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February 13, 2012
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David G. Savage: Why activists may not be in a hurry to have High Court rule on alternative marriage
February 9, 2012
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Menachem Wecker: Though Controversial, LL.M.'s Can Lead to Specialized Legal Jobs
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February 7, 2012
Frank J. Gaffney, Jr.: Caught off-guard? President's Super Bowl interview with Matt Lauer gives those who need a reason not to vote for him, a darn good one
Suzanne Bohan: Leaping lizards! Tiny reptiles advancing robot design
February 6, 2012
Jonathan Tobin: Iran Threatens Israel With Destruction, But the New York Times Doesn't Hear It
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Julie Deardorff : Researchers say antioxidants may not be that effective and could do more harm than good
Mark Clayton: How did Anonymous hackers eavesdrop on FBI and Scotland Yard?
February 3, 2012
Edmund Sanders : Israeli official says Iran is creating missile that could reach East Coast of US
Victoria Kim: Immigrant-smuggling ring used black drivers to avoid racial profiling
February 2, 2012
Jim Carney: Wrong number call may have saved her life
Reza Kahlili : Ex-CIA spy in Iran's Revolutionary Guard: What Obama doesn't grasp about striking deals with Tehran
Tina Susman: For woodchuck rescuer, every day is Groundhog Day
February 1, 2012
Brian Bennett: US officials see increasing threat of domestic attack from Iran
Emily Brandon: How to Take Advantage of New 401(k) Fee Disclosures
January 31, 2012
January 30, 2012
Paul Richter and Ramin Mostaghim: Misreading Teheran's limits -- deadly and economically devastating as they may be -- is a risk administration, Europe seem willing to take
Suzanne Bohan: Warning: Nap-deprived tots missing more than sleep, study finds
Meg Handley: Banks Revamping Rewards Programs to Woo Customers
January 27, 2012
Caroline B. Glick: Obama: Of course I intend to prevent a nuclear holocaust . . . in a few months
Yochonon Donn: In liberal New York City, fervently-Orthodox Jews may soon be getting a district to call their own
Jeannine Stein: An inflated ego and thinking you're 'all that' doesn't just make others sick of you, it can make you ill
Katy Hopkins: New budget rules may affect how much money you get for college
January 26, 2012
Ed Koch: To the New York Times, calling for the murder of Jews by those capable of having their incitement taken seriously isn't news
Jeannine Stein: Mental illness struck one in five U.S. adults in 2010: Report
January 25, 2012
Richard Simon: House passes two bills endorsing the use of religious symbols at military memorials
Fred Weir: Putin: Multiethnic Russia cannot survive as a US-style 'melting pot'; must find its own way
Susan Johnston: 5 Sneaky Coupon Strategies Consumers Should Watch Out For
January 24, 2012
Carol Clark: The price of your soul: How your brain decides whether to 'sell out'
Caroline B. Glick: America lost most in 'Arab Spring'. Sadly, many voters still don't grasp the extent
Warren Richey: Drug criminal scores win in GPS ruling from conservative-leaning high court
Erika Bolstad: Black conservatives gather to talk about gaining strength
January 23, 2012
Melissa Dribben: Jewish voters to play a key role in Florida's Republican primary
Jordan Rau: In quest to grow, Catholic hospital system will announce this morning its break from church
Ali Safi: U.S. envoy gives Taliban terms for peace talks
January 19, 2012
January 18, 2012
January 17, 2012
Frank J. Gaffney Jr.: No-kidding red lines: U.S. response to an Iranian nuke may be bluster, but Israel's won't be
David G. Savage: They sued their principals after slandering them online --- now the cases are headed to the Supreme Court
David Francis: Where to Invest in 2012: With stocks expected to rebound, opportunity abounds for investors
January 13, 2012
Ben Lynfield: Israeli lawmakers move to annex Jewish Judea, one museum at a time
Alexia Elejalde-Ruiz: Thriving through touch: Gentle massage helps older people with low mobility improve in mind and body
January 12, 2012
Warren Richey: Landmark Supreme Court ruling a 'resounding win' for religious groups
Warren Richey: Supreme Court says no to new rule on eyewitness testimony
John Fauber : Statins found to raise diabetes risk in postmenopausal women
Katy Hopkins : Consider This Before You Pay for an Online Degree
The Kosher Gourmet by Joseph Erdos: This mushroom and barley soup has an intense -- almost nutty -- flavor that mixes robust with Middle East. It has creaminess without cream
January 11, 2012
Shari Roan: Millions of atrial fibrillation sufferers at risk for devastating, but preventable, stroke
