Tag Archives: Supreme Court of the United States

Constitutional originalism for the unbuff

Scalia Suggests ‘Hand-Held Rocket Launchers’ Are Protected Under Second Amendment | ThinkProgress.

Can you guess why Scalia suggests hand-held rocket launchers are protected under the Second Amendment?  Because you can “bear” them.  That is, you can, theoretically, lift them onto your shoulder.  So for this reason, “it does not apply to cannons.”  I swear this is not The Onion.  Seriously, folks, if we’re going for originalism, we can’t stop with the bright line between hand-held rocket launchers and cannons.  Clearly your Second Amendment rights, per Scalia, are calibrated to the amount of weight you can bench press.  Clearly this guy’s

http://www.theworldsstrongestman.com/uncategorized/wsm-experience-finland-results/

constitutional rights are greater than mine, given that I’m not sure I could heft a Saturday Night Special.  But this, too, is flawed as originalism goes because at the time the Second Amendment was drafted, wasn’t the average body size smaller?  Shouldn’t we all be limited to the weapons that the average late 18th Century constitution-drafter could heft?  And if “bear” means only what it meant in 1781, how can freedom of the “press” apply to the internet?