interesting 2A mention by Justice Scalia in a 1997 book

interesting 2A mention by Justice Scalia in a 1997 book

This is a discussion on interesting 2A mention by Justice Scalia in a 1997 book within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; We all know and love Scalia's majority opinion in Heller , 2008. Reading his book "A Matter of Interpretation-Federal Courts and the Law", I found ...

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    Distinguished Member Array Anubis's Avatar
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    interesting 2A mention by Justice Scalia in a 1997 book

    We all know and love Scalia's majority opinion in Heller, 2008.

    Reading his book "A Matter of Interpretation-Federal Courts and the Law", I found the following comment very interesting. Apparently his view changed quite a bit between 1997 and 2008.

    But in any case, the record of history refutes the proposition that the evolving Constitution will invariably enlarge individual rights. The most obvious refutation is the modern Court's limitation of the constitutional protections afforded to property. The provision prohibiting impairment of the obligation of contracts, for example, has been gutted [Home Building & Loan Ass'n v. Blaisdell]. I am sure that We the People agree with that development; we value property rights less than the Founders did. So also, we value the right to bear arms less than did the Founders (who thought the right of self-defense to be absolutely fundamental), and there will be few tears shed if and when the Second Amendment is held to guarantee nothing more than the state National Guard. But this just shows that the Founders were right when they feared that some (in their view misguided) future generation might wish to abandon liberties that they considered essential, and so sought to protect those liberties in a Bill of Rights.
    Last edited by Anubis; December 29th, 2012 at 02:10 PM.


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