Come again?
"There used to be an almost complete scholarly and judicial consensus that the Second Amendment protects only a collective right of the states to maintain militias. "
Yeah, and I bet he doesn't know anyone who voted for Bush, either.
posted by ColumbusGuy @ 12:39 PM
4 Comments:
Maybe we can use the Third Amendment as an argument against taxes. Its no more a stretch than other interps.
Politically you'd get get the anti-tax groups on board and then you could get the left on board by saying it was a way to stop [the] war.
Sure ,there is the problem of the 16th amendment but that doesn't mention military housing.
Saying it often enough (Please link to this comment) can get it into law school textbooks by by 2025.
If memory serves, I believe QueensGuy is a Third Amendment expert.
This is the first anonymous again. Never mind- the wartime argument doesn't work- I went back and actually read (there's a thought!) the wonderful thirdie and the anti-war argument won't work since the absolute prohibition against quartering is suspended during wartime as long as it as is " in a manner to be prescribed by law"- of course that might be a chance to make the bastards take an up-or-down vote.
Your Third Amendment textual analysis is correct. (By the way, a full understanding of the text, all the case law, and scholarly treatments of the Third Amendment could be completed during a slow afternoon. I know because I once did so.)
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