By the way, I just noticed the subject line of the earlier post --
folks, let's please keep things on a thoughtful, academic level.
________________________________
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Volokh,
Eugene
Sent: Wednesday, July 25, 2007 12:12 PM
To: List Firearms Reg
Subject: RE: The REPUBLICAN horse's ass from New York.
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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