Democratic Congress Stinks It Up

Who would have thunk that we'd see the day when three times as many people have confidence in the US Supreme Court as have confidence in Congress? Or when people are four times more confident in organized religion than in Congress? Oh and did I mention that the police and the military are even more popular than that?

Oh well, I'm sure once there's a Democratic president, all of their problems will
be magically solved...

Heller: Originalism Triumphant

Make no mistake about it, the Supreme Court's affirmation that the Second Amendment does, indeed, protect individual gun rights was a momentous development in the law. Besides aligning constitutional jurisprudence with the public understanding of America's founding document, the decision also demonstrated the powerful influence of originalism on legal culture in the past 20 years.

As Prof. Dale Carpenter of the University of Minnesota noted recently, it is remarkable that not only the Heller majority, but also the dissenting Justices, relied on historical and textual arguments to support their preferred interpretation of the Second Amendment. Had the Heller case decided in the 70s, both the majority and dissenting opinions would have far more closely resembled Justice Breyer's policy-driven approach.

One man, of course, deserves most of the credit for this revolution in Constitutional Law: Justice Antonin Scalia. Without his perserverence, the Court's sweeping affirmation of the right to keep and bear arms would have been unthinkable. As corny as it sounds, the country owes him its thanks.

Heller: Criminals Lose, Citizens Win

I'm still processing the Supreme Court's landmark Heller decision and will write considerably more about it tomorrow. For now, let me just respond to Washington Post columnist Colbert King's criticism of the opinion as a victory for "D.C. thugs."

Ummm... no Mr. King. In spite of the District's handgun ban, the thugs are already armed. How else, pray tell, have they continued perpetrating their thuggery? Now, though, law-abiding citizens like Mr. Heller will have the ability to defend themselves. Sounds just to me.

HT: National Review

Habeas and Handguns: The Supreme Court and the Election

According to a new Washington Post poll, 61% of Americans disagree with the Supreme Court's recent Boumediene decision, in which the Justices extended habeas corpus rights to the detainees at Guantanamo Bay. In the short run, the decision seems to have helped McCain, as Obama's embrace of the Court's meddling made him look soft on national security.

Even more than Boumediene, however, the Court's upcoming decision in Heller, the DC guns case, will have a tremendous impact on the 2008 race. If, as I believe is likely, the Supreme Court affirms that the Second Amendment does, in fact, protect the rights of citizens to own weapons, Obama will be forced to take a concrete stand on this delicate issue. Given that Obama has, as an Illinois legislator, supported banning all handguns, this should be fun to watch.

I predict that Obama will waffle again. More syrup, please.

Preview of the Obama Supreme Court?

Check out this picture of Judge James Burge of the Lorain County Court of Common Pleas in Ohio. Judge Burge recently struck down the state's death penalty as unconstitutional. Is this the sort of caring and empathetic Justice we can expect a President Obama to appoint? Yes, we can. Viva la revolucion.

Pregaming Heller

Speaking of guns: while many on the Right have been justifiably miffed over the Supreme Court's recent ruling in Boumediene (the Guantanamo habeas case), conservatives will probably be cheered by the Court's upcoming decision in Heller, the D.C. guns case. As this analysis from Concurring Opinions reveals, there are at least 5, and maybe as many as 7, votes on the Court to recognize an individual right to keep and bear arms under the Second Amendment. Moreover, current conservative bete noire Anthony Kennedy seemed at oral argument to be among the Court's most ardent champions of gun rights. It will be interesting to see how long the Left's current adulation of the Supreme Court will last.

The Politics of Habeas Corpus

Like many on the right, I am troubled by the practical implications of the Supreme Court's recent decision to extend the protections of habeas corpus to enemy combatants held at Guantanamo Bay.

On a political level, I agree with Jen Rubin at Contentions that this decision could provide a tactical opportunity for John McCain. In its recent ruling, the Supreme Court emphasized that Congress could still maintain the present system of military tribunals by voting to suspend the writ of habeas corpus. By proposing such a suspension, McCain would challenge Obama to a debate on national security that the Arizona senator is sure to win. Here's hoping, then, that at least some good will come out of the Boumediene decision.