[117180] in Cypherpunks
Re: IP: ..Tribe's new views on 2nd amend
daemon@ATHENA.MIT.EDU (Mac Norton)
Fri Aug 27 22:22:02 1999
Date: Fri, 27 Aug 1999 20:57:39 -0500 (CDT)
From: Mac Norton <mnorton@cavern.uark.edu>
To: Robert Hettinga <rah@shipwright.com>
cc: cypherpunks@cyberpass.net
In-Reply-To: <v04210105b3eca1ad509a@[204.167.100.192]>
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Oh come now. Mr. Tribe is a constitutional scholar of some
considerable fame; but he is also a practicing lawyer, on
behalf of some of the world's larget corporations, and for
that reason we must take what he says with a grain of salt.
He took the money, he paid for it in reputation.
Spoken, btw, as a practicing lawyer and part-time scholar.
I recognize that my scholarship has that hurdle to overcome,
and I reckon Prof. Tribe does too.
MacN
On Fri, 27 Aug 1999, Robert Hettinga wrote:
>
> --- begin forwarded text
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> From: MikePiet@aol.com
> Date: Fri, 27 Aug 1999 14:17:11 EDT
> Subject: IP: ..Tribe's new views on 2nd amend
> To: undisclosed-recipients:;
> Sender: owner-ignition-point@precision-d.com
> Reply-To: MikePiet@aol.com
>
> ..From USA Today Mike P
>
>
>
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> 08/27/99- Updated 12:34 AM ET
>
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>
> Scholar's shift in thinking angers liberals
> By Tony Mauro, USA TODAY
>
> Publication of the first volume of a revised edition of a legal treatise
> would not ordinarily make news.
>
> But even before it began arriving at law schools last week, Laurence Tribe's
> American Constitutional Law was causing a stir.
>
> Tribe, a Harvard law professor who is probably the most influential living
> American constitutional scholar, says he has already gotten hate mail about
> his new interpretation of the right to bear arms contained in the Second
> Amendment.
>
> Relegated to a footnote in the first edition of the book in 1978, the right
> to bear arms earns Tribe's respect in the latest version.
>
> Tribe, well-known as a liberal scholar, concludes that the right to bear arms
> was conceived as an important political right that should not be dismissed as
> "wholly irrelevant." Rather, Tribe thinks the Second Amendment assures that
> "the federal government may not disarm individual citizens without some
> unusually strong justification."
>
> Tribe posits that it includes an individual right, "admittedly of uncertain
> scope," to "possess and use firearms in the defense of themselves and their
> homes."
>
> None of Tribe's new thinking changes his view that gun-control measures are
> "plainly constitutional," but his shift has been enough to anger gun-control
> advocates.
>
> "I've gotten an avalanche of angry mail from apparent liberals who said, 'How
> could you?'" Tribe says. "But as someone who takes the Constitution
> seriously, I thought I had a responsibility to see what the Second Amendment
> says, and how it fits."
>
> Tribe's views on the Constitution are of more than passing importance.
>
> Earlier editions of Tribe's treatise have been quoted more than 50 times in
> Supreme Court opinions - by liberal and conservative justices - and by the
> top courts of India, Germany, Russia and Canada, among others.
>
> The new edition also deals with the law on impeachment developed from
> President Clinton's trial, as well as the Supreme Court trend cutting back on
> congressional power.
>
> "He has an audience well beyond law students," says Drake University law
> professor Tom Baker, who assigns Tribe's book to students. "For Larry Tribe
> to say that there's more to the Second Amendment than originally thought is
> very important, and reflects an open-mindedness that some don't expect."
>
> Glenn Harlan Reynolds of the University of Tennessee adds: "He legitimizes
> this whole new body of scholarship, and it will force judges and others to
> face the issue on its merits."
>
> At the usually conservative law school at Pepperdine University, professor
> Douglas Kmiec recommends the book to "the very best students." On the Second
> Amendment, Kmiec says, Tribe's book offers "a fair and evenhanded appraisal
> of what is still an inconclusive right."
>
>
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> --- end forwarded text
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> -----------------
> Robert A. Hettinga <mailto: rah@ibuc.com>
> The Internet Bearer Underwriting Corporation <http://www.ibuc.com/>
> 44 Farquhar Street, Boston, MA 02131 USA
> "... however it may deserve respect for its usefulness and antiquity,
> [predicting the end of the world] has not been found agreeable to
> experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire'
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