Substein refers to statements that Burger made in the 90's and later describes them as "from the bench." He seems to be unaware of (or just wants us to forget that) Burger retired from the Court in '86. Little wonder then that his comments failed to raise much discussion in legal circles, given that that they were made in such a noted law journal as Parade magazine by someone who had been retired from law for the better part of a decade. He did get it correct, however, that the 2nd amendment didn't create any right to guns. That's not what the Constitution or its amendments do; they only recognize and protect rights. Things created by constitutions and laws are more properly referred to as "privileges".
From John Lott's Blog - Click on the link above to read the rest of the commentary and to watch the video of Cass Sunstein
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