Joe: I'm puzzled -- isn't it clear that before the Fourteenth
Amendment, the dominant view (not the only view, but the dominant one,
eventually adopted in Barron v. Baltimore) was that gun control was
indeed a matter for state-by-state decisionmaking (at least setting
aside conflicts with federal law), and that the Second Amendment, like
other amendments, bound only the federal government?
One can fault Giuliani for not being attentive to how the Fourteenth
Amendment was interpreted, and what its Ratifiers would have said, but
it sounds to me like he's quite right as to the Founding Fathers.
Eugene
________________________________
From: Joseph E. Olson [mailto:[EMAIL PROTECTED]
Sent: Wednesday, July 25, 2007 11:36 AM
To: List Firearms Reg
Subject: The REPUBLICAN horse's ass from New York.
So the Second Amendment is just window dressing? Empty words
designed to fool the voters of 1787 as well as those of today?
[quote] Questions on topics such as gun control, gay rights or
aspects of abortion, he continued, "are issues that I think the founding
fathers would say should be consigned to state and local governments,
experimenting, deciding, having different views, and the federal
government having a more limited role."
That perspective leads Giuliani toward positions uncomfortable
for both left and right. As mayor, for instance, Giuliani supported
President Clinton's nationwide ban on semi-automatic assault weapons.
But President Bush allowed that ban to lapse, and now Giuliani (in a
view many gun-control advocates consider impractical) says decisions on
whether to ban such weapons should be made "on a state-by-state, almost
city-by-city basis." [/quote]
http://www.latimes.com/news/opinion/la-oe-brownstein25jul25,0,3879519.co
lumn?coll=la-opinion-rightrail
Professor Joseph Olson, J.D., LL.M. o- 651-523-2142
Hamline University School of Law f- 651-523-2236
St. Paul, MN 55113-1235 c- 612-865-7956
[EMAIL PROTECTED]
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