View Full Version : Cato Institute - Properly Extending the Right to Keep and Bear Arms to the States

12-21-2009, 9:13 AM
An Interesting article (http://www.cato-at-liberty.org/2009/12/21/properly-extending-the-right-to-keep-and-bear-arms-to-the-states/) out today from the Cato Institute that outlines five possible ways that SCOTUS could go in McDonald. Their favorite of the five:

"Originalist/Libertarian" — Reverse the lower court, overturn Slaughter-House and the three aforementioned cases, extend the right to keep and bear arms to the states (which is technically distinct from "incorporating" the Second Amendment), and strike down Chicago’s gun ban. This is Cato’s position – as well as that of the liberal Constitutional Accountability Center on behalf of eight leading constitutional law professors from across the political spectrum – and there will be one and may be up to all nine of the justices here: Justice Thomas has long said that he’d like to revisit Slaughter-House in the appropriate case, and he surely led the push to grant a cert petition whose question presented called for briefing about the Privileges or Immunities Clause; any of the others who seriously grapple with the arguments in Alan Gura’s brilliant petitioners’ brief (and those of his amici, us included) will also have to go this way despite their various political qualms.

How cool would it be to see SCOTUS pitch a 9-to-nothing shutout on that one? :cool:

12-21-2009, 10:00 AM
How cool would it be to see SCOTUS pitch a 9-to-nothing shutout on that one? :cool:
Thank you for posting that. While I often have disagreements with Cato I think they are right on this - #5 is the correct outcome. A 9-0 or even 7-2 overturning of Slaughter House would lock the Bill of Rights in stone forever and send a loud and clear message. I'd love to be a fly on the wall while the justices discuss the case and their decisions.

I also suspect that a 9-0 or even 6-3 decision in favor of overturning Slaughter House will embolden the 5 conservatives to look for a case to that will allow them to overturn the case law that neutered the 10th Amendment back in the '30s.

12-21-2009, 10:37 AM
Not being familiar with Cato, I can not comment on the weight that their opinion carries, but glad to hear it nevertheless, and agree wholeheartedly.

It is inconceivable to me how anyone with an ounce of common sense can argue that the BoR does not apply to all Americans. When I explained to my wife and friends this disparity of rights between the Fed and State, they were quite surprised. The most common response was, "That's stupid." That is my litmus test.. that tells me that most people do not know that our rights are being systematically chipped away from under us by our own government. It does not occur to the avg person until a right that is near and dear to them is infringed upon, and by then it is often too late. The SCOTUS needs to send a clear message that the tipping point has been reached and a 9-0 shutout on Independence Day 2010 would be huge for us. Not only as bearers of arms, but as regular Americans who happen to like the rights that their country promised them just a few years ago.

I wise man once said the following, and this carries some weight with me:

"There is a 99% chance that the Second Amendment will apply to California on July 4, 2010."

-Gene Hoffman