Monday, June 28, 2010

On the Edge of My Seat

Two very important (to me) opinions are due to come out today from the Supreme Court bench.  They involve the two most important amendments to the Constitution:

First Amendment (freedom of association):  CLS v. Martinez -- (whether a public school can deny public funding to an organization solely because of its internal leadership requirements).  During argument, the Court seemed a bit perplexed as to why the case was before them (never a good sign).  My thoughts?  If a school provides funding to all organizations, it should not single out any organization just because that organization insists that its leaders subscribe to their beliefs.

Second Amendment (right to bear arms):  McDonald v. City of Chicago -- (whether the 2nd Amendment applies to the states).  The cynic in me believes this opinion will leave more questions unanswered than we think.  While I hope that the decision confirms that the Second Amendment applies to the states, I fear that the Court will not yet definitively settle what the right encompasses.  Right now, the Court seems to be stuck on the self-defense aspect, which, albeit important, is not the only reason to own or use firearms.

You see, I believe that the first two amendments are the most important.  Without those two, we would not have the others.  The First Amendment allows us to sound the alarm when the government gets too big for itself.  The Second Amendment reminds the government that it governs, not by right, but only with the consent of the governed.

We shall soon see.


Bob S. said...

You touched on something I've noticed - SCOTUS focusing on the self defense part of the right but the Right to Keep and Bear Arms isn't limited to just self defense.

Any thoughts on why they are doing this?

I've noticed they haven't focused on the sporting aspect -- nor the protection from tyranny to the degree I would have expected.

Of course, fear of legitimizing the right to defend yourself against a tyrannical government would have far reaching implications they might not want to bring up -- especially given the recent slew of presidents we've elected.

Did it MY way said...

My fingers are crossed to.

phlegmfatale said...

Thrilled with the firearms case outcome. :)

Lawyer said...

Did it MY way: It worked! Now we have to continue to ensure that our representatives follow the decision. Oh, and I'll be contacting you for your finger-crossing magic when the Miami Dolphins season begins in a few months.

phlegmfatale: I am just as thrilled too! There's still work to be done, but we are laying a good foundation.

Bob: You have been not-so-randomly selected to get a special answer. Actually, I started to write out an answer to your question but it got too long, so I made it its own post. It should be up shortly.

Thanks to all for stopping by!