3/26 "I support the First Amendment right to carry and bear arms," - Rudy
Giuliani, on Sean Hannity's radio show.
\_ Are there any other ultra-dense cities in the world
where it is legal to carry guns?
\_ Maybe he's trying to make the point that the pen is mightier than
the sword!
\_ only if said pen is stuck into the neck
\- how would you like a pencil in your neck?
get off bob dole's lawn.
--bdole
\_ ???
\_ Thus far, the D.C. Cir. has little company in its holding that
the 2d enumerates two rights, one for the states re militias,
and one for the people. But no court has held that this this
personal right is incorporated against the states.
Maybe "Rudy" thinks the personal right would get more mileage
in the courts if one were to claim that it was based on
associational freedoms, "free exercise" rights (particularly
if one was a sikh) or "expressive" political speech rights,
all of which receive strict scrutiny and are incorporated
against the states via the 14th.
Or he just misspoke 1st for 2d.
\_ "Rudy" misspoke? Anyway.... If the USSC rules that the 2nd
does mean 'personal right' to carry a weapon, will you accept
that or come back and complain that BUSH's court has destroyed
the USC?
\_ If my comments conveyed the message that I believe the D.C.
Cir. incorrectly decided that the 2d enumerates a personal
right and a state right, I apologize. I think that the D.C.
Cir. correctly decided that the 2d enumerates a personal
right.
I would completely support a USSC decision finding that
(1) the 2d enumerates a personal right; and
(2) this right was incorporated against the states via
the 14th.
Finding a personal right w/o incorporation is, in my view,
insufficient b/c the states would remain free to regulate
arms. Since the 7th's jury trial in civil cases hasn't been
incorporated, conceivably the 2d's personal right may not be
either.
\_ Thanks for clarifying. |