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To: Cboldt
What is your objection to Heller?
92 posted on 04/20/2014 9:03:12 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: BuckeyeTexan
The logic of Heller bootstraps unconstitutional limitations into constitutional ones, as long as they become "long standing." And they can become "long standing" due to deliberate inaction by SCOTUS.

Scalia also reversed the logic and holding of the Miller case in order to find that the public has always been restricted from possession of military arms.

Separately, the McDonald case could have been handled decades ago, by correcting the chronic error by lower courts, who deliberately cherry-picked from Presser. SCOTUS decided inaction was prudent, and let the error stand (a lie repeated enough times becomes the truth). Presser, usually cited for the proposition that the states are free to limit the RKBA, also says this ...

It is undoubtedly true that all citizens capable of bearing arms constitute the reserved military force or reserve militia of the United States as well as of the states, and, in view of this prerogative of the general government, as well as of its general powers, the states cannot, even laying the [second amendment] out of view, prohibit the people from keeping and bearing arms, so as to deprive the United States of their rightful resource for maintaining the public security, and disable the people from performing their duty to the general government. But, as already stated, we think [116 U.S. 252, 266] it clear that the sections [of Illinois law] under consideration do not have this effect.
Presser v. Illinois, 116 U.S. 252 (1886)

The 2nd Circuit asserted just the opposite, FWIW, that Presser stands for the proposition that the states MAY prohibit the people from keeping and bearing arms.

Bach v. Pataki, 408 F.3d 75, 84, 86 (2d Cir. 2005) (holding "that the Second Amendment's `right to keep and bear arms' imposes a limitation on only federal, not state, legislative efforts" and noting that this outcome was compelled by Presser), cert. denied, 546 U.S. 1174 (2006).
Maloney v. Cuomo
95 posted on 04/20/2014 11:23:55 AM PDT by Cboldt
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