Posted by: TEEBONE ® |
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|Comment by: PHORTO (11/21/2019)|
Scalia specifically wrote in Heller that no fundamental right can be subject to a free-standing interest-balancing test. That is why he rejected the three-tiered "scrutiny" system in adjudicating the right to arms in favor of "text and history" analysis.
The author is correct that this method wasn't spelled out in a single sentence, but he's lying by insisting that the Heller Court didn't in fact establish the appropriate means in deciding such questions.
LIBERTY HAS NO EXPIRATION DATEDemocrats wouldn't buy a clue if it was government subsidized.