in, of all places, the New York Times.
There used to be an almost complete scholarly and judicial consensus that the Second Amendment protects only a collective right of the states to maintain militias. That consensus no longer exists — thanks largely to the work over the last 20 years of several leading liberal law professors, who have come to embrace the view that the Second Amendment protects an individual right to own guns.
Considering it was 'liberal' politicians and law professors who gave us the 'collective right' crap, it only seems fair that some of them realize the truth and speak about it.
I've always been amazed at how, in a document specifically noting individual rights, the rights of free people, that these people could argue with a straight face that the 2nd was only a 'collective' right.
The earlier consensus, the law professors said in interviews, reflected received wisdom and political preferences rather than a serious consideration of the amendment’s text, history and place in the structure of the Constitution. “The standard liberal position,” Professor Levinson said, “is that the Second Amendment is basically just read out of the Constitution.”
But(of course), those 'individual' rights people don't really believe it:Scholars who agree with gun opponents and support the collective rights view say the professors on the other side may have been motivated more by a desire to be provocative than by simple intellectual honesty.
Just like if you don't agree with the 'concensus truth' on globular wormering you're either a Gaia-hating troglodyte or just trying to cause problems. 'Course, though, this is coming from people who on one hand say a criminal caught in the act has more legal protections than you do, but on the 2nd say things like this:
“The Second Amendment doesn’t guarantee the right to have firearms at all,” Mr. Burger said in a speech. In a 1991 interview, Mr. Burger called the individual rights view “one of the greatest pieces of fraud — I repeat the word ‘fraud’ — on the American public by special interest groups that I have ever seen in my lifetime.”
Take careful note of that last; it came from a former Chief Justice of SCOTUS. Considering we've had idiots like this on that Court, it's amazine there's anything left of the Constitution at all other than their approved form of the 'living document'.
And I just love this:
“It’s truly a life-or-death question for us,” she said. “It’s not theoretical. We all remember very well when D.C. had the highest murder rate in the country, and we won’t go back there.” Uh, you might take a moment to consider that one factor in that still horrible crime rate is that idiots like you disarmed honest people.
Found over at Instapundit.
Two pieces noting that it wasn't 'liberal professors' who did all the work on this subject. Not even close. At Volokh and Balkin.