Re: discussion: is gun registration unconstitutional?

[Joseph E. Olson]

*********************************************************************** Professor Joseph Olson     Hamline University School of Law tel.   (651) 523-2142          St. Paul, Minnesota  55104-1284 fax.  (651) 523-2236          <[EMAIL PROTECTED]>>>> [EMAIL PROTECTED] 10/27/03 11:44AM >>> >>>>>  It represents the reluctance of the least democratic branch of government, the judicial, to set itself above the most democratic branch, the legislative.    *  *  * I don't picture the Founders turning  in their graves over this, at least not all of them.  <<<<< Then what of this? "...the triple danger that so alaemed Madison in 1787: first, that the abuse of legislative power was more omninous that arbitrary acts of the executive; second, that the true problem of rights was ... to defend ... individuals against ... popular majorities acting through government; ***. Rakove, Original Meanings, page 290. Or this?  "'It is very practiable however to enumerate the essential exceptions. The Constitution may expressly restrain [legislators] from medling [with individual freedoms]... .'  what distinguishes [Madison's words] is the explicit recognition that it is against the legislature that such prohibitions must now be made.   * * *  [Madison] now concluded that the people themselves, acting through  their representatives, were the chief danger." Id at 313. And In his speech introducing the amendments, Madison "reminded his colleagues...that a declaration of rights needed to be aimed against the legislature... ."   Id at 334.   See also, Levy, Origins of the Bill of Rights, page 35.