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Old June 28, 2010, 09:43 PM   #16
Rotnguns
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Join Date: August 7, 2004
Location: Idaho
Posts: 33
Quote:
Guys guys guys, leave your prejudices aside here. One must ANTICIPATE the other sides arguments. I am here alleging that a cosmetic AWB would survive strict scrutiny.

But nobody can tell me why I am alleging that? What facts could be used to justify it? Or the IMPACT such a ban would have on your right to self defense?
I'm not trying to be rude or argumentative. I feel that Alito's use of the term "fundamental" implies strict scrutiny. In my humble nonlawyer interpretation, strict scrutiny means that absent a clear and compelling case, a right cannot be restricted. For example, the state of Idaho cannot tell me that I cannot own a yellow car unless a very strong case can be made that the color yellow provides a clear and present danger to society, overwhelming my personal right. It's up to the state to prove the case, not me.
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