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To: jwalsh07
Massachusetts is making a cultural statement in the culture wars I suspect, because the proposed law has little or nothing to do with crime control, and may well be counterproductive, but I doubt SCOTUS will find there is an individual right to bear arms, if it comes before them. I suspect they will defer to the legislatures. The second amendment is just too ambiguous. When ambiguous, defer. I know your team tries to argue to the contrary, but from what I know, it is an uphill battle.

The good news is the Congress will not go there. Lott made a huge difference, in changing the terms of debate on gun control. It sucked the oxygen out of the "gun grabbers" on th issue. Ideas backed with data matter, they really do, in this case that an armed society really does seem to engender a polite society, based on the data. It changed my view. But Mass as I said wants to make a cultural statement. It gives meaning to the state of being of being a New England activist. It is in the genes of the place, which genes somehow managed to be passed on from the Puritan Calvinists to the Catholics. The Yankees in New England won, even while losing out demographically. Which reminds us, that it isn't all about demographics either.

120 posted on 11/26/2005 6:22:23 PM PST by Torie
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To: x

You might want to weigh in on this one. Regards.


121 posted on 11/26/2005 6:27:57 PM PST by Torie
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To: Torie
Volokh was once dubious about the 2nd being an individual right as well. He no longer is.

It may surprise you to know that prior to Alito at least 5 justices on the Rehnquist court have asserted the individual right theory or concurred with others who have asserted such.

I think it is probable that the SCOTUS with Alito would affirm the individual right while also affirming the power of states to regulate same. However, I think that same court would strike this particular Massachusetts law and the Supreme Court of Mass should as well based on their own Constitituion.

149 posted on 11/27/2005 10:45:08 AM PST by jwalsh07
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