Brief of 31 states supporting HELLER, in D.C. v. Heller.

[jody]

BRIEF OF THE STATES . . . AS AMICI CURIAE IN SUPPORT OF RESPONDENT

SUMMARY OF THE ARGUMENT
Described by Justice Joseph Story as “the palladium of the liberties of the republic,” the right to keep and bear arms enjoys prominent placement at the outset of the Bill of Rights. Yet the central issue in this case is whether that constitutional provision retains any vitality whatsoever.

The District of Columbia’s position, as the court of appeals explained, is that “the Second Amendment is a dead letter.” Pet. App. 13a. That ahistorical contention—supported by modern-day advocates who disagree with the policy judgments embodied in that Amendment—runs contrary to both the text and the original understanding of our Constitution.

Because the Second Amendment’s text recognizes a “right,” not a “power,” and guarantees that right to “the people” and not “the States,” it necessarily secures an individual right to keep and bear arms. The First, Fourth, and Ninth Amendments likewise protect the “rights” of “the people,” and none dispute that those Amendments protect individual rights. The Tenth Amendment, in turn, expressly distinguishes between “the States” and “the people,” demonstrating that the Framers knew well the difference. And, this Court has made clear, “the people” is a term of art, with the same meaning throughout the Bill of Rights.

* * * * * * * * * * * *

An individual right that can be altogether abrogated is no right at all. Amici States are sovereign governmental bodies with strong interests in maintaining extant regulations barring, for example, convicted felons from possessing firearms. But none of the 31 amici States believes that its citizens’ constitutional rights should be effectively erased from the Bill of Rights. Because, under any standard, a total prohibition on the possession of firearms cannot be reconciled with the individual right to keep and bear arms, the court of appeals’s judgment should be affirmed.

A right that is natural, inherent, inalienable/unalienable cannot be abrogated.

[Tejas]

1. The DC ban just

looks more and more.......well.......STUPID as every brief is filed.

What were they thinking?

I mean, how on this green earth can Fenty look in a mirror much less stand on a corner and justify his "service" to his constituents?

[Lex1775]

2. What is the count up to now?

Last I checked the D.C .gov only had a handful of States (and Puerto Rico) backing it.

[L1A1Rocker]

3. You can get all the briefs here

www.dcguncase.com