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Old 12-04-2012, 3:15 PM
bulgron bulgron is offline
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Quote:
Originally Posted by OleCuss View Post

This may sound strange from a person who strongly believes in the RKBA, but Heller and McDonald should fill us with sadness. The SCOTUS should never have had to intervene by writing those opinions. The POTUS, the Congress, and the various state officials (elected and unelected) should have been enforcing the RKBA since at least the passage of the 14th Amendment.
Actually, the founders knew that government would eventually act to violate the terms set forth in the constitution, which is why they gave us a federal court. The whole point is to use the court to force government back into the narrow channels allowed to them. So from that perspective, Heller and McDonald don't trouble me at all. The need to overturn bad laws was predicted right from the get-go.

The founders also worried that the federal courts wouldn't do what they were designed to do. For a long time those worries seemed without foundation, but somewhere after the civil war the courts started proving that they wouldn't necessarily act to uphold the letter and intent of the constitution. In fact, Slaughter-House was (to my knowledge) the first time that the Supreme Court deliberately thumbed it's nose at the legislative branch, and the plain meaning of a portion of the constitution. It wasn't the last time.

Since the 1930's, we've had a long, tortured history of the federal courts deliberately, step by step, working to dead letter the Second Amendment. They used some seriously broken logic to do it too. That we somehow ended up with Heller and McDonald was actually a bit of a historical oddity when viewed against the actions of the courts relative to gun control throughout the 20th century.

Now that the lower courts are fixated on the In The Home argument, this is just more of the same dead-lettering activities that the courts have engaged in for 80 years. We could have put an end to that nonsense with a Republican President and the promise of an originalist SCOTUS for decades to come. But with the country voting liberal, the lower courts are content to bide their time, delay, and wait for the composition of the Supreme Court to change so they can dead letter the Second Amendment once and for all.

This, they will do unless we work to protect or even strengthen the originalist philosophy in the federal courts. You can count on it.
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Last edited by bulgron; 12-04-2012 at 3:25 PM..