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Old June 23rd, 2018, 12:59 PM #1
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Use the SCOTUS cell data ruling to teach!

We've all heard the argument: that the founders were only thinking about muskets when they affirmed the 2A's protections from government infringement on self defense. We all know that's nonsense, but some of the grabbers really do seem to think that's a viable approach to supporting local restrictions, etc. Even when you counter with, "Well, they didn't have the radios, television, or even photocopiers in mind when they codified the 1A's protections, either ..." you'll get blank stares, but the occasional very dim little light bulb will turn on.

It's always nice to have multiple examples to cite, so that not only can we draw the distinction between originalist/textualist and activist judges, but we can show how these things are a matter of principal rather than necessarily practicality. In this (the Carpenter) case, the mix of judges that did or didn't agree with the "you need a warrant to get hold of cell tower location data" is a bit odd, and suggests how complex the topic can be, because of the competing interests of personal liberty and law enforcement/investigation. But the right outcome occurred.

It's another VERY good example of the PURPOSE of the Bill of Rights being upheld despite its authors having no possible concept of a given technological development down the road. The justices found that our expectation of protection from prying investigations (in this case, into where we've been and when we were there) without a warrant exposing that information is just as valid today as it was two centuries ago, despite then-unimaginable technologies coming into play centuries later.

The founders understood self defense, free expression, association, freedom from capricious search and seizure, and so much more as PRINCIPLES, not as practical rules based on particular objects, technologies, or circumstances. It's every bit as true for the 2A as it is for the 4A.
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Old June 23rd, 2018, 01:07 PM #2
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Agreed. We also need to teach the reasons the specified rights are protected (not GRANTED, but PROTECTED). As always, those who do not study are bound to repeat.
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2A ... Federal Preemption

Thus, the only inquiry that this Court should conduct is to determine whether the firearms prohibited by the Act are protected by the Second Amendment. Because they are, the Act is simply unconstitutional.
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Old June 23rd, 2018, 02:09 PM #3
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Ironic that this ruling is by Roberts and the 4 a2a posse.

Never thought I'd a free with the female justices.
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Old June 23rd, 2018, 05:54 PM #4
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es..it's a great example. My sincere doubts as to whether "they" can even begin to listen after they hear the words "gun" or "firearm" or 2nd amendment. Such is the state of their inability to employ logic and critical thinking skills to overcome the absolute indoctrination--foisted on them by...themselves.
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Old June 23rd, 2018, 06:40 PM #5
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Good point, and while there is hope for our future there are too many Anti 2A people that absolutely refuse to listen to reason. Much like the recent story about the Press Secretary Sanders being kicked out of a restaurant because they don't like Trump's policies... The party of "tolerance" simply cannot tolerate anything but what they are pushing. They are up in arms because a bakery doesn't want to make a cake for a gay couple, but they justify and shout from the rooftops when the Press Secretary is refused service at a restaurant.

If you think you can reason with that, you are a bigger optimist than I am!
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