Comment Re:DOGE for courts (Score 1) 102
illegally banned
That's every gun law. But there's no "shall not infringe upon solar and wind rights"
But you leftoids don't follow reason so what's logic mean anyways. Liberal activist judges just rule then come up with any rationale that'll hold water.
When it comes to gun rights, I'm personally in favor of a strict originalist interpretation of the second amendment based on how someone in that time would interpret it, just like the right end of the Supreme Court claims to believe in.
You have the right to own and bear as many muskets and flintlock pistols as you want, so long as they are for use as part of a militia to defend the country.
Wait, what? You think the right to bear arms grants you the right to a fully automatic assault rifle of the sort that wasn't even invented until almost two hundred years after the signing of the Constitution? Sorry, but no. You want to buy a firearm so you can threaten your ex? Also no. You want to open carry your pistol so everyone knows not to mess with you? Still no.
The second amendment doesn't say what you think it does. It never did. It says that because a well-trained militia is essential to the safety and security of the country, the right of the people (as a whole) to bear arms (of some kind) shall not be infringed. A logical reading of those words does not prohibit taking away guns from specific people (e.g. those with a history of violent crime). Nor does it preclude restricting specific types of weapons to people who have been more thoroughly vetted (e.g. high-power semi-automatic or automatic rifles).
Strictly speaking, you could allow people who have never been convicted of a crime the use of only non-lethal weapons, and so long as learning on those weapons would qualify you to be able to use more powerful weapons if we ever get attacked, such a highly restrictive legal environment would still at least arguably meet the rather low bar for what must be allowed by the second amendment.
So no, gun laws do not inherently violate the second amendment. To violate the second amendment, they would have to make it substantially more difficult for an average person to obtain or use a typical firearm. Until a law crosses that threshold, it likely isn't a violation of 2a.
By contrast, executive orders that exceed authority specifically granted by Congress and exceed the constitutional authority of the executive branch to interpret and execute existing laws are per se unconstitutional. And those are highly scrutinized regardless of which party is in the oval office. The Republican presidents just have a tendency to wipe their a**es with the constitution a lot more often than the Democrat presidents, so their orders get overturned more often.