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guillaumeb

(42,649 posts)
18. To characterize a unanimous SCOTUS decision as
Fri May 6, 2016, 11:20 AM
May 2016

"some degree of legal standing" is ridiculous. The SCOTUS Second Amendment precedent is scant because there has never, at least prior to D.C. v Heller, been a SCOTUS level disagreement as to what the Second Amendment represents and represented for the Founders.

The Heller decision was a blatant example of legislating from the bench, led by self-proclaimed Originalist Antonin Scalia, that effectively deleted much of the Second Amendment's clear language to arrive at Scalia's pre-determined decision to reverse the clear meaning of the Amendment.

There have been challenges, and state level decisions, but until Heller the recognized meaning of the Amendment protected only the right of a state militia, and its well organized and Federally regulated members, to possess weapons.

I understand that from the NRA's perspective, history must be rewritten to allow the fiction that Heller represents original intent, but calling a cow a horse does not make the cow a horse.

And speaking from a linguistic standpoint, the clear language links a well-regulated militia to the right of "the people", not every individual, to keep and bear arms. Even the phrase "bear arms" was understood by the Founders as carrying weapons in a militia.

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What was "carefully considered" by the politicians passing the bill guillaumeb May 2016 #1
That was a major victory sarisataka May 2016 #2
A major victory for fear and for the money purchasing SCOTUS Judges. guillaumeb May 2016 #3
. sarisataka May 2016 #4
..."for the money purchasing SCOTUS judges" Kang Colby May 2016 #5
You do realize TeddyR May 2016 #6
A carefull re-reading of my post will show that I was referring to SCOTUS guillaumeb May 2016 #8
Apologies for misreading your post TeddyR May 2016 #9
Again, after accepting your kind apology, the SCOTUS is the final arbiter of law. guillaumeb May 2016 #11
Ok TeddyR May 2016 #13
what centuries of SCOTUS precedent? gejohnston May 2016 #7
First, prior to DC v Heller, the established and accepted view was that the Second guillaumeb May 2016 #10
There's lots of scholarly articles TeddyR May 2016 #12
Please read my reply #10. It says it better than I can. eom guillaumeb May 2016 #14
Ok TeddyR May 2016 #15
your source lied by omission, gejohnston May 2016 #16
While that view had some degree of legal standing... Lizzie Poppet May 2016 #17
To characterize a unanimous SCOTUS decision as guillaumeb May 2016 #18
Ah, so they never bothered to rule on it because, well "everybody knows" DonP May 2016 #19
Research SCOTUS decisions prior to Heller and your claim of guillaumeb May 2016 #20
Yeah, that's too bad, like it or not you're still stuck with Heller and McDonald as the law DonP May 2016 #25
You couldn't be more wrong about the linguistic analysis. Lizzie Poppet May 2016 #21
The clear language of the Second Amendment links a well regulated militia guillaumeb May 2016 #22
See above. Lizzie Poppet May 2016 #23
The NRA would be quite proud. guillaumeb May 2016 #24
Ah, resorting to insult? Bye, Felicia. Lizzie Poppet May 2016 #26
Bull. beevul May 2016 #29
Where does the Second Amendment TeddyR May 2016 #30
unanimous only because gejohnston May 2016 #28
Not familiar sarisataka May 2016 #27
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