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Lincoln Letter

Volume 14
Number 3
May-June
2010
Lincoln
Review

                   
Letter®

Editor’s Comment

Supreme Court Says Gun Rights are for Individuals;
Justice Clarence Thomas Provides a Lesson in Black
History and the Right of Self-Defense

In 2008, in the case of D.C. v. Heller, the U.S. Supreme Court ruled that the right to bear arms set out in the Second Amendment really did apply to individuals and not just to the “well regulated militia” in the sentence that ends by saying “the right of the people to keep and bear arms, shall not be infringed.” Now, almost exactly two years later, the court has ruled, in McDonald v. Chicago, that the right must be acknowledged by state and local governments and not only by the federal government.

Heller ruled that the Second Amendment should be construed as a personal right to keep and bear arms for lawful purposes, most notably for self-defense within the home. It struck down a handgun ban in Washington, D.C. as unconstitutional. But because the capital is under federal law, the ruling did not resolve the status of similar bans elsewhere.

In the last case, Otis McDonald and his fellow plaintiffs wanted to keep handguns for protection but were prohibited from doing so by ordinances in Chicago. The court has now ruled that under the “due process” clause of the 14th amendment, the right to bear arms cannot be infringed by either the states or the federal government.

Alan Gottlieb, vice-president of the Second Amendment Foundation, said that as a result of McDonald “the right of the individual citizen to have a gun is constitutionally protected in every corner of the United States.”

In his written opinion supporting the right to bear arms, Justice Clarence Thomas reflected upon black history and the essential right to self-defense.

                     INSIDE STORIES

 Despite Recession, Crime Drops................2
 Early Conservative Leader.........................4
 South Carolina.............................................6
 New Challenges...........................................7
 Skepticism of Government Growing...........9
 New Golden Age Emerging.......................10
 President Obama’s Mark..........................12
 M.L. King and J.E. Hoover.......................13

 
Justice Thomas noted that, “It was the ‘duty’ of white citizen ‘patrols to search negro houses and other suspected places for firearms.’ If they found any firearms, the patrols were to take the offending slave or free black ‘to the nearest justice of the peace’ whereupon he would be ‘severely punished.’” Never again, Thomas says.

          (continued on page 2*)


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