20 March 2008

Liberals Love A Living Constitution; But They Don't Like New 'Life' Breathed Into The Second Amendment

Balkinization has an interesting take on the Heller arguments:

"The framers of the 14th amendment assumed that it was one of the privileges or immunities of citizens of the United States. And if a right is a privilege or immunity of citizens of the United States, it hard for me to conclude that it does not bind the United States as well as the individual states. Now, as a unreconstructed liberal (I'll show you pictures of my bleeding heart), I don't particularly like this result. But it follows sufficiently strongly from other commitments I have about the Constitution that I must accept it."

Read Jack Balkin's commentary here on how lovers of the so-called "living Constitution" have been making fun of it this week.

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