49er
Regular Member
imported post
Heller v Washington DC
Yourdefintion of "primary source" as it relates to a statute is misplaced. Statues aresecondary to constitutional guarantees....this Declaration of Rights is excepted out of the general powers of government, and shall forever remain inviolate.
Heller v Washington DC
[emphasis mine][align=justify]...After an exhaustive discussion of the arguments for and against gun control, Justice Breyer arrives at his interest-balanced answer: because handgun violence is a problem, because the law is limited to an urban area, and because there were somewhat similar restrictions in the founding period (a false proposition that we have already discussed), the interest-balancing inquiry results in the constitutionality of the handgun ban. We know of no other enumerated constitutional right whose core protection has been subjected to a freestanding “interest-balancing” approach. The very enumeration of the right takes out of the hands of government—even the Third Branch of Government—the power to decide