Free Markets, Free People

Samuel Alito


SCOTUS – all Americans have the right to keep and bear arms

In a rather interesting ruling which, unsurprisingly, split along ideological lines, the Supreme Court today made it clear that all Americans enjoy the full right and benefit of self-defense guaranteed by the 2nd Amendment.  Mary Katharine Ham notes part of the majority opinion written by Justice Samuel Alito:

Alito writes in part, “Self-defense is a basic right, recognized by many legal systems from ancient times to the present day, and in Heller, we held that individual self-defense is “the central component” of the Second Amendment right,” while allowing, as in Heller, for sensible gun ownership restrictions.

Alito went on to write:

We repeat those assurances here. Despite municipal respondents’ doomsday proclamations, incorporation does not imperil every law regulating firearms.

Of course, the crack left by that sentence will be fully exploited by municipalities and states, calling whatever they try to do "sensible gun ownership restrictions". But Alito makes it clear that the Bill of Rights, as incorporated under the Constitution, doesn’t mean that states have the right or authority to radically change the intent of the constitutional guarantees they provide citizens:

"The relationship between the Bill of Rights’ guarantees and the States must be governed by a single, neutral principle. It is far too late to exhume what Justice Brennan, writing for the Court 46 years ago, derided as “the notion that the Fourteenth Amendment applies to the States only a watered-down, subjective version of the individual guarantees of the Bill of Rights.”

Or, screw with this ruling at your own peril.

As mentioned, the court split 5-4.  Justice Stephen Breyer wrote the dissent:

He disagreed with the majority that it is a fundamental right, and said the court was restricting state and local efforts from designing gun control laws that fit their particular circumstances, and turning over all decisions to federal judges.

"Given the empirical and local value-laden nature of the questions that lie at the heart of the issue, why, in a nation whose constitution foresees democratic decision-making, is it so fundamental a matter as to require taking that power from the people?" Breyer wrote. "What is it here that the people did not know? What is it that a judge knows better?"

Well that’s a simple one, Justice Breyer – because rights aren’t something one votes on.  A right is something one either has or doesn’t.  What Breyer is suggesting is it should be up to a majority to “vote” to take away the rights guaranteed to all Americans by the Constitution.  In my ideological neck of the woods, that dog won’t hunt.

~McQ