Tuesday, April 21, 2009

QOTD

Nordyke v. King, No. 07-15763, Slip Op. at 4496 (9th Cir. Apr. 20, 2009):
[T]he right to keep and bear arms is "deeply rooted in this Nation’s history and tradition." Colonial revolutionaries, the Founders, and a host of commentators and lawmakers living during the first one hundred years of the Republic all insisted on the fundamental nature of the right. It has long been regarded as the "true palladium of liberty." Colonists relied on it to assert and to win their independence, and the victorious Union sought to prevent a recalcitrant South from abridging it less than a century later. The crucial role this deeply rooted right has played in our birth and history compels us to recognize that it is indeed fundamental, that it is necessary to the Anglo-American conception of ordered liberty that we have inherited. We are therefore persuaded that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment and applies it against the states and local governments.
(via SCOTUS Blog)

6 comments:

OBloodyHell said...

> and applies it against the states and local governments.

Now, if only we can actually get anyone to enforce that...

Inter armes, silent leges...When the State has the arms, do people fight for their rights or yield like bleating sheep?

"Among other things, being disarmed causes you to be despised." - Machiavelli -

bobn said...

Man, I hope this gets to SCOTUS before Obama gets to make any appointments thereto.

Carl said...

The Heller case broadly hinted that the Second Amendment would apply to the states (it wasn't at issue there because the case arose out of the District of Columbia). But if even the 9th Circuit--the most liberal in the nation--gets it, I think we'll be ok no matter who's on the Court. Besides, the most likely retirements are Stevens, Souter and Ginsburg, each of whom were in the Heller minority, so--barring catastrophe--even three Obama appointments won't change anything.

bobn said...

Carl,

Thanks for the info. I was trying to remember if the 9th Circuit was the crazy liberal one...

Were they forced to this by Heller?

In any case, good news. You may yet get that Sig...

bobn said...

BTW, I think you will like M_O_M's latest.

Carl said...

bobn:

All the first eight Amendments to the Constitution have been "incorporated" to apply to the states through the 14th Amendment except the Second Amendment, which had not been ruled upon in modern times. As I said above, Heller didn't involve state law, so didn't address the issue (see note 23), but there's no reason incorporation shouldn't also apply to Amendment 2, as the 9th Circuit has now ruled.

M_O_M's piece is good; thanks.