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Originally Posted by spence
Such spin. The early cases your referring to were decisions in context of militias. Later individual rights cases made no such argument.
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The Supreme Court has never endorsed a militia
dependent right. The right has always been recognized by SCOTUS to be possessed by individual citizens independent of any militia enrollment status or attchment.
Your chronology is backwards. The "militia right" and "state's right" interpretations first appeared in the federal courts in 1942 in two lower (Circuit) court cases. Those two opinions spun
US v Miller (1939) on its head and ignored /dismissed the determinations of SCOTUS to arrive at these new "collective right" interpretations.
Those theories held sway in the lower federal courts and state courts until
DC v Heller in 2008, where SCOTUS re-affirmed the individual right, relied on
US v Cruikshank (1876) and
Miller's precedent -- one prong of
Miller's protection criteria (in common use) -- to invalidate DC's statutes and 66 years of lower federal court perversions.
Quote:
Originally Posted by spence
This is a complex issue with many opinions and legal contradictions. It's a work in process.
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I agree. It will take decades to unwind the dozens of mid-20th Century lower federal court and state court decisions that sustained hundreds of unconstitutional gun control laws.
Quote:
Originally Posted by spence
To claim its black and white is just disengenuous.
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Says the guy that says a true examination of the issue is TLDR.