July 01, 2010

Great minds

Reason's Jacob Sullum:

In their dissenting opinions, Justices John Paul Stevens and Stephen Breyer (joined by Ruth Bader Ginsburg and Sonia Sotomayor) worry that overturning gun control laws undermines democracy. If “the people” want to ban handguns, they say, “the people” should be allowed to implement that desire through their elected representatives.

What if the people want to ban books that offend them, establish an official church, or authorize police to conduct warrantless searches at will? Those options are also foreclosed by constitutional provisions that apply to the states by way of the 14th Amendment. The crucial difference between a pure democracy and a constitutional democracy like ours is that sometimes the majority does not decide.

Hube, yesterday:

I'm curious -- where in the Constitution is there the "right to be free from handgun violence"? Would the Inquirer ever opine something like "While the Supreme Court's conservative majority remains fixated on expanding the right of freedom of speech, millions of other Americans should be more worried about preserving their right to be free from racial and other hurtful epithets"?
Posted by Hube at July 1, 2010 10:52 AM | TrackBack

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