of government." The Federalist. 21 Europe had a long history, with which the Framers were familiar, of efforts by ambitious monarchs to strengthen their political position by achieving monopolies of the instruments of force; standing armies and gun control laws were used to this end. Private rights make sense only as a form of protection against the government itself or against dangers from which the government fails to secure the individual. 4 One commentator has suggested the following explanation for the tendency of certain influential elites to disfavor individual freedom in the economic arena; his suggestion, mutatis mutandis, may apply with equal force to the disfavor among intellectuals of the private ownership of firearms: Many observers. While judicial misuse of the doctrine of the less restrictive alternative can result in undue interference with the decisions of elected representatives, such misuse has not been considered inevitable. Vague allusions to the "imperfections of the market" are not an adequate substitute for reasoned analysis when discussing the market for firearms any more than they are when discussing the marketplace of ideas. If this hypothesis were to some degree accurate, one would expect to see the law become less restrictive where it impinges on the intellectual class's interests. The Supreme Court, moreover, inscrutably denies all petitions for certiorari.(p.104). Most provisions of the Bill of Rights are phrased in relatively broad terms, and the first ten amendments together were clearly meant to protect the principal personal liberties that are essential in a free society.
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Certainly the existence of what is truth philosophy essay a protected individual interest in the means to self-preservation follows at least as reasonably from the text and history of the Constitution as do the general rights to privacy and self-expression that underlie much of the Supreme Court's modern jurisprudence. Miller, 12 the Supreme Court reviewed a federal trial court's decision to dismiss an indictment under the Act on the ground that the prohibition violated the Second Amendment. Furthermore, the insurance market could effectively account for many indirect indicia of irresponsibility that would be problematic if addressed by government regulation. 5 (arguing that the Sandanista government's creation of a large, armed militia in Nicaragua disproves the contention that that government has reason to worry about a popular uprising). 52 Gun control laws can be justified only insofar as they reduce (p.125 1) the incidence of premeditated crimes, (2) the injuries that occur during so-called crimes of passion, 53 or (3) the number of accidental injuries attributable to firearms. The third group comprises people who are without settled criminal designs, but who are prone to carelessness or fits of temper that result in unplanned injuries to innocent persons.
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Robert Bork; Judge of the United States Court of Appeals for the District of Columbia Circuit; In office February 9, 1982 February 5, 1988: This article is part of a series.
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