SCOTUS and Guns
Bravo to the majority of the Supreme Court for recognizing the obvious and refusing to be pushed into treating the Second Amendment’s explicit right with less deference than is created for implied rights discovered elsewhere in the Constitution.
Some of this term’s decisions are inexplicable given the Framers’ intention that the Constitution be easily read and understood by laymen, but not this one. If Senator McCain wins the presidency, we will be on course to return to an understanding of the Constitution that vest most power within the sequenced and balanced majoritarianism of the other two branches, with the Court as the guardian of the explicitly stated great rights and the demarcation of the lines between the branches.
If Senator Obama wins, this decision may well be the swan song for principled originalism.
Off to D.C. for three days. Dean Barnett sits in tonight, but I’ll be broadcasting from inside the Beltway tomorrow, and no doubt much of Friday’s will be about today’s decision.