Legal Commentary

Does the 9th Amendment Protect The Right To Bear Arms?

By Big Tent Democrat

Sandy Levinson raises this interesting issue:

One of the valuable points made in Saul Cornell's book on the Second Amendment is that self-defense was treated as a "common-law" right and not a "constitutional right" at the time of the Framing. So, as a matter of sheer historical accuracy, Scalia was probably wrong in suggesting that the Second Amendment had anything to do with safeguarding a right of self-defense. But, of course, there are other amendments to the Constitution, including the Ninth Amendment, which reminds us that there are rights beyond the ones enumerated in the first eight amendments.

. . . It is sad that supporters of gun rights are stuck with Scalia's opinion instead of one that truly engages with the materials of American constitutionial history and theory and provides a much more plausible backing for the decision.

Read the whole thing.

Full post as published by TalkLeft on June 27, 2008 (boomark / email).