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
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