Thursday, 26 June 2008
In America, the rights of the individual prevail today over the sometimes questionable prerogative of state and government.
The U.S. Supreme Court reaffirmed the constitutional right of an American to have a gun and, especially, for the purpose of self-defense in one’s home. This individual right has been clearly acknowledged independent of the necessities of military or militia service, duty and training. The ruling comes out of the Court’s review of District of Columbia v. Heller. Additionally: Washington, D.C.’s many year ban on handguns and a mandatory requirement for gun locks was deemed unconstitutional.
District of Columbia v. Heller is the most important Second Amendment case in American history. Today’s decision is a historical decision that will guide the way courts and States consider questions about the American right of responsible citizens to own a gun for a long time to come. The American right of an individual for self defense is more clearly defined as a Constitutional right.
This historical decision represents the deeply considered and powerful reasoning of Justice Antonin Scalia who led the majority opinion. According to Georgetown University Law Professor Randy Barnett, Justice Scalia’s opinion “is the clearest, most careful interpretation of the meaning of the Constitution ever to be adopted by a majority of the Supreme Court.”
This opinion, writes Barnett in The Wall Street Journal, “is the finest example of what is now called original public meaning jurisprudence ever adopted by the Supreme Court.”