Gun Rights Preserved by One Vote
Posted by Ryan on June 26, 2008
The Supreme Court has obviously been a little bipolar lately… who am I kidding? Justice Kennedy wants to be the powerful/swing justice on the court as he voted today with the Four Good Justices to uphold the Second Amendment.
It was a Scalia v. Stevens battle, with Scalia happily on the winning side.
Justice Antonin Scalia wrote a lucid and detailed opinion for the majority (pdf — start on page four for Scalia’s view) where he addresses the original intent of the Founder’s views on individual gun ownership, referring to Jefferson, Madison and others in his opinion. It’s cited full of British and American history as to the meaning of the Founder’s intentions, SCOTUS precedent, and the DC law itself. It is a breath of fresh air.
The buzz out there is not that SCOTUS actually upheld the Constitution (which lately is pretty amazing), but that four justices saw no need to uphold over 216 years of precedent on the principle of individual gun rights! If this is an indication of where things are going on this court, 2008 will sadly be a critical election to decide the political nature of our supposedly non-political branch.
Pic is Archibald Willard’s painting “Spirit of ’76.”