A Supreme
Court "which says the legislature should be heeded whenever possible" may do
lots of things, but that's not the Supreme Court we have today, by any
means. The current Court has generally deferred substantially to Congress
when it comes to questions of the enumerated federal powers (Lopez, Morrison,
and Boerne are the exceptions rather than the rule, and Lopez itself makes clear
that virtually any regulations of sales of anything would be constitutional,
even if purely intrastate), but generally *not* as to the definitions of the
Bill of Rights provisions.
I do think
the Court would be influenced by Congressional statements about the Second
Amendment being an individual right, from the Freedmen's Bureau bill to the
Firearms Owners Protection Act to this statute, if it's enacted. (Among
other things, it helps undermine the argument that whatever the Second Amendment
may have meant at the framing, times have changed so much that the provision is
obviously obsolete.) But it will be a relatively modest influence, I
think, rather than a desire to "heed[ the legislature] whenever
possible."
Eugene
-----Original Message-----I just finished reading the text of S659 (better late than never I suppose) which is designed to protect dealers/manufactuers from frivilous lawsuits, etc.
From: Ron Moore [mailto:[EMAIL PROTECTED]
Sent: Monday, October 27, 2003 10:12 PM
To: [EMAIL PROTECTED]
Subject: Re: US District Judge (NY) rules 2nd not individual right
The following is a part of the bill:
SEC. 2. FINDINGS; PURPOSES.(a)FINDINGS.�The Congress finds the following: (1)Citizens have a right,protected by the Sec- ond Amendment to the United States Constitution, to keep and bear arms.
For you constitutional scholars and keeping within the limits of this list, would not a Supreme Court which says the legislature should be heeded whenever possible find it necessary to rule that the Second Amendment does guarantee a personal right?
At 04:46 PM 10/27/2003 -0800, you wrote:
Well, I hope this is on redundant...I couldn't find any prior reference to it.
Brian Beck
---------------------
More funny business from Clinton appointees. New York is one of six
states that does not support the RKBA in its state constitution (the six
are California, Iowa, Maryland, Missouri, New Jersey, and New York).
"Challenge to Ban on Non-Resident Weapons Permit Fails"
http://www.law.com/jsp/article.jsp?id=1065122107783
"Adopting a position that the Second Amendment of the U.S. Constitution
does not protect a fundamental individual right, a Northern District
judge has held that a U.S. naval attorney with top-secret security
clearance can be barred by New York from carrying a concealed weapon
while visiting relatives in Ulster County, N.Y."
And...
"But in a recent decision, U.S. District Judge Norman A. Mordue of
Syracuse rejected Bach's claims and dismissed the suit.
"In view of the weight of authority, including the present state of
Supreme Court and 2nd Circuit jurisprudence, the court adopts the view
that the Second Amendment is not a source of individual rights," he
wrote."
Ron Moore
