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The
Below Comments Relate to this Newslink:
What Should America Expect from a More Originalist Supreme Court?
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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Second, look for the court to offer greater clarity on the Second Amendment. Since Heller and McDonald, the Court has essentially gone quiet about gun rights. Left undecided are questions about the extent of the right to bear arms outside the home (implicating carry permits) and the nature and type of weapons precisely protected. If an originalist court follows the late Antonin Scalia’s reasoning that the Second Amendment attaches to weapons “in common use for lawful purposes,” then broad “assault weapons” bans will likely fail. |
| Comment by:
PHORTO
(6/29/2018)
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"If an originalist court follows the late Antonin Scalia’s reasoning that the Second Amendment attaches to weapons 'in common use for lawful purposes,' then broad 'assault weapons' bans will likely fail."
I've been saying that for years, and that doesn't even take into account the real meaning of U.S. v. Miller:
1) reasonable relationship to the . . . efficiency of a well regulated militia
2) any part of the ordinary military equpiment
3) could contribute to the common defense
4) IT MUST BE INTERPRETED AND APPLIED WITH THAT END IN VIEW.
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| Gentlemen may cry, 'peace, peace'—but there is no peace. The war is actually begun! Is life so precious, or peace so dear, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take, but as for me, give me liberty, or give me death! — Patrick Henry to the Virginia Convention on March 23, 1775. |
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