Which you say was established in the 60's which takes place after the 30's.
I never said it was established in the 60's? I said its 200 years old.
Which you say was established in the 60's which takes place after the 30's.
try to imagine the framers of the constitution debating that their newly founded central government has the power to limit the rights and freedoms of 'we the people', after successfully divorcing themselves from an oppressive and overbearing central government and their standing army. does that sound plausible?
you are taking his statement totally out of context, especially considering his other opinions about the advancement of first amendment rights and new technology. He is talking about the weapons of today, not the time of the writing of the constitution.
We also recognize another important limitation on the right to keep and carry arms. Miller said, as we have explained, that the sorts of weapons protected were those “in common use at the time.” We think that limitation is fairly supported by the historical tradition of prohibiting the carrying of “dangerous and unusual weapons.”
and you have the state constitutions, all 50 of them, and their relevant text that prescribes that power as well? please produce them.This is about the States right to limit Constitutional rights.
so you're saying that Scalia is stating in the opinion that the only protected right in the 2nd Amendment is muskets and swords?????The opinion is divided into four sections. I posted the entirety of the third section. What more context do you need. And no, he is not talking about military weapons of today being subject to 2nd Amendment protection. He's abundantly clear on that point:
It's exactly what he says.
do i need to jump back into this thread? how are my bros holding down the fort? cliff note me if needed. k thanks.
Just wanted to let everyone know that I had eggs this morning for breakfast.
Which, of course, is a guarantee that I will have eggs every morning for breakfast going forward. I think I'll get sick of that pretty quickly, but there doesn't seem to be anything I can do about it.
so you're saying that Scalia is stating in the opinion that the only protected right in the 2nd Amendment is muskets and swords?????
My point was really that Billy's claim that all weapons of military utility are protected by the 2nd Amendment is not actually the case.
Also, too, reflecting on it a bit more (I read Heller, like thrice a while ago) I think you are correct that Scalia is saying that weapons in general use today are subject to 2nd Amendment protection.
and you have the state constitutions, all 50 of them, and their relevant text that prescribes that power as well? please produce them.
Yes, and so on into perpetuity. And because the AR15 is protected, all things like it in nature are also protected. And when the Hughes Amendment is repealed, you can expect to see the list grow.
See Dread Scott and Brown v. Board of Education.
Well, if this was a single case, I might agree. But it's not. It's Miller, Heller, and McDonald. And the longer they go unchallenged, the less likely they will be undone.
How long was Dred the law of the land?
How long was it the ONLY case?
Not so long, soon after came Lum v. Rice
Lum v. Rice (1927)