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To: Paleo Conservative
I think the court was really saying it is up to Congress to change the law if it wants to.

I think the law is flatly Unconstitutional, and would be found to be so by the Supreme Court. But this particular case didn't hinge upon the Constitutionality of this law per se, so this Supreme Court felt it out of place to express any opinion to that effect. To have done so would have been judicial activism.

81 posted on 12/10/2002 4:20:34 PM PST by Physicist
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To: Physicist
To have done so would have been judicial activism.

Yeah, can't have any of THAT protecting the Second Amendment! No wonder it was 9-0.

94 posted on 12/10/2002 4:42:07 PM PST by Teacher317
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To: Physicist
I think the law is flatly Unconstitutional, and would be found to be so by the Supreme Court. But this particular case didn't hinge upon the Constitutionality of this law per se, so this Supreme Court felt it out of place to express any opinion to that effect. To have done so would have been judicial activism.

I totally agree, and I could not have stated your points more concisely.

The Supreme Court will probably hear a case pretty soon due to the disagreement between the rulings of the 5th Circuit and the 9th Circuit on the nature of second amendment rights.

100 posted on 12/10/2002 4:51:45 PM PST by Paleo Conservative
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