Posted by James K on February 17, 2006, at 14:41:59
In reply to Re: Gun Control » James K, posted by Dinah on February 17, 2006, at 14:28:38
Current supreme court and superior court decisions have tended to favor a form of partial literalism to the question of "bearing arms" and "militas" that they don't always favor on other constitutional issues. So I was speaking I think more of the constitution as a living body, changing as the interpreters change. And I don't think our current crop of interpreters would be willing to go that direction.
We have allowed individual states to make their own laws, but once those laws go "too far" whatever that standard may be at any given time. We use the interstate commerce law or equal protection to bring things back in line.
I love the constitution and constitutional law, but as I get further away from my years at the law firm, my access to reading material has faded and my understanding grows further and further from expert.