What you say? She was the dissenting vote in the appeals court ruling to strike down the Washington D.C. gun ban. How could a nice lefty like that undercut the left?
L.O.G.I.C.
Atom splitting mind fissionist Henderson bases her dissent on the (extremely wobbly and highly novel) notion that the Bill of Rights in the U.S. Constitution DOES NOT APPLY to Washington D.C. because its "not a state".
I'm sure the residents of D.C., and certain notable press members, like the Washington Post for example, might be very surprised to discover there exist Federal Judges who don't believe the U.S. Constitution applies to them, yet this is exactly what Henderson said.
Naturally, if the U.S. Constitution doesn't apply to actual U.S. citizens living on actual land inside the territorial boundaries of the USA, then by logical extension, it can't possibly apply to NON-citizens OUTSIDE the territorial boundaries of the USA itself. The constitution and BOR isn't a Chinese menu - you don't get to pick and choose what parts you like and don't.
Henderson's novel opinion has completely undercut the left's assertion that vacationers at Club Gitmo should have the full protections of the U.S. Constitution.
6 comments:
I blogged about this exact same topic last night. In regards to the US Constitution I think a few people are failing to remember something that they learned in American History or Government class. In the Constitution the word State is capitalized and therefore refers to the Federal State, or in other words, the Nation. Henderson did nothing more than show her lack of intelligence. After all, if we follow her reasoning then she has no right to say anything about anything as didn't the Constitution and it;s Bill of Rights give her the right to vote?
I deleted the above comment because it contained someone's email address, not because there was any problem with it.
I haven't looked it up yet, but I'd bet she's a Clinton or Carter appointment ;->
Theoretically it also allows them to do such wonderful things as not allow blacks to vote, to legalize the rape and slaughter of arrested criminals, hang people without trial and shoot you for using the wrong tone of voice. In other words, since the constitution doesn't apply, they really can pass laws allowing them to do whatever they want under this logic.
Good Point.
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