RE: Stuck In The Middle With You
July 3, 2016 at 6:47 pm
(This post was last modified: July 3, 2016 at 6:48 pm by Jackalope.)
@Rhythm - I think it's a more complicated issue than what can be represented by the choices in your poll.
District of Columbia v Heller (2008) found that the US Constitution guarantees an individual right to keep and bear arms. We could argue the merit of the arguments pro and con in that case, but regardless it remains settled constitutional law. Furthermore as the decision came from the current court plus Scalia, it seems unlikely to be revisited any time soon. It seems even more unlikely that the second amendment would be repealed any time soon.
I think it's safe to assume that for the foreseeable future, gun control bills are going to be bound by that decision.
The question, in abstract becomes roughly - by what standard shall we use to deny by administrative action (i.e. without judicial oversight) a person of an individual right? If Congress decides on one standard, is that one standard then possibly applicable to any constitutionally guaranteed right?
Personally, I'm willing to accept a lesser standard with respect to the 2nd than I am to the 1st, 4th and 5th (to name a few).
The question is, can that be done constitutionally? I don't know the answer to that, and my answer to your question very much depends on what precedent such action sets for other individual rights being infringed by administrative action.
I don't know. I wish I did.
District of Columbia v Heller (2008) found that the US Constitution guarantees an individual right to keep and bear arms. We could argue the merit of the arguments pro and con in that case, but regardless it remains settled constitutional law. Furthermore as the decision came from the current court plus Scalia, it seems unlikely to be revisited any time soon. It seems even more unlikely that the second amendment would be repealed any time soon.
I think it's safe to assume that for the foreseeable future, gun control bills are going to be bound by that decision.
The question, in abstract becomes roughly - by what standard shall we use to deny by administrative action (i.e. without judicial oversight) a person of an individual right? If Congress decides on one standard, is that one standard then possibly applicable to any constitutionally guaranteed right?
Personally, I'm willing to accept a lesser standard with respect to the 2nd than I am to the 1st, 4th and 5th (to name a few).
The question is, can that be done constitutionally? I don't know the answer to that, and my answer to your question very much depends on what precedent such action sets for other individual rights being infringed by administrative action.
I don't know. I wish I did.
