How Scalia Botched Heller and Let the Left Undermine the 2nd Amendment

www.americanthinker.com | 1/15/2020 | Staff
moemajormoemajor (Posted by) Level 3
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Twelve years after the Supreme Court ruled that the right to keep and bear arms is an individual right "unconnected with service in a militia," the Second Amendment is in worse shape than ever. New York; California; Massachusetts; Connecticut; and Washington, D.C., with a combined population of 70 million, have outlawed the sale of most semi-automatic rifles and all gun magazines capable of holding more than ten rounds to the public. Colorado, New Jersey, Vermont, Maryland, and Hawaii also have restrictions on magazine capacity. Seventeen states have so-called "red flag" laws, allowing the summary confiscation of a person's firearms on hearsay, even if that individual has not been charged with a crime. A number of states have banned the sale of firearms between private parties, and New York and California prohibit the sale of ammunition without a government background check and registration of the purchase with the police.

None of this legislation has been declared unconstitutional in court.

Party - €? - Handful - Exceptions - Sens

The Democratic Party — with only a handful of exceptions, such as Sens. Manchin and Tester — is committed to passing identical legislation on a national level the next time it wins majorities in both houses of Congress and captures the White House.

The blame for all of this can be placed squarely on the late Justice Antonin Scalia, author of the majority opinion in District of Columbia v. Heller.

Heller - Landmark - Decision - Triumph - Jurisprudence

Heller was hailed as a "landmark" decision — a triumph of conservative jurisprudence and Scalia's philosophy of "originalism" — when it was decided in 2008. But the intervening years have demonstrated that the argument he presented in his opinion was unsound and contained language that enabled the political left to enact most of the gun control it wanted anyway.

Scalia began by rejecting the argument, held by dissenting Justice John Paul Stevens and by the gun-control lobby...
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