A question for Antonin Scalia

by Brian Keaney

Official portrait of Supreme Court Justice Ant...
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On my nightstand I have a copy of Fortune magazine with a rather lengthy interview with Chief Justice of the United States John Roberts.  I haven’t gotten around to reading it yet because I’ve been reading a collection of poems by Henry Wadsworth Longellow.  I’ve never been a fan of poetry, but I enjoy these enough that I at least want to complete the section on The Seaside and the Fireside (more the former than the latter) before I move on.

I did read the much publicized interview with Justice Antonin Scalia in California Lawyer magazine, though.  In it he said the 14th Amendment does not cover women or gays, as a class, because that’s not what the framers or ratifiers of the amendment had in mind when they proposed and passed it.  Personally I think that the word “all” in “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States” is pretty clear, but then again I don’t sit on the court.

I can see his logic, however, and I don’t think the rest of his answer got the attention it deserved, as so often happens.  That aside, I’d like to pose a question to him.  When the framers of the bill of rights were drawing up the 2nd Amendment, they wanted to ensure you could have a musket in your house.  They had no concept of handguns, shotguns, or automatic weapons.

Would the good justice then support as Constitutional a ban on every type of gun developed after 1791?  I doubt it.

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