District of Columbia v. Heller Preview
Tomorrow, the Supreme Court will hear oral argument in District of Columber v. Heller, the case challenging the District of Columbia’s decades-old and near-complete ban on gun ownership by city residents. At stake is interpretation of an Amendment that has received almost no judicial scrutiny in 209 years since it was enacted.
One blogger, former Washington […]

RSS 2.0 Feed
[…] got some thoughts about the issues at stake and possible outcomes in the gun control case that will be argued before the Supreme Court tomorrow up at The Liberty […]
Pingback by Below The Beltway » Blog Archive » D.C. v. Heller Preview — March 17, 2008 @ 1:17 pm
[…] Mr. Mataconis closes his analysis of the case with the following thought: The most likely outcome of the Court’s decision in Heller, whatever it might be, is that it will merely be the beginning of an entirely new area of Constitutional jurisprudence. Ten years from now, Second Amendment cases may be as common in the Supreme Court as First Amendment cases once were, and that will continue until the Court hammers out a coherent Second Amendment case law. -=SOURCE=- […]
Pingback by A good PRE-analysis of DC v. Heller » Scott’s Morning Brew — March 17, 2008 @ 3:16 pm
I think the court will rule in favor of a collective right. It would fit in ideologically with Kelo and Raich. It would also fit in with the government, faced with the decision of backing up its own power or leaving such power in the hands of the individual, will side with keeping its own power.
I hope I am in wrong but I think the individual gun rights crowd are going to be handed a devestating defeat.
Comment by tkc — March 17, 2008 @ 6:10 pm
Chris is right that we are unlikely to see complete resolution of the gun control issue from this case
Constitutionally, the Court cannot completely resolve the gun control issue. It is limited to the case or controversy before it.
Comment by Joshua Holmes — March 17, 2008 @ 6:17 pm
[…] of the best commentary on this for laymen is over at the Liberty Papers which walks readers through a pretty thorough look at the legal landscape. The Raising Kaine folks […]
Pingback by BLACK VELVET BRUCE LI : The 2A Superbowl Kick-Off — March 17, 2008 @ 7:55 pm
tkc,
I could easily see them going for the “individual right” and the “rational basis” test instead of the “strict scrutiny” test.
That way, they get to tell you you have a right to bear arms, but don’t actually enact any meaningful limits on the government regulation of that right.
Comment by Brad Warbiany — March 17, 2008 @ 11:00 pm
[…] Brad Warbiany: tkc, I could easily see them going for the “individual right” and the “rational… […]
Pingback by The Liberty Papers »Blog Archive » Gun Rights On The Docket Today At The Supreme Court — March 18, 2008 @ 6:19 am
The Declaration of Independence, the United States Constitution and the Bill of Rights, these documents all have one thing in common and that is they are about “We the People.” All these documents place the emphasis on the individual and the States, ..”Government of the people, for the people and by the people ..” the government derives its powers by the consent of the governed, that is the people, why have we forgotten this?
There is nothing in any of these documents referring to the “collective” anything. So, why in a series of documents proclaiming the “individual,” why would the Founding Fathers pick the second spot in the Bill of Rights to proclaim that gun ownership was a collective right of the government, especially when the Constitution commands the Federal Government to have a standing Army, one cannot have a standing Army without guns, now can one? Then for what reason would the Founding Fathers be redundant on this subject?
Only in a liberal mind can one read into a statement the exact opposite of what that statement says. The government is not all-powerful, it is the people who hold the power and the sovereignty of this Republic. Take another look at the Tenth Amendment sometime.
Comment by VpatS — March 18, 2008 @ 7:49 am
[…] VpatS: The Declaration of Independence, the United States Constitution and the Bill of Rights, these documents all… […]
Pingback by The Liberty Papers »Blog Archive » District of Columbia v. Heller Gets Its Day In Court — March 18, 2008 @ 12:25 pm