Letter: Read Constitution, then Supreme Court decisions


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Posted Online: Jan. 03, 2013, 3:16 pm
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To the letter, "Constitution brilliantly written; now read it," I must respond that reading it is not enough.

In 1803 Chief Justice John Marshall in Marbury v. Madison declared that the U.S. Constitution says exactly what the U.S. Supreme Court says it says. Every court since has agreed.

In the decision of the 2008 case District of Columbia v. Heller, the major decision was that the district could not place certain requirements on gun owners such as requiring a trigger lock. The decision delighted the right and the gun lobby but the total ruling was really quite liberal.

In the final decision, Justice Antonin Scalia stated that the phrase stressed in the letter, "A well regulated militia," is merely prefatory and adds no value to the Second amendment. I cannot think of another example of the court stating that any other phrase in the Constitution ought to be just ignored.

Additionally, Justice Scalia invented a new Second Amendment constitutional right, the right of self-defense. A right to self-defense is not mentioned anywhere in the U.S. Constitution and therefore ought to be left to the states or the people as the constitution stipulates.

It is indeed a good start to read the U.S. Constitution, but you cannot stop there. You must know what the Supreme Court says it says.

James Tucker,
Riverdale

















 



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  Today is Tuesday, July 29, the 210th day of 2014. There are 155 days left in the year.

1864 -- 150 years ago: Col. H.F. Sickless informs us that there will be new organization of troops in this state under the call for more men.
1889 -- 125 years ago: James Normoyle arrived home after graduating from West Point with honors in the class of 1889. He was to report to Fort Brady, Mich., as second lieutenant in the 23rd Infantry.
1914 -- 100 years ago: Austria Hungary declared war on Serbia. Germany and Austria refused an invitation of Sir Edward Grey to join Great Britain at a mediation conference.
1939 -- 75 years ago: Dr. William Mayo, the last of the three famous Mayo brother surgeons, died at the age of 78.
1964 -- 50 years ago: One of the biggest horse shows of the season was held yesterday at Hillandale Arena on Knoxville Road under the sponsorship of the Illowa Horsemen's Club.
1989 -- 25 years ago: Davenport is like a gigantic carnival this weekend with the Bix Arts Fest taking over 12 square blocks of the downtown area. A festive atmosphere prevailed Friday as thousands of people turned out to sample what the Arts Fest has to offer.








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