Thursday, October 27, 2005
The Second Amendment and the Living Constitution: at Volokh, read the whole thing.
The federal statute that preempts various lawsuits against gun manufacturers — passed last week — begins with two interesting items denominated Congressional "findings":
(a) Findings- Congress finds the following:
(1) The Second Amendment to the United States Constitution provides that the right of the people to keep and bear arms shall not be infringed.
(2) The Second Amendment to the United States Constitution protects the rights of individuals, including those who are not members of a militia or engaged in military service or training, to keep and bear arms.
So maybe there's a new federal right, preemption under this statute?
The federal statute that preempts various lawsuits against gun manufacturers — passed last week — begins with two interesting items denominated Congressional "findings":
(a) Findings- Congress finds the following:
(1) The Second Amendment to the United States Constitution provides that the right of the people to keep and bear arms shall not be infringed.
(2) The Second Amendment to the United States Constitution protects the rights of individuals, including those who are not members of a militia or engaged in military service or training, to keep and bear arms.
So maybe there's a new federal right, preemption under this statute?
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