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Politics : Formerly About Advanced Micro Devices

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To: TimF who wrote (142434)2/5/2002 5:25:08 PM
From: tejek  Read Replies (2) of 1576881
 
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.


The Miller case is one I also posted from the Brady Center.......from what I understand in reading the ruling, the Court states that "the right to bear arms" was referring to state militias, and was inserted to satisfy the anti-Federalists who wanted more power dispersed to the states. It was never intended for everyone to carry a a gun.......that's the spin the NRA has put on it.

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.

There have been 30 lower court cases that pretty much agree with the Sup.Ct.

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.

No...first the rulings of the lower courts only pertain to the jurisdiction they cover. Even if they are a federal court, they do not have the last word. All someone has to do is file an appeal and its bumped up to the Sup.Ct. That's why its only the Sup. Cts. rulings about which I care.

ted






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