NY Times article on the 2nd Amendment

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    VIP Member Array Blackeagle's Avatar
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    NY Times article on the 2nd Amendment

    There's an interesting New York Times article about how legal scholars have changed their views on the Second Amendment in recent years. One of the more interesting things that it points out is the role that liberal law professors played in putting forth the individual rights view.

    If only as a matter of consistency, Professor Levinson continued, liberals who favor expansive interpretations of other amendments in the Bill of Rights, like those protecting free speech and the rights of criminal defendants, should also embrace a broad reading of the Second Amendment.
    While we all know what the 2A means here, what legal scholars things about it plays a fairly large role in how courts are going to interpret it. The changing view that the article talks about it really what set the stage for the decision in Parker v. District of Columbia, and I think it's something we should keep ourselves informed about.

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    VIP Member Array peacefuljeffrey's Avatar
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    Sanford Levinson is the noted constitutional scholar who wrote an article called, "That Embarrassing Second Amendment," which pretty much laid out that liberals have to grant that the 2A means what it says or else be hypocrites and disengenous. It embarrasses them to have to admit that the Constitution runs counter to what they desperately want, which is all power vested in the state, with rights grudgingly meted out to the people when it suits the governing elite.

    the article is here Enjoy!

    From the article:
    I cannot help but suspect that the best explanation for the absence of the Second Amendment from the legal consciousness of the elite bar, including that component found in the legal academy, [28] is derived from a mixture of sheer opposition to the idea of private ownership of guns and the perhaps subconscious fear that altogether plausible, perhaps even "winning," interpretations of the Second Amendment would present real hurdles to those of us supporting prohibitory regulation. Thus the title of this essay --The Embarrassing Second Amendment -- for I want to suggest that the Amendment may be profoundly embarrassing to many who both support such regulation and view themselves as committed to zealous adherence to the Bill of Rights (such as most members of the ACLU). Indeed, one sometimes discovers members of the NRA who are equally committed members of the ACLU, differing with the latter only on the issue of the Second Amendment but otherwise genuinely sharing the libertarian viewpoint of the ACLU.
    Last edited by peacefuljeffrey; May 6th, 2007 at 12:41 AM.

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    Ron
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    Distinguished Member Array Ron's Avatar
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    Interesting that he considers the ACLU viewpoint as "Libertarian." I always thought them to be more "Liberal" then Libertarian.
    "It does not do to leave a dragon out of your calculations, if you live near him."

    J. R. R. Tolkien

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    Distinguished Member Array Chooie's Avatar
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    Same.

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    I agree with Ron. I've never interpreted any actions by the ACLU as libertarian.
    "Society never advances. It recedes as fast on one side as it gains on the other. It undergoes continual change; but this change is not [an improvement]. For everything that is given, something is taken."
    Ralph Waldo Emerson

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    Regardless of whatever phonetic approach you use...ACLU cannot be pronounced, Libertarian...

    OMO

    Stay armed...stay safe!

    ret
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    VIP Member Array peacefuljeffrey's Avatar
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    Only one point need be made to PROVE that the ACLU is not Libertarian, and that is that they feel that the GOVERNMENT is protected by the Second Amendment, and not the People.

    You could not manufacture a more wrong interpretation of the Constitution.

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    Ex Member Array dwolsten's Avatar
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    The ACLU to me seems to be conveniently libertarian on some issues, but plainly left-wing liberal on others. Not consistent at all, and not really in keeping with their chosen name.

    If you look at their FAQ here:
    http://www.aclu.org/about/faqs/index.html#3_1
    you'll see a few libertarian leanings, like being against the PATRIOT act, supporting religious freedom and freedom of speech, however their support of Affirmative Action is clearly against libertarian ideals, as is their "neutral" position on gun control which includes some words favoring "reasonable regulation" of guns, including licensing and registration(!!! That was Hitler's position on guns too).

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