Monthly Archives: September 2004

Today I learned that the drafters of the Federal Rules of Evidence, in their resounding wisdom, determined that: “You’re not likely to learn much by cross-examining a bird.” (Okay, admittedly there are a couple of analytical steps between that conclusion and the premise it’s based on, but damnit, it sounds funny).

We got into an interesting discussion in Con Law today about the recent litigation over whether the 2nd Amendment protects an individual’s right to bear “arms,” or if it rather applies only to people as a collective. Personally, I’m on the fence for this one. The Amendment was drafted and ratified at a time when this country was in its infancy, and among the host of fears and insecurities circulating throughout the time, invasion was probably the greatest fear of them all. Therefore, it stands to reason that the drafters would’ve intended to give individuals the right to bear arms because, well, a citizenry that freely wields guns is less likely to turn over when their country is invaded by foreign aggressors.

On the other hand, the Constitution’s brilliance stems from a built-in flexibility, to change and adjust with current social mores. We wouldn’t have had Roosevelt’s New Deal if not for a more progressive view of Congress’s power under the commerce clause that justified sweeping legislation that had historically been denied to Congress. On that note, it seems a little incomprehensible that, in our modern of (relative) reason and rationality, our country needs people to casually carry around guns to ward off the bad guys.

I don’t find arguments that citizens need guns to ward off tyranny or oppressive governments to be very convincing. The context in which this argument has been advanced has been in regards to the rise of fascist and militaristic regimes in Europe, where supposedly an armed populace could have easily prevented some of the atrocities of WWII. Does it strike anyone else as wild speculation to claim that giving guns to German Jews during WWII would’ve prevented the holocaust?

In any event, I’m torn. Although I’ve been leaning more left lately for various reasons, I think there is something to be said for a constitutional right for individuals to bear arms. I know, it’s insane. I’m just trying to keep an open mind.