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To: Gondring

Footnote 27, page 56 - Scalia dismisses rational basis.

However, he dismissed citing footnotes earlier in the opinion.

How machavellian.


929 posted on 06/26/2008 3:53:25 PM PDT by patton (cuiquam in sua arte credendum)
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To: patton; hadit2here
Last graf, p 55...
But as we have said, the conception of the militia at the time of the Second Amendment’s ratification was the body of all citizens capable of military service, who would bring the sorts of lawful weapons that they possessed at home to militia duty.
A bit of circular reasoning there. How can an arm be made unlawful if not by passage of a law? If, prior to the law's passage, all weapons are legal (and the constitution covers "...the sorts of lawful weapons that they possessed at home...", then the law would be unconstitutionally restrictive...and therefore void.

Scalia had fun with this (e.g., "Grotesque"), but it's weaselly at times, too.

But it will sure please those who are interested in a slow erosion of our rights couched in "reasonable" restrictions. President Bush will be very happy.

Still, it might be about as good as we could hope for in a dying Republic. :-(

960 posted on 06/26/2008 5:04:06 PM PDT by Gondring (I'll give up my right to die when hell freezes over my dead body!)
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