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Old 11-29-2012, 21:32   #17
The Oracle
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Join Date: Oct 2006
Location: Earth
Posts: 1,243
No disrespect intended, but I did not respond to this thread again because every one of the responses was so far off the mark in terms of exhibiting an understanding of any of the following crucial issues that I felt there was nothing to be gained by further discussion;


1. The history of judicial review, specifically related to levels of scrutiny accorded to Second Amendment issues.

2. The nature of the Supremacy Clause as it relates to Federal power and state sovereignty.

3. The spheres of power given to Federal and state governments, and the likelihood that a state law/constitution which prevents/interferes with a Federal objective will be struck down.

4. The specific political philosophies underpinning the Supreme Court's repeated decisions to NOT use strict scrutiny as the standard of review related directly to a deference to legislatures, (both state and federal) to formulate reasonable gun laws, and this deference is also accorded to maintain a balance of power between the 3 branches of government (whether state or Fed).

5. The significance of the Heller (also see McDonald) decision as it relates to declaring an individual right to keep and bear arms an Individual, and FUNDAMENTAL Right, ....and still deciding NOT to use strict scrutiny as the standard of review for this particular Fundamental Right.





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