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Supreme Court and 2nd Amendment

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posted on Mar, 23 2008 @ 03:39 PM
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The 2nd Amendment case in front of the Supreme Court right now should become a landmark case. If they rule it is a fundemental right then that triggers a strict scruitny standard and anti-gun laws will be heading to the courts in almost every state. If they qualify it some other way then it may just be subject to intermediate scrutiny.
The importance of this decision is huge for those of you that think marshall law is just over the horizon. (I don't of course)
Now, if I was tech savy I would link something here but I'm not.
The case of course is about the total hand gun ban law in D.C. But the court appears to be looking at the 2nd amendment and define it for the first time in our nations history. This should be huge like I said.
For all the anti-government Ct's you should be watching this carefully.
I would even suggest your concerns are warrented if they come back with some lame convoluted decision that still would prohibit a law abiding citizen to own any type of gun. (The government can always regulate so don't be expecting the keys to the armory)
This is such a great opportunity for regular citizens to witness and understand how one of our most important branches works. I mean read the entire 2nd amendment, it is just a couple of sentences long. No one with at least a high school degree should have any problem following this issue.
I am interested in hearing predictions from any of you. Do you think the Court will rule it is a fundamental right?
Do you think they will consider the National Guard as being the "regulated militia" are they the protectors of "a free state"?
Did Bush senior change all of that by giving federal money to the state guards, (i.e. G.I. bill) and so the Federal government really controls the National guards in all the states?
The founding fathers created this amendment to protect us from a military coup, or dictator. Will the Supreme Court recognize this?
I am betting that the Court rules it is a fundamental right but will leave room for regulation and can't wait to see how those regulation don't "infringe" on that fundamental right.
Even if right now I think the marshall law theory is just wack, this Court decision could have me running to join these people.
What do you think?




posted on Mar, 23 2008 @ 08:25 PM
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The 2nd Amendment

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.



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