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The
Below Comments Relate to this Newslink:
CA: What the gun lobby gets wrong about the 2nd Amendment
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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are 3 comments
on this story
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In evaluating gun control regulations, it’s legitimate to take into account the social harms and risks arising from individuals keeping, bearing and using firearms. Constitutional analysis of the 2nd Amendment, as with other fundamental rights, requires some kind of balancing of interests, which includes considering the state’s need to promote public safety.
Ed: Balancing of interests has been repudiated by SCOTUS. |
| Comment by:
hisself
(10/17/2019)
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Where in the Constitution does it say anything about Balancing of Interests, or a 'Compelling Interest'??
The Constitution is a contract between the states to allow for a small central government. If that central government violates said contract then it, the central government, loses legitimacy. |
| Comment by:
PHORTO
(10/17/2019)
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| "We know of no other enumerated constitutional right whose core protection has been subjected to a freestanding 'interest-balancing' approach. The very enumeration of the right takes out of the hands of government ... the power to decide on a case-by-case basis whether the right is really worth insisting upon. . . The Second Amendment is no different. Like the First, it is the very product of an interest-balancing by the people[.]" - D.C. v. Heller (2008) |
| Comment by:
RichardJCoon
(10/17/2019)
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| I am praying the Supremes dictate "Strict Scrutiny" for all 2A cases. This will rid the nation of a whole bunch of State leveed infringements. |
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| QUOTES
TO REMEMBER |
| The supposed quietude of a good mans allures the ruffian; while on the other hand, arms like laws discourage and keep the invader and the plunderer in awe, and preserve order in the world as well as property. The same balance would be preserved were all the world destitute of arms, for all would be alike; but since some will not, others dare not lay them aside...Horrid mischief would ensue were one half the world deprived of the use of them... — Thomas Paine, I Writings of Thomas Paine at 56 (1894). |
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