More

Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors
Dennis A. Henigan

Dennis A. Henigan

Posted: March 1, 2010 05:05 PM

The Most Dangerous Right

What's Your Reaction:

Tomorrow the Supreme Court hears oral argument in McDonald v. City of Chicago, its second landmark Second Amendment case in two years. The issue in McDonald is whether the new right to possess guns in the home for self-defense applies to states and localities through the Fourteenth Amendment.

In an article for today's National Law Journal, I argue that even if the Supreme Court decides in favor of incorporation, and strikes down Chicago's handgun ban, the Court should reaffirm the broad power of states and local governments to enact strict gun regulations because the Second Amendment is "the most dangerous right."

The article can be found at the National Law Journal.

For more information, see Dennis Henigan's new book, Lethal Logic: Exploding the Myths that Paralyze American Gun Policy.

 
 
 
  • Comments
  • 20
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Recency  | 
Popularity
12:13 AM on 04/01/2010
Quick question there, Dennis....

Since you have already identified "the most dangerous Right", can you do a follow up and identify the "least dangerous Right" and then inform the proles what protects that Right?

Your rapid response is always appreciated.
12:04 AM on 04/01/2010
After 29 years of a losing strategy, I offer some sound advice to regain some momentum to the Brady Bunch.

Try calling the NRA a paper tiger for the 17th time and see if that BS sticks...this time.

Face it guys, you have been reduced to an org that attacks individual businesses for deferring to state law.

That is the very definition of irrelevance being served up on a platter.

it hurts because it's true, huh?
07:18 AM on 03/05/2010
"The most Dangerous Right"
That's pretty frightening!! (though not surprising) the Brady Bunch clearly admits there are dangers in our US Constitution. Does that also mean they feel that our other "rights" poise and have some what a of a lesser danger because they feel the 2A is the "most"
That Sounds like something derivative from the 10 Planks of Karl Marx's Communist Manifesto against capitalism. What a scary group they are to this country and our FUNDEMENTAL rights.
10:48 PM on 03/02/2010
"Although the Heller right is to possess a gun in the home for self-defense, there is, unfortunately, no way to guarantee that guns will be used only for that salutary purpose. "

Equally, just because Chicago bans handguns and the carrying of any type of firearm doesn't guarantee people are not carrying firearms in those locals.

Chi-town crime stats bear that out readily.
03:24 PM on 03/02/2010
Full transcript available:

http://www.supremecourtus.gov/oral_arguments/argument_transcripts/08-1521.pdf

So Dennis, how do you think you did? Be frank.
12:25 PM on 03/02/2010
Hey Dennis, have you learned what the 2A actually says yet?

http://www.youtube.com/watch?v=o1cYzATHcqA
02:01 PM on 03/02/2010
apparently not, Paulie Helmke has the same problem
02:52 PM on 03/02/2010
It's kind of funny he thinks he's in a position to judge the 2A when he doesn't even know enough about it to state it correctly.
08:02 AM on 03/02/2010
And the Chicago hand gun ban was working so well...
This user has chosen to opt out of the Badges program
photo
molonlabe
I rarely go full Wookie but own a whole suit.
09:33 AM on 03/02/2010
Yep. 500 murders /yr and 60% of IL's total homicides is proof positive that they're on the right track.
11:17 AM on 03/02/2010
and besides, the 2nd amendment doesn't mean what Dennis thinks it means
This user has chosen to opt out of the Badges program
12:31 AM on 03/02/2010
"The issue in McDonald is whether the new right to possess guns in the home for self-defense applies to states and localities through the Fourteenth Amendment."

It isn't a "new" right, Dennis. It's over 300 years old in this country. It's denial to citizens of Chicago and Wash DC was and is unconstitutional.
HitnMyths
Too large a life for a micro bio
12:00 AM on 03/02/2010
Oh, guns. The only Constitutionally protected machines. Must see TV- Homer Simpson turning the TV on w/ his gun once he sees the 2nd Amendment light.
08:07 AM on 03/02/2010
Read the First Amendment again, particularly that part about "the press." The fact that "the press" has become a synecdoche for media organizations makes some forget that in 1789, it had a literal meaning---the printing press.

The Supreme Court has also ruled that even printer's ink is protected by the First Amendment, not just presses, because ink is necessary to the exercise of the right; precedent is Minneapolis Star & Tribune Co. v. Minnesota Commissioner of Revenue, 1983.
09:07 PM on 03/01/2010
This article (and most others) overlooks the fact of the case. The state has laws and gun registration.

The issue here is whether there is a difference between a shotgun and a pistol. Wait! I forgot shotguns don't work on people!!

P
12:26 AM on 03/02/2010
That's already been determined. The Heller case ruled that handgun bans DO violate the second amendment.

The only question left is does the 2A apply to the states as well as the federal government. That's what the McDonald case will resolve.
photo
Elk Hunter 1
Organic=Profit
07:42 PM on 03/01/2010
Way more people are affected every day by what is said and shown on tv than people with guns.

The first ammendment is the most dangerous. Just ast the libs about how much damage is done by Rush, Beck, Hannity, Palin, or anyone else who is saying something different than they are.
05:40 PM on 03/01/2010
It should be noted that this article was teamed w/ one by Saul Cornell who argues that gun bans are OK as long as they ban them from everyone and not just specific demographics like African Americans.

Here's Dennis "I forgot the People" debating the lawyer in the case Alan Gura:

Did you see the video of Dennis and Gura on Fox? Dennis admitted they were going to lose and are just hoping to maintain some type of gun laws.

http://video.foxnews.com/v/4057573/high-court-to-hear-gun-rights-case/?playlist_id=87249#
This user has chosen to opt out of the Badges program
photo
mackbolan
Libertas inaestimabilis res est
07:26 PM on 03/01/2010
you got here first....