The World According to Nick
My take on Software, Technology, Politics, and anything else I feel like talking about.
Tuesday, April 06, 2004

Some Interesting Dissents 

From the 9th Circuit Court of Appeals... They issued an order denying rehearing en banc in another case that would have the court to redecide whether the 2nd Amendment gives an individual the right to bear arms, or whether this is a "collective right" (which is the dominant view of the federal courts). The fact that the rehearing was denied is not a shock. What is interesting is the strong wording that has come from the dissents of that ruling in the court. Here is the best quote from Judge Kleinfeld (Emphasis Added):

Our court has erased 10% of the Bill of Rights for 20% of the American people. No liberties are safe if courts can so easily erase them, and no lover of liberty can be confident that an important right will never become so disfavored in popular or elite opinion as to be vulnerable to being discarded like the Second Amendment.
...
Some people think that the Second Amendment is an outdated relic of an earlier time. Doubtless some also think that constitutional protections of other rights are outdated relics of earlier times. We The People own those rights regardless, unless and until We The People repeal them. For those who believe it to be outdated, the Second Amendment provides a good test of whether their allegiance is really to the Constitution of the United States, or only to their preferences in public policies and audiences. The Constitution is law, not vague aspirations, and we are obligated to protect, defend, and apply it. If the Second Amendment were truly an outdated relic, the Constitution provides a method for repeal. The Constitution does not furnish the federal courts with an eraser.


There are more here... read on.

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Name: Nick
Home: Wauwatosa, WI, United States

I'm a Software Consultant in the Milwaukee area. Among various geeky pursuits, I'm also an amateur triathlete, and enjoy rock climbing. I also like to think I'm a political pundit.


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