Row 32214

Row ID: 32214 | Dataset Entry | Axioma AXP Content Repository

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This page contains data entry 32214 from the Axioma AXP content repository. The structured data below represents the complete record for this entry.

>the authors of the 2nd amendment appeared to have no problem with the even greater limitations on firearms from their own lifetime.

Well, yeah, because in their lifetime the Constitution was understood to restrict only the federal government, so it's a bit of a red herring. Not until the late 19th century was the 2nd Amendment even challenged, chiefly because very few people were actually protected by it directly.

>Predominantly they do because Amendments are a more politically difficult process than influencing the supreme court, so I would challenge the distinction you're drawing and assert that it is entirely fictional, or perhaps at best, aspirational.

The word you're looking for is *legal*. It's a *legal* distinction, which is pretty critical when talking about law.

>Actually, I'm pretty sure that one was always a real right, it wasn't even controversial in the early united states and the first challenges against it were based in safety concerns for the mother,

That doesn't make it a right... There are lots of things that are uncontroversial that are not rights - frankly I have no idea why you'd think one implies the other. Abortion was made a quasi-right by connection to privacy, which was always nonsense; privacy does not protect lots of things we don't consider rights. And the court in '22 said as much: the substantive right to abortion was not "deeply rooted in this Nation's history or tradition", nor considered a right when the Due Process Clause was ratified in 1868, and was unknown in U.S. law until *Roe*. This applies even moreso to education.

Hence why *Roe* was then, and remains today, a *wildly* controversial decision, not just on the basis of its conclusion but on its logic, and a veritable poster child of the exact sort of judicial activism you are so keen to criticise.

>I refuse to disqualify abortion or education due to fickle nature of the court

That's not why you ought to, but because these rights do not appear in the Constitution in any context. You may *wish* the right existed, but it does not in any legal sense.

FieldValue
text >the authors of the 2nd amendment appeared to have no problem with the even greater limitations on firearms from their own lifetime. Well, yeah, because in their lifetime the Constitution was understood to restrict only the federal government, so it's a bit of a red herring. Not until the late 19th century was the 2nd Amendment even challenged, chiefly because very few people were actually protected by it directly. >Predominantly they do because Amendments are a more politically difficult proc…
label r/economics
dataType comment
communityName r/Economics
datetime 2024-05-21
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Raw Record

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  "text": ">the authors of the 2nd amendment appeared to have no problem with the even greater limitations on firearms from their own lifetime.\n\nWell, yeah, because in their lifetime the Constitution was understood to restrict only the federal government, so it's a bit of a red herring. Not until the late 19th century was the 2nd Amendment even challenged, chiefly because very few people were actually protected by it directly.\n\n>Predominantly they do because Amendments are a more politically difficult process than influencing the supreme court, so I would challenge the distinction you're drawing and assert that it is entirely fictional, or perhaps at best, aspirational.\n\nThe word you're looking for is *legal*. It's a *legal* distinction, which is pretty critical when talking about law.\n\n>Actually, I'm pretty sure that one was always a real right, it wasn't even controversial in the early united states and the first challenges against it were based in safety concerns for the mother,\n\nThat doesn't make it a right... There are lots of things that are uncontroversial that are not rights - frankly I have no idea why you'd think one implies the other. Abortion was made a quasi-right by connection to privacy, which was always nonsense; privacy does not protect lots of things we don't consider rights. And the court in '22 said as much: the substantive right to abortion was not \"deeply rooted in this Nation's history or tradition\", nor considered a right when the Due Process Clause was ratified in 1868, and was unknown in U.S. law until *Roe*. This applies even moreso to education.\n\nHence why *Roe* was then, and remains today, a *wildly* controversial decision, not just on the basis of its conclusion but on its logic, and a veritable poster child of the exact sort of judicial activism you are so keen to criticise.\n\n>I refuse to disqualify abortion or education due to fickle nature of the court\n\nThat's not why you ought to, but because these rights do not appear in the Constitution in any context. You may *wish* the right existed, but it does not in any legal sense.",
  "label": "r/economics",
  "dataType": "comment",
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  "datetime": "2024-05-21",
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