Correcting the record

Apropos of the post immediately below is this entry at Reason magazine’s “Hit & Run”:

Gun Nuts Like Lawrence Tribe
Jacob Sullum
May 7, 2007


This short piece is worth checking since you will undoubtedly hear that the majority in Heller had to resort to judicial activism. They ignored the Constitution in order to implement their political preferences. This fabrication is important to Liberals because they will point to Heller as evidence originalist Justices are hypocrites. It will be used to justify the activism of the “living Constitution” cadre. It is a lie.

In Heller, the majority simply corrected the historical revisionism of the activists. As pointed out yesterday, if they’d been activist they’d have incorporated the 2nd Amendment into the 14th.

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