The Second Amendment and the Bush Doctrine

January 25th, 2011

Another bite from the Constitutionality of Social Cost:

One point worth stressing is the attenuated nature between gun ownership and gun violence. While Justice Breyer is quick to rely on statistics showing alleged connections between guns and violence, there is an important and fundamental disconnect—the deprivation of liberty occurs before any actual risk materializes. While rights like Miranda and the exclusionary rule occur after the danger and harm, restricting access to firearms occurs ex ante. This pre-emptive approach borders on a Bush doctrine of sorts. It aims to prevent deaths and injuries by eliminating those that harbor or support gun violence—namely firearm owners.