• @[email protected]
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    5 months ago

    People don’t take issue with Bruen because they want to repeal the 2nd Amendment. They take issue with Bruen because it’s an insane precedent.

    Bruen argues that there hasn’t been meaningful discussion or growth of laws and rights for 200 years. It’s a really dumb test. The constitution and amendments are really short. Not because they were written by divine geniuses, but because it is the founding document, it was never meant to be the entire body of law. That’s why it sets up 3 bodies of government to continue to govern and not just a judiciary to impose the constitution like divine mandate.

      • @[email protected]
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        15 months ago

        Laws are complicated because people are complicated.

        “Everyone should have the tools to defend themselves from aggressors” is a good sentiment.

        This guy having those tools means other people are more directly in danger of having to defend themselves. His personal rights don’t overshadow theirs, so his rights will be restricted based on his past actions. Claiming that’s impossible because 100 guys didn’t think of explicitly saying that in regards to this specific issue in the first few years of constructing an experimental government from scratch is insane.

        There have been lots of gun control laws that have helped drive down crime. That’s why we support mental health care, do background checks, and make people separate unsupervised children and guns. It’s why “arms” doesn’t include suitcase nukes and howitzers.

          • @[email protected]
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            15 months ago

            The justice system is not vibe based. It’s ruling on whether laws were violated or if a particular case is novel in some way. Laws change as what a population wants to do changes.

            The ruling here is exactly that

            Several courts decided otherwise until SC revised Bruen with this decision, and the SC justices are still arguing with themselves because of how ambiguous Bruen is.

            mental healthcare is completely lacking in this country, background checks fail all the time, and kids find their parents firearms a lot more than they should

            Perfect should not be the enemy of good. Mental Healthcare is exponentially better now than it was 20+ years ago, Background checks succeed a lot, parents that treat firearms responsibly have more living children. Guardrails don’t stop all people from falling off bridges, but they should still be there. That things fail sometimes doesn’t mean they should just go away without replacing them with something better.

            The revolution was fought using mainly private arms.

            And they immediately limited that scope when the Whiskey/Shay rebellions happened and further as time when on because they explicitly wanted the laws to grow and change. The founders did not put in place the tools for their own overthrow, nor did they bring tablets down from a mountain. It’s not that they didn’t realize technology was going to advance, it’s that you can’t write laws for things or situations that don’t exist. Pretending you can divine intent from what did get written, as Bruen calls for and Justice Thomas has explicitly said for years, is just saying you are the only arbiter of what is allowed in the guise of “the founders wanted it that way”.

              • @[email protected]
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                5 months ago

                I mean that the conservative judges are arguing amongst themselves how far Bruen applies.

                Literally from Adams

                Resolved That it be recommended to the several Assemblies, Conventions and Committees or Councils of Safety, of the United Colonies, immediately to cause all Persons to be disarmed, within their respective Colonies, who are notoriously disaffected to the cause of America, or who have not associated, and shall refuse to associate to defend by Arms these united Colonies

                Taking up arms against the US is Treason. That’s not even an amendment. Jefferson was writing to a US representative in England reassuring him that the US is strong and the rebellion was “no big deal”. That section starts off:

                The British ministry have so long hired their gazetteers to repeat and model into every form lies about our being in anarchy, that the world has at length believed them, the English nation has believed them, the ministers themselves have come to believe them, and what is more wonderful, we have believed them ourselves. Yet where does this anarchy exist? Where did it ever exist, except in the single instance of Massachusets? And can history produce an instance of a rebellion so honourably conducted?

                and continues

                Our Convention has been too much impressed by the insurrection of Massachusetts: and in the spur of the moment they are setting up a kite to keep the hen-yard in order.

                The “few lives lost in a century or two” he’s talking about are those of the people rebelling.

                  • @[email protected]
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                    15 months ago

                    SC justices don’t do name calling on news shows, they file dissenting opinions. Every SC justice ruled to limit the legal hole Bruen left except for Thomas who thought the guy should be able to keep his guns.

                    If you remove all context you can create a banger slogan. You’re right, if you discard the sentences bracketing what you originally posted, you’re left with only the piece you posted.