Monday, February 23, 2026

Scalia's fallacious reasoning

I could write a very long book to show that District of Columbia v. Heller, 554 U.S. 570 (2008) is nonsense, but that's superfluous since Scalia does it himself with this piece of gibberish which shows he has no idea of what he is talking about. In fact, I would say a statement this ignorant shows he was unqualified for the position he held: 

Undoubtedly some think that the Second Amendment is outmoded in a society where our standing army is the pride of our Nation, where well-trained police forces provide personal security, and where gun violence is a serious problem. That is perhaps debatable, but what is not debatable is that it is not the role of this Court to pronounce the Second Amendment extinct. 

Unfortunately for Scalia, this precursor to the Second Amendment from the Virginia Bill of Rights of 1776 provides a good idea of what the founders' mindset happened to be:

13. That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defence of a free state; that standing armies, in time of peace, should be avoided, as dangerous to liberty; and that, in all cases, the military should be under strict subordination to, and governed by, the civil power.

And like all the previous US supreme court decisions on the Second Amendment, it contradicts the Heller and subsequent decisions. Those two paragraphs show that the Heller decision is bumpf in an elegant manner. 

The issue of standing armies was a very hot topic in the 17th and 18th centuries, where as personal arms were not.

Fortunately, Donald Trump is proving another point I have been making about Heller, and that is that its invalidating of Marbury v. Madison, 5 U.S. 137 (1803), demonstrates that "judicial review" is unconstitutional and can pretty much be ignored.

I made a quip about Scalia writing a decision which permits the persecution of catholics. He didn't do that since he never lived long enough to write that decision. 

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