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Originally Posted by dc_dux
Bottom line..it is the Supreme Court that ultimately interprets intent.
And in this rare case, I agree with Scalia (in the DC decision) that the 2nd amendment right is not absolute and is subject to some limitations and restrictions In the gun case, Justice Antonin Scalia led the majority in analyzing the words of the Second Amendment and the views of its framers and concluding that "they guarantee the individual right to possess and carry weapons in case of confrontation."
...Scalia wrote that the right he was announcing, as with other constitutional rights, "is not unlimited." The ruling should not "cast doubt," he added, on restrictions such as barring possession of firearms by felons or the mentally ill or forbidding carrying arms near schools or in government buildings. He also indicated that the use of certain types of weapons could be restricted without running afoul of the Second Amendment.
Law.com - Supreme Court Strikes Down D.C. Gun Ban
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which should be completely and totally mind boggling, considering the amendment itself says 'shall not be infringed'. Only in a totalitarian/authoritarian mindset can someone actually believe that shall not be infringed means it can be limited and restricted.
It's also blatant disregard for the constitution and bill of rights to restrict the people to 'certain' weapons considering that the framers believed that the people should be equally armed as the standing military is, but hell no we can't have tom dick and harry running around with automatic weapons. much better to have murderous agents of the government killing citizens with automatic weapons. its the only way for 'freedom' to survive. I call it insanity.
-----Added 10/12/2008 at 05 : 07 : 39-----
Quote:
Originally Posted by dc_dux
dk..I've read the Federalist papers and I assume Scalia has as well.
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then why do you insist on disregarding them? same with scalia. he is by no means a strict constructionist or originalist.
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"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."
Last edited by dksuddeth; 12-10-2008 at 02:07 PM..
Reason: Automerged Doublepost
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