chabouk wrote:Ashlar, I think you're mistaking "judged constitutional" with actually constitutional.
This is like declaring that O.J. isn't a murderer because he was found not guilty. While not guilty in the eyes of the law, and adjudicated as such, that doesn't make him innocent. Unconstitutional is unconstitutional no matter what a judge or judges have said.
Fair point, but riddle me this.. were you an average Joe in 1850'ish, do you think you'd still agree that KY's language about disallowing concealed carry is unconstitutional? A majority of Kentuckians didn't think so at the time.
Opinions, mores, what's an acceptable limit on a right
changes over time. Hanging horse thieves on the spot was legal and constitutional at one point, but would be against the law now as murder. Doling out 30 lashes for a wife-beater was legal in Delaware as late as 1935 (found one reference-
http://www.jstor.org/pss/2086309" onclick="window.open(this.href);return false;). Today that would be seen as a violation of the eighth amendment.
Whose interpretation of
actual constitutionality matters to you? The originalist approach? Heck, there were gun control laws on the books _before_ ratification of the constitution, as well as immediately after. If you're looking at modern times, a majority of americans want the laws surrounding gun ownership to stay the same (
http://www.cnn.com/2009/POLITICS/04/08/ ... trol.poll/" onclick="window.open(this.href);return false;). If you're looking for a philosophical spoon to bend around "What is constitutional?" then you're in good company with other philosophers who've been chasing the meaning of love, life, and liberty since we started writing on clay tablets.
Guilt or innocence are absolutes, once can't have both shot someone and
not shot someone. What's constitutional isn't so black and white, as history has demonstrated.