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Politics : Formerly About Advanced Micro Devices
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To: tejek who wrote (142433)2/5/2002 4:45:28 PM
From: TimF  Read Replies (1) of 1577332
 
I can say that most of the cases you cite are based on state law as they relate to the 2nd amendment. State courts have often interpreted the Constitution differently from the Sup. Ct. And that's not surprising since there are biases involved with the lower cts that are supposed to be beneath the Sup. Ct.

Almost every case I posted was a supreme court case. Several of them where ones you had mentioned that I was giving more complete details of. I would ask you to atleast read the section on the Miller case as it is one that you use to claim the supreme court said the right was not an individual right and it did not say this. If you don't want to wade through the whole thing to find the Millar part I can PM that section to you or repost it.

I think there were two cases that were two Sup. Ct cases you cited.............one had to do with the rights of blacks in general and not an interpretation of the rights to bear arms clause.....same with the other case, the focus was not the right to bear arms.

Those where only two of the Supreme Court cases that I posted. I wouldn't have bothered with those except they where early cases and also the court rarely deals with this issue head on. Those cases where not about the 2nd ammendment directly but the decisions make it clear that the supreme court at that time viewed the right to be an individual one.

As for the latest case that Eric posted, apparently a lower court has put out a ruling that diverges from the other 30 lower court rulings.

I think you miscategorize the rulings. The one Eric posted was not the only one that said the right was an individual right. Most of the others that involved the 2nd amendment or gun control at all, followed the supreme court's preference for dancing around the issue and did not directly say that the right was an individual right or that it was not.

If the court did outright declare the 2nd amendment to be an individual right, would you accept that ruling? If not I'm not sure how useful it is to argue about court decisions.

Tim
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