“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
On the comment thread to a recent post, I made a note that the Courts essentially interpret laws any way they choose. The point was disputed by folks with a better legal understanding than I.
But let me try to expan on that. Consider the second amendment. (Why not be as controversial as possible?)
We all know precisely what the Founding Fathers had in mind when they wrote it. The goal was for the country to have citizen soldiers that could repel invasions by foreign powers. But… at least since the evil Canadians burned down the White House, its apparent to one and all that a citizen militia is unlikely to be the force that can keep them damn foreigners at bay.
But these citizen militias have no chance, none, against the Canadian hordes without proper weaponry. I’m talking assault helicopters, main battle tanks, fighter planes, reconnaissance aircraft, the works. But the average Joe is not allowed not allowed to own these items. Or, for that matter, fuel air bombs, surface to air missiles, or nuclear weapons. Not even belt fed machine guns. (I would guess that most Americans, myself included, are quite happy that their neighbors are not allowed to own such items.) But the Founding Fathers never said: “Its all well good for the People to own hunting knives and pistols, but not muskets.”
Which means… either the Courts – and that would include our boys Scalia and Thomas – are purposely violating the letter of the Constitution (something about the right to bear Arms) and the intent of the Founding Fathers. Which means that they are interpreting things any way they choose. And if this is true of the Constitution, how is it not going to be untrue of lesser issues? Now, I’m not saying its a good thing or a bad thing… I am merely saying that its hard to take seriously anyone who claims to be a strict originalist or whatever the term happens to be, unless they support my right to own this, but that anyone who does support that “right” is out of his or her mind.