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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 |
| After having thus successively taken each member of the community in its powerful grasp and fashioned him at will, the supreme power then extends its arm over the whole community. It covers the surface of society with a network of small, complicated rules, minute and uniform, through which the most original minds and the most energetic characters cannot penetrate, to rise above the crowd. The will of man is not shattered, but softened, bent, and guided; men seldom forced by it to act, but they are constantly restrained from acting. Such a power does not destroy, but it prevents existence; it does not tyrannize, but it compresses, enervates, extinguishes, and stupefies a people, till each nation is reduced to nothing better than a flock of timid and industrious animals, of which the government is the shepherd. — Alexis de Tocqueville |
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