Undue Burden standard for guns?

[Steven Jamar]

The same way Scalia is for judicial deference, against substantive due  
process, and states rights.

On Mar 3, 2010, at 7:48 AM, Eric Segall wrote:

> How can Scalia adopt an "undue burden" standard for the Second  
> Amendment after his rant in Casey about the standard? Because one is  
> "textual" and one is "not?" Not convincing . . . .
>
> Eric
>
>>>> Steven Jamar <stevenjamar at gmail.com> 03/03/10 6:31 AM >>>
> Undue burden seems to be what Scalia was pointing at in Heller -- like
> abortion cases.  That seems to be the most likely test in this area to
> me.  I expect the scope of the right itself to be circumscribed (no
> right to own operable cannons) and regulation of the right to be
> broadly permitted short of confiscation or bans or limits that render
> the erstwhile purposes of the right meaningless (but banning the right
> to own tanks or cannons, of course, does exactly that -- if a purpose
> is to avoid tyranny).
>
> While I think the appeal to and reading of history was very wrong and
> wrong-headed in Heller, I actually think the right should be an
> individual one and so the core substance was correctly decided.  Then
> it becomes a matter of degree, of what is allowed, and of the
> circumstances the Court will allow to be considered by the rule-makers
> in deciding what is undue burden.  What is undue in the north woods of
> Minnesota may be quite different from what is undue on the streets of
> Philadelphia.
>
> -- 
> Prof. Steven D. Jamar                     vox:  202-806-8017
> Associate Director, Institute of Intellectual Property and Social
> Justice http://iipsj.org
> Howard University School of Law           fax:  202-806-8567
> http://iipsj.com/SDJ/
>
> "I am in Birmingham because injustice is here. . . . Injustice
> anywhere is a threat to justice everywhere."
>
> Martin Luther King, Jr., (1963)
>
>
>
>
>

-- 
Prof. Steven D. Jamar                     vox:  202-806-8017
Associate Director, Institute of Intellectual Property and Social  
Justice http://iipsj.org
Howard University School of Law           fax:  202-806-8567
http://iipsj.com/SDJ/
Lay not up for yourselves treasures upon earth, where moth and rust  
doth corrupt, and where thieves break through and steal; but lay up  
for yourselves treasures in heaven, where neither moth nor rust doth  
corrupt, and where thieves do not break through nor steal. For where  
your treasure is, there will your heart be also.

Matthew 6:19-21



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