Tuesday, October 13, 2009

Briefs Start Coming in for McDonald

Just as they did with the Heller case, Senators Kay Bailey Hutchison (R-Texas) and Jon Tester (D-Mont.) are joining Rep. Mark Souder (R-Ind.) in filing a joint amicus brief before the Supreme Court asking the court to rule that Chicago’s gun ban is unconstitutional. Interestingly, The Hill is couching the case as one that “could further expand the Second Amendment and restrict governments’ ability to police the flow of firearms.” Talking about a slanted statement! Even a cursory reading of American history shows that the Second Amendment was always supposed to affirm an individual, inalienable right. All the upcoming McDonald case does is to reaffirm today what was patently obvious then. In no way, shape, form, or fashion does it “expand” the Second Amendment, nor does it have anything to do with the government’s ability to “police” firearms.

Senator Hutchinson states:

“With its landmark decision in D.C. v. Heller, the Supreme Court affirmed an individual’s right to bear arms is a fundamental, Constitutionally-guaranteed liberty. The Second Amendment should protect all lawful gun owners, but some courts have not viewed this right as one protected from state infringement. I look forward to the Supreme Court’s consideration of McDonald v. the City of Chicago so this extremely important Constitutional question regarding a fundamental, individual right can be settled, once and for all.”

I personally couldn’t agree more. This is a Constitutional question that should have never had to have been asked. I’m also glad to see that this brief will be filed by both Democrats and Republicans. The Second Amendment for too long was a purely partisan issue, but recent years have seen a surge in bipartisan support for the right to keep and bear arms. Hopefully other Senators and Representatives will sign on to this brief as well.

Until next time!!!

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