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To: OneWingedShark
-- if the Constitution bars the passage of Ex Post Facto law, then how can a law which is Ex Post Facto at its inception suddenly gain legitimacy? --

The mechanism is that a court first issues a nonsense opinion upholding the unconstitutional law. Then, with the passage of time, the law becomes long standing. And all long-standing prohibitions on the RKBA, whether they were constitutional to begin with is irrelevant, become constitutional.

That's SCOTUS-quality reasoning, see Scalia in Heller.

109 posted on 10/20/2014 3:55:20 PM PDT by Cboldt
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To: Cboldt
> The mechanism is that a court first issues a nonsense opinion upholding the unconstitutional law. Then, with the passage of time, the law becomes long standing. And all long-standing prohibitions on the RKBA, whether they were constitutional to begin with is irrelevant, become constitutional.
>
> That's SCOTUS-quality reasoning, see Scalia in Heller.

*sigh* — It's all true.
(And why I loathe the USSC.)

112 posted on 10/20/2014 4:43:08 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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