Reply to Can the Heller Supreme Court case also be overturned?

Forum Index » Political Discussion

Reply to "Can the Heller Supreme Court case also be overturned?"

Subject:

Emoticons





More smilies

Text Color: Font: Close Marks

[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Heller was based on the text of the Second Amendment; there is no corresponding text in the constitution regarding abortion. [/quote]

[b]Heller overturned 100+ years of 2nd Amendment precedent and shared judicial understanding of the text.
[/b]
It was a radical decision by some phonies pretending to be "textualists" (a meaningless phrase)[/quote]

Not really. The question of whether the 2nd Amendment protected a collective right to firearms was certainly not settled prior to Heller. The wording refers to "the people", which is unambiguous in that it refers to the individual. . Regardless, stare decisis is not absolute, and the US has largely operated in line with a private right to bear arms. Very few people thought that they could only own guns if they were part of a state-organized militia. To assume that "the people" referred only to people within a state-organized militia, or some other state-sanctioned collective would cause chaos for any other Amendment that referred to "the people", including the first.

Even if we completely ignore the 2nd amendment, current standards for substantive due process as championed by liberal judges, and begrudgingly adhered to by conservative ones, would very easily find an individual right to bear arms based on the rich history of the United States prior to, at the time, and after the 14th amendment was passed. [/quote]

You know. I’m going to go with Chief Justice Burger’s assessment.  A conservative constructionist nominated by Nixon to reign in the judicial activism of a liberal court.

In his words, “The gun lobby’s interpretation of the Second Amendment is one of the greatest pieces of fraud, I repeat the word fraud, on the American people by special interest groups that I have ever seen in my lifetime.”

He also voted with the majority on Roe.

Just a reminder how very completely the GOP has lost its way.

[/quote]

Options

	Disable HTML in this message
	Disable BB Code in this message
	Disable smilies in this message

Review message

Search Recent Topics Hottest Topics