Saturday, February 16, 2008

The Associated Press: Obama Supports Individual Gun Rights

The Associated Press: Obama Supports Individual Gun Rights: "The senator, a former constitutional law instructor, said some scholars argue the Second Amendment to the Constitution guarantees gun ownerships only to militias, but he believes it grants individual gun rights. 'I think there is an individual right to bear arms, but it's subject to commonsense regulation' like background checks, he said during a news conference."
POLS 354: So Obama's position seems similar to the Bush administration's: the 2nd Amendment is an individual liberty, not a collective right that means states can have armed National Guard units. But what is "commonsense regulation? Does he mean the rational basis test? At what point does strict scrutiny become involved, if ever? Do complete bans on firearms constitute commonsense regulation?

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