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USNews & World Report likes Emerson From: rbb@beauchampfirm.com Date sent: Sun, 21 Oct 2001 14:49:24 EDT Subject: USNEWS & World Likes Emerson case To: director@keepandbeararms.com (A positive article about the Emerson decision by Michael Barone of US News and World Report of all places. I wrote to him and corrected his idea that the decision was mostly dicta but I'm still surprised that this mainstream mag would be positive on 2nd Amendment. Here is the link: http://www.usnews.com/usnews/opinion/baroneweb/mb_011019.htm Here is the text of my letter to Mr. Barone: -author) Dear Mr. Barone: Thank your for your objective review in "A Decision of Historical Importance" on the recent Second Amendment ruling in U.S. v. Emerson. I do note that you conclude, like many others, that the bulk of the Emerson decision is "dicta" not binding on lower courts. The court's Second Amendment analysis most certainly is not dicta. The lone judge claiming the majority's Second Amendment analysis is dicta argues that it is possible to determine the scope of Second Amendment rights without first determining whether or not those rights exist. That conclusion requires either a mere guess as to the possible scope of Second Amendment rights, if they exist, or the assumption that no such rights exist. Because courts should not guess as to what constitutes impermissible infringements on Constitutional rights, the majority undertook precisely the required analysis and no more than the required Analysis. The court first analyzed whether individuals have Second Amendment rights. Only after concluding that they do is it possible to determine to what extent, if at all, the government may infringe upon them. One liberal judge cannot render the required analysis dicta by simply wishing it so. Robert Beauchamp The Beauchamp Firm 1301 Dove Street Suite 950 Newport Beach, California 92660 email: rbb@beauchampfirm.com Read Bob Beauchamp's analysis of Emerson To Get Your Letters Printed Here Click here and read submission guidelines.