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May 14, 2019, 11:21 AM | #26 | |
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Complaining that a conservative nominee several decades ago didn't embrace the Heller court's affirmation of the right as an individual right doesn't give a lot of insight into the current field of views on the issue. What should be an overriding concern to people who want to see the words of the COTUS given greater heft is the movement to detach constitutional jurisprudence from the original public meaning of constitutional text. That impulse is present conspicuously in Wickard and a number of subsequent cases in which specific ideological goals were achieved judicially. That advocates of that movement thought it was threatened by Bork (whose 2d Am. view was heterodox), Scalia, Thomas, Roberts, Alito, Gorsuch and Kavanaugh should tell one something about that movement and where judicial support for the right can arise. These men surely have differences of view and temperament amongst them, but the ordinary idea that constitutional text may be an impediment to ideological public policy is only a threat to a plan to implement that ideological public policy. As to Kavanaugh, his rebuff to Sen. Feinstein in hearing about ARs being in common use wasn't ambiguous. I can understand not seeing the current exec as reliable on any specific issue, but both his nominees to date have been judges whose fidelity to constitutional text gave considerable heartburn to the Senate minority. In the context of current constitutional jurisprudence there is greater clarity and alignment than Pre-Heller quotes would indicate.
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May 14, 2019, 12:17 PM | #27 | |
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In my view, we need at least one more. |
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May 14, 2019, 12:35 PM | #28 | |
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On the issue of Roberts' calculation, several noted that his justification of the constitutionality of the ACA as a tax set up the current challenge. That's a mostly technical victory at this point, but it does illustrate how some of the outrage at the time may not have been driven by foresight. I'd like to see two more total, which probably puts us at three more nominations away from the potential of a solid position. 5-4 splits give every member of the majority a veto; I don't see that as making a strong opinion more likely.
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May 14, 2019, 01:44 PM | #29 |
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I find it disheartening that the SCOTUS is filled with judges with such obvious political agendas.
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May 15, 2019, 08:09 PM | #30 | ||
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Alito isn't as good as Gorsuch or Sotomayor on the fourth amendment, but this isn't that kind of forum. |
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May 15, 2019, 10:58 PM | #31 | |
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May 16, 2019, 02:15 PM | #32 |
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The problem with a pure self-defense jusification for the RKBA is that it can lead to accepting limits on the types of weapons. Creepy Uncle Joe Biden is ok with a double barrel shotgun as all that it necessary. One could see a right to own such and/or a SW Model 10 as sufficient and all the higher cap guns being unnecessary and open to bans.
Yes, folks use the higher cap guns but even on gun forums folks argue that 5 is enough or the modal 3,3,3 usage. Don't want to be locked into that standard or see it enshrined as what the 2nd Amend. means.
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May 16, 2019, 06:15 PM | #33 |
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It shouldn't be an either/or- protect RKBA for ALL lawful purposes- resistance to tyranny, self-defense, sport, whatever.
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May 16, 2019, 06:38 PM | #34 |
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Some members here may remember that the Senate did a fairly exhaustive analysis of the Second Amendment all the way back in 1982. I have a formatted version of it squirreled away on my hard drive, but a complete (unformatted) version is still available on-line. For those who aren't familiar with it, it's worth a read.
https://guncite.com/journals/senrpt/senrpt.html I'll also mention that, in the years since this was released, it has disappeared from the Internet and then popped up again at different URLs a couple or more times. I recommend that anyone who is serious about this issue not only read it, but also download it and save a copy because we never know when it may disappear again. There was also a lengthy (107 pages worth) "memorandum" issued by the Attorney General's office in 2004. Again, the official version seems to have disappeared from the .gov web site, a copy has been preserved by the Constitution Society. This one, too, is well worth reading, aand IMHO we should all download it and save a copy so we'll always be able to find it for future reference. http://www.constitution.org/uslaw/doj/doj_statement.htm And then, of course, there are the historical references contained in the Heller decision. There is a LOT of historical support for "our side" if we go looking. We owe it to ourselves and to future generations to ensure that some of these documents aren't allowed to go walkabout. |
May 16, 2019, 06:56 PM | #35 | |
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Here's a quote from the 1982 Senate report:
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May 23, 2019, 04:30 PM | #36 | |
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The actuary tables on Thomas from 1.5 to 5.5 are positive for a guy thomas' age with fair health and excellent heath care, but there is still a fairly high mortality or disabling illness rate. |
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