Thirty two amicus briefs in McDonald v. Chicago have been filed so far, and they are all available at the Chicago Gun Case website, run by the Second Amendment Foundation (which is one of the parties in McDonald). My brief is also available on SSRN. The next brief (Chicago’s) is not due until Dec. 30, […]
Archive | Congress
Health bill and gun ownership
Today’s Washington Examiner has an article about the concerns that Gun Owners of America has raised about the health care bill which is currently on the Senate floor. I am quoted therein, and I think that GOA has a good point. The Examiner article concludes with a contrary quote: “It is very clear they are […]
Congressional brief in McDonald v. Chicago
By David Kopel on November 23, 2009 3:26 pm in Congress, Constitutional History, Fourteenth Amendment, Guns
Available here. Joined by 58 Senators (including 19 Democrats) and 251 U.S. Representatives (including 78 Democrats, although my count here may not be exact). Counsel of Record is former Solicitor General Paul D. Clement. Much of the brief recapitulates the lengthy historical record of congressional action (including but not limited to Reconstruction) to protect the […]
Academics for the Second Amendment brief in McDonald
By David Kopel on November 23, 2009 2:52 pm in Congress, Constitutional History, Fourteenth Amendment, Guns, Press
Available here. Co-authored by Joseph Olson (Hamline), David Hardy, and Clayton Cramer. Key point: From 1789 to 1860, popular and legal understanding of the Second Amendment became much less militia-centric. Well before Reconstruction, the Second Amendment was considered to be mainly a guarantee of a right to own and carry guns for personal protection. Back […]
Bloggers: 10% unemployment would be disaster for Dems in 2010. Split on whether Cap/Trade will pass
In last week’s National Journal of political bloggers, one question asked: “If unemployment remains at roughly the current level, what impact will that have on the 2010 midterm elections?” One hundred percent of the Right, and 89 percent of the Left bloggers thought it would hurt Democrats, and most thought it would hurt them a […]
”When GM Took Federal Dollars, They Lost Some of Their Autonomy”
Does government interference inevitably follow government ownership of private companies? It sure seems that way. As a WSJ article reports: “Companies in hock to Washington now have the equivalent of 535 new board members — 100 U.S. senators and 435 House members.” Specifically, the story reports on efforts by various lawmakers to inflence the business […]
Bloggers agree: Congress ethics weak; public option likely. Disagree on nukes in cap/trade, and on 2d stimulus
Last week’s National Journal poll of political bloggers asked Left/Right bloggers “Are [Democratic/Republican] leaders doing enough to police congressional ethics enforcement in their ranks?” On the Left, 56% said the Democrats were not doing enough, and 60% of the Right said Republicans were not doing enough. I was among the “no” votes for Republicans, writing […]
Huge win for Knife Rights
An e-mail from KnifeRights.com reports that the “Senate has passed the conference report for the fiscal year 2010 Homeland Security Appropriations Bill with our amendment to the Federal Switchblade Act intact.” The bill now goes to President Obama for his expected signature. The bill makes technical changes in the definitions of the Federal Switchblade Act. In […]
Treasury Inc.: Is the Government a Controlling Shareholder?
In my last post I opened a discussion about my new paper, Treasury Inc.: How the Bailout Reshapes Corporate Theory and Practice, which you can download here. My thesis is that corporate law and theory goes haywire when the government, while enjoying sovereign immunity protection from corporate and securities law, takes control of a company […]
Deborah Pearlstein Responds to Ben Wittes on Detention
By Kenneth Anderson on October 3, 2009 9:17 am in Congress, Counter-Terrorism Policy, International Law, Supreme Court
Deborah Pearlstein has an important response to Ben Wittes’s Washington Post op-ed on the Obama administration and detention policy, cross posted at Opinio Juris and Balkinization. I continue to hold Ben’s views on this, but Deborah offers an incisive next move in the debate and it is important reading for those following this crucial topic.