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The
Below Comments Relate to this Newslink:
Comment by:
PHORTO
(11/21/2019)
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What horsehockey.
Scalia specifically wrote in Heller that no fundamental right can be subject to a free-standing interest-balancing test. That is why he rejected the three-tiered "scrutiny" system in adjudicating the right to arms in favor of "text and history" analysis.
The author is correct that this method wasn't spelled out in a single sentence, but he's lying by insisting that the Heller Court didn't in fact establish the appropriate means in deciding such questions. |
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QUOTES
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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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