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| Re: The Constitution of the United States of America (1682318) | |||
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Re: The Constitution of the United States of America |
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Posted by mtk52983 on Fri Dec 13 12:54:20 2019, in response to Re: The Constitution of the United States of America, posted by Spider-Pig on Fri Dec 13 12:35:29 2019. Though that begs the question about what effect to give the operative clause if the basis for the prefatory clause is no longer present. Personally, I believe that Justice Scalia was correct in Heller regarding the scope of the Second Amendment. The problem with cases dealing with the Second Amendment is that you often have equally legit competing interests (such as right to keep and bear arms vs. potential of domestic violence) as compared to similar absolutes in the First Amendment where the equities clearly tilt in favor of one side. While we can (almost) all agree regarding those convicted of domestic violence crimes, what about those that were charged and pled to a lesser charge that isn't domestic violence? What about those that were not charged with a domestic violence crime but could lead to one (I am thinking about alcohol related offenses)? Turning to another point, what about those laws that don't prevent anybody from exercising their right to keep and bear arms, but make the process or ownership onerous? For example, everybody is allowed to own a firearm, but you can't transport a loaded firearm (see what NYC tried), you have to carry $10 Million insurance, etc. or the process requires you to publish that you are looking to obtain a license to possess a handgun and if even one person raises an objection you are denied without providing you any due process to determine the accuracy of the objection. |
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