Good things Obama has Done for our Country

[otis147]

the NRA is actively lobbying for more or different regulations, when they work to repeal the things mentioned above, they might start getting my support.

 

[vvvvvvv]

the NRA is actively lobbying for more or different regulations, when they work to repeal the things mentioned above, they might start getting my support.

This.

Before the NRA got involved in McDonald, the case was pursuing incorporation of the Second Amendment as a Privilege or Immunity of being a United States citizen. The NRA got involved and said "no, we want Due Process". Why? Because going the Due Process route creates a framework for regulation and infringement that requires each specific instance of infringement to be decided through narrowly tailored opinions. Even SCOTUS said they were willing to revisit the caselaw surrounding Privileges or Immunities because they view those cases as wrongly decided, but since the option of Due Process was raised they did not have to.

 

[lee1000]

This.

Before the NRA got involved in McDonald, the case was pursuing incorporation of the Second Amendment as a Privilege or Immunity of being a United States citizen. The NRA got involved and said "no, we want Due Process". Why? Because going the Due Process route creates a framework for regulation and infringement that requires each specific instance of infringement to be decided through narrowly tailored opinions. Even SCOTUS said they were willing to revisit the caselaw surrounding Privileges or Immunities because they view those cases as wrongly decided, but since the option of Due Process was raised they did not have to.

Privileges or Immunities?

I think I follow what you're saying but please explain.

 

[Dave70968]

This.

Before the NRA got involved in McDonald, the case was pursuing incorporation of the Second Amendment as a Privilege or Immunity of being a United States citizen. The NRA got involved and said "no, we want Due Process". Why? Because going the Due Process route creates a framework for regulation and infringement that requires each specific instance of infringement to be decided through narrowly tailored opinions. Even SCOTUS said they were willing to revisit the caselaw surrounding Privileges or Immunities because they view those cases as wrongly decided, but since the option of Due Process was raised they did not have to.

Privileges or Immunities?

I think I follow what you're saying but please explain.

Privileges and Immunities (Article IV), not Privileges or Immunities (Amendment XIV). The former applies to the federal government, the latter to the states.

Sorry for the pedantry, but the distinction was on the bar exam literally two days ago, and my head still hurts.

 

[Dave70968]

The distinction is that if it's a right for the purposes of P&I, it is very difficult to infringe upon it (think strict scrutiny, must be narrowly-tailored ("least restrictive means") toward achieving a compelling governmental interest), where as Due Process basically just means that you have a chance to be heard on the merits.

 

[lee1000]

The distinction is that if it's a right for the purposes of P&I, it is very difficult to infringe upon it (think strict scrutiny, must be narrowly-tailored ("least restrictive means") toward achieving a compelling governmental interest), where as Due Process basically just means that you have a chance to be heard on the merits.

Got it, thanks

Good luck on the exam. What kind of law will practice?

 

[Fredkrueger100]

He makes Carter look competent?

Your on to something.

 

[Dave70968]

Got it, thanks

Good luck on the exam. What kind of law will practice?

Thank you. I've missed it before in the past, if only barely; results come out 4 September this time.

In this job market, pure mercenary: I'll practice whatever somebody will pay me to do.

 

[mightymouse]

He doesn't hate guns. He'll need a bunch of them when it comes time for him to subjugate us. He doesn't hate gun owners. He just hates the fact that we're armed against being subjugated by him and his ilk.

I just wish they'd hurry up with the subjugation stuff...reality TV is boring the crap out of me.

 

[IndVet]

I still get a kick out of the gun show flyers sporting the "Get your guns before Obama makes them illegal" banner.