11-06-2017, 10:01 PM
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#10
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Ledge Runner Baits
Join Date: Oct 2000
Location: I live in a house, but my soul is at sea.
Posts: 8,398
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Quote:
Originally Posted by ReelinRod
The Supreme Court has never endorsed a militia dependent right. The right has always been recognized by SCOTUS to be possessed by individual citizens independent of any militia enrollment status or attchment.
Your chronology is backwards. The "militia right" and "state's right" interpretations first appeared in the federal courts in 1942 in two lower (Circuit) court cases. Those two opinions spun US v Miller (1939) on its head and ignored /dismissed the determinations of SCOTUS to arrive at these new "collective right" interpretations.
Those theories held sway in the lower federal courts and state courts until DC v Heller in 2008, where SCOTUS re-affirmed the individual right, relied on US v Cruikshank (1876) and Miller's precedent -- one prong of Miller's protection criteria (in common use) -- to invalidate DC's statutes and 66 years of lower federal court perversions.
I agree. It will take decades to unwind the dozens of mid-20th Century lower federal court and state court decisions that sustained hundreds of unconstitutional gun control laws.
Says the guy that says a true examination of the issue is TLDR.
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And what year is it now? |
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