Friday, June 27, 2008

SCOTUS shoots the moon

Heller certainly gives us something important to think about. There’s some good pieces abroad; keep an eye on the Feed for some of the best. I’m not quite sure how I feel about this in a legal sense; I need to study it in depth. But I must say that I do not favor the idea of there being a fundamental right to private weaponry in the year 2008. It just doesn’t track, much as, for me, the right of society to perform acts of capital punishment just doesn’t track. I do not feel that the Constitution is absolute; it has often proven itself inadequate to a particular situation, and fortunately an amendment process exists for fixing those inadequacies. I mean, after all, the thing did once explicitly support enslavement of human beings, and there was that ping pong game over the use of alcohol; some locales, by the way, are still dry, although none still have slavery, for the most part. Questions of law as morality, or morality as law, become very interesting in this light. Anyhow, people will be barking up this tree for some time to come, as they have for some time past. Students of the game should, if nothing else, learn a lot from it regardless of their personal opinion. And, let’s face it. It’s not as if we didn’t know it was coming.

On the positive side, the next time O’C has a forty-day awards ceremony, I can just shoot him. Scalia will defend my right to this. (Come to think of it, who wouldn’t?)

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