Constitutional Law

Brady Campaign can't make up its mind

At the Huffington Post, Dennis Hennigan complains of an "insurrectionist view of the Second Amendment." He is appalled that the Solicitor General's brief in Heller argued that "an armed citizenry as a deterrent to abusive behavior by the federal government itself."

Yes, that does sound like what more than a few of the Framers -- including James Madison in Federalist 46 -- wrote. What's interesting is that the Heller dissent argues that the Second Amendment had nothing to do with a right of self defense, it was all concerned with enabling States to resist a Federal tyranny. So the Heller dissent itself took an insurrectionist view.

Full post as published by Of Arms and the Law on October 10, 2010 (boomark / email).