Whether the following provisions — D.C. Code secs. 7-2502.02(a)(4), 22-4504(a), and 7-2507.02 — violate the Second Amendment rights of individuals who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for private use in their homes?
The Supremes have decided to grant a hearing to decide upon the D.C. case in which the circuit court -- first time ever for a federal court -- struck down a local law as a breach of the Second Amendment. I have wrote a lot about the case here (comments), but a couple things stand out.
First, they took the case, even though the circuit ruling left open the opportunity of various regulations. No major circuit split -- the Fifth Circuit supported an individual right but upheld the regulation involved -- is at stake. And, the issue is pretty controversial. As I noted in the comments, limiting some provision to D.C. is a bit iffy. Second, the wording of the question appears to make it almost like some sort of privacy case. If so, that might not be a bad thing.* Check the links for further discussion.
Senate Majority Leader Harry Reid and Virginia Senator Jim Webb think they have found a solution to the problem of unconstitutional recess appointments: every three or so business days during the Thanksgiving break, they will convene "pro forma" sessions of the Senate, lasting only a minute or two. (The schedule was announced by Senator Webb on Monday.) They think this will prevent the President from appointing officers during this intra-session adjournment.
The person is not sure they are in the clear, even if he thinks the President has abused the "recess" appointment process. Still, I appreciate the attempt. Bush not only had more appointments than Clinton, but did so in a more blatant manner in various cases. Anyway, an effort to make a point, challenge Bush and uphold some important constitutional principle is appreciated. And, as this previous liberal leaning Democrat who served deep in Texas noted, having guts is appreciated.**
The framers of the Declaration of Independence evidently believed that happiness could be achieved, putting its pursuit up there alongside the unalienable rights to life and liberty. Though governments since then have seen life and liberty as deserving of vigorous protection, for all the public policies aimed at increasing economic growth, people have been left to sort out their happiness.
An editorial piece in the NYT recently discussed the pursuit of happiness, a central fundamental right that has constitutional significance. Its focus on the importance of happiness, including in public policy formulation, is sound. Still, a couple dubious assumptions. Money is still an important part of happiness. And, the "pursuit" of happiness is the inalienable right. Happiness itself, well, we shall continue to pursue it.
Some level can be achieved, but we are fated to always lack some aspect of finally reaching the goal. 'Tis the nature of the animal and imperfect society. Interesting article in the paper, btw, on how changes in the law have made contraceptives more expensive on many college campuses. My own member of Congress has proposed a law to address the situation. The connection to the subject at hand can be imagined.
Happy Thanksgiving.
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* Different cases put the Second Amendment among those that involve rights of individuals, but a steady theme (to cite a 1980 ruling) is that "the Second Amendment guarantees no right to keep and bear a firearm that does not have 'some reasonable relationship to the preservation or efficiency of a well regulated militia.'"
** Joe Conason btw suggests how even attempts that seem to let people off the hook or achieve only partial victories do a lot:
Those questions date back to McClellan's first remarks on the subject, when he famously said that the president would dismiss any official determined to be responsible for leaking Plame's identity. "If anyone in this administration was involved in it, they would no longer be in this administration. There's been nothing, absolutely nothing, brought to our attention to suggest any White House involvement." Sworn testimony eventually proved that the leakers included Libby, Rove, former Deputy Secretary of State Richard Armitage, and McClellan's predecessor, former press secretary Ari Fleischer. The same raft of evidence also indicated that Cheney orchestrated Libby's leak to New York Times reporter Judith Miller.
IOW, the investigation -- investigations congressional Republicans tended to deem off the table -- brought much to light. That's not enough, but it's something.