Constitutional Law

Thought on Solicitor General's position

From Pres. Bush's 2004 Platform:

"Republicans and President Bush strongly support an individual right to own guns, which is explicitly protected by the Constitution's Second Amendment."
.......
"We believe the 2nd Amendment and all the rights guaranteed by it should enable law-abiding citizens throughout the country to own firearms in their homes for self-defense...We oppose federal licensing of lawabiding gun owners & national gun registration as a violation of the 2nd Amendment and an invasion of privacy of honest citizens."

The SG's position may be consistent with the first sentence, but it's hard to see how it's consistent with the remainder. The core issue in Heller is ... owning firearms in the home for self-defense. If even a handgun ban is a difficult issue under the SG's legal position (hence requiring remand for gathering evidence), it's hard to see why licensing and registration would qualify as clear 2nd Amendment violations, as the Platform states.

In short, when it really comes down to the wire, the Administration turns its back on the Platform with which it won election.
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Full post as published by Of Arms and the Law on March 03, 2008 (boomark / email).