usmarine0352_2005
member
- Joined
- Oct 21, 2005
- Messages
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1.) McDonald and Heller were weak decisions, thus precedent may not apply. (Or both cases may even be over-turned someday)
http://www.fredericknewspost.com/sections/opinion/display_columnist.htm?StoryID=107195
2.) Strict Scrutiny will apply to the 2nd Amendment:
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1.) McDonald and Heller were weak decisions, thus precedent may not apply. (Or both cases may even be over-turned someday)
http://www.fredericknewspost.com/sections/opinion/display_columnist.htm?StoryID=107195
Those justices who oppose the Heller and McDonald decisions are apt to continue to oppose them, maintaining that they were wrongly decided. Therefore, these decisions will not be accepted as establishing precedent for future cases involving the Second Amendment.
2.) Strict Scrutiny will apply to the 2nd Amendment:
Even the 7th Circuit says this:
Russ v. Watts, 414 F.3d 783, 789 (7th Cir. 2005) (Illinois) (citing Wash. v. Glucksberg, 521 U.S. 702 (U.S. 1997)).
The United States Supreme Court has articulated a two-part analysis for substantive due process claims: First, the Court has regularly observed that the Due Process Clause specially protects those fundamental rights and liberties which are, objectively, deeply rooted in this Nation's history and tradition, and implicit in the concept of ordered liberty, such that neither liberty nor justice would exist if they were sacrificed. Second, it has required in substantive-due-process cases a careful description of the asserted fundamental liberty interest. A strict scrutiny test applies; the Fourteenth Amendment forbids the government to infringe fundamental liberty interests at all, no matter what process is provided, unless the infringement is narrowly tailored to serve a compelling state interest.
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