Tom Hussain: Pakistan -- recipient of more than $21 billion in civilian and military aid -- speeds pursuit of Iranian pipeline, defying US
David G. Savage: High court signals it won't be loosening TV's 'indecency' rules
Stephen Ceasar: Oklahoma's Islamic law amendment can't go into effect, court rules
January 10, 2012
Reza Kahlili: From an ex-CIA spy: US must exploit new split in Iran's Revolutionary Guard
Karen Kaplan: Study: Nicotine replacement products ineffective when used in real-life situations
January 9, 2012
Michael Doyle: Put through legal hell over dream home, couple fought back hard --- all the way to Supreme Court
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Jewish World Review
July 1, 2008
/ 28 Sivan 5768
Rights, arms and the man
By
Debra J. Saunders
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http://www.JewishWorldReview.com |
"A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed." Because of the inclusion of the M-word (militia), gun-control advocates have long argued that the Second Amendment applies to militia, but not to individual citizens.
Last week, the Supreme Court put an end to that nonsense when it issued a decision overturning the District of Columbia's 32-year-old ban on handguns even in citizens' own homes. In the 5-4 decision, Justice Antonin Scalia hailed "the right of law-abiding … citizens to use arms in defense of hearth and home."
It was "an inevitable ruling," explained George Washington University Law Professor Jonathan Turley. "Even though I'm an advocate of gun control, it's very hard to read the Second Amendment and not see an individual right."
Yet, somehow, four justices did not see that the fundamental right actually, it's more than a right, it's a basic human instinct of self-defense. As Justice Stephen Breyer wrote in one of two dissenting opinions, "The Second Amendment protects militia-related, not self-defense related, interests."
John Eastman, law school dean at Chapman University in Orange County, Calif., found it ironic that the four justices relied on an interpretation, albeit erroneous, of the framers' original intent when they don't seem to care about original intent in so many other cases.
According to Justice Anthony Kennedy, the court is supposed to determine whether death penalty cases are constitutional, based on "the evolving standards of decency that mark the progress of a maturing society."
But with this case, quipped Eastman, "Everyone seems to be an origin-alist now." Justice John Paul Stevens accused the majority of engaging in judicial activism by issuing a ruling that, after two centuries, directs federal courts to look at the right to bear arms as a fundamental right, even if it can be restricted.
But as Scalia wrote, "it is not the role of this Court to pronounce the Second Amendment extinct." And: "This Court first held a law to violate the First Amendment's guarantee of freedom of speech in 1931, almost 150 years after the Amendment was ratified." And that was copasetic.
The reason for the 200-plus year delay, Eastman explained, is simple: "For most of our history, the question did not present itself."
In his dissenting opinion, Breyer argued that the Washington handgun ban does not preclude citizens from protecting themselves with rifles. To which Eastman countered, "Breyer seems never to have shot a gun." Handguns are easier to maneuver in small spaces; they are smaller, and hence harder to grab, and they are easier to handle for those with limited upper body strength.
Of course, the worst part of the Washington handgun ban is that it applied to an individual's home. That's right, the District of Columbia was legislating what citizens could have in their bedrooms.
"The NRA could not have written a law better for the purposes of challenge," Turley noted. Do I want more guns? No. I don't want more abortions either, but I recognize women's right to abortion. And if women have a right to abortion, they certainly have a right to defend their bodies against intruders.
In the end, the court settled a matter that had been ruled by sensibilities. When fashionable people can afford to hire security guards or live in gated communities, they tend to think of self-defense as a neurotic obsession of the gauche and overwrought. They don't think they need handguns, therefore no one needs handguns. They are undeterred by research that shows that their gun bans don't reduce crime, because it only matters that they mean well.
So they come to believe that they have the right to deny other less enlightened people the right to choose to defend their very homes because they long ago blurred the line between a legal right and personal desire.
Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.
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Debra J. Saunders Archives
© 2007, Creators Syndicate
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