For much of this nation’s history, people convicted (and often merely charged) with crimes were denied rights afforded “people” under the Constitution. To a surprisingly large extent in retrospect, this was uncontroversial and mostly taken for granted. Obviously, commit a felony, go to prison, lose your rights. Lose your right to vote. Lose your right to live near a school. Lose your right to engage in licensed occupations. Lose your right to move freely without notifying the police. Lose your right to possess a gun.
With regard to the right to keep and bear arms, the question of what was meant by Scalia’s unprincipled and unjustified errant paragraph in Heller has been a source of consternation. To add insult to injury, the Court’s latest effort to reduce the Second Amendment to untenable incoherence, Bruen, where the scope of the right to keep and bear arms would not be premised on a discernable principle, but on “history and tradition,” a standard which makes the “reasonable person” standard seem informative. Continue reading →