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View Diary: Just so you know what we are dealing with (19 comments)

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  •  not sure it would carry much weight (5+ / 0-)

    after all, Russ Feingold of all people did his senior thesis in college on the 2nd Amendment and concluded it contained an individual right to bear arms.

    I never read it that way, nor did the Supreme Court until Heller.

    I have always been willing to find an individual right in the 9th Amendment, but conservatives hate that amendment in part because of Roe v Wade.  And remember the conniptions Douglas went through to avoid citing the 9th in Griswold v Connecticut.

    About all I am prepared to say is that none of the rights in the Bill of Rights is absolute, that Supreme Courts have always found cases where it was legitimate to restrict rights, that banning machine guns without a hard to obtain federal license has never been seriously challenged and that even in Heller Scalia granted the principle of regulation of who could have (certain) firearms.  

    "We didn't set out to save the world; we set out to wonder how other people are doing and to reflect on how our actions affect other people's hearts." - Pema Chodron

    by teacherken on Sat Jan 19, 2013 at 04:22:44 PM PST

    [ Parent ]

    •  Well, I think if the argument made by Stevens in (3+ / 0-)
      Recommended by:
      WakeUpNeo, Lujane, Bisbonian

      the dissent to Heller were made the "gold standard" for liberals, it would clear up an awful lot for our fellow kossites.  While I am all for a penumbra of rights, in this case, the history behind the amendment does not lend itself to such an interpretation.

      I know the slave-owner thing is popular among anti-gun folks right now due to some media coverage, but it really is a red herring.

      Maybe I will kick something out tomorrow and see what happens...

      Buck up--Never say die. We'll get along! Charlie Chaplin, Modern Times (1936).

      by dizzydean on Sat Jan 19, 2013 at 04:40:02 PM PST

      [ Parent ]

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