The Soapbox

CharlestonSC

Joined: 09/20/2006 Posts: 7389
Likes: 6768


I’m not explaining myself well … what I mean is that when the constitution


Is - by plain reading - silent on an issue (i.e. abortion), the court may look to history to see if something is customarily accepted as a matter of common law. What I’ve been saying all along is that to look at the 1970s to 2020s - a period which was created by the court itself - and using that as evidence of cultural acceptance is circular logic and bad precedent. It would allow the court to enshrine effectively anything unilaterally beyond a court or legislature’s future ability to touch it with - apparently - as short a period as ~50 years having elapsed.

In your other example, the constitution is not silent on gun ownership. We can disagree on the interpretation of the first clause in the sentence, but I assume we both agree that firearms are - at a minimum - directly addressed.

(In response to this post by Seattle .Hoo)

Posted: 02/19/2023 at 12:07PM



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Current Thread:
  Pass a bill ** -- psychobilly 02/18/2023 5:54PM
  Cruelty for the sake of cruelty. ** -- HoosWillWin 02/18/2023 2:18PM
  The cruelty is the point ** -- Hoo TV 02/18/2023 3:50PM
  See Dobbs. ** -- Seattle .Hoo 02/18/2023 1:52PM
  That’s different conceptually -- CharlestonSC 02/18/2023 2:14PM
  Naive....that's too nice of a word..... ** -- Zhoo 02/18/2023 6:41PM
  It depends which version you read... -- TomGlansAski 02/18/2023 1:17PM

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