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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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| QUOTES
TO REMEMBER |
| "And how we burned in the camps later, thinking: What would things have been like if every Security operative, when he went out at night to make an arrest, had been uncertain whether he would return alive and had to say good-bye to his family? Or if, during periods of mass arrests, as for example in Leningrad, when they arrested a quarter of the entire city, people had not simply sat there in their lairs, paling in terror at every bang of the downstairs door and at every step on the staircase, but had understood they had nothing left to lose and had boldly set up in the downstairs hall an ambush of half a dozen people with axes, hammers, pokers, or whatever else was at hand? [...] The Organs would very quickly have suffered a shortage of officers and transport and, notwithstanding all of Stalin's thirst, the cursed machine would have ground to a halt!" —Alexander Solzhenitsyn, The Gulag Archipelago (Chapter 1 "Arrest") |
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