Sunday, June 29, 2008

Heller, A Euro View

The Economist reports on Heller with the headline: The Supreme Court opens fire, The Nine strike down a gun ban and delight the firearms lobby.
While describing the pro- and anti-gun control positions of advocates on either side, what the article fails to do altogether is recognize the most important aspect of this case. Perhaps having a written constitution, or any law limiting the power of parliament, it is difficult for the Economist to recognize the significance of Heller, but we should emphasize it for them nevertheless.

The decision reaffirmed that the U.S. Constitution may actually mean what it says and the courts are bound to enforce its meaning as written regardless of whether the judges support the position taken by the founding fathers.

If the court were not to enforce the constitution as written, then there is no bulwark at all against the establishment of a tyranny over the people by the government. Our gratitude then to Justice Antonin Scalia and his colleagues that decided for the sovereignty of the people.

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