jillian
Princess
- Apr 4, 2006
- 85,728
- 18,113
You should probably go back and learn what a common law country is and what constitutional construction is.NOt really. Neither amendment has ever been an absolute.
It's why you can't own that machine gun you've had your eye on
Who says you can't own a machine gun?
The right to own a "machine gun" is (correctly) infringed by licensing, fees/taxation and background checks. Thus Scalia/Heller was and is correct, the 2nd A. is not an absolute prohibition of gun control; infringements exist!
See #86
See two hundred + years of Jurisprudence in America, esp. since Marbury v. Madison (1803) & most recently Heller. Understand the first issue discussed in ConLaw are First A. Issues.
Neither case law nor precedent changes the Constitution. Marbury v. Madison was the first mistake that damaged the model set by the Founders.
Marbury v Madison was decided when the founders were alive and no one ever implied it wasn't "constitutional". In fact by definition if the court finds it constitutional, it is. Also the founders were politicians who didn't even agree with each other so I'm not sure what the heck you think you're talking about.
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