Buck up, my conservative brethren...

Little Raven

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So says Jonah Goldberg of National Review, commenting on what he sees as a great victory for conservatives that is unfolding right now...the fact that gun control has been all but abandoned by the Left.
For decades, the courts, the legal and academic establishments, the press and all right-thinking people everywhere have been arguing that not only is the Second Amendment a chestnut from a bygone age, but that enlightened judges should just go ahead and void the darn thing like a bad parking ticket.

...

Now, you might think this is what I have in mind when I say that the Court of Appeals ruling was an epochal victory for conservatives. But it’s not.

No, the real victory is that liberals are starting to accept the fact that the constitution has a meaning separate and distinct from what the most pliant liberal judge wants it to mean. Therefore, writes Wittes, “perhaps it’s time for gun-control supporters to come to grips with the fact that the (Second Amendment) actually means something ... For which reason, I hereby advance a modest proposal: Let’s repeal the damn thing.” Wittes isn’t alone. A number of left-wing commentators have picked up the idea as well.

Personally, I would oppose repeal, and I have problems with many liberal arguments against the Second Amendment. But that liberals are willing to play by the rules is an enormous, monumental victory that transcends the particulars of the gun-control debate.

“It’s true that repealing the Second Amendment is politically impossible right now,” Wittes concedes. “That doesn’t bother me. It should be hard to take away a constitutional right.”

Yes, it should. It should also be hard to mint a new one. And, as conservatives have argued for decades, in both cases the ideal method is democratic debate and legislative deliberation, not judicial whim.

So buck up, my conservative brethren. It’s not all bad news these days.
I'm going to do something I rarely do. I'm going to agree with Jonah. Except that I'm to add that this is not just a victory for conservatives, it's a victory for liberals as well.

Gun control, the way that various groups were attempting to pursue it during the 90s, was flat out bad policy. Personally, I'm a firm believer in the right to own a gun, but if you are going to attempt the change that, there's a right and wrong way to go about it. Judicial fiat is the wrong way. And the Democrats attempts to impose it on the issue cost them. Abandoning that route will serve the entire country, and I applaud the fact that the issue has been successfully sidelined. Let's hope that when/if the Democrats feel obliged to take up that sword again, they do it the way Benjamin Wittes suggests. In the end, honest debate will serve them better than backroom wrangling. It generally does.
 
How has the Second Amendment been handled by Judicial fiat? The Supreme Court hasn't touched it in decades.

I am fairly conservative when it comes to the 2nd Amendment, but most of the gun issues have revolved around legislation that was then either backed up or struck down by courts. The Supremes haven't seen enough lower court meddling on the Amendment to see the need to get involved.
 
How has the Second Amendment been handled by Judicial fiat? The Supreme Court hasn't touched it in decades.
It hasn't been, despite what the NRA would have you believe. ;) But that Democrats back in the 90s were attempting to engineer that situation was never much of a secret. And I personally think those attempts contributed to getting kicked to the curb in '94.
 
How has the Second Amendment been handled by Judicial fiat? The Supreme Court hasn't touched it in decades.

The US Court of Appeals just overturned the Washington DC gun ban didnt it?
 
What, you mean this one? :mischief:

PLUG! PLUG!
 
The US Court of Appeals just overturned the Washington DC gun ban didnt it?
Isn't that the essence of what I just posted? That Courts have not been acting by Judicial fiat, but upholding and striking down legislation.

And the DC Court of Appeals only struck a small part of the DC gun ban. The importance of that holding is that they went against the most recent Supreme Court decision in holding whether the 2nd Amendment was an individual or collective right.
 
I don't think they're giving up because they think the 2A is written this way or that. They're giving up because the pro-gun support is so strong its near-suicide for a politician to upset that faction.

That's true, It's also hard to accuse the Bush administration of overriding or ignoring the constitution while trying to get rid of the 2nd amendment, without being accused of hypocrisy.
 
Wow, finally some gun-rights opponents are getting it. This is indeed in excellent day for, in truth, all concerned with good debate and good law.
 
That's true, It's also hard to accuse the Bush administration of overriding or ignoring the constitution while trying to get rid of the 2nd amendment, without being accused of hypocrisy.
It was pretty funny in the Senate Hearing yesterday. A Republican Senator from Alabama was trying to lead the witness on the conclude that a California U.S. Attorney was fired for, in part, not getting enough gun possession convictions. The only criminal trial that the DOJ witness had ever tried also involved illegal possession of a gun.
 
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