Quoted:
Quoted: If someone represents a case against the second amendment and brings up the part of "A well regulated militia", then we could be in a world of hurt.... How would the SCOTUS determine what is considered a regulated militia, national guard ?
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They already did, in US v Miller.
www.rkba.org/research/miller/Miller.html
In this case, they referenced Aymette v. State.
www.guncite.com/court/state/21tn154.html
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I know of these cases.... but they are "past tense"
If "the people" see a case that they know they can not win, regarding firearms or machine guns, they will dig into that bag of tricks again... With hope, the SCOTUS will just throw it out and say that it has no bearing on "x" case, but it will come up eventually. Especially if the commerce clause if challeneged by a defendant that is charged with a violation of interstate commerce and,or illegal weapons charges.
I also "inadvertantly" agree with you that "States don't have right" because Federal power has seen to that. Federal trumps State every time and that IS the problem.
Do people have rights... sure they do... but only as much as the Federal Government allows the people to have.
If you have been watching the hearings you will have noticed what one of the "R" Senators said.... He said that it is legal to kill an unborn child but it is not legal to take your own life ( something to that effect ) See my point ?
So I think my largest beef is that State's Rights should be restored and the people residing in said State should be governed by State Law, not Federal Law.
The great idea of a Free State is to have laws that are put into effect by the people that reside in that State.... and, if they do not like those laws they can choose to go to another State of their choosing. With the "Big" Government that we have we cannot do this because Federal Law is Supreme, so to speak, and its laws always trump State laws. When in reality, it should be the other way around.
The States should be putting the Federal branch in its place, not vice versa.
So when an interstate case comes before the SC, with Alito behind the bench, I believe that true Constitutional Justice will prevail.
The Federal Goverment has went unchecked for way too long on many issues, that is why I believe the Democrats are trying their best to stop Alito's Nomination. They fear that their hayday will soon be over.
Just my opinions though.
I know little about the law compared to most people so I am basically thinking in an idealistic way when I state my opinions.... So don't over analyze them ok