Academic

JACOB SULLUM ON THE CONSTITUTIONAL HYPOCRISY OF SECOND AMENDMENT OPPONENTS: In their dissenting o?

By Glenn Reynolds

JACOB SULLUM ON THE CONSTITUTIONAL HYPOCRISY OF SECOND AMENDMENT OPPONENTS:

In their dissenting opinions, Justices John Paul Stevens and Stephen Breyer (joined by Ruth Bader Ginsburg and Sonia Sotomayor) worry that overturning gun control laws undermines democracy. If “the people” want to ban handguns, they say, “the people” should be allowed to implement that desire through their elected representatives.

What if the people want to ban books that offend them, establish an official church, or authorize police to conduct warrantless searches at will? Those options are also foreclosed by constitutional provisions that apply to the states by way of the 14th Amendment. The crucial difference between a pure democracy and a constitutional democracy like ours is that sometimes the majority does not decide.

Likewise, Stevens defends “state and local legislatures’ right to experiment,” while Breyer is loath to interfere with “the ability of States to reflect local preferences and conditions?both key virtues of federalism.” Coming from justices who think Congress can disregard state decisions about the medical use of marijuana because a plant on the windowsill of a cancer patient qualifies as interstate commerce, this sudden concern about federalism is hard to take seriously.

Read the whole thing.

Full post as published by Instapundit.com on July 01, 2010 (boomark / email).