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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 |
Are we at last brought to such humiliating and debasing degradation, that we cannot be trusted with arms for our defense? Where is the difference between having our arms in possession and under our direction, and having them under the management of Congress? If our defense be the real object of having those arms, in whose hands can they be trusted with more propriety, or equal safety to us, as in our own hands? — Patrick Henry, 3 J. Elliot, Debates in the Several State Conventions 45, 2d ed. Philadelphia, 1836 |
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