Following the rules
Posted by aogFriday, 14 November 2003 at 09:45 TrackBack Ping URL

I expect some apocalyptic reponses from the Left on the homemade automatic weapons ruling. Of course, the essence of the decision is primarily procedural, that the federal can’t use the Commerce Clause to ban objects not used in commerce. The issue is primarily one of making the federal government follow its own rules. There is a good sized segment of the Left that thinks this is a good idea except when it causes results they don’t like.

I will use the ACLU as the archetype of this faction. The ACLU advocates a very rigid interpretation of the rules and procedures by the government in its action. For instance, the Miranda rules and other rules of evidence in criminal cases. Their position is that one can’t achieve good ends through corrupt means (something I actually agree with). Yet I expect the ACLU to go ballistic over this ruling, even though the same basic principle applies. Even if one believes that the ban is a good end, that’s not sufficient to justify achieving through bad means. Yet I expect to see the ACLU, which insists that every police officer dot every i and cross every t, even if this means some criminals will go free, to support the idea that it is ok for Congress to be able to ban possession of automatic weapons on any pretext, however slim. It should be an interesting show.