On Track
Tuesday, February 9th, 2016Joe Joe Doakes from Como Park emails about an appeals court ruling of interest to Second Amendment supporters:
This article focuses on the important point: the battleground for Second Amendment rights is in the court-created rules, not the Constitution.
If firearms ownership is a constitutionally protected fundamental right, then any law infringing that right must pass “strict scrutiny” meaning the law must be narrowly tailored and the least restrictive means to further a compelling government interest. This is the same level of scrutiny given to restrictions on speech and religion and very few laws can meet that test. Which is as it should be – the whole POINT of constitutionally protected rights is to prevent the government from infringing on them.
The lower court applied “intermediate scrutiny” which is a lower standard: laws can infringe on rights if the law furthers an important government interest in some way that is substantially related to the government’s interest. This is the level of review given to sex discrimination laws: it’s easier to pass because the right being protected is not as important in the constitutional hierarchy.
The Court of Appeals got it right. Firearms belong with speech and religion on the top of the hierarchy of rights the Founders wanted to protect.
Yes, I know, the Court of Appeals is still applying the idiotic “home defense” notion instead of recognizing the Founders intent that the citizenry be as well-equipped as the government in order to resist tyranny; but that’s a battle yet to come.
Joe Doakes
But only if we keep the Supreme Court in rough balance.
Which is one reason why I will plug my nose and vote for Donald Trump if he’s nominated.













