I don’t see how there’s any, any, any contradiction between reading the second clause as a — as a personal guarantee and reading the first one as assuring the existence of a militia, not necessarily a State-managed militia because the … Continue reading
A constitutional guarantee subject to future judges’ assessments of its usefulness is no constitutional guarantee at all . . . Like the First, [the Second Amendment] is the very product of an interest-balancing by the people… Justice Antonin Scalia June … Continue reading
hope I have made it clear that my belief that the use of foreign law in our constitutional decisions is the wave of the future does not at all suggest that I think it’s a good idea. I do not. … Continue reading
We are aware of the problem of handgun violence in this country, and we take seriously the concerns raised by the many amici who believe that prohibition of handgun ownership is a solution. The Constitution leaves the District of Columbia … Continue reading
There is a lot of statistical disagreement on whether the Miranda rule saves lives or not, whether it results in the release of dangerous people who have confessed to their crime but the confession can’t be used. We don’t — … Continue reading
If “bear arms” means, as we think, simply the carrying of arms, a modifier can limit the purpose of the carriage (“for the purpose of selfdefense” or “to make war against the King”). But if “bear arms” means, as the … Continue reading
The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. The Amendment’s prefatory clause announces a purpose, but … Continue reading
This seems like as good a time as any to bring this to peoples attention: I even take the position that sexual orgies eliminate social tensions and ought to be encouraged. Antonin ScaliaSeptember 2004
In sum, we hold that the District’s ban on handgun possession in the home violates the Second Amendment, as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense. Assuming that Heller … Continue reading
Quote of the Day The First Amendment contains the freedom-of-speech guarantee that the people ratified, which included exceptions for obscenity, libel, and disclosure of state secrets, but not for the expression of extremely unpopular and wrong-headed views. The Second Amendment … Continue reading
The USA Today editorial board is incoherent and/or has a reading comprehension problem and/or is lying. And they tell the lie that they believe an inanimate object can be guilty: Kyle Rittenhouse may be innocent, but not the assault-style rifles … Continue reading
Rip RBG. Just when we thought 2020 couldn’t get more politically charged. Jaime Huffman September 18, 2020 Via text message. [This is how I found out RBG died. A few minutes later she also sent me a screen shot of … Continue reading
“It may be objected that if weapons that are most useful in military service—M-16 rifles and the like—may be banned, then the Second Amendment right is completely detached from the prefatory clause. But as we have said, the conception of … Continue reading
Anyone who wants an AR15 is too crazy to own a gun. And yes, I do want to take your guns. But I know that’s unrealistic. However outlawing future sales of Assault rifles is extremely reasonable- even for Scalia. The … Continue reading
Justice Scalia also wrote that, ‘Weapons that are most useful in military service, M-16 rifles and the like, may be banned’ without infringing on the Second Amendment. Do you agree with that statement that under the Second Amendment weapons that … Continue reading
A sober assessment of the Second Amendment’s present status must precede any attempt at predicting a “conservative” Supreme Court nominee’s impact on the Second Amendment’s future. Well before Justice Antonin Scalia’s passing, judges figured out that District of Columbia v. … Continue reading
I’m not sure exactly what these folks are pledging to do. Are they living constitutionalists pledging fealty to the Constitution on the day they sign the pledge? Or some future Constitution the exact substance of which they don’t even know … Continue reading
Supreme Court Justice Antonin Scalia took fellow Justice Elena Kagan out for a lesson in skeet shooting at his shooting club in Virginia last week. Alexis Levinson October 25, 2010 Scalia takes Kagan to gun range, sources say [As Say … Continue reading
It should come as a surprise to no one that gun permits and applications in Florida are on a record pace, as barrel-strokers with small penises* throughout the state react to an alleged threat that has virtually no chance of … Continue reading
The last place you want to conceal is in the District, with all of these federal buildings. It makes the job of law enforcement damned difficult. This is a frontal assault on the District’s regulations under the Second Amendment. I … Continue reading