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Thread: Kmiec v. Kmiec regarding Heller:
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January 6th, 2009, 11:19 PM #1
Kmiec v. Kmiec regarding Heller:
Posted by David Kopel:
Kmiec v. Kmiec regarding Heller:
http://volokh.com/archives/archive_2...ml#1231289178*
** Douglas Kmiec has sharply criticized the majority opinion in District
** of Columbia v. Heller. E.g., [1]Slate, July 8, 2008 (majority opinion
** amounts to unjust rule by judicial fiat); [2]Tidings, July 11, 2008
** (Heller majority misconstrued the Second Amendment, had no basis in
** "Constitutional text, history, and precedent", and also violated the
** "long-standing teaching of the American Catholic bishops".) See also
** [3]Slate, March 17, 2008 (Second Amendment's anti-tyranny purpose is
** obsolete, and the Court should not create a new purpose for the
** Amendment).
** Contrast the viewpoint in these articles with that of an amicus brief
** filed in support of Heller, and in opposition to the District of
** Columbia:
**** Amici believe that the Amendment secures to individuals a personal
**** right to keep and bear arms and that the decision below correctly
**** interpreted and applied the Amendment in this case....If the Second
**** Amendment does secure an individual right, then this case lies
**** within its very core. For if that right means anything, it surely
**** protects the right of a law-abiding citizen to keep an ordinary
**** handgun in his own home for self defense. The District of
**** Columbia's laws prohibit this, and so are to that extent
**** unconstitutional.
** That amicus brief was the filed by "Former Senior Officials of the
** Department of Justice in Support of Respondent." The Appendix provides
** a list of "Amici Curiae in Support of Respondent." The amici list
** states: "Douglas W. Kmiec served as Assistant Attorney General for the
** Office of Legal Counsel from 1988 to 1989."
** It seems odd for a legal scholar to reverse his view of a major
** constitutional issue so completely and so vehemently in a such a short
** period of time, especially without an expalanation of how he came to
** the conclusion that his former view was so utterly mistaken--or
** without even an acknowledgement that he recently held his former view
** so firmly that he urged the Supreme Court to adopt it.
References
** 1. http://www.slate.com/blogs/blogs/con...enhanced.aspx*
** 2. http://www.the-tidings.com/2008/071108/kmiec.htm*
** 3. http://www.slate.com/blogs/blogs/con...lescence.aspx*Of every one hundred men in battle, ten should not even be there. Eighty, are nothing but targets. Nine are the real fighters, we are lucky to have them since they make the battle. Ah, but the one—one is the Warrior—and he brings the others home. —Heracletus
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