Wednesday, March 03, 2010

THE FORREST FOR THE TREES . . .

Yesterday, I wrote about the  “Roberts” Court overturning a century of jurisprudence to allow the country to be put up for sale, while refusing to do the same thing when it came to Chicago’s gun laws by refusing to reverse the Slaughterhouse cases. Sometimes, in our haste to see the “right” thing done, though, we overlook the outcome of the “Law of Unintended Consequences.” I was guilty of that.

On further reflection, I urge the Court to overturn Chicago’s gun law, solely on the basis of the Due Process clause of the Constitution  To invoke the “Privileges and Immunities” clause would be to open the door to the proverbial “slippery slope” that could seriously compromise our system of Federalism; one of the cornerstones of our system of checks and balances. While the good might initially outweigh the bad, there is no guarantee it would remain so.

My apologies to the Court on this one, especially since they haven’t yet handed down a decision. I erroneously based my own opinion upon other observers’ opinions of the justices’ attitudes, which themselves, were based solely upon the questions asked.

It won’t happen again.

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