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To: meandog
Clement lost all credibility with me when he began to argue that strict scrutiny is not the appropriate standard of review.

No one will be able to make a logical, historically supportable argument that the second amendment does not protect a fundamental individual right.

65 posted on 03/18/2008 10:05:10 AM PDT by Abundy
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To: Abundy
Clement lost all credibility with me when he began to argue that strict scrutiny is not the appropriate standard of review.

Clement is effectively asking the SCOTUS to rewrite the DC law, literally requesting legislating from the bench.

72 posted on 03/18/2008 10:08:31 AM PDT by Carry_Okie (Grovelnator Schwarzenkaiser, fashionable fascism one charade at a time.)
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To: Abundy
No one will be able to make a logical, historically supportable argument that the second amendment does not protect a fundamental individual right.

By current court precidence, if the right is found to be fundamental right, then it gets applied to the states via the 14th amendment (I would of course argue that one of the main purposes of the Privileges and Immunities clause of the 14th did that from day one, but the Courts have not agreed..openly at least.)

492 posted on 03/18/2008 11:09:18 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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