Tugboat1988
01-13-2008, 03:40 PM
The information below is from the Supreme Court of the United States as posted on their SCOTUSBLOG. It is a very important presentation that should be carefully considered. The Administration is asking rule in a way that will allow current federal law to be retained even if it is technically or even openly unconstitutional. So, this becomes a fundamental question concerning the legal status of government operations. More, it may be construed to say that government can determine its own limits. As a Fundamental Constitutionalist, I find the proposal astonishingly dangerous.
Tugboat
U.S. supports gun rights, but ……
Friday, January 11th, 2008 10:19 pm | Lyle Denniston |
The Bush Administration urged the Supreme Court Friday night to rule that the Second Amendment protects an individual right to have a gun for private use, but argued that the D.C. Circuit Court went too far in applying that personal right view. The appeals court, the new brief said, seems to have adopted a “more categorical approach” to gun control laws than is proper.
In a move designed at least in part to protect federal gun laws from being struck down, the new brief urged the Justices to uphold an individual right to a gun and adopt a flexible standard for judging specific laws, and then return the pending test case from the District of Columbia back to the Circuit Court for another look. Tellingly, the government’s friend-of-court brief was not labeled as a supporting brief for either side in the case of District of Columbia v. Heller (07-290).
The government brief can be downloaded here.
Filed by U.S. Solicitor General Paul D. Clement, the brief took no direct position on the constitutionality of the 1976 D.C. law that is at issue: a flat ban on private possession of handguns. The Circuit Court, in a ruling last March, struck down the law, finding that it violates the Second Amendment on the understanding that the Amendment protects an individual, not a collective, right. Clement did comment that the D.C. pistol ban “may well fail” if tested under the approach he recommended, but he did not argue that it would necessarily fail. …snip… The post continues at the below hot link.
http://www.scotusblog.com/wp/uncategorized/us-supports-gun-rights-but-more-narrowly/
Tugboat
U.S. supports gun rights, but ……
Friday, January 11th, 2008 10:19 pm | Lyle Denniston |
The Bush Administration urged the Supreme Court Friday night to rule that the Second Amendment protects an individual right to have a gun for private use, but argued that the D.C. Circuit Court went too far in applying that personal right view. The appeals court, the new brief said, seems to have adopted a “more categorical approach” to gun control laws than is proper.
In a move designed at least in part to protect federal gun laws from being struck down, the new brief urged the Justices to uphold an individual right to a gun and adopt a flexible standard for judging specific laws, and then return the pending test case from the District of Columbia back to the Circuit Court for another look. Tellingly, the government’s friend-of-court brief was not labeled as a supporting brief for either side in the case of District of Columbia v. Heller (07-290).
The government brief can be downloaded here.
Filed by U.S. Solicitor General Paul D. Clement, the brief took no direct position on the constitutionality of the 1976 D.C. law that is at issue: a flat ban on private possession of handguns. The Circuit Court, in a ruling last March, struck down the law, finding that it violates the Second Amendment on the understanding that the Amendment protects an individual, not a collective, right. Clement did comment that the D.C. pistol ban “may well fail” if tested under the approach he recommended, but he did not argue that it would necessarily fail. …snip… The post continues at the below hot link.
http://www.scotusblog.com/wp/uncategorized/us-supports-gun-rights-but-more-narrowly/