Monday, June 28, 2010

The Constitution is dead.

The truth told by a Republican nominee to the court, Samuel Alito. From Aaron Wolf's If I Could Turn Back Time:
Here’s the bottom line of today’s SCOTUS decision regarding the incorporation of the Second Amendment, which amounts to an explicit rejection of traditional federalism on the part of the conservative majority. (Full disclosure: I’m of the Hestonian “cold, dead hands” persuasion.) Writing for the majority, Justice Alito admits the original intent of the Bill of Rights: “The Bill of Rights, including the Second Amendment, originally applied only to the Federal Government.” The Marshall Court “firmly rejected the proposition that the first eight Amendments operate as limitations on the States, holding that they apply only to the Federal Government.” Then comes the “big but” of American history: “The constitutional Amendments adopted in the aftermath of the Civil War fundamentally altered our country’s federal system.”

So who dissented? Not the supposed originalist Antonin Scalia or Clarence Thomas.

Supreme Court extends 2nd Amendment protection to state, local levels
NY Times
wiki: McDonald v. Chicago

Rebellion: The Second Amendment trap

Related:
Reclaiming the Jeffersonian Tradition of Nullification By Kevin Gutzman
(Professor Gutzman reviews Tom Wood's Nullification: How to Resist Federal Tyranny in the 21st Century.)

See also his "Dubious Victory," written in the wake of Nordyke v. King and Heller.

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