Friday, February 15, 2008

Bush Administration sells out the Second Amendment.

The big government policies of the Bush administration have once again shown their face. Lots of conservatives don't mind that Bush has shredded the First Amendment and the Fourth Amendment, etc. But they have comforted their little pea brains with the idea that King George and his lackeys were good on the Second Amendment. They don't mind spying on people, warrantless searches, suspension of writ of habeas corpus but they start to have fits over the thought that their guns might be touched. Unlike the Left, or the Right, I happen to support all ten amendments of the Bill of Rights, including the "Forgotten Ninth" and the Tenth.

For the first time, in a very long time, the Supreme Court will be hearing a case, DC vs Heller, regarding the outright ban on owning handguns in the Disctrict of Columbia. I've been collecting the amicus briefs that have been filed with the Supreme Court on the case. And the pro-rights side have filed some good material. In addition the Congress on Racial Equality and the gay group, Pink Pistols, have filed briefs defending the rights of gun owners (gee, I'd love to see the day when conservative gun owners file briefs in court in defense of the rights of racial minorities and gays). Some of the usual suspects on the Left have filed briefs defending the gun ban And now Bush's Department of Justice steps in and basically sabotages the rights of gun owners.

Libertarian attorney Robert Levy, who is involved with the case has written about how the Bush Administration is working to undermine the pro-rights position in this case. The Bush people are basically trying to get the Court to send the case back to the lower courts. Levy writes:
Rather than a foursquare pronouncement that the D.C. handgun ban is unreasonable by any standard, the Justice Department has essentially endorsed years of depositions and expert testimony, and a rerun before a less hospitable Supreme Court.

In effect, a conservative administration has thrown a lifeline to gun controllers. Following the DOJ blueprint, they can pay lip service to an individual right while simultaneously stripping it of any real meaning. After all, if the D.C. ban can survive judicial scrutiny, it is difficult to imagine a regulation that would not.

Levy concludes:
Supporters of the Constitution can only hope that the Supreme Court will embrace an individual-rights view of the Second Amendment while rejecting the notion that legislatures can treat the amendment as if it did not exist. Regrettably, the Bush administration — supposed proponent of gun rights and devotee of the Constitution — has added one more breach of promise to its growing list.
As I see it this gives Bush a perfect record. He's ten for ten when it comes to vandalzing the Bill of Rights. My one disappointment with the upcoming election is that it is likely to take place without Mr. Bush facing a trial for treason to the Constitution. And in the case of the Moron in Chief I could be easily persuaded to reconsider the death penalty -- at least that would give his body a chance to catch up with his brain.

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