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 Monday, Oct. 20, the 293rd day of 2014. There are 72 days left in the year.

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1889 -- 125 years ago: Michael Malloy was named president of the Tri-City Stone Cutters Union.
1914 -- 100 years ago: Dewitte C. Poole, former Moline newspaperman serving as vice consul general for the United States government in Paris, declared in a letter to friends that the once gay Paris is a city of sadness and desolation.
1939 -- 75 years ago: Plans for the construction of an $80,000 wholesale bakery at 2011 4th Ave. were announced by Harry and Nick Coin, of Rock Island. It is to be known as the Banquet Bakery.
1964 -- 50 years ago: An application has been filed for a state permit to organize a savings and loan association in Moline, it was announced. The applicants are Ben Butterworth, A.B. Lundahl, C. Richard Evans, John Harris, George Crampton and William Getz, all of Moline, Charles Roberts, Rock Island, and Charles Johnson, of Hampton.
1989 -- 25 years ago: Indian summer is quickly disappearing as temperatures slide into the 40s and 50s this week. Last week, highs were in the 80s.


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