Precedent v. The Constitution
Tuesday, June 29th, 2010Well, yesterday McDonald v. Chicago was decided. The good guys won, and the 2nd Amendment was found to apply to the states. It’s not yet clear what this will actually mean in practical terms, but there’s hope that people in, say, New York City (where I am) will actually be allowed the practical means to defend themselves.
Now, I haven’t yet read the decision (it’s 214 pages, and only came out yesterday), but I think I can risk a bit of opinion while it’s still timely.
One of the really interesting things about the case is that Alan Gura, the attorney for the defence, argued for incorporation based on the Privileges or Immunities Clause, rather than the Due Process Clause. Justice Thomas wrote a 56-page opinion “concurring in part and concurring in the judgment”, in support of this. Scalia wrote a concurrence, beginning: Read more »
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