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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
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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 |
| "Secrecy is the keystone of all tyranny. Not force, but secrecy ... censorship. When any government, or any church, for that matter, undertakes to say to it's subjects, 'This you may not read, this you must not see, this you are forbidden to know,' the end result is tyranny and oppression, no matter how holy the motives. Mighty little force is needed to control a man whose mind has been hoodwinked; contrariwise, no amount of force can control a free man, a man whose mind is free. No, not the rack, not fission bombs, not anything. You cannot conquer a free man; the most you can do is kill him." --Robert A. Heinlein, "Revolt in 2100" (Pg. 68-69, Baen Books paperback edition, 1999 printing) |
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