“We know of no other enumerated constitutional right whose core protection has been subjected to a freestanding ‘interest-balancing’ approach. The very enumeration of the right takes out of the hands of government -- even the Third Branch of Government -- the power to decide on a case-by-case basis whether the right is really worth insisting upon. A constitutional guarantee subject to future judges’ assessments of its usefulness is no constitutional guarantee at all. Constitutional rights are enshrined with the scope they were understood to have when the people adopted them, whether or not future legislatures or (yes) even future judges think that scope too broad... Undoubtedly some think that the Second Amendment is outmoded. That is perhaps debatable, but what is not debatable is that it is not the role of this Court to pronounce the Second Amendment extinct.” | by: | Justice Antonin Scalia
(1936-2016) American jurist, Associate Justice of the Supreme Court of the United States |
Source: | District of Columbia v. Heller, June 26, 2008, striking down D.C.'s gun ban as unconstitutional |
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