For further discussion and perhaps participation.
-------- Original Message --------
Subject: Fw: Seek partners for amicus brief in DC v. Heller
Date: Wed, 21 Nov 2007 07:13:06 -0600
From: Jon Roland <[EMAIL PROTECTED]>
Reply-To: [EMAIL PROTECTED]
Organization: Constitution Society
To: Nicholas J. Szabo <[EMAIL PROTECTED]>
CC: Larry Pratt <[EMAIL PROTECTED]>, Bob Sheridan
<[EMAIL PROTECTED]>, Carrese Paul O Civ USAFA/DFPS
<[EMAIL PROTECTED]>, David Sloss <[EMAIL PROTECTED]>, Earl Maltz
<[EMAIL PROTECTED]>, Hadley P Arkes <[EMAIL PROTECTED]>, Ilya
Somin <[EMAIL PROTECTED]>, Institute of Bill of Rights Law <[EMAIL PROTECTED]>,
"James G. Wilson" <[EMAIL PROTECTED]>, Jonathan Turley
<[EMAIL PROTECTED]>, Kurt Lash <[EMAIL PROTECTED]>, Malla Pollack
<[EMAIL PROTECTED]>, Mark Graber <[EMAIL PROTECTED]>, Michael Curtis
<[EMAIL PROTECTED]>, Nelson Lund <[EMAIL PROTECTED]>, "Rosenthal,
Lawrence" <[EMAIL PROTECTED]>, Scott Gerber <[EMAIL PROTECTED]>, Sean
Wilson <[EMAIL PROTECTED]>, seth tillman <[EMAIL PROTECTED]>
This is to expand the invitation set forth below to a larger group (all
presumed to be militia since you are not officials :-)
I propose to also make the argument that the primary original meaning of
"militia", from the Latin, is /defense activity/, or military service,
and only secondarily those engaged in it, or the subset of those who may
be required to engage in that that activity. It is a common idiom in
English of the era to use the same word for an activity and those
engaged in it. Understood in this way, the word is not a plural form,
and a single individual, engaged in defense activity, is engaged in militia.
-------- Original Message --------
Subject: Seek partners for amicus brief in DC v. Heller
Date: Tue, 20 Nov 2007 18:44:31 -0600
From: Jon Roland <[EMAIL PROTECTED]>
Reply-To: [EMAIL PROTECTED]
Organization: Constitution Society
To: Alan Gottlieb <[EMAIL PROTECTED]>, Aaron Zelman <[EMAIL PROTECTED]>,
Akhil Reed Amar <[EMAIL PROTECTED]>
CC: Stephen P. Halbrook <[EMAIL PROTECTED]>, David Hardy
<[EMAIL PROTECTED]>, Clayton E. Cramer <[EMAIL PROTECTED]>,
Angel Shamaya <[EMAIL PROTECTED]>, David Kopel <[EMAIL PROTECTED]>,
Volokh, Eugene <[EMAIL PROTECTED]>, Randy Barnett
<[EMAIL PROTECTED]>, Lawrence Solum <[EMAIL PROTECTED]>
We are contemplating filing an /amicus curiae/ brief of our own in /DC
v. Heller/, but might join with others. We will not duplicate the
arguments made by others, but will address the issue of what kind of
regulation of firearms, if any, is constitutional. Our position will be,
/only regulation that enhances the effectiveness of militia/. That could
include regulation of the safety of firearms, to exclude those that
might be dangerous to their users or to unintended targets, but nothing
more restrictive. We will argue for an analogy to the preemptive
authority to regulate the time, place and manner of congressional
elections, that it is unconstitutional to do so in a way that would make
elections less fair, convenient, or accurate. similarly, it is
unconstitutional to regulate militia in ways that make them less
effective in dealing with invasion or insurrection, or with enforcing
law. People may be /required/ to be armed, but not /forbidden/ to be
armed, without a specific due process proceeding to disable the exercise
of the right on proof the individual is a treat to himself or others,
with a right to a jury.
If you or anyone you know would like to join in this, please contact us
or pass this message on to them.
-- Jon
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