Gun Control & RKBA
In reply to the discussion: Can you be a Progressive Democrat and still the support the Second Amendment? [View all]gejohnston
(17,502 posts)There is no SCOTUS precedent that supports the "group rights" claim. None. All of the other 2A cases previous to Heller were decided based on pre incorporation actions of state governments. Since I happen to think Barron v. Baltimore was wrongly decided and led to civil rights disasters, only adds more "fuel to my fire". US v Miller simply ruled that no evidence presented that a sawed-off shotgun, which is less regulated in Canada than here, is a military weapon. If it were a Thompson, NFA would have been stuck down using their logic.
https://en.wikipedia.org/wiki/United_States_v._Miller
No, Scalia did not ignore the prefatory, which is all it is. To say that it was more than that would also say that it gives state government rights, or that it protects group rights. The concept of "group rights" did not exist in any context at the time. It was also antithetical of Natural Law based liberalism at the time. It is still antithetical to liberalism, along with other collectivist nonsense like "common good" or any of the collectivist shit the right wing throws.
The BoR is a LIMIT ON GOVERNMENT, not on individuals. That is a simple fact. The tenth Amendment specifically limits the federal government.
https://papers.ssrn.com/sol3/papers2.cfm?abstract_id=960810
BTW, the reason the registration and tax on automatic weapons etc. instead of a ban under the NFA was because the sponsors of the bill predicted that a ban would be struck down.
http://www.thetruthaboutguns.com/2017/02/dean-weingarten/review-1934-national-firearms-act-original-bill-hearings/
Here it is for download in Google Books
https://books.google.com/books?id=DFwWAAAAIAAJ&pg=PA30&lpg=PA30&dq=Ammunition+production+1933+United+States&source=bl&ots=0JmLL4BUSj&sig=l1u06tA3BLF_XoDf0ot0l3qhm30&hl=en&sa=X&ved=0ahUKEwj6iN6NwPbRAhVIz1QKHWKSDtc4ChDoAQgZMAA#v=onepage&q=Ammunition%20production%201933%20United%20States&f=false
The scholarship is on my side, not yours.