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The
Below Comments Relate to this Newslink:
| Comment by:
xqqme
(2/13/2020)
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Those who cite dicta from a SCOTUS decision fail to also mention that those comments from the Justice(s) are not actually binding precedent, as they did not address the core question at issue, which is whether the specific restrictions in the D.C. code were at odds with the Constitutional Right to Keep and Bear Arms of the Second Amendment.
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Those issues are arguments for another day... another case, where pleadings can be made and evidence presented.
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SCOTUS rulings are VERY, VERY, NARROW in almost all cases, and the Heller decision is not exception. |
| Comment by:
PHORTO
(2/13/2020)
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Okay, let's!!!
"Some have made the argument, bordering on the frivolous, that only those arms in existence in the 18th century are protected by the Second Amendment. We do not interpret constitutional rights that way. Just as the First Amendment protects modern forms of communications, e.g., Reno v. American Civil Liberties Union, 521 U. S. 844, 849 (1997), and the Fourth Amendment applies to modern forms of search, e.g., Kyllo v. United States, 533 U. S. 27, 35-36 (2001), the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding." D.C. v. Heller (2008) |
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| QUOTES
TO REMEMBER |
| The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them. — Joseph Story, Commentaries on the Constitution of the United States; With a Preliminary Review of the Constitutional History of the Colonies and States before the Adoption of the Constitution [Boston, 1833]. |
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