Souter, Stevens and Ginsburg seem to be pretty focused on the English Bill of Rights in terms of how to interpret its limitations. Why? I thought we had this little thing known as the American Revolution? To me the English Bill of Rights is only tangentuilly important in terms of the meaning of the Second Amendment.



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March 18th, 2008 at 12:05 pm
I have a feeling it has to do with ruling from the top, the anointed get to dictate to the little stupid people.
Too bad OUR country is supposed to be “we the people”
Sadly, the liberals will cheer over this as they see government as being able to do no wrong and if the king says it must be so they’ll applaud, or riot in the street like they’ve been known to do.
March 18th, 2008 at 12:08 pm
Both sides are trying to claim the English Bill of Rights as the roots of the 2A
March 18th, 2008 at 12:10 pm
! I just listened to the Solicitor General state that he believes that the federal gun laws are only constitutional under moderate scrutiny. WTF?!? That’s what he said.
If they are constitutional, they are constitutional under any standard, no?
March 18th, 2008 at 12:11 pm
centuries of english law are reflected in our constitution’s bill or rights…the founding fathers relied on this philosophy and tradition…and if our current SCOTUS judges interpret this correctly, the individual right will prevail…
March 18th, 2008 at 12:11 pm
And then heard Justice Ginsberg say that if the 1A is held to strict scrutiny, the 2A should be as well…
March 18th, 2008 at 12:13 pm
machine guns are undoubtedly arms. I can’t believe the asinine arguments being made here.
March 18th, 2008 at 12:14 pm
OK - SG Clement is backing off the machinegun ban - “It’s be nice to have in that Congress passed it, but…”
March 18th, 2008 at 12:16 pm
“Justice” and “Ginsberg” together…
one of the greastest disgraces in the modern judicial era (or any era, come to think of it)…
did she stay awake the entire time??
she’s known to take naps during work hours…
March 18th, 2008 at 12:17 pm
Dunno - she seems to be following the argument - note her question is in our favor (as 1A laws must be construed under Strict Scrutiny).
March 18th, 2008 at 12:21 pm
Where an you listen to it?
March 18th, 2008 at 12:29 pm
c-span
March 18th, 2008 at 1:42 pm
…English Bill of Rights in terms of how to interpret its limitations
They keyed in on that because–if it’s the foundation of the American right–the Founders would not have enumerated a lesser right than what the oppressive government they’d just overthrown allowed.