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Old 12-10-2011, 10:55   #65
TheJ
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Join Date: Jan 2011
Location: GA
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Quote:
Originally Posted by WarCry View Post
Why do you believe the 2nd Amendment should be the only absolute right of the Bill of Rights? None of the others are.
Personally, I've never said it should be absolute. Why do you believe it deserves less protection then the others though?

The pen IS mightier then the sword and yet we don't need to get a permit to exercise free speech.

Quote:
Originally Posted by TheJ View Post
.... I believe the SCOTUS Heller decision reaffirmed the individual rights of the 2A and McDonald "incorporated" them to the states. They said that the right of self defense and to have firearms is a "fundamental right", just like the 1A. And just like the 1A, it applies to the states. Every state ratified the constitution. So the states rights argument on 2a is somewhat fallacious. The SCOTUS did say there is room for some restrictions (just like the 1A) but the bar for restrictions on a fundamental right is exceedingly high (just like the 1A).

It is true that many of the most onerous of the thousands of state/local laws, won't disappear overnight though. Strategic civil rights litigation like that which is being undertaken by the Second Amendment Foundation takes time and must be done methodically to be the most effective. But if done correctly, with time, we will be emancipated from the enslavement of onerous firearms restrictions eventually.
I believe the SCOTUS got this right and that is not absolute.
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The test of a first rate intelligence is the ability to hold two opposed ideas in the mind at the same time, and still retain the ability to function. -F. Scott Fitzgerald
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