McDonald v. Chicago: The Right to Bear Arms Affirmed

The Supreme Court has announced its ruling in McDonald v. Chicago. As in D.C. v. Heller, the Court found that the Second Amendment "protects the right to keep and bear arms for the purpose of self-defense". In Heller the Court affirmed that right against the Federal Government. In McDonald, the Court holds "that the Second Amendment right is fully applicable the the States".

Initial impression: as in my previous comments on Doe v. Reed, I agree with the Court's decision but I think that only one member got the reasons right. The Court decided 5 to 4 that the Second Amendment means what it obviously means (I agree with that part). As elsewhere in the Constitution, the right of the people is a right of individual persons. The Court found that the Second Amendment is incorporated into the Due Process clause of the Bill of Rights because it is deeply rooted in American history. That last part is there to avoid the arbitrary creation of new rights (a right to free health care?) that are not so rooted.

Clarence Thomas alone would abandon the "due process clause" as the portal of incorporation, and turn instead to the "privileges and immunities clause. I think he is correct to do so. In that case it makes clear that the Bill of Rights only protects the fundamental rights of all American citizens as they were understood at the time the amendments were ratified. If you want new rights, pass new amendments.

More later if I get around to it…

Comments

[Rodrigo]

If NYPD would catch the suspects, they woldun't have to wander around staring at women, judging them, and trying to scare them so much.For decades, at least, women have been blamed for their own attacks they were too sexy , provocative , etc. and even in the courts, lawyers have claimed that rapists were just responding to these terrible women's blatant come-ons . The truth is that if a man isn't able to control himself and becomes violent at the mere sight of a woman, in any garb whatsoever, then that man is an animal in need of elimination for the safety of society. And make no mistake rape isn't sex, it is violence.But I do find myself wondering: would NYPD recommend hijab, then? After all, look how well that works for the women in the Middle East who are raped, and then put to death by their own families? /sarc