Will Justice Scalia Support An Assault Weapons Ban?

It might seem weird to even ask the question, but Justice Scalia recently made headlines by claiming that women are not protected under the 14th Amendment because the Congress of 1868 would not have considered them included in “all persons”.

Since the first weapon which could be considered an assault rifle was invented 127 years after the 2nd Amendment was ratified in 1791, the Congress of the time (the Founding Congress) could not have considered them.

It follows by Scalia’s own reasoning the 2nd Amendment does not apply to assault rifles, or even percussion cap rifles.

I’ve never thought of Justice Scalia as the most intellectually consistent Supreme Court Justice, but after this week’s events I find myself wishing a bit.


~ by B.T. Murtagh on January 11, 2011.

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