Judge Richard A. Posner of the U.S. Court of Appeals for the Seventh Circuit (Chicago and surrounding areas), is one of my favorite jurists for his acumen and refined writing skill. He reviews the D.C. Gun Case (District of Columbia v. Heller) in the August 27, 2008 issue of The New Republic.
This ten-paged essay is brilliant exposition, whatever your viewpoint regarding the right to keep a loaded revolver at home.
Here’s the theme: “Loose construction” is only for minor adjustments. Factors calling for such adjustment may include guns being different now from what they were at the inception of our Bill of Rights; or the fact that views on gun ownership vary widely based upon “cultural diversity, local preference and social experimentation.” One rule does not fit all. In a different dimension, the adjustment issue may be viewed as a loosening or tightening of executive and legislative regulatory authority.