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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
TO REMEMBER |
For, in principle, there is no difference between a law prohibiting the wearing of concealed arms, and a law forbidding the wearing such as are exposed; and if the former be unconstitutional, the latter must be so likewise. But it should not be forgotten, that it is not only a part of the right that is secured by the constitution; it is the right entire and complete, as it existed at the adoption of the constitution; and if any portion of that right be impaired, immaterial how small the part may be, and immaterial the order of time at which it be done, it is equally forbidden by the constitution. [Bliss vs. Commonwealth, 12 Ky. (2 Litt.) 90, at 92, and 93, 13 Am. Dec. 251 (1822) |
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