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On a Rare '08 Conservative Victory
Townhall.com ^ | November 23, 2008 | George Will

Posted on 11/23/2008 4:23:02 AM PST by Kaslin

Edited on 11/23/2008 7:14:51 AM PST by Admin Moderator. [history]

WASHINGTON -- Of conservatives' few victories this year, the most cherished came when the Supreme Court, in District of Columbia v. Heller, held for the first time that the Second Amendment protects an individual right to bear arms. Now, however, a distinguished conservative jurist argues that the court's ruling was mistaken and had the principal flaws of Roe v. Wade, the 1973 abortion ruling that conservatives execrate as judicial overreaching. Both rulings, says J. Harvie Wilkinson, suddenly recognized a judicially enforceable right grounded in "an ambiguous constitutional text."


(Excerpt) Read more at townhall.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Editorial
KEYWORDS: banglist; georgewill; heller; ruling

1 posted on 11/23/2008 4:23:04 AM PST by Kaslin
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To: Kaslin
"... In Heller, the court was at least dealing with a right the Constitution actually mentions."

You might have thoughtfully considered this in the very first paragraph, George, rather than making us wait until paragraph seven.

"... When rights are unambiguously enumerated, courts should protect them vigorously. But Wilkinson says that when a right's definition is debatable, generous judicial deference should be accorded to legislative judgments -- particularly those of the states, which should enjoy constitutional space to function as laboratories for testing policy variations."

Uh huh. Brilliant. Leave the legislative judgments on RKBA up to the states for experiment and debate while at the same time the anti-gun laws rain down on our heads from the Federal level like artillery fire. This is the opinion of some iconoclast Conservative judge from a lower court than the US Supreme Court that George Will thinks needs to be heard.

Seriously, why is George Will even considered a conservative anymore? What in the hell is he even 'Conservative' about, anyway? Baseball?

2 posted on 11/23/2008 5:20:42 AM PST by The KG9 Kid
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To: Kaslin

Sorry, this so-called “distinguished conservative jurist” is an idiot.

The “newfound” right existed BEFORE the constitution was drafted. The right to keep and bear arms is a fundamental, individual right of self defense. It isn’t actually enumerated in the constitution. The constitution merely acknowledges it’s existence and goes on to say that it SHALL NOT be infringed.


3 posted on 11/23/2008 5:21:12 AM PST by Castigar
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To: Kaslin
When rights are unambiguously enumerated, courts should protect them vigorously.

What is ambiguous about "shall not be infringed'?

But Wilkinson says that when a right's definition is debatable, generous judicial deference should be accorded to legislative judgments -- particularly those of the states, which should enjoy constitutional space to function as laboratories for testing policy variations.

Too bad those judges can't see the connection between draconian gun laws and crime.

4 posted on 11/23/2008 5:31:02 AM PST by CPOSharky (Coming up: Four years of Jimmuh Cartah on crack.)
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To: Kaslin
The Individual Right has an expiration date of January 2009. By that time, every conservative and Republican should own a handgun, shotgun, rifle and a membership to the NRA.
5 posted on 11/23/2008 5:55:57 AM PST by Shooter 2.5 (NRA - Vote against the dem party)
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To: Castigar; Travis McGee
Looks like J. Harvie has been sleeping with dogs for so long that now he has fleas. Very sad. How in blazes could any serious person trash the Court's rigorous and thoroughly grounded reasoning in Heller, [not to mention Judge Silberman's definitive, exhaustive and unanswerable opinion in the court below] by conflating it with Roe's totally baseless, specious flights into evil??? It is sad not only because J. Harvie was a superstar during his tenure at the UVA Law School, but also because his subsequent ascendancy to the federal circuit placed him high on the originalist short list for the high Court. No more.
6 posted on 11/23/2008 6:00:30 AM PST by Bedford Forrest (Roger, Contact, Judy, Out. Fox One. Splash one.<I>)
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To: Shooter 2.5

Years ago Will commented on a piece by Levinson entitled “The Embarassing Second Amendment”, which argued the individual right interpretation of the Second Amendment. Will wrote a column at the time, saying he was “braced” by Levinson’s argument, which had forced him to rethink the issue.

See also this piece before Heller:
http://www.azstarnet.com/sn/related/173944.php

With the horse he rode in on.


7 posted on 11/23/2008 6:12:09 AM PST by IGOTMINE (1911s FOREVER!)
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To: Kaslin

Someone needs to punch George Will in the nose and tell him it’s not polite to pee in the punchbowl.


8 posted on 11/23/2008 7:21:23 AM PST by sergeantdave (We are now in the Age of the Idiot)
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To: Kaslin
Also, the state of Tennessee went Republican as well as
Oklahoma.
9 posted on 11/23/2008 8:35:42 AM PST by upcountryhorseman (An old fashioned conservative)
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To: Kaslin

If they can link the Constitution to Conservatism, 52% of the American people will vote to eliminate it.


10 posted on 11/23/2008 10:22:52 AM PST by gundog (When the SHTF, it will not be evenly distributed.)
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To: CPOSharky
What is ambiguous about "shall not be infringed'?

Well, it doesn't specify by whom it shall not be infringed. /libtard logic

11 posted on 11/23/2008 10:26:12 AM PST by gundog (When the SHTF, it will not be evenly distributed.)
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To: gundog

By electing a Communist they already have.


12 posted on 11/23/2008 5:25:42 PM PST by B4Ranch (("In politics, nothing happens by accident. If it happens, you can bet it was planned that way." FDR)
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To: Kaslin

They never get it right.

The Second Amendment enumerates a pre-existing right to bear arms in defense of self and country.


13 posted on 11/23/2008 8:02:37 PM PST by wastedyears (Every FReeper is on Obama's Black List. He will try to have us all "taken care of." Mark my words)
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