Just a question, why the hell does something need "historical basis" for it to be legal/illegal?
this post was submitted on 23 Sep 2023
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Because that's what the supreme court ruled in New York State Rifle & Pistol Association, Inc. v. Bruen.
They just made that up, but that's where we're at now.
Most recent Supreme Court gun case changed the test for 2nd amendment restrictions to be rooted in historical basis. NYSR&PA v Bruen is the case
Edit: spelling
This is so absolutely idiotic that it can only be muricaland politics.
Yeah, Thomas has always been a Justice known for his mental gymnastics.
I agree with his results, but the way he got there is ‘innovative’
I mean i personally don't care about the law itself but that mental gymnastics would send someone to the Closed Mental health clinic...
The Bruen test is based on three things text, history, and tradition. When evaluating a law that implicates the 2A under it you compare the law to the original intent of the amendment. This intent is found by first reading the text, analyzing historical basis (specifically the founding period till the 1860s), and looking to historical traditions.
Since the Constitution is the highest law of the land it supercedes all lower laws, making any contrary lower law unlawful.
Basically the reasoning behind this kind of test to ensure that protections aren't stripped by redefining or reinterpreting phrases.
For an example of how that might look in a different context here's a snippet of the 1A "the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." Someone 50 years from now could read that an conclude (wrongly) the right to petition the government is a collective right and not something held by each individual. Under a Bruen style test courts must not use that new understanding but the original one intended by it's writers.
To be honest, we need a community for uplifting libertarian news... Maybe it's just my negativity bias, but there's just too much news about this world going to shit.
The State’s historical list also includes, surprisingly, 38 laws that applied only to particular groups, such as slaves, Blacks, or Mulattos. Those laws are not relevant to the magazine prohibition challenged in this case. “And Founding-era statutes that disarmed groups of persons who governments thought might be dangerous because of their race or religion were not considered analogous to modern carry prohibitions on released felons also thought to be dangerous: ‘any such analogy would be far too broad.’”163 Even if they were, this Court would give such discriminatory laws little or no weight."
SAINT BENITEZ standing up for everyone’s rights
Not really. His conclusion is good, but his process is so deeply flawed that if allowed to set precedent our judicial system will manage to get even worse.
What parts of his process do you disagree with?
I would say that the following is the main point of issue:
[...] ruling Friday that it lacked a historical basis and is therefore unconstitutional.
Deciding on laws based on tradition, and historical context has potential to be quite damaging -- these decisions should be made based on principle.
Well then I regret to inform you that he wasn't setting any precedent with his ruling because he was just applying the existing text history and tradition test established by the Scotus in Bruen. The precedent already exists on a national scale.
[...] he wasn’t setting any precedent with his ruling because he was just applying the existing text history and tradition test established by the Scotus in Bruen.
Indeed. It is rather unfortunate.