Glenn Reynolds on the Second Amendment and States Rights
In 1995, before he achieved renown as Instapundit, Glenn published this piece (Click here: THE SECOND AMENDMENT AND STATES' RIGHTS: A THOUGHT EXPERIMENT ) in the William and Mary Law Review to examine the Second Amendment from the states' rights (rather than from the individual rights) standpoint, and in the process is critical of casual Constitutional interpretation by talking heads.
He concludes the article:
The Constitution, and especially the Bill of Rights, is a package deal: It is all or nothing, and for each of us there are likely to be parts we dislike. Where such parts exist, the answer is either to live with them or to amend the Constitution, not to interpret pieces of it out of existence. There always will be a market for those who feel otherwise just as there always will be a market for "miracle" diets that purport to let people eat all they want and not exercise. But the Constitution, unlike the diet industry or the mass media, is not founded on giving the people what they want. We forget that at our peril, and as the mass-marketing of the states' right interpretation of the Second (p.1768)Amendment demonstrates, we appear perilously close to forgetting it now.
I think the right to bear arms is, or should be, an individual right, but the "thought experiment" was an interesting way to approach the issue of states' rights, and reveals Glenn to be a disciplined thinker.
