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Bush Lawyers Target Gun Control's Legal Rationale
THE WALL STREET JOURNAL ^ | January 7, 2005 | JESS BRAVIN

Posted on 01/07/2005 9:56:54 AM PST by neverdem

Readying for a constitutional showdown over gun control, the Bush administration has issued a 109-page memorandum aiming to prove that the Second Amendment grants individuals nearly unrestricted access to firearms.

The memorandum, requested by Attorney General John Ashcroft, was completed in August but made public only last month, when the Justice Department's Office of Legal Counsel posted on its Web site several opinions1 setting forth positions on various legal issues. Reaching deep into English legal history and the practice of the British colonies prior to the American Revolution, the memorandum represents the administration's latest legal salvo to overturn judicial interpretations that have prevailed since the Supreme Court last spoke on the Second Amendment, in 1939. Although scholars long have noted the ambiguity of the 27-word amendment, courts generally have interpreted the right to "keep and bear arms" as applying not to individuals but rather to the "well-regulated militia" maintained by each state.

Reversing previous Justice Department policy, Mr. Ashcroft has declared that the Second Amendment confers a broad right of gun ownership, comparable with the First Amendment's grant of freedom of speech and religion. In November 2001, he sent federal prosecutors a memorandum endorsing a rare federal-court opinion, issued the previous month by the Fifth U.S. Circuit Court of Appeals in New Orleans, that found an individual has the right to gun ownership. President Bush adopted that view as well, saying that "the Constitution gives people a personal right to bear arms," and doesn't merely protect "the rights of state militias," in an interview published days before last year's election in National Rifle Association magazines.

The new Justice Department memorandum acknowledges that "the question of who possess the right secured by the Second Amendment remains open and unsettled in the courts and among scholars," but goes on to declare that...

(Excerpt) Read more at online.wsj.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Front Page News; Government; News/Current Events; Politics/Elections; US: California; US: District of Columbia; US: Louisiana; US: Texas; War on Terror
KEYWORDS: ashcroft; bang; banglist; doj; guncontrol; secondamendment
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http://www.usdoj.gov/olc/secondamendment2.htm
1 posted on 01/07/2005 9:56:55 AM PST by neverdem
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To: neverdem

Way to go, JOhn.


2 posted on 01/07/2005 9:58:20 AM PST by Beckwith (John, you said I was going to be the First Lady. As of now, you're on the couch.)
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To: neverdem

bump...


3 posted on 01/07/2005 9:59:32 AM PST by orionblamblam
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To: orionblamblam
the Second Amendment grants individuals nearly unrestricted access to firearms

Of course it does...the Bill of Rights (the 1st ten amendments) are for and by The People. So, they'd have you believe that that's true for all of them, EXCEPT THAT ONE?

These people are insane.

4 posted on 01/07/2005 10:02:10 AM PST by Puppage (You may disagree with what I have to say, but I shall defend to your death my right to say it.)
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To: neverdem

The Second Ammendment gives John Kerry the right to shoot geese


5 posted on 01/07/2005 10:02:37 AM PST by Military family member (Go Colts!)
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To: orionblamblam

btt


6 posted on 01/07/2005 10:03:15 AM PST by Sacajaweau (God Bless Our Troops!!)
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To: neverdem
remains open and unsettled in the courts and among scholars

But not among patriots...

7 posted on 01/07/2005 10:03:29 AM PST by Feckless
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To: Joe Brower

ping for bang list


8 posted on 01/07/2005 10:03:32 AM PST by beaureguard
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To: neverdem

Roll up the report and shove it up the Brady bunch of boneheads posterior breathing hole!!!!


9 posted on 01/07/2005 10:03:54 AM PST by HMFIC (US Marines, you yell, we shell.)
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To: Feckless
remains open and unsettled in the courts and among scholars

AKA SCUMABAGS and CHEESED!CKS!
10 posted on 01/07/2005 10:04:53 AM PST by HMFIC (US Marines, you yell, we shell.)
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To: Mo1; Miss Marple; Peach; MEG33; Txsleuth; onyx; ohioWfan; cyncooper; deport; anniegetyourgun

So much for the "Bush is dumping on gunowners" rants.


11 posted on 01/07/2005 10:05:04 AM PST by Howlin (I need my Denny Crane!)
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To: neverdem

"Although scholars long have noted the ambiguity of the 27-word amendment, courts generally have interpreted the right to "keep and bear arms" as applying not to individuals but rather to the "well-regulated militia" maintained by each state."

It as ambiguous as the meaning of the word "is".

And I don't believe the Courts have been unanimous in referring to this as a collective right and I believe that just recently a Federal Court Decision recognized it as an individual right.

The Constitution is quite clear when referring to individual rights, states' rights and the Federal Government's rights and the Second Amendment was clearly intended to be an individual right.


This is the fruit of "loose construction", giving a bunch of black-robed attorneys who are also political hacks the right to distort the obvious intent of the Founding Fathers.

I hope Bush and his attorneys and Ashcroft stick this through to the bitter end.


12 posted on 01/07/2005 10:05:17 AM PST by ZULU (Fear the government which fears your guns. God, guts, and guns made America great.)
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To: neverdem

This is a great example of the Constitution being perfectly clear but the courts wanting to have it their way. It could not be more obvious that the right applies to individuals, but unrestricted gun ownership is simply unacceptable to the modern ruling class (as it was to the English ruling class before them...)


13 posted on 01/07/2005 10:06:26 AM PST by gridlock (ELIMINATE PERVERSE INCENTIVES)
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To: Howlin

BUMP!


14 posted on 01/07/2005 10:07:11 AM PST by MEG33 (GOD BLESS OUR ARMED FORCES)
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To: Howlin

But but, Bush is liberal! How could his administration be doing this??????????????????????????

/s


15 posted on 01/07/2005 10:07:33 AM PST by cyncooper
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To: Howlin


They "should have" got that message
when he purposely let the so called
"assault weapons ban" expire.

But, noooooooooooooooooooo,
it's much more fun to bash Bush.


16 posted on 01/07/2005 10:08:15 AM PST by onyx (A BLESSED & MERRY CHRISTMAS TO ALL.)
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To: neverdem
...the Second Amendment grants individuals nearly unrestricted access to firearms.

There are no conditions for firearms ownership mentioned in the Second Amendment so I don't understand why the phrase "nearly unrestricted" was used in this statement.

17 posted on 01/07/2005 10:10:02 AM PST by SilentServiceCPOWife (A tagline! A tagline! My kingdom for a tagline!)
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To: Feckless

"remains open and unsettled in the courts and among scholars"


Even the (Liberal) Lawrence Tribe has come down on the individual right side of the debate in one of his books. He did get some hate mail from fellow Libs for that one!


18 posted on 01/07/2005 10:10:28 AM PST by need_a_screen_name
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To: neverdem

bump


19 posted on 01/07/2005 10:11:34 AM PST by satchmodog9 (Murder and weather are our only news)
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To: HMFIC
You've GOT to quit keeping your feelings bottled up ... go ahead ... tell us what you really think of them!
20 posted on 01/07/2005 10:12:30 AM PST by ArrogantBustard (Western Civilisation is Aborting, Buggering, and Contracepting itself out of existence.)
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