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submitted 1 year ago by Veedem@lemmy.world to c/politics@lemmy.world
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[-] stolid_agnostic@lemmy.ml 51 points 1 year ago* (last edited 1 year ago)

I dunno. A previous one actually caused the civil war by declaring the Missouri Compromise unconstitutional. Then there’s separate but equal. Then there’s the fact that the Court decided that the constitution gave it the power to rule in the constitutionality of laws even though it doesn’t say that. Then there’s saying that the second amendment applies to people rather than militias.

[-] rockSlayer@lemmy.world 22 points 1 year ago* (last edited 1 year ago)

Wouldn't you know it, the Federalist Society implicitly supports all of those supreme courts. Their president Leonard Leo is behind half of the current supreme court appointments

[-] TheSanSabaSongbird 17 points 1 year ago

And that's to say nothing of Dred Scott or Korematsu.

[-] cashews_best_nut@lemmy.world 2 points 1 year ago
[-] TheSanSabaSongbird 1 points 1 year ago

Korematsu is the name of the SCOTUS case that allowed for the internment of Japanese Americans during WW2.

Since then it's widely been viewed as a terrible and deeply shameful decision and is taught in law schools as a textbook example of how SCOTUS power can go badly wrong, especially during times of war.

[-] RaoulDook@lemmy.world 3 points 1 year ago

I was with you until the last sentence. Nobody should complain about having rights. Support all rights for all Americans.

Rights don't just grow on trees you know, they are hard as fuck to get.

[-] Buelldozer@lemmy.today -1 points 1 year ago* (last edited 1 year ago)

Then there’s saying that the second amendment applies to people rather than militias.

In order to protect a Collective Right the 2A had to protect an Individual Right. It literally couldn't function any other way. In the context of the 1A it would be as if there was a Right To Assembly (Collective Right) but no right to Free Speech (Individual Right). That interpretation isn't new either, it's present in nearly every SCOTUS case that involved the 2nd Amendment.

I agree that SCOTUS has problems but their take on the 2A is well supported by previous decisions and historical documents.

this post was submitted on 19 Oct 2023
1523 points (98.5% liked)

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