Tilted Forum Project Discussion Community - View Single Post - Supreme Court Strikes down DC handgun ban..

dksuddeth · 06-26-2008, 08:51 AM

Although this decision confirms an individual right, the USSC got so many things wrong with this opinion.

1) the fundamental balance of power is now firmly weighted towards the government. The 'people' being the soveriegn power of the USA rests on the ballot box only and if the govt believes its in its best interest to override the will of the people, so be it. The people are no longer soveriegn. I'm sure the pro-gov political body appreciates that.

2) no basis of scrutiny was decided upon, therefore each and every new case will have to work it's way through the court system. public policy by judicial fiat.

3) Because the phrase 'in common use' has been used, all it would take is for congress to limit the types of weapons available to 'the people' to eliminate it from common use, and viola, instant ban. constitutional.

4) This decision very subtly reverses Murdock v. Commonwealth of PA. By specifically stating that this decision does not rule out licensing, any body of government can now require a license, fee, or tax (subject to judicial approval to make sure it's not 'destructive') to exercise a right protected by the US constitution.

hooray for the people that demanded rights be regulated, that no right is absolute.

06-26-2008, 08:51 AM	#15 (permalink)
dksuddeth Junkie Location: bedford, tx	Although this decision confirms an individual right, the USSC got so many things wrong with this opinion. 1) the fundamental balance of power is now firmly weighted towards the government. The 'people' being the soveriegn power of the USA rests on the ballot box only and if the govt believes its in its best interest to override the will of the people, so be it. The people are no longer soveriegn. I'm sure the pro-gov political body appreciates that. 2) no basis of scrutiny was decided upon, therefore each and every new case will have to work it's way through the court system. public policy by judicial fiat. 3) Because the phrase 'in common use' has been used, all it would take is for congress to limit the types of weapons available to 'the people' to eliminate it from common use, and viola, instant ban. constitutional. 4) This decision very subtly reverses Murdock v. Commonwealth of PA. By specifically stating that this decision does not rule out licensing, any body of government can now require a license, fee, or tax (subject to judicial approval to make sure it's not 'destructive') to exercise a right protected by the US constitution. hooray for the people that demanded rights be regulated, that no right is absolute. __________________ "no amount of force can control a free man, a man whose mind is free. No, not the rack, not fission bombs, not anything. You cannot conquer a free man; the most you can do is kill him."