tag:blogger.com,1999:blog-6314891743204395487.post3510164942187208679..comments2024-02-05T03:41:13.688+01:00Comments on Mikeb302000: Judge Richard Posner on Scalia's dismissal of the first clause in the Heller decisionAnonymoushttp://www.blogger.com/profile/09806175370305006933noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-6314891743204395487.post-51275877975994780802014-06-21T17:30:06.427+02:002014-06-21T17:30:06.427+02:00I'd take it a step further. If it was about t...I'd take it a step further. If it was about the militia then it's meaningless today. Simple.Anonymoushttps://www.blogger.com/profile/09806175370305006933noreply@blogger.comtag:blogger.com,1999:blog-6314891743204395487.post-18390124687051870482014-06-19T17:29:07.702+02:002014-06-19T17:29:07.702+02:00Scalia can hold any opinion on any issue he wants....Scalia can hold any opinion on any issue he wants. His mistake is on insisting the meaning intended in 1789 cannot change. Not to mention he just could be wrong about his interpretation of the original intent anyways. If he is such a scholar, how can he just ignore what Madison said about the second amendment, at the time, which clearly was referring to the health and needs of a militia, not individuals. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6314891743204395487.post-90678110708655486032014-06-19T11:20:23.713+02:002014-06-19T11:20:23.713+02:00Interesting.Interesting.Anonymoushttps://www.blogger.com/profile/09806175370305006933noreply@blogger.comtag:blogger.com,1999:blog-6314891743204395487.post-42650281222551513002014-06-19T00:52:48.697+02:002014-06-19T00:52:48.697+02:00"They do not make law: that is the job of leg..."They do not make law: that is the job of legislators, and for the authors and ratifiers of constitutions. They are not Apollo; they are his oracle. They are passive interpreters. Their role is semantic."<br /><br /> Fortunately, Judge Posner seems able to separate his personal feelings from his professional ones. Posner voted to overturn Moore vs. Madigan which took the state of Illinois from a no issue state to a shall issue state. And in fact Heller was even cited in the opinion which Posner himself seems to have written.<br /> <br />"Judge Posner, writing for the majority, notes that while the Heller and McDonald decisions did say that the need for self-defense is most acute inside the home, that doesn't mean it is not also acute outside the home. "Confrontations are not limited to the home".[4] The distinct use of the words "keep" and "bear" in the text of the Second Amendment, the Court reasoned, implied the right to carry outside one's home, as in historical context, the meaning of the word did not limit it to the home and it would be awkward to attempt to assign that connotation to documents of the time period."<br /><br />"The decision also rejected the argument that the Illinois laws had an effect on gun crime, noting that Chicago's criminal element was undeterred by the ban on handguns overturned by McDonald. Citing the study, "Firearms Laws and the Reduction of Violence: A Systematic Review", and several other published studies, the Court found that evidence did not support a link between gun regulations and crime rates in either direction."<br /><br />http://en.wikipedia.org/wiki/Moore_v._Madigan#Seventh_Circuitssgmarkcrhttps://www.blogger.com/profile/14480230040370709682noreply@blogger.com