I’m sick of reading about Heller, but then again I’m not, which is probably why I read with interest Stanley Fish’s take on Heller in the NY Times.
Comments
I think what you’re getting at is do we need to go through Article V of the Constitution to change what it means. The answer is “yes.” Otherwise (and I ask this in all seriousness) why do we have a written constitution?
Excellent point.
Posted by: Stephen M (Ethesis) | Jul 12, 2008 8:49:43 PM
I think what you’re getting at is do we need to go through Article V of the Constitution to change what it means. The answer is “yes.” Otherwise (and I ask this in all seriousness) why do we have a written constitution?
Posted by: anon | Jul 7, 2008 3:56:42 PM
This has been a curiosity of mine since the decision. Doesn’t Heller present a unique situation in meeting strict scrutiny (or whatever level is ultimately determined to be the controlling doctrine on the Second Amendment)? DC ends its handgun ban. Violent crime and deaths either go up or they don’t. Let’s assume first that they do. Given a conclusive study showing that the change in DC’s handgun law caused more deaths (maybe a fantasy, but let’s assume it for now), wouldn’t we have a narrowly tailored way of preventing those deaths (which is certainly a compelling government interest) – re-enact the handgun ban.
So, you could have gun control without getting rid of the Second Amendment. And here’s the nice thing about it – if violent crime and deaths do not increase, then maybe we shouldn’t care much after all about gun bans.
Posted by: David S. Cohen | Jul 7, 2008 2:33:09 PM
I agree with Justinian. I’ve presented the “intentionalism” argument before to friends, who’ve universally agreed that I’m a moron… If you think the justification for the 2d amendment is silly, that’s fine… but it is still there… Personally, I’d vote against repealing the 2d amendment (as if I get a vote, but since I am neither a Congressman nor in a state legistlature, I do not), but that’s irrelevant.
I’d be wary of any “study” that purports to correlate Heller with an increase or decrease in gun violence… Very few states/locales have gun bans as restrictive as DC’s… and criminals do not care whether they have a constitutional right to carry a gun or not… all they care about is that they have a gun, and you do not …
Posted by: PA | Jul 7, 2008 12:46:33 PM
I’ve always said that if we want gun control, the only legal way to get it is to modify the 2nd amendment.
Posted by: Justinian Lane | Jul 7, 2008 12:04:05 PM