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Convictions: Slate's blog on legal issues
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So what exactly is the scope of the "gun right" discovered by Justice Scalia in Heller? And why aren't the John McCain and Barack Obama unlikely to say much about it? Has Justice Scalia become a natural law originalist? Be patient, the Justices will instruct us in these matters of liberty or is that a denial of liberty, itself? Read More...
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C'mon, Orin, you don't give us enough credit with your non-Volokh post . There are plenty of truck-ownin', tobacco-usin', gun-shootin' folks here at Slate . Admittedly, we're a bit of a discrete and insular minority within the Slate family, but I don't Read More...
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"Wrong, All Wrong," said Edmund Randolph about the handiwork of John Marshall in Marbury, but "no man in the country knows why or wherefore." The originalist mistake of Heller is much more patent, and it is sad to think that a method of interpretation so well advocated by Justice Scalia should be wounded by his own hand. Read More...
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David , you ask whether Obama or Clinton will reply to McCain's attack on those beloved bugaboos, activist judges, and, if so, what they should say. I agree, Doug , that throwing the "activist" insult back at Alito and Roberts, as Howard Dean did, is Read More...
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I think Judge Gertner's right -- there are some things which flatly shouldn't be a federal case. I'm reminded here of the so-called "felon in possession" cases I saw while working as an extern in the U.S. Attorney's Office in Los Angeles. Under federal Read More...
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David, your point about home rule is well taken, but even in cities with broad home rule, local authority is often quite limited. Two examples from the city that knows how (but still can’t, as it happens). California cities have very broad home-rule powers—among Read More...
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Without natural law in the backdrop, the Second Amendment does not guarantee a right of individual self-defense. If the Court is on the verge of saying otherwise, is it prepared to revive natural law? If not, get thee to the legislature. Read More...
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Marty , I wasn't making an argument about constitutional interpretation but about constitutional theory. In other words, not "what is the right outcome of the Heller case?", but "would we want to put gun rights in the Constitution if we were to start Read More...
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The effect of declaring some activity as being protected by a constitutional right is to remove it from democratic politics. If the activity is expressing dissatisfaction with the government, then the people, acting through their government, cannot suppress Read More...
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Is the Roberts Court about law or politics? The DC gun case gives the Justices a unique opportunity to try out an internal procedure that might silence those who insist that Supreme Court judgment consists of little more than 4 conservatives arrayed against 4 liberals moderated by Justice Kennedy's perspective du jour. Read More...
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Dahlia and Akhil Amar just posted great pieces in Slate about D.C. v. Heller , the guns case to be argued on Tuesday at the Supreme Court. As lots of commentators have already said, this case is irresistible because the court will be writing on a practically Read More...
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