Second Amendment
03-31-2008, 04:26 AM
#41
Giant Nontypical
Join Date: Feb 2003
Location: Texas - BUT NOW in Madison County, NY
Posts: 6,270
RE: Second Amendment
ORIGINAL: CalHunter
A few things come to mind. First, even a 5-4 decision in our favor is not likely to be reversed by another SC composition due to stare decisis (it's bad juju to keep reversing previously decided cases). 2nd, the DC lawyers' argument that the 2nd amendment refers to a state's right to arm a militia is historically defective in that all able bodied males over 17 were considered to make up a state's militia pool and each person was expected to supply their own weapon. In such a system, it obviously benefits the state if each able bodied person owns more than one weapon and that at least some of those weapons are capable of being used as military small arms (can anybody say assault weapons??). This case should get decided in our favor and should actually create a lot of state's ancillary cases due to the favorable ruling.
A few things come to mind. First, even a 5-4 decision in our favor is not likely to be reversed by another SC composition due to stare decisis (it's bad juju to keep reversing previously decided cases). 2nd, the DC lawyers' argument that the 2nd amendment refers to a state's right to arm a militia is historically defective in that all able bodied males over 17 were considered to make up a state's militia pool and each person was expected to supply their own weapon. In such a system, it obviously benefits the state if each able bodied person owns more than one weapon and that at least some of those weapons are capable of being used as military small arms (can anybody say assault weapons??). This case should get decided in our favor and should actually create a lot of state's ancillary cases due to the favorable ruling.
