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Mike hopes to see the world turned upside down through local communities banding together for social change, especially churches which have recognized the radical calling to be good news to the poor, to set free the prisoners and oppressed, and to become the social embodiment of the reign of God on earth as it is in heaven. He lives with the blessed memory of his wife, in Durham, NC, and has three adult children living in three different states. He also shares his life with the Mt. Level Missionary Baptist Church in Durham, the faculty and students of Shaw University Divinity School in Raleigh, NC, and the faithful fans of Duke and Baylor Basketball in his neighborhood.

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Thursday, June 26, 2008

Scalia's Judicial Activism

Scalia's Judicial Activism

For all of his railing against judges who make law as opposed to his strict constructionist view of exegeting the meaning and intent of the text, Justice Scalia has shown that he is equally capable of making law today. He overthrew the tradition of second amendment jurisprudence by endorsing the National Rifle Association's view of the constitution. His opinion creates an individual right to own a gun.

I suspect that many would disagree with my judgment that Scalia is making law. He has cited a history of laws and opinions that favor an individual right to possess a gun, and he has shown that certain previous opinions do not exclude an individual right to own a gun, even if they did not endorse it. Since it was lacking in the law, Scalia saw fit to make it law by this opinion, rather than leaving it to states and localities to make laws appropriate to their situations. He says it is only logical that the individual right is intended. That is certainly so if you are already convinced that the individual right is entailed in the amendment.

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