05-03-2023, 01:09 PM
DeusxMac wrote:
[quote=Smote]
Violate the Constitution and try and ban handguns? The 2nd Ammendment guarantees the right to own firearms for common defense, and personal defense.
No, the Second Amendment itself does NOT say that!
“II. A well-regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.”
Further…
“Article 1, Section 8. The Congress shall have Power...”
“To provide for calling forth the Militia to execute the Laws of the “Union, suppress Insurrections and repel Invasions;”
“To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the militia according to the discipline prescribed by Congress;”
“Article 2, Section 2. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States;”
Smote wrote: Banning handguns would violate the Constitution. It has already been tried and ruled on.
- The Roe v. Wade decision was the law… until it wasn’t.
- The Dred Scott v. Sandford decision was the law… until it wasn’t.
District of Columbia v. Heller could ALSO be overturned!
It is true that how the Constitution is applied is determined by the Supreme Court so it isn't "wrong" to say that such and such is unconstitutional if a set of Supreme Court justices rule that such and such is not consistent with the Constitution. But you are wholly correct that saying such and such is Constitutional because a set of Supreme Court justices have ruled that way is not the same as saying such a ruling is objectively true independent of what a set of Supreme Court justices rule. If Smote is implying that it is objectively true that the Constitution says such and such then that is incorrect. In fact, there are no objectively true interpretations of the Constitution, there are only currently accepted interpretations by a set of Supreme Court justices. And those rulings can always be overturned by a future set of Supreme Court justices.