Sunday, January 27, 2008

D.C. v. Heller, Part II

As SCOTUS boldly moves into the controversial arena of 2nd Amendment interpretation, some believe that this could be the beginning of a Constitutional revolution...

Lyle Denniston at SCOTUSblog says:

It is a far more ambitious project than may be widely recognized. If it ultimately were to succeed, Congress’ power to spend under the General Welfare Clause would be severely curtailed, economic populism — freedom, especially, for small merchants from pesky government rules — would have a new birth, the bundle of ownership rights in property would expand markedly, the power at all levels of government to intervene to advance progressive social causes would be shrunken considerably — just as a few examples.
Sounds good to me!

A commenter added these interesting remarks...
Philosophical shifts in legal jurisprudence have always come at the tail end of the electoral shift that produced the justices who formulated the doctrinal change. There is a political realignment in America every forty years or so....The Reagan Revolution is almost 30 years old. The views of Roberts, Alito, and Scalia, are representative of their political icon: Reagan and to a lesser degree Bush. But the Reagan era is over or soon will be. Whether that is good or bad is irrelevant. The laws of political cycles are immutable. There is nothing that anyone can do about it. Five years from now, the Roberts court will most likely produce conservative opinions that a loose majority believes conflicts with their values and does not reflect the way America should be governed.

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