The King of Gun Rights Cases - DC v. Heller

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TALKSONLAW

TALKSONLAW

Күн бұрын

Пікірлер: 20
@exmcgee1647
@exmcgee1647 Жыл бұрын
Crucial point here that the Anti 2A side keeps missing/glossing over ; the Individual right is explicitly enumerated in over 40 State Constitutions and supported in prior case case law as well , such as Nunn v Ga . , Bliss v Commonwealth and still more . The preponderance of persuasive authority is markedly on the side of this being an individual right.
@VeniVidiVici456
@VeniVidiVici456 6 ай бұрын
The right to self defense is a God given right, period!
@AnotherJonDoe
@AnotherJonDoe Жыл бұрын
How frightful. Mr. Heller had a gun strapped to his side from 8am to 5pm protecting federal buildings, but could not have one in his night stand, protecting himself or his family at night.
@jimchambers7548
@jimchambers7548 Жыл бұрын
I have a S&W revolver with this case on the side. Great video👍
@joelhatescops
@joelhatescops 6 ай бұрын
Thanks!
@OceanGuy808
@OceanGuy808 Жыл бұрын
Thanks for the legal education. Your channel is very informative.
@ignazachenbach5406
@ignazachenbach5406 Ай бұрын
Justice Stevens' construction cannot reasonably be collected from the text, since he argued that the right of the people to keep and bear arms is not, in fact, a right of the people to keep and bear arms; but a right of States to maintain militias. And Justice Breyer's deference to government was repugnant, not only to the Bill of Rights itself (whose purpose was to restrict the government), but also to contemporaneous case-law. Courts don't defer to the government, for example, in determining what constitutes speech, per the 1A; or cruel and unusual punishments, as in the 8A. To suddenly and magically carve out an exception to the BoR in this one particular area just because “guns are bad,” as Justice Alito would later put it in _Bruen,_ would be disjunct from the approach in every other situation. Admittedly, the Court does defer greatly when it comes to the 10A and substantive-due-process. But (1) the Court still ultimately makes determinations for itself in both areas-and frankly should stop deferring in these areas for the sake of consistency; (2) the 10A is dead anyway, thanks to _Wickard_ and its progeny-though I wish it were otherwise; and (3) substantive due-process rights are, in the words of Justice Thomas in _McDonald,_ “a legal fiction.” (That said, the 9A just might be able to step in to replace this doctrine.)
@leroybarnhill3495
@leroybarnhill3495 10 ай бұрын
I believe what's missing from the militia/individual right discussion is the Militia Act passed in 1792 and required all able bodied males, age 16 to 45, to personally equipment themselves with arms, powder, projectiles, etc. These were personal arms also use in militia duties. After all, a firearm you use frequently, you know best. If the 2nd was meant to be a state right, why would it be included in a bill of personal rights or require arms to be procured at personal expense?
@gcvrsa
@gcvrsa 5 ай бұрын
At 4:00 Blocher is completely wrong again. The court did NOT split 5-4 on the question of whether the right described in Amendment II is an individual right. In fact, on that point the Justices agreed 9-0 that the right is an individual right unconnected with militia service. Even the dissenting Justices conceded this point. Where they differed was the extent to which the government could permissibly burden that right.
@gcvrsa
@gcvrsa 5 ай бұрын
At 6:27 the host and Blocher are both completely wrong. Heller does not grant any rights. Neither does the Constitution grant any rights. The right described in Amendment II and affirmed by Heller is, like all rights, pre-existing. It is a natural, inherent, and unalienable fundamental right that is merely enumerated in the Constitution for particular protection. This is Con Law 101 stuff, people.
@jaytackett6545
@jaytackett6545 8 ай бұрын
NO STATE SHALL PUT A LAW INTO LAW THAT VIOLATES ANY PART OF THE ORIGINAL CONSTITUTION LAW 2ND ADMENDMENT SHALL NOT BE INFRINGE UPON. 4TH ADMENDMENT PRIVACY ACT NO INFORMATION SHALL BE PROVIDED TO BUY ANYTHING ESPECIALLY GUNS. ALL LAWS UNDER THE CORPORATION WAS IN VIOLATION OF THE CONSTITUTION
@gcvrsa
@gcvrsa 5 ай бұрын
At 2:15 Blocher is completely wrong that the collective rights theory prevailed in the court for 200 years. That's just not true. The truth is that until Heller, the question had never been directly addressed by the courts, because it was never, ever seen in US jurisprudence as a "collective right", precisely because there is no such thing as a "collective right". The "collective right" theory was a fabrication by a single judge in the mid 20th-century, which gun control advocates seized upon and then repeated to themselves so many times that they came to believe it was historically accurate. The Heller decision *specifically* addresses this point and refutes it.
@gordonadams5891
@gordonadams5891 Жыл бұрын
Let's not forget that Justice Scalia, also in Heller, says the right to keep and bear arms is NOT unlimited.
@EnergyMaxWh
@EnergyMaxWh Жыл бұрын
But still shall not be infringed.
@exmcgee1647
@exmcgee1647 Жыл бұрын
That was never at issue . Also, dictum is not law .
@TomBarbashev
@TomBarbashev 9 ай бұрын
But he lists the ways it can be limited, which are very few. I see people say what you said and it seems that you're implying a lot more.
@lifeunderthemic
@lifeunderthemic 4 ай бұрын
Controlled opposition. Come on fellow 2A homeboys yo.. .. .. -Professor Duke University that's just like you and has the same interest in your rights.
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