Stormy Daniels
Gold Member
- Mar 19, 2018
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The case was wrongly decided. It just be overturned. There is no deeply held tradition in the United States that states cannot restrict citizens keeping and bearing arms.
Prior to the McDonald decision, the 2nd amendment only applied to the federal government. The power to restrict the keeping and bearing of arms was a power reserved by the states. In McDonald, the court created something out of think air that did not exist before, discarding states' rights in the process. The court said, for the first time ever, that all of a sudden the restrictions on the federal government under the 2nd amendment, are also restrictions on the states.
This is clearly NOT in keeping with the deeply held traditions of the United States. This is brand new, out of nowhere. In fact, going all the way back United States v. Cruikshank, 92 U.S. 542 (1875) and further back to Barron v. Mayor & City Council of Baltimore, 32 U.S. 243 (1833), the Supreme Court recognized that the Bill of Rights did not limit the states, only the federal government.
So the decision in McDonald is contrary to the deeply rooted traditions of the United States, which means it is wrong, according to Justices Alito and Thomas. It must be overturned.
Prior to the McDonald decision, the 2nd amendment only applied to the federal government. The power to restrict the keeping and bearing of arms was a power reserved by the states. In McDonald, the court created something out of think air that did not exist before, discarding states' rights in the process. The court said, for the first time ever, that all of a sudden the restrictions on the federal government under the 2nd amendment, are also restrictions on the states.
This is clearly NOT in keeping with the deeply held traditions of the United States. This is brand new, out of nowhere. In fact, going all the way back United States v. Cruikshank, 92 U.S. 542 (1875) and further back to Barron v. Mayor & City Council of Baltimore, 32 U.S. 243 (1833), the Supreme Court recognized that the Bill of Rights did not limit the states, only the federal government.
So the decision in McDonald is contrary to the deeply rooted traditions of the United States, which means it is wrong, according to Justices Alito and Thomas. It must be overturned.
United States v. Cruikshank, 92 U.S. 542 (1875)
United States v. Cruikshank: The right to keep and bear arms exists separately from the Constitution and is not solely based on the Second Amendment, which exists to prevent Congress from infringing the right.
supreme.justia.com
Barron v. Mayor & City Council of Baltimore, 32 U.S. 243 (1833)
Barron v. Mayor & City Council of Baltimore: The Bill of Rights applies only to the federal government rather than state or local governments, since there is no textual evidence to support a different view.
supreme.justia.com