If this Supreme Court is consistent and not political it should overturn Heller (user search)
       |           

Welcome, Guest. Please login or register.
Did you miss your activation email?
April 29, 2024, 08:57:00 AM
News: Election Simulator 2.0 Released. Senate/Gubernatorial maps, proportional electoral votes, and more - Read more

  Talk Elections
  General Discussion
  Constitution and Law (Moderator: Okay, maybe Mike Johnson is a competent parliamentarian.)
  If this Supreme Court is consistent and not political it should overturn Heller (search mode)
Pages: [1]
Author Topic: If this Supreme Court is consistent and not political it should overturn Heller  (Read 718 times)
sparkey
Jr. Member
***
Posts: 1,103


Political Matrix
E: 6.71, S: -7.30

« on: June 10, 2022, 01:07:50 PM »

1.Roe V Wade was badly argued and poorly written.

The Second Amendment is poorly written (it doesn't make any argument that applies to modern society since the U.S now has a standing army.)

That could be used as an argument for overturning precedent set by a previous case, not a Constitutional amendment. The 2nd Amendment is written perfectly fine with 18th century grammar and vocabulary anyway.

2.Roe V Wade overturned historical precedent

Contrary to the lies of Antonin Scalia, Heller overturned historical precedent which through legislation regulating gun ownership had established that the Second Amendment provided for ownership of 'arms' in the context of a militia, and did not establish an individual right to own a gun.

Precedent is generally set by cases rather than legislation, and either way there's no such precedent. Arguments that Miller set this precedent are nonsensical, because if it had, the question would have been "was Miller in the militia?" but it was in fact "was Miller's gun useful for a militia?" which implies that the 2nd Amendment provides for individual ownership of firearms that are useful for a militia, not that they must be used in context of a militia.

3.Roe V Wade invalidated the legitimate concerns of the unborn fetus to life and, so, did not strike a proper balance between competing rights.

Heller invalidated the legitimate concerns of those living and dying with gun violence and so does not strike a proper balance between competing rights.

No rights are invalidated by the responsible keeping and bearing of arms, so there's no competing rights in the case of guns. Nobody is promoting legalizing murder.

4.Taking abortion out of the political arena creates division in society.
Taking gun ownership out of the politica arena creates division in society.

This standard could be used to help judge precedent on competing unenumerated rights, but of course not on enumerated rights.

5.Overturning Roe V Wade does not mean the Supreme Court bans abortion, it means it leaves it up to the people through their legislatures rather than to five random lawyers.

Overturning Heller does not mean the Supreme Court bans guns, it means it leaves it up to the people through their legislatures rather than to five random lawyers.

Although true about the effect of overturning Heller, this is of course not an argument to overturn Heller.
Logged
Pages: [1]  
Jump to:  


Login with username, password and session length

Terms of Service - DMCA Agent and Policy - Privacy Policy and Cookies

Powered by SMF 1.1.21 | SMF © 2015, Simple Machines

Page created in 0.025 seconds with 12 queries.