"The Second Amendment Is Not Absolute ... I could go on. So I will."
We impose restrictions on all sorts of constitutional rights. The right to bear arms is no different.
"You’ve likely heard it from any number of sources. Perhaps it was from a presidential candidate, a lawmaker, your libertarian brother-in-law, or your Facebook frenemy. Whatever the source, you likely have been told that regulating guns in virtually any way violates the Second Amendment.
"I therefore offer today this quick constitutional refresher course: It does not.
"Constitutional rights are not absolute. They never have been and, practically, never can be. In our constitutional democracy, we have always recognized that we can, and must, have our constitutional cake and regulate it too."
--Sonja West, associate professor at the University of Georgia School of Law.
So where do you draw the line?
ReplyDeleteAnswering that question is what keeps constitutional lawyers busy. You can't yell "Fire!" in a crowded theater, despite what it says in the First Amendment. Most people cannot carry a gun onto an airplane, despite what it says in the Second. Some people can't possess guns at all. And some guns are banned (e.g. fully automatic weapons, except under unusual conditions). The relevant constitutional principle is called "strict scrutiny."
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