by “But then, in 2022“, the Justice Clarence Thomas-authored Bruen decision suggested all gun regulations had to line up with the understanding of firearms the founders had when they wrote the Constitution. “ It seems to me that if Bruen is taken very literally, it implies that the 2nd amendment only applies to muzzle loading firearms: muskets, rifles, and pistols. The founders did not imagine AR15s. How could they have regulated (or forbid regulation of) semi-automatics? Well here I am typing about a topic where I am ignorant and many people aren’t. Let’s go. There are small c conservative rules that all judges at least pretend to accept. Respect for precedent (and binding precedents except for the Supreme court) and respect for judicial norms and
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Robert Waldmann considers the following as important: gun regulations, Hot Topics, politics
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“But then, in 2022“, the Justice Clarence Thomas-authored Bruen decision suggested all gun regulations had to line up with the understanding of firearms the founders had when they wrote the Constitution. “
It seems to me that if Bruen is taken very literally, it implies that the 2nd amendment only applies to muzzle loading firearms: muskets, rifles, and pistols. The founders did not imagine AR15s. How could they have regulated (or forbid regulation of) semi-automatics?
Well here I am typing about a topic where I am ignorant and many people aren’t. Let’s go. There are small c conservative rules that all judges at least pretend to accept. Respect for precedent (and binding precedents except for the Supreme court) and respect for judicial norms and traditions. The GOP 6 seem to have decided that this implies large C conservatism — that we must have the norms and preferences of the founders (who are the continental congress, the constitutional convention, and the first congress and definitely not the framers of amendments 14, 15,16 and 17 (or obviously the 18th which was repealed and a toast to that).
Thomas wants to take us back to a time when he certainly would not be allowed to vote let alone be a supreme court justice (and he would, at the least have enslaved relatives). I have no idea why, but it is clear that his decisions (and those of the other 5) have little to do with the text they pretend to interpret and a lot to do with their ideology and political preferences (everyone knows this)..