Thursday, June 26, 2008

A Tale Of 2 Constitutional Rights

US ConstitutionThe rumor is that the Supreme Court will be releasing their decision on DC v. Heller sometime this morning. You might or might not be aware of the issue under that name but it is the case argued in front of the court in March that seeks to determine the Constitutionality of Washington D.C.'s handgun ban.

What has peaked my interest in this would be seeing the reaction if for whatever reason the Supreme Court overturns the Appellate Court's decision that the D.C. ban was Unconstitutional. What would make it interesting is how close that decision would be in relation to another Constitutional debate currently going on in regards to FISA reform, which could also be decided today. If all those stars align just right, we would then be able to gage what I believe would be the totally night and day difference between losing 2 of our Constitutional rights.

Often lost in the FISA debate is the fact that passage of that bill will result in our losing part of our 4th Amendment rights by allowing the government to perform warrantless surveillance all under the guise of keeping us safe and to date almost no-one seems to care. Now compare that reaction to the reaction anytime someone tries to control how we as a nation are allowed to own firearms and you see what I am talking about.

I have no idea on which side the Supreme Court will come down on though I suspect the current interpretation 2nd Amendment will win out but it would certainly be an excellent case study on us as a nation if it didn't. Either way I am still amazed how we are now much more willing than ever to give up certain rights as a result of the times we now must live in. On at least that front, I think the terrorist's have won.

UPDATE 9:35AM CST - As I thought, the court ruled 5-4 that the ban was unconstitutional so while we won't be able to compare the outrage, the patting on the back going on over upholding our percieved right to bear arms gives us an insight as to what would have been the response if it had gone the other way. Which happens to be the complete opposite of what is happening with FISA where for the most part we can hear a pin drop...

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