Could this be YOU? Fascists in USA

mrerick · 04-22-2019, 08:35 PM

Unfortunately, all it takes to infringe on our constitutional rights is a legislature willing to pass a law, a mayor or governor willing to sign it (or a legislature willing to override a veto), and enough courts and appellate courts willing to accept the infringement.

All this is based on a concept called "scrutiny". "Strict scrutiny" means that the constitution means exactly what it says. In the Heller and MacDonald (Washington and Chicago) decisions, the Supreme Court applied "Intermediate Scrutiny" which allows some interpretation of the constitution.

Unfortunately, judges in states like Maryland and Massachusetts and their appellate Federal courts apply an ever more lax level of scrutiny (basically legislating constitutional infringement from the bench). This has resulted in "scary looking assault weapons" being banned because they frighten people. That is the entire justification, and so far it's survived appellate courts and has not been accepted to be heard by the Supreme Court.

This is why election of politicians that will put judges on the bench to apply strict scrutiny to all gun control laws is so important.

04-22-2019, 08:35 PM	#14
mrerick Super Moderator - Patron LugerForum Life Patron Join Date: Dec 2009 Location: Eastern North Carolina, USA Posts: 3,920 Thanks: 1,377 Thanked 3,135 Times in 1,518 Posts	Unfortunately, all it takes to infringe on our constitutional rights is a legislature willing to pass a law, a mayor or governor willing to sign it (or a legislature willing to override a veto), and enough courts and appellate courts willing to accept the infringement. All this is based on a concept called "scrutiny". "Strict scrutiny" means that the constitution means exactly what it says. In the Heller and MacDonald (Washington and Chicago) decisions, the Supreme Court applied "Intermediate Scrutiny" which allows some interpretation of the constitution. Unfortunately, judges in states like Maryland and Massachusetts and their appellate Federal courts apply an ever more lax level of scrutiny (basically legislating constitutional infringement from the bench). This has resulted in "scary looking assault weapons" being banned because they frighten people. That is the entire justification, and so far it's survived appellate courts and has not been accepted to be heard by the Supreme Court. This is why election of politicians that will put judges on the bench to apply strict scrutiny to all gun control laws is so important. __________________ Igitur si vis pacem, para bellum - - Therefore if you want peace, prepare for war.