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Scalia on Target

Friday, June 27th, 2008

The SCOTUS decision in Heller is important. Let me crib from Lexington Green:

The enshrinement of constitutional rights necessarily takes certain policy choices off the table. These include the absolute prohibition of handguns held and used for self-defense in the home. Undoubtedly some think that the Second Amendment is outmoded in a society where our standing army is the pride of our Nation, where well-trained police forces provide personal security, and where gun violence is a serious problem. That is perhaps debatable, but what is not debatable is that it is not the role of this Court to pronounce the Second Amendment extinct.

Justice Scalia, The District of Columbia v. Heller

Heller was not just an affirmation of the common sense and historical interpretation of the 2nd Amendment as an individual right -indeed, the idea that the people did not have the right to be armed except at the pleasure of and in service to the national or state governments would have struck the Founders as outrageous tyranny – the entire Bill of Rights was added to placate moderate antifederalists who were unmollified by Hamiltonian assurances regarding Federal power – but of the right of self-defense itself. Not everybody believes that right exists. Or more precisely, they seek to convince you against all history and common sense that you have no right to preserve your life when threatened.

That ancient underlying right emanating from Natural Law is the real target of gun grabbers and authoritarian bureaucrats.

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