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To: oceanview

" because once they do, everyone gets those laws, in every state."

Not exactly. The states could still have stronger protections than the minimum that the Court reads into the 2A. State constitutions can (and often are) read by their state supreme courts to have more protection of rights than the federal Constitution.

Kelo was wrong because it essentially eliminated any REAL check on eminent domain by the federal courts (Despite what the Constitution says on the matter.) At this point, there is NO check by the SCOTUS in the area of the 2A, so any improvement in that direction would be a good thing. At this point, I don't think the Kelo fears are justified.


652 posted on 03/09/2007 5:36:26 PM PST by NinoFan
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To: NinoFan

I agree with you there - that's where this is going to end up - it remains with the states, with a federal "don't cross this line" minimum protection in place.

how the SCOTUS crafts this, is going to be interesting. I wonder if anthony kennedy was a part of any decisions on 2A while he was on the circuit court.


653 posted on 03/09/2007 5:42:41 PM PST by oceanview
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To: NinoFan
The states could still have stronger protections than the minimum that the Court reads into the 2A.

Or weaker.

699 posted on 03/09/2007 10:12:32 PM PST by Mojave
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