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View Diary: The Second Amendment Can CREATE Gun Control (21 comments)

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  •  air force (0+ / 0-)

    I could see the ability to build upon the armed forces that exist under the Presidential clause like they did with the Air Force and like they may again if defense enters the space age.  But to redefine an existing branch of the military listed in the constitution as totally rogue. .  

    Could congress really rewrite the military code to release, say,  all water vessels from regulation by calling them members of the "Unorganized Navy?"

    •  Scalia IS absurd.. (0+ / 0-)

      And Heller will not stand long. It is being ignored as logical hash by the reality-based legal community as they craft local and civic gun control laws which MAY pass muster under Heller. They all will be challenged individually, which was Scalia and the NRA's intent all along. Tie it all up in court for a few decades of profit.

      As Richard Posner, the conservative appellate justice said after Heller, the only thing it makes certain is full employment for lawyers and courts for a long time.

      Let us hope the Scalia Era is nearly over. Sophistry never wins in the end, as we saw in Dred Scott and Prohibition.

      Figures don't lie, but liars do figure-Mark Twain

      by OregonOak on Sun Dec 23, 2012 at 09:28:33 AM PST

      [ Parent ]

      •  Indeed (0+ / 0-)

        The more I think about it the crazier it seems.  

        Women and black people didn't have many rights under the constitution because they weren't "the people" as defined at the time.  The constitution itself was changed to accommodate them.   They also didn't qualify as "militia" till 1903, at least under the mandatory militia code which specified white males.  

        So, for an originalist to turn around and say that it is "the people" alone and not also "the militia" that the Second Amendment is presenting as the mortal reason for it's existence. .  .

        There were clearly at least two groups of adults being considered in the founder's minds then: "militia/the people" and "women/black people."  One was the protector, the other was the protected.  One did the militia duty, the others stayed at home.  Gun rights were protected for only one group, the militia duty group.

        Thanks for the conversation.   I need to bounce this stuff around.

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