The Right To Bear Arms

The SCOTUS funally got it right with Heller

You just admitted that Heller was a stark departure from precedent. Legislating from the bench

So what?

Abortion was a stark departure from historical precedent too
So you're admitting that you favor legislating from the bench...but only if you agree with the decision

Oh...

Interpretation is not legislation

So you're telling me you are antiabortion because it was a change in precedent or do you support a woman's right to choose?
 
Nothing changes the FACT that the 2A makes gun rights (at least as far as the Constitution goes) CONDITIONAL on their need by the militia.

Scalia in Heller admitted as much

Prior to Heller...every SCOTUS case dealing with the 2A dealt with it within the context of the militia.
Heller tried to ignore the militia clause...ridiculously

No it doesn't.

The SCOTUS funally got it right with Heller

If you want to live in the past why not live in the time where abortion wasn't considered a right
Judicial activism.

“I ask, sir, what is the militia? It is the whole people except for a few public officials.”
— George Mason

if the people are the militia all people have the right to keep and bear arms
only well regulated militia may not be Infringed when keeping and bearing Arms for their State or the Union.
Wrong as usual
i gainsay your contention. want to argue about it?
 
Interpretation is not legislation

What a crock. Of course it is. You just realized that you stepped on your own dick

As far as abortion...please list those SCOTUS precedents?

The fact that a right to privacy was interpreted to be in the Constitution made abortion legal for all women that is a precedent because there was no acknowledged right to privacy before the ruling on Roe v Wade.

The Heller decision brought the interpretation of the second more into line with what the people believe it to mean
 
According to the Dick Act ...at the very most...that pertains to only MALES between 17 and 45.
Yes, but the Dick act is not the Costitution.

The people are not limited to only males 17 to 45. All people have the right.

They didn't preserve the right of the militia (only able-bodied men), but the the right of the people (everyone)...shall not be infringed.
 
Interpretation is not legislation

What a crock. Of course it is. You just realized that you stepped on your own dick

As far as abortion...please list those SCOTUS precedents?

The fact that a right to privacy was interpreted to be in the Constitution made abortion legal for all women that is a precedent because there was no acknowledged right to privacy before the ruling on Roe v Wade.

The Heller decision brought the interpretation of the second more into line with what the people believe it to mean
A right to privacy arises from a recognition of natural rights in State Constitutions through recourse to Due Process in federal venues.
 
The fact that a right to privacy was interpreted to be in the Constitution made abortion legal for all women that is a precedent because there was no acknowledged right to privacy before the ruling on Roe v Wade.

The Heller decision brought the interpretation of the second more into line with what the people believe it to mean

So you admit that there was no SCOTUS precedent prior to Roe regarding abortion.

Surrender accepted
 
Interpretation is not legislation

What a crock. Of course it is. You just realized that you stepped on your own dick

As far as abortion...please list those SCOTUS precedents?

The fact that a right to privacy was interpreted to be in the Constitution made abortion legal for all women that is a precedent because there was no acknowledged right to privacy before the ruling on Roe v Wade.

The Heller decision brought the interpretation of the second more into line with what the people believe it to mean
A right to privacy arises from a recognition of natural rights in State Constitutions through recourse to Due Process in federal venues.

So then why do you not think an individual has the right to own guns?

If everyone has a right to privacy surely that applies to owning guns
 
So you're admitting that you favor legislating from the bench...but only if you agree with the decision
I disagree with Scalia. I don't think he went far enough.

Shall not be infringed mean NO regulation.

The plan language states that (regardless of the reason) the RIGHT shall not be infringed. Any other "interpretation" is bullshit legislating from the bench.
 
Interpretation is not legislation

What a crock. Of course it is. You just realized that you stepped on your own dick

As far as abortion...please list those SCOTUS precedents?

The fact that a right to privacy was interpreted to be in the Constitution made abortion legal for all women that is a precedent because there was no acknowledged right to privacy before the ruling on Roe v Wade.

The Heller decision brought the interpretation of the second more into line with what the people believe it to mean
A right to privacy arises from a recognition of natural rights in State Constitutions through recourse to Due Process in federal venues.

So then why do you not think an individual has the right to own guns?

If everyone has a right to privacy surely that applies to owning guns
Our Second Amendment only expresses that well regulated militia may not be Infringed, regardless of all of the other ones.
 
So you're admitting that you favor legislating from the bench...but only if you agree with the decision
I disagree with Scalia. I don't think he went far enough.

Shall not be infringed mean NO regulation.

The plan language states that (regardless of the reason) the RIGHT shall not be infringed. Any other "interpretation" is bullshit legislating from the bench.
Yea...well Scalia knew that was a nutter position so...
 
The fact that a right to privacy was interpreted to be in the Constitution made abortion legal for all women that is a precedent because there was no acknowledged right to privacy before the ruling on Roe v Wade.

The Heller decision brought the interpretation of the second more into line with what the people believe it to mean

So you admit that there was no SCOTUS precedent prior to Roe regarding abortion.

Surrender accepted

The decision on abortion was the precedent.

It seems to me the Miller decision that attempted to make the second a collective right was really nothing but an attempt to make sawed off shotguns illegal to own because they had no military value.

Up until that time was it illegal for anyone to own firearms if they were not in the military?
 

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