Demoting the Second Amendment to some lower tier of enumerated rights is unwarranted. The Second Amendment has the distinction of securing the most fundamental rights of all—enabling the preservation of one’s life and guaranteeing our liberty. These are not second-class concerns. Yet preservation of human life is also the government’s chief regulatory interest in arms. Constitutional review of gun laws thus finds both individual and governmental interests at their zenith.
Robert A. Levy
Clark M. Neily III
February 24, 2008
On Writ Of Certiorari To The United States Court Of Appeals For The District Of Columbia Circuit
[I find this last sentence a very interesting point. It explains why, obvious in hindsight, the 2nd Amendment has come under such vicious attack and those attacks have been tolerated so well by the courts and the people. It is much more difficult to justify similar attacks on the 1st Amendment and it has flourished. And a similar analysis explains why we don’t have much of our 4th Amendment rights honored as well.–Joe]