Washington, DC (TLS). As they say, politics often makes for strange bedfellows. Who would have thought that liberal law professors in some of the top law schools in America would now be supporting gun rights?
For years the prevailing wisdom at Harvard, Yale, Princeton, and other bastions of legal liberalism was that the 2nd Amendment to the U.S. Constitution only preserves a 'collective right' rather than an individual right. In other words, many legal scholars maintained that gun rights refers only to society as a whole in maintaining a militia rather than protecting an individual's right to own a firearm.
Apparently a few significant members of the leftwing intelligentsia have seen the light and taken note of the entirely illogical basis of that position within the context of the Bill of Rights, which specifically protects individual rights.
Professor Lawrence H. Tribe of Harvard, who for years held that the Second Amendment pertained only to a collective right, stated that his earlier views on the subject were shaped by consensus and political preference rather than a serious consideration of the amendment's text, history, and place in the structure of the Constitution.
By considering these key, crucial components of understanding the intent of the Constitution, Tribe states that he came to embrace the Second Amendment as an individual right.
'My conclusion came as something of a surprise to me, and an unwelcome surprise,' said Tribe. 'I have always supported as a matter of policy very comprehensive gun control.'
How could a group of men so thoroughly revered be so thoroughly wrong?
The key to understanding the transformation is in Tribe's own words. Earlier in his career, taking a serious look at the text itself, the history of the text, and its place in the construction of the Constitution, was not considered important. The only two issues of utmost importance were consensus of legal opinion in the present, and one's own political bias.
In that one sentence alone, Tribe has shot to bits the contention on the part of many liberal law professors at some of the nation's top schools that they do, in fact, consider original intent as the most significant component of Constitutional interpretation.
Obviously, someone is lying.
Tribe has openly admitted to the fact that his NEGLIGENCE in considering the text itself, its history, and its place in the construction of the Constitution is the thing that led to his earlier conclusion that gun rights do not apply to individuals. Only when he seriously considered original intent did he come to the conclusion that he had been very wrong, and that the Second Amendment protects an individual's right to own a gun.
Of course, those of us who have studied Constitutional law for years knew all along that Liberal law professors discount original intent. This is the ONLY explanation for their blatant disregard for the words of the Founders on the subject of firearms, and for their propagation of an interpretation of the Second Amendment that was so totally foreign to the mindset and convictions of the men who penned those words.
Professor Tribe, and others like him, are to be heartily commended for having the courage and integrity to admit the errors of their youth and to publicly embrace the fact that the Second Amendment refers to individual rights just as surely as does the First Amendment.
Monday, May 07, 2007
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