Amar ridicules Justice Stevens' dissent in Heller

This is a discussion on Amar ridicules Justice Stevens' dissent in Heller within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; A recent Harvard Law Review has an amusing article by Akhil Reed Amar, who is acknowledged as the paramount Constitutional scholar of our time. http://www.harvardlawreview.org/issu...nov08/amar.pdf ...

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Thread: Amar ridicules Justice Stevens' dissent in Heller

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    Distinguished Member Array Anubis's Avatar
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    Amar ridicules Justice Stevens' dissent in Heller

    A recent Harvard Law Review has an amusing article by Akhil Reed Amar, who is acknowledged as the paramount Constitutional scholar of our time.

    http://www.harvardlawreview.org/issu...nov08/amar.pdf

    You may recall how Justice Scalia's majority opinion analyzed the founders' writing on the subject and determined that 2A is unequivocally an individual right, ignoring precedential court decisions to the contrary. Justice Stevens' dissent basically argued that a Supreme Court decision must follow precedent, right or wrong. Amar points out that Stevens applies this doctrine only when he wishes, since Stevens recently espoused ignoring bad precedent in a 6th amendment case.

    Amar points out quite simply that the Constitution is the supreme law of the land, not court decisions, and any precedential decisions that contradict the Constitution should be overturned and ignored.

    What, you say you don't want to read the whole 54 pages of Amar's article? Just search out the 104 occurrences of "Stevens" for the best parts.
    Last edited by Anubis; December 18th, 2008 at 10:16 PM.

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    VIP Member Array edr9x23super's Avatar
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    Outstanding Post! While it is a little tedious for a layman like me to read through it is good to see one of the leading constitutional scholars of our time agreeing with us gun owners.
    "Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined". - Patrick Henry

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    Ex Member Array JOHNSMITH's Avatar
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    I truly am a believer that if one actually thinks and uses logic about 2A and gun rights, there's really no logical way to be a super anti. Just no way.

    I'm always one of those guys who tries to step into the shoes of my psychological opponent, even when it makes me uncomfortable; also, I love being that guy who plays devil's advocate towards your views, even if I agree with what you're saying - just to get a more open discussion and force everyone's minds open.

    However, 2A is one area where I can't, because there's just no logic to being against it. Any argument against it (that I've seen) tends to be in these categories:

    1) Fear/emotion - they're scary! they're loud!
    2) Elitest - only the government should have them! (self-deprecating and not understanding the importance of personal liberty and the proper role of government). Or, why do you live in such a bad place? I mean *I* live in a GREAT neighborhood with NO crime! Gawd, you are so inferior to me because apparently crime only happens to poor people. You and your UNCIVILIZED guns. What you say doesn't matter, because I have more money and therefore you should just do what I say because that's how it is.
    3) Naivete/hubris - the government will protect us, I don't need no gun! I mean, crime could never ACTUALLY happen to me. I'll just dial 911, you know? And lock myself in the room. I mean, I'm sure every victim of crime has known it was going to happen to them, so that's why they walked right into it.

    There's no good reason for any of those

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