February 12, 2003
Eldred's Impact on Second Amendment Analysis
It just hit me relevant the Supreme Court decision on Eldred was to the Second Amendment. If "To promote the Progress of Science and useful Arts" preambulatory statement has no impact on the power granted to Congress, then "A well regulated Militia being necessary to the security of a free State" has no bearing on, "the right of the people to keep and bear Arms shall not be infringed."
Granted however that the the Supreme Court did not grant certiorari upon the preambulatory question directly which means this is a less conclusive argument.
Update: Michael Dorf seems to agree with my reading.
Posted by hoffmang | February 12, 2003 12:33 PM
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