Goodbye 2nd Amendment

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Originally posted by ekrampitzjr:
Been following these posts with interest.

Never fall into the trap of trying to read too much into the US Supreme Court's refusal to hear a case. I've studied constitutional issues and Supreme Court decisions for some years, and here's what most scholars on these issues take pains to point out: The Supreme Court will avoid deciding basic constitutional issues whenever it can. That's as opposed to deciding whether aspects of new legislation meet constitutional requirements, etc.

The body will decide a basic issue such as this case only when it is forced to, such as when federal appellate courts in different parts of the country issue conflicting rulings on such an issue, which does not happen often. Actually, this Court as currently made up seems to have a libertarian streak, which could be a good thing if it decides to take on the issue of whether the 2d Amendment means what it seems to say.


Its great to hear from someone who appears to have a well grounded knowledge in the Constitution. I keep a copy nearby and and refer to it off and on. But information that you mentioned is certainly interesting. It is frustrating that some decisions made are probably not in accordance with the origional intent-but rather based on political decisions.
 
It's worth mentioning that the Supreme Court does have the power to pick up any case it wants without waiting for that case to be appealed up to its own level -- though it rarely exercises this power.

If the supremes don't pick up a case, then stare decisis holds, meaning their past decisions stand as law. And much to the chagrin of the lefties, the Supremes have in several key decisions declared the 2nd amendment to be an individual right. This will stand until they declare otherwise.
 
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