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(sigh) more on Kerry
If I were a republican congressman bent on spiking Kerry's wheels, I'd float the 14th amendment resolution. "In the spirit of bipartisanship, we are offering to remove this disabillity from that treasonous SOB and allow the will of the people to prevail." Kerry would have to fight it tooth and... -
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the copyright clause and the Second Amendment
Ieyasu: See previous disclaimer. "Derogation" does mean a "partial repeal." In this sense, congress was given the specific authority to pass laws that would conflict with the common law. This stems from an understanding of the federal government being one of limited and specific powers... -
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the copyright clause and the Second Amendment
DISCLAIMER ON I do not specialize in intellectual property law. The opinion given is a gross generalization and oversimplification of a complex subject. This is also not advice given with regard to any specific case of factual scenario. Rely upon it at your own risk. DISCLAIMER OFF... -
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My views on gun ownership
Ieyasu: I took no offense at your comment, nor did I think that you meant to give it. My primary reason for posting is to engender constructive debate. The original poster on this thread had foreclosed such debate by arguing for a collectivist interpretation of the second amendment. The... -
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My views on gun ownership
Actually, I did bring Miller into the discussion, if only to illustrate a point by Prof. Reynolds. I also agree that the sheer weight of case law out there, most of it binding, argues against the individual right stance. However, I do not agree that the proper response is to allow the... -
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My views on gun ownership
I agree that the entire thrust of the Miller decision regarded whether the firearm in question was within the scope of those arms that an individual was entitled to keep and bear under the second amendment. That is the point. The court could not say whether the shotgun in question was or was... -
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My views on gun ownership
Just my first two cents on this forum: Here are some references that might be useful next time somone comes up with the "most scholars agree that the second amendment is a collective right" agrument: Reynolds, Glenn H., A Critical Guide to the Second Amendment, 62 Tenn. L. Rev. 461-512...