In response to Monday’s Supreme Court Ruling in McDonald vs. Chicago, Mayor Richard Daley of Chicago declared that the city would look for a way to reinstitute restrictions on 2nd Amendment rights within the city now that the court’s ruling has made their prior gun ban “unenforceable.”
The court’s ruling follows on other recent rulings which have struck down state and local ordinances which limit gun rights, applying the First and Fourteenth Amendments to assert the principle that the rights protected in the Bill of Rights transcend state and local laws and are not just limitations on the power of the federal government.
The court decision is a qualified victory for gun rights advocates because it still leaves open the possibility of regulation of gun ownership and does not declare Second Amendment rights to be absolute and immune to other sorts of restrictions. However, following on Heller vs. the District of Columbia this ruling makes very clear that the Supreme Court will not tolerate any jurisdictions attempting to infringe on the 2nd Amendment. Whether they will be as firm with other Constitutionally protected rights remains to be seen.
Although many conservatives who favor a states-rights approach to government find broad applications of the 14th Amendment objectionable, they now face the ironic reality that the Supreme Court has used that Amendment as the basis for protecting one of their most preciously held rights, affirming the intent of that Amendment, which was to guarantee a safeguard against abuse of power by state and local governments.
Daley’s declaration that he will continue to pursue efforts to limit gun rights opens another front in the political left’s war on the court, the Constitution and the rights of the people.