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To: SWAMPSNIPER
Heller had to do with the federal government, not states, so SCOTUS couldn't make a ruling binding on the states. The selection of the plaintiff[s] in Heller was very deliberate. The federal enclave was one example, so as NOT to muddy the waters with the state vs. federal question.

The selection of the individual plaintiffs is another example. The case didn't arise as many do, from the arrest of a guy we all know is a bad guy, whose conviction is appealed over some aspect of Constitutional procedure. Dick Heller was a security guard who carried a gun all day and somehow managed never to shoot anyone who didn't need shooting, so how could DC say that it would be dangerous to let him have a gun at home?

The case was manufactured in a sense. I think Heller intentionally moved to DC in the seventies just so he could eventually bring this case. Heller was smallball in a sense, leaving SCOTUS no excuse to find against him. Having secured a beachhead with a victory in a case with extreme regulation in a federal enclave and a sympathetic plaintiff, and a finding that 2A is indeed an individual right, they can now use that as a stepping stone to more useful rulings.

11 posted on 06/11/2009 5:04:26 PM PDT by Still Thinking (If ignorance is bliss, liberals must be ecstatic!)
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To: Still Thinking
Heller was smallball in a sense, leaving SCOTUS no excuse to find against him.

If the Court is ever tilted in favor of the Constitution, a similar approach would be good for dealing with NFA'34: have the Second Amendment Foundation register an M16A1 for $200 and sue for a refund of the tax amount. That was the approach used by Thompson/Center v. U.S., which established that a collection of parts which could be assembled into either a pistol or a short-barreled rifle does not constitute a short-barreled rifle unless it is actually assembled as one.

12 posted on 06/11/2009 10:17:08 PM PDT by supercat (Barry Soetoro == Bravo Sierra)
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