Gays but Not Guns; Exposing Sunstein's Strange Constitutional Analysis

The Washington Times (Washington, DC), September 10, 2009 | Go to article overview

Gays but Not Guns; Exposing Sunstein's Strange Constitutional Analysis


Byline: THE WASHINGTON TIMES

The Senate took further moves last night toward the expected confirmation of Harvard Law School professor Cass R. Sunstein to head the White House Office of Information and Regulatory Affairs. This is a key but little-known position that sets governmentwide standards for bureaucratic rule-making. The senators ought to slow down.

Mr. Sunstein persuaded Sen. Saxby Chambliss, Georgia Republican, to remove his hold on the nomination by assuring the senator, I strongly believe that the Second Amendment creates an individual right to possess and use guns for purposes of both hunting and self-defense. The nominee's record shows how far afield he has wandered from those assurances.

In a videotape of a 2007 lecture at the University of Chicago, Mr. Sunstein makes statements that are breathtaking in their willful misreading of the U.S. Constitution and American history. Regarding the traditional understanding that gun ownership is an individual right, rather than a collective one tied to organized militias, he said the theory merely purports to be an effort to recover the original understanding, but it has much more in common with the gay rights movement in constitutional law than it does with Madisonianism. …

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