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USAToday poll
Rather ineptly worded: "Does the Second Amendment give individuals the right to bear arms?"
With 18,000 votes in, it's running 98% yes, 1% no.
Rather reinforces a point Gene Volokh makes in my documentary. He notes he doesn't believe in this "living constitution" approach, but if he did.... The right to arms has become more and more individual and broad in the eyes of Congress (which 4-5 has passed bill invoking it), in the eyes of the States (which have adopted increasingly individual and broad constitutional guarantees of it, with no State going the other way) and the people (as reflected in surveys). So if the Constitution can change as opinion does, then the right to arms has become stronger, not weaker. Unless you assess this change only through the eyes of, say, judges, or the editorial board of the NY Times -- which, Prof. Volokh notes, is surely an impermissible form of "living Constitution."
Comments
Good. Everybody knows the SCOTUS and their clerks read the papers.
Posted by: Letalis Maximus, Esq. at December 1, 2007 03:02 PM
Thanks for posting this poll.
I voted--for freedom!
Posted by: Tarn Helm at December 1, 2007 03:44 PM
Sadly, though, the way the question was worded perpetuates the popular myth that the Constitution grants rights.
Posted by: John Hardin at December 2, 2007 11:47 AM
Now it's at 99%, over 22,000 votes.
Posted by: Stan at December 2, 2007 09:12 PM