Michael Dorf

The 2008 Secession Proposal

In the wake of last week’s election, citizens from all 50 states have signed petitions calling for secession from the United States. These petitions have been filed with the White House’s “We the People” website, an initiative of the Obama administration to encourage public involvement in government. Once a petition reaches the threshold of 25,000 signatures within 30 days, the White House forwards the petition to its policy experts to draft a formal response.

It’s kind of ironic that these neo-secessionists submitted their formal demands through a government initiative specifically created by Barack Obama. It’s ironic because, while each state’s petition varies a bit in substance, the crux of every petition is “we don’t like that crazy Kenyan socialist president.”

Just to recap: Kenyan Head of Government. Not Kenyan Head of Government. Kenyan. Not KenyanKenyonNot Kenyan.

As of this hour, only a handful of states have reached the signature threshold to trigger an official White House response. Wanna take a guess which states are ready to bail? If you guessed “states that have past experience with secession,” you’d be right. Alabama, Florida, Georgia, Louisiana, North Carolina, Tennessee, and Texas have all finished their secession petitions.

Do these petitions signal a new round of secession?

(SPOILER ALERT: No)

double red triangle arrows Continue reading “Should I Stay Or Should I Go Now? Post-Election Secession Talk”

gun pistol firearm Second Amendment Above the Law blog.jpgLiberal law professors can be pretty predictable in their tastes. Volvo stationwagons. Fair trade coffee. Guns.
Guns? Yes, guns. No, not gunners — guns. Firearms. Bang bang. The good ol’ Second Amendment.
According to a very interesting NYT article, by Adam Liptak:

In March, for the first time in the nation’s history, a federal appeals court struck down a gun control law on Second Amendment grounds. Only a few decades ago, the decision would have been unimaginable.

There used to be an almost complete scholarly and judicial consensus that the Second Amendment protects only a collective right of the states to maintain militias. That consensus no longer exists — thanks largely to the work over the last 20 years of several leading liberal law professors, who have come to embrace the view that the Second Amendment protects an individual right to own guns.

In those two decades, breakneck speed by the standards of constitutional law, they have helped to reshape the debate over gun rights in the United States. Their work culminated in the March decision, Parker v. District of Columbia, and it will doubtless play a major role should the case reach the United States Supreme Court.

Legal academic debate with real-world ramifications? Wow. This truly is newsworthy.
Thoughtful blogospheric reactions from Jonathan Adler, Jack Balkin, Randy Barnett, and Michael Dorf, among others. We were most amused by Professor Dorf, who blog-slaps Liptak, before concluding his post in delightfully catty fashion:

Full disclosure: I spoke with Mr. Liptak last week and expressed skepticism (along the lines described above) about his causal claim. I guess I didn’t say anything quote-worthy.

HA. Hell hath no fury like a law professor not name-checked.
(Sorry, Professor Dorf — not everyone is as susceptible to your charms as Justice Kennedy. You may spend your entire life searching for a jurisprudential romance to match what you had with AMK at One First Street, back in the heady days of October Term 1991.)
A Liberal Case for the Individual Right to Own Guns Helps Sway the Federal Judiciary [New York Times]
Scholarship and the Second Amendment in the Courts [Dorf on Law]
How Liberals Saved the Second Amendment [Volokh Conspiracy]
Scholars and the Second Amendment [Volokh Conspiracy]
The Second Amendment is Embarrassing No More [Balkinization]