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To: WXRGina
What bull crap. Why would we not want to force judges to use strict scrutiny on right to keep and bear arms issues in Alabama? Why would we want to NOT increase restrictions on government?

I'll never understand why some people work to defeat their own position. I think those who oppose this do not understand the judicial concept of strict scrutiny.

But whatever. There will eventually be bloodshed defending out right to keep and bear arms from government infringement. Might as well not constrain government further. Let's get this party started.

5 posted on 10/09/2014 3:59:06 PM PDT by backwoods-engineer (Blog: www.BackwoodsEngineer.com)
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To: backwoods-engineer

“Strict scrutiny” is the language of judicial jurisprudence. Its use and interpretation is entirely the invention of judges. Jurisprudence means basically judge-made law, that is, that future decisions of the court build on past decisions and stare decisis instead of the original language and intent of the law or constitution. Jurisprudence is the opposite of a written constitution. And taking language that has no history or meaning other than in jurisprudence and putting it in a constitution is just plain dangerous to the constitution.

Hope that helps.


10 posted on 10/09/2014 4:18:54 PM PDT by UnbelievingScumOnTheOtherSide (ISLAM DELENDA EST)
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To: backwoods-engineer
The amendment is clear AS IT CURRENTLY STANDS!

That should read, the Alabama Constitution's Declaration of Rights concerning the right to bear arms is clear AS IT CURRENTLY STANDS!

11 posted on 10/09/2014 4:21:07 PM PDT by WXRGina (The Founding Fathers would be shooting by now.)
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To: backwoods-engineer

Agreed. Strict scrutiny is the highest level of judicial review. If even the punctation of a purposed statue violates the State RKBA, it would be struck down.


15 posted on 10/09/2014 4:30:36 PM PDT by Dead Corpse (A Psalm in napalm...)
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To: backwoods-engineer
strict scrutiny

The argument of the tyrant is staring you in the eye, and you blink.

Go Bama!
23 posted on 10/09/2014 4:40:41 PM PDT by logitech (It is time.)
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To: backwoods-engineer

the problem is obvious to me. My definition of “strict” and say,former Mayor Bloomberg’s definition will be polar opposite. You can’t leave un-drawn lines for politicians and government. The wording should be simple. “Citizens have a natural right to bear arms and this amendment is a guarantee that no authority can infringe on said God-given right, ever”. <- Period


26 posted on 10/09/2014 4:42:50 PM PDT by FunkyZero (... I've got a Grand Piano to prop up my mortal remains)
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To: backwoods-engineer
Before the inclusion of that statement it is an unalienable right, i.e. it is not possible to have it taken or given up. Any previous actions abridging it are inherently illegal and unconstitutional. AFTER inclusion of that statement the right is theoretically open to interpretation and abridgement.
39 posted on 10/09/2014 6:13:33 PM PDT by Axenolith (Government blows, and that which governs least, blows least...)
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