Wednesday, November 3, 2021

Supreme Court Hears Second Amendment Case

 

It appears,  from comments made during oral argument, that the conservative majority of the Supreme Court is poised to strike down New York's regulation of the right to carry concealed weapons outside the home. 
The court's originalist justices seem ready to apply their version of history without regard to the distinction between muzzle-loading guns, which were the weapons in use when the Second Amendment was adopted and the automatic, high-volume firearms of today. Imagine if the Constitution had another amendment, adopted in the 18th century, which provided that the right of the people to drive a conveyance, at that time a horse and buggy, may not be infringed. Would today's justices conclude that a state may not require a licensing test before permitting a citizen to operate a 400-horsepower car, an 18-wheel tractor-trailer or an interstate bus? 
If the Constitution cannot be interpreted in the light of radically changed circumstances it becomes a straitjacket rather than a protective shield.

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