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| Re: Trump Nominated As GOP Candidate For President (1381433) | |||
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Re: Trump Nominated As GOP Candidate For President |
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Posted by Dave on Thu Jul 21 07:31:54 2016, in response to Re: Trump Nominated As GOP Candidate For President, posted by Olog-hai on Wed Jul 20 22:48:02 2016. SMH. The Framers intended only to restrict Congress from legislating away a state's right to self-defense.You say, "shall not be infringed". To understand why all constitutional rights can be infringed, you need to understand the levels of scrutiny which SCOTUS uses to make such a determination. When it comes to fundamental rights, if the government can show that they have a compelling purpose for passing a law, and the law is necessary to effectuate this compelling purposes, as well as narrowly tailored so that it accomplishes this purpose in the least restrictive means, SCOTUS will generally uphold the infringement on the right. On the other hand, if the government cannot meet this high burden, the Court will rule that the law is unconstitutional. In DC v. Heller, Justice Scalia writing for the majority explicitly stated: “Like most rights, the right secured by the Second Amendment is not unlimited." Meaning that it CAN be infringed. |
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