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BHMCruiser

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Everything posted by BHMCruiser

  1. lol where did you get that list? Rybar was about a machine gun, Hickman was about a carry permit, Quilici held the Second Amendment hadn't been incorporated yet (and was really a 9th Amendment case). None of these have anything to do with Heller which held that the government could not ban firearms that were commonly kept for lawful purposes by responsible, law-abiding citizens (and little more than that).
  2. Which jurisprudence do you think Heller "shifted" away from?
  3. Okay I basically agree with Heller and McDonald's explanation of the right and its contours. Hope that helps.
  4. You're jumping to the end without doing any analysis. You say it's a collective right, but don't support that determination at all. The Second Amendment definitely does not "confer" an individual right on anyone. It protects a pre-existing right to keep and bear arms as understood at the time of the Founding. Do you have a right to have a weapon? Under our constitution, yes. Do you have the right to self-defense? As a matter of natural law and English common law at the time of the Founding, yes you do. Do you have a right to armed self-defense? Yes. This is two great tastes that go great together.
  5. I don't even know what this means. Enlighten me. What is the Second Amendment actually for, and what do I think it is for? If your position is that it's not to protect the right to keep and bear arms (whatever that means) you're going to have an uphill slog.
  6. The Second Amendment protects the right to keep and bear arms. What that right "is" is defined by the history and tradition at the time of the founding. Self-defense is its own common-law phenomenon, as is armed self-defense.
  7. The Second Amendment may be unique because it deals with a specific issue, but that doesn't mean that you can just pretend it does not exist, that it's vestigial, that it does not make sense in the modern era, etc.
  8. I don't find your argument very compelling. You say there are no other collective rights (which I think is a strong inference that there are no collective rights in the BoR at all, rather than the Second Amendment is an exception for some reason). I think you're just wishing the right away.
  9. agreed just saying you can still be a originalist and allow for technological advancement, as long as the principles are maintained
  10. What are the other collective rights in the Bill of Rights?
  11. As in, Antonin Scalia, if he was being intellectually honest, would have thought the Air Force was unconstitutional?
  12. So an originalist would say the First Amendment does not protect email, television, etc, because those modalities did not exist at the time of the founding?
  13. Agreed. It ignores the Ninth Amendment - "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
  14. I agree. I thought Cox had some health problems but maybe I misremember.
  15. He looks terrible. They need to film whatever they're going to film sooner rather than later.
  16. She didn't say it to turn him on. She said it to turn herself on because it degraded him and she wanted to humiliate him.
  17. Best part of the episode. I think he was just being an asshole to underscore how weird he thought Ken was acting.
  18. I’m a regular nose-breathing moron, thank you very much
  19. He lost me when he took no action to stop the rioting at the Capitol.
  20. No unless he's running against Hillary Clinton
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