Saturday, February 27, 2010

Supreme Court Considers Unconstitutional Chicago Gun Ban

It’s nice to see a momentum toward more liberty.

But many conservative and legal scholars — as well as the Chicago challengers — want the court to employ another part of the 14th amendment, forbidding a state to make or enforce any law “which shall abridge the privileges or immunities of citizens of the United States.”

They argue this clause was intended as a broad guarantee of the civil rights of the former slaves, but that a Supreme Court decision in 1873 effectively blocked its use.

Breathing new life into the “privileges or immunities” clause might allow for new arguments to shore up other rights, including abortion and property rights, these scholars say.

This approach might enable challenges to arcane state laws that limit economic competition, said Clark M. Neily III of the public interest law firm Institute for Justice. He pointed to a Louisiana law that protects existing florists by requiring a license before someone can arrange or sell flowers. The licensing exam is graded by florists, he noted.

“No reasonable person thinks that law has a legitimate purpose,” Neily said. But he said, “Right now, once you get a law like this on the books, it’s almost impossible to get rid of.”

(5) Comments
Posted by Owen at 1355 hrs
Law

  1. This is really great news for freedom lovers everywhere!  I never thought I see the day but two liberls companies, a rag called the San Jose Mercury News and Starbucks are pro-gun!

    Here’s the link:

    http://www.mercurynews.com/news/ci_14343847

    Posted by .(JavaScript must be enabled to view this email address) on February 27, 2010 at 1527 hrs


  2. Careful, I read that freedom lovers aren’t mature over at capper’s blog.

    Blogger krshorewood said…
    When you read the throwing around of the word freedom you are dealing with someone not working from a platform of maturity.

    Posted by .(JavaScript must be enabled to view this email address) on February 27, 2010 at 1741 hrs


  3. At least one co-equal branch of our government appears to be interested in preserving the freedoms guaranteed us by the Constitution.

    Posted by .(JavaScript must be enabled to view this email address) on February 28, 2010 at 1055 hrs


  4. The two reasons we should thank GWB even in the face of his profligate spending….

    Justices Roberts and Alito

    Posted by .(JavaScript must be enabled to view this email address) on February 28, 2010 at 1159 hrs


  5. It’s such an effective law too - look how much Chicago’s crime rate has gone down with it….  Oh wait.

    Posted by .(JavaScript must be enabled to view this email address) on March 01, 2010 at 0751 hrs


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