Posted by
YourAverageJoe on Wednesday, October 07, 2009 3:54:52 PM
The Supreme Court of the United States will be deciding the case of the Chicago gun ban during this session and the implications of their decision could reach far beyond the issue of gun ownership.The entire Bill of Rights could come into question.In Heller vs. D.C. the court ruled that gun ownership is an individual right,but there are those on the court that believe that gun ownership is ultimately a states rights issue and that state and local governments may,at their own discretion,choose to restrict or even deny one's second amendment rights. Now, I'm no constitutional scholar,I'm just a regular Joe who, like 300 million other Americans,thought that the Bill of Rights applied to all Americans regardless of their address.Chicago or Cincinatti,Denver or Dallas,St. Louis or Seattle.James Madison,considered to be the father of the Constitution and author of the Second Amendment,in an obvious effort to ensure that the right to keep and bear arms would never be denied, added the phrase "Shall not be infringed" to the amendment.That simple phrase appears no where else in the Bill of Rights,illustrating the importance placed upon the amendment,yet the Second Amendment,more than any other,is under constant attack.So much so that I believe there are people who would argue with Madison himself over the intent of his very own words.Now, for the scary part...
If the Supreme Court decides that the Second Amendment only applies to federal jurisdictions,and not to the individual states,then what about the rest of the Bill of Rights? If Chicago can choose to deny your Second Amendment rights,then what about your rights under the First Amendment,or the third,or the fourth? Can your state or city elect to deny your right to free speech? How about freedom of the presses? Can they toss the Fourth Amendment,which protects us from unreasonable search and seizure ,out the window? And what about that pesky Eighth Amendment that guarantees our right to a speedy trial by jury? By now your eyes may be glazing over as you think to yourself "This guy is just another crack pot,that will never happen here!" Oh yeah,why not? If the Supreme Court decides in favor of Chicago,thereby giving that city the go-ahead to deny any of our constitutional rights,then why not all of them? What is it about the Second Amendment that makes it so different,so special,that the highest court in the land will now be faced with the task of deciding if it can be denied at the whim of any local government that chooses to do so? If our constitutionally protected rights apply to all equally,then can they be denied equally as well? That is what the court will have to decide.