Friday, February 1, 2013

"Constitutional Law Professor"

Political Science and Constitutional Law Professor James J. Magee of the University of Delaware wrote a piece in The News Journal in which he claims,

"There is no constitutional right to possess the type of "dangerous and unusual" firepower that killed kindergartners in Newtown."

I can't read his entire piece right now, as the News Journal is denying me access, however from the excerpts at Kevin's Professor Magee has engaged in a thoroughly vapid and intellectually and historically incorrect discussion of the 2nd Amendment.

As some of you know, I majored in Political Science with a concentration in public law.  The majority of those law classes were Constitutional Law, and all but one of them were taught by Professor Magee.  The other, a Commerce Clause class was taught in the evenings by an adjunct with a day job. 

I think I'm going to have to sit down and write my old professor something correcting his many errors.  From what I can see he's basically lobbing up softballs, so this should be pretty simple.  I mean really?  He's claiming the Heller decision overturned Miller, which proves one of two things.  Either he has never bothered to read Miller or he's being intellectually dishonest.  Miller was a very simple case.


FightinBluHen51 said...

Check your inbox!

Bob S. said...


I think you are correct in saying he is wrong but there is a (twisted and outside) possibility he is right -- he just won't like my conclusion.

Miller held that since the short barreled shotgun had no reasonable relation to the militia it was within the power of the government to tax the possession of such, right?

I think he sees Miller as supporting the Militia only argument and Heller overturning it.

So, if that is the case; then logically it overturns the authority of the government to tax and control weapons via the NFA, right?

Bubblehead Les. said...

Good Luck with that. I think though, that all you will get is a chance to tell the Emperor he has No Clothes On.

And in his Mindset, he Loves the Breeze!