To: scalia_#1
I'll take my constitutional support for gun rights anywhere I can get it.
Knee jerk 'conservatism' on this forum is disguising a lot of majority rules statism. -- Many here think that states like CA can 'regulate' the RKBA's virtually out of existence.
-- Basic rights can not be prohibited by ANY level of government.
51 posted on
10/22/2002 3:09:52 PM PDT by
tpaine
To: tpaine
I'll take my constitutional support for gun rights anywhere I can get it.
There's nothing "knee-jerk" about supporting the Second Amendment based on the Amendment's text and its intent, and the constitutional structure. I can't follow you, however, into the quicksand of substantive due process, which is precisely what Poe stands for. Substantive due process: the idea that constitutional protections can be extended to anything that a majority of justices are willing to slap with a "LIBERTY" tag. It is a concept that defies a textual interpretation of the Consitution, and therefore defies the very purpose of a written constitution. It replaces the solid foundation of judicial review with the nascent tyranny of judicial rule. It is the epicenter of our current constitutional schism, and from its extra-constitutional abyss has arisen such notable monstrosities as Lochner, Griswold, and Roe. The right to keep and bear arms is too important to be thrown to the whims of courts, and too treasured to be slapped with the appellation of "right created by judge."
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