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Reply #75: Heller does apply to the entire UNITED States just (not yet) to the States [View All]

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Statistical Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-26-09 07:29 PM
Response to Reply #56
75. Heller does apply to the entire UNITED States just (not yet) to the States
You're making a lot of incorrect assumptions. First, the 'in common, lawful use' test relates only to specific classes of weapons. Expanding that to accessories is a bit far fetched. Also, Heller only applies to DC right now. You're assuming Heller will be universally applied to the rest of the US and that remains to be seen. Since the Heller ruling was nothing more than judicial activism to begin with and the court makeup could be different by the time the next case makes it to the USSC. Heller is by no means written in stone and only time will tell if it ever is.

Your belief that Heller only applies to DC show a lack of understanding.

Heller applies to the FEDERAL GOVERNMENT. The 2nd is a check against the Federal Govt power of it's citizens.
No serious legal scholar considers Heller limited to DC only. What a laughable concept.

The only question that remains is "is the 2nd ammendment incorporated to the states". Since DC was a Federal District (chosen intentionally) the question of incorporation rightly wasn't decided in Heller vs DC. Now that would be true activism if the Court had overreached and ruled on a question not before the court.

However there are lawsuits in both Chicago and California. Eventually one or both will make it back to SCOTUS and we will find out if the Heller decision limits state governments also. That is the only question remaining.

I wouldn't expect a change in the Court. The three most likely Judges to retire are the ones who decided against Heller. At best Obama will be able to make the liberal side of the court younger. To setup some future Democratic President with the ability to change makeup of the court.

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