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Posted on 06.29.08 by Mary Lou Seymour
“One aspect of the Heller majority opinion that has not yet attracted the attention of commentariat, but may be greatly important of the long run, is the presence of natural law. Heller reaffirms a point made in the 1876 Cruikshank case. The right to arms (unlike, say, the right to grand jury indictment) is not a right which is granted by the Constitution. It is a pre-existing natural right which is recognized and protected by the Constitution …. Heller moves self-defense from the shadowy limbo of the Ninth Amendment into the bright uplands of the Second Amendment. It is now beyond dispute, in an American court, that self-defense is an inherent right, and that it is protected by the United States Constitution.” (06/27/08) Link: http://tinyurl.com/4cw3x9 Filed under: 2AM Commentary and RRND Commentary | Report Bad Link Bookmark this post in Furl or Del.icio.us | |






