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Wednesday, March 19, 2008

Lawyers, guns and money ...11:43 am

Yesterday, the U.S. Supreme Court heard oral arguments in District of Columbia v. Heller, the case testing the constitutionality of Washington D.C.’s virtually complete ban on the ownership of handguns. It is, amazingly, the first time since the Bill of Rights was adopted in 1791 that the meaning of the Second Amendment is being squarely addressed by the nation’s highest court. That amendment of-course reads: “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”

I think that reading the transcript of those arguments (pdf file) yesterday ought to make anyone exceptionally proud to be American. Governments by their nature will always tend to prefer disarmed to armed citizens, and across much of the world democratic governments (never mind the tyrannies) have steadily removed such rights to own firearms as may have existed in their laws, taking advantage of waves of outrage over high profile crimes to punish law-abiding gun owners. Yesterday, a 217-year-old piece of paper spoke out across the centuries and said that America is indeed intended to be an exceptional place. It appears that people were listening.

It is said, based on the tone of the questioning yesterday, that an individual right to keep and bear firearms is bound to be upheld by this court. I wouldn’t be complacent about it, but I would at this point have significant hope that we can be grateful for John Roberts, Samuel Alito and George W. Bush. It’s a stark reminder that winning elections matters.

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