Small Victory

A recent Supreme Court decision seems to give those of us heart who want some sort of control on the sale of guns in this country, some restoration of sanity in what has become sheer madness. A Yahoo News story suggests that the Court realizes that the sale of such things as assault rifles and semi-automatic weapons was never any part of what the Founders had in mind:

Washington (AFP) – The US Supreme Court appeared on Monday to back lawmakers who want to restrict the type of guns such as semi-automatic assault weapons used in recent mass shootings.
In a 7-2 vote, the high court’s justices refused to take up a challenge to a Chicago suburb’s ban on the sale or possession of semi-automatic weapons or high-capacity magazines with more than 10 rounds of ammunition.

The court’s move is a small victory for activists against the spread of such guns, which can potentially kill many people in a short period of time.

Predictably, the two Justices who voted in opposition to the majority were conservatives Antonin Scalia and Clarence Thomas. What is interesting to me is that Thomas claims to be a “strict constructionist,” one who  thinks the country needs to stick close to the intentions of the Founders. But, as I have said on these blogs repeatedly, a close reading of the second amendment to our Constitution states clearly that the “right” to bear arms is designed to guarantee the ability of a militia to defend the country against possible insurrection. The amendment doesn’t guarantee all of us the right to bear arms, only the militia. And since we no longer have a militia it would follow that the so-called right is no longer applicable. Further, the Court in years past has ruled out such things as machine guns and sawed-off shotguns on the grounds that these are not protected by the Second Amendment. So there is precedent.

One would expect that the Supreme Court is not subject to the threats and pressures the N.R.A. can bring against elected officials — by guaranteeing that those who are “uncooperative” have brief political lives. The justices are appointed for life and the original idea was that as such they would be above political infighting and cajolery. And in the past, the Court has shown that it can rise above political infighting; even the present Court has done so on occasion. Such is the case here, one would think. It is a small step. But when most of the steps we have been taking recently seem to be backwards, it is a sign of hope that there is a way forward.

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2 thoughts on “Small Victory

  1. This is a welcome decision. Scalia has other problems to answer with his overt racial comment in the U of Texas affirmative action lawsuit.

  2. Very good news. … and as I’ve mentioned before, for those who do want to own an assault weapon, they can always turn to the Constitution for guidance and join the military. That’s the only place it belongs.

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