[Cialug] Telecom Immunity

[Colin Burnett]

On Thu, Jul 10, 2008 at 10:15 PM, Todd Walton <tdwalton at gmail.com> wrote:
> On Wed, Jul 9, 1788 at 11:19 PM, Alexander Hamilton wrote:
>> I go further, and affirm that bills of rights, in the sense and in
>> the extent in which they are contended for, are not only unnecessary
>> in the proposed constitution, but would even be dangerous. They would
>> contain various exceptions to powers which are not granted; and on
>> this very account, would afford a colorable pretext to claim more than
>> were granted.

Clever quoting.

> I'm not sure about this.  Without the Bill of Rights, politicians
> might have found it easier throw it all out that much sooner.  Do you
> think the Supreme Court could have affirmed a citizen's right to bear
> arms last month if there wasn't an amendment supporting it?  Anti-gun
> sentiment is so strong that we'd have been disarmed ages ago if not
> for that amendment.

Read Henderson's dissenting opinion in the court of appeals.  He
strictly interprets the word "militia" to be militia of the states and
since DC is not a state then the 2nd amendment doesn't apply.
Henderson is clearly interpreting the presence of the 2nd amendment to
deny the right of citizens to bear arms (something not, otherwise,
mentioned).  James Madison is rolling in his grave because Henderson
apparently doesn't know about the ninth amendment that was
specifically put in the bill of rights to stave off people like
Henderson.

The supreme court upheld the 2nd amendment because its there.  I'd all
but guarantee that if the 2nd amendment weren't there this issue would
have been hashed out....oh 200 years ago.


Colin