In considering the Supreme Court's nullification of Louisiana's law that allows a death sentence for one convicted of raping a child, I asked, Shouldn't the question before the Court be, "Is there anything in the Constitution of the United States that prohibits the State of Louisiana from imposing this sentence?"

The Court's subsequent decision on the District of Columbia's ban on individual ownership of handguns addressed the issue in just that way:  Is there anything in the Constitution that prohibits the city from imposing such a law?  "Yes," they concluded— although the vote was shockingly close.  The Second Amendment confers a right to gun ownership that this law attempts to take away.  I applaud the decision, not because I like the idea of a gun in the hand of every irresponsible idiot, but because it was the right answer to the right question.  If our society has diverged so much from our origins that the "right of the people to keep and bear arms" is no longer tenable, we, the people of the United States, have the right and power to take it away via a new Constitutional amendment. The Court's job is to examine the law in light of the Constitution as it stands

I have not taken the time to read the entire, lengthy decision, but even a cursory glance shows how critical to sound decision-making is a good understanding of not only law, but also history, grammar, linguistics, and above all logic.
Posted by sursumcorda on Friday, June 27, 2008 at 9:06 am | Edit
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