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Gun Control & RKBA
In reply to the discussion: 2nd Am history: Until 1959, every law review article concluded it didn't guarantee an individ right [View all]jimmy the one
(2,720 posts)25. moot, miller
Supreme Court didnt rule that 2ndA guarantees an individuals right to own a gun until 2008, when..Heller... In fact, every other time the court had ruled previously, it had ruled otherwise.
sarisataka: If a think tank wishes to publish an article without any proof to support the premise then I may dismiss their premise with an equal amount of proof.
No no no no no. Not that I follow your tailing above, but the brennan center's article's 'premise' was intentionally equivocal to preclude what you are arguing. What in the world would you have had them do? publish the 3 relevant previous supreme court cases regarding the 2ndA to 'prove' their premise was correct? If an author writes 'the allies defeated hitler' they need not post all the campaigns which hitler lost & how 3rd reich eventually surrendered.
I repeat, if you want to challenge the validity of their premise, it is incumbent upon you, or another reputable source, to refute their premise. Their premise has not been refuted ever, which actually makes our argument moot. IE - the supreme courts had never prior to heller ruled that the 2ndA was an individual right separated from militia. I do not understand your point or your defense.
____________________________________________________
sari: you are well aware only the Government presented arguments, Miller being deceased at that point. Clearly the Court left the decision open to further review.
When someone says 'clearly' as you do above, when something is anything but clear, I am confident the person is spinning the truth. What you allege above is non sequitur, and not clear.
If Miller had lived, he wouldn't have appeared in court to say much of anything, because he had ratted on his pals & they would've killed him once they realized where they could find him (DC):
wiki: In reality, {judge in first ruling by district court, sided with jack miller} was in favor of the gun control law and {only} ruled the law unconstitutional because he {judge} knew that Miller, who was a known bank robber and had just testified against the rest of his gang in court, would have to go into hiding as soon as he was released. He {judge} knew that Miller would not pay a lawyer to argue the case at the Supreme Court and would simply disappear. Therefore, the govt's appeal to the Supreme Court would be a sure win because Miller and his attorney would not even be present at the argument
Neither the defendants {miller or layton} nor their legal counsel appeared at the Supreme Court. A lack of financial support and procedural irregularities prevented counsel from traveling. Miller was found shot to death in April, 1939 before the decision was rendered https://en.wikipedia.org/wiki/United_States_v._Miller
sarisataka: If a think tank wishes to publish an article without any proof to support the premise then I may dismiss their premise with an equal amount of proof.
No no no no no. Not that I follow your tailing above, but the brennan center's article's 'premise' was intentionally equivocal to preclude what you are arguing. What in the world would you have had them do? publish the 3 relevant previous supreme court cases regarding the 2ndA to 'prove' their premise was correct? If an author writes 'the allies defeated hitler' they need not post all the campaigns which hitler lost & how 3rd reich eventually surrendered.
I repeat, if you want to challenge the validity of their premise, it is incumbent upon you, or another reputable source, to refute their premise. Their premise has not been refuted ever, which actually makes our argument moot. IE - the supreme courts had never prior to heller ruled that the 2ndA was an individual right separated from militia. I do not understand your point or your defense.
____________________________________________________
sari: you are well aware only the Government presented arguments, Miller being deceased at that point. Clearly the Court left the decision open to further review.
When someone says 'clearly' as you do above, when something is anything but clear, I am confident the person is spinning the truth. What you allege above is non sequitur, and not clear.
If Miller had lived, he wouldn't have appeared in court to say much of anything, because he had ratted on his pals & they would've killed him once they realized where they could find him (DC):
wiki: In reality, {judge in first ruling by district court, sided with jack miller} was in favor of the gun control law and {only} ruled the law unconstitutional because he {judge} knew that Miller, who was a known bank robber and had just testified against the rest of his gang in court, would have to go into hiding as soon as he was released. He {judge} knew that Miller would not pay a lawyer to argue the case at the Supreme Court and would simply disappear. Therefore, the govt's appeal to the Supreme Court would be a sure win because Miller and his attorney would not even be present at the argument
Neither the defendants {miller or layton} nor their legal counsel appeared at the Supreme Court. A lack of financial support and procedural irregularities prevented counsel from traveling. Miller was found shot to death in April, 1939 before the decision was rendered https://en.wikipedia.org/wiki/United_States_v._Miller
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2nd Am history: Until 1959, every law review article concluded it didn't guarantee an individ right [View all]
sharedvalues
Aug 2019
OP
Yup, Scalia's opinion in DC vs Heller enshrined something made up out of whole cloth
RockRaven
Aug 2019
#1
Can we change the name of this forum? "Gun control and made-up Republican RKBA"?
sharedvalues
Aug 2019
#5
It's been considered here several times before, and shown to be false
friendly_iconoclast
Aug 2019
#63
As you've seen, if ones' only strengths are 'repeated argument by assertion'...
friendly_iconoclast
Aug 2019
#11
It's sad that you and 16 other people believe that law review articles actually have legal weight
friendly_iconoclast
Aug 2019
#10
Thank you. I didn't have the energy to deconstruct sarisataka's many misleading points
sharedvalues
Aug 2019
#29
Wow. DOJ 1938: "2nd A does not grant to the people the right to keep and bear arms"
sharedvalues
Aug 2019
#32
Obvious answer: Because, when read in full, it doesn't say what James claims it says.
friendly_iconoclast
Aug 2019
#52
Yes. Scalia was a right-wing partisan and his "originalism" was just a front
sharedvalues
Aug 2019
#31