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The
Below Comments Relate to this Newslink:
CA: What the gun lobby gets wrong about the 2nd Amendment
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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are 3 comments
on this story
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In evaluating gun control regulations, it’s legitimate to take into account the social harms and risks arising from individuals keeping, bearing and using firearms. Constitutional analysis of the 2nd Amendment, as with other fundamental rights, requires some kind of balancing of interests, which includes considering the state’s need to promote public safety.
Ed: Balancing of interests has been repudiated by SCOTUS. |
| Comment by:
hisself
(10/17/2019)
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Where in the Constitution does it say anything about Balancing of Interests, or a 'Compelling Interest'??
The Constitution is a contract between the states to allow for a small central government. If that central government violates said contract then it, the central government, loses legitimacy. |
| Comment by:
PHORTO
(10/17/2019)
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| "We know of no other enumerated constitutional right whose core protection has been subjected to a freestanding 'interest-balancing' approach. The very enumeration of the right takes out of the hands of government ... the power to decide on a case-by-case basis whether the right is really worth insisting upon. . . The Second Amendment is no different. Like the First, it is the very product of an interest-balancing by the people[.]" - D.C. v. Heller (2008) |
| Comment by:
RichardJCoon
(10/17/2019)
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| I am praying the Supremes dictate "Strict Scrutiny" for all 2A cases. This will rid the nation of a whole bunch of State leveed infringements. |
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| QUOTES
TO REMEMBER |
| To trust arms in the hands of the people at large has, in Europe, been believed...to be an experiment fraught only with danger. Here by a long trial it has been proved to be perfectly harmless...If the government be equitable; if it be reasonable in its exactions; if proper attention be paid to the education of children in knowledge and religion, few men will be disposed to use arms, unless for their amusement, and for the defence of themselves and their country. — Timothy Dwight, Travels in New England and New York [London 1823] |
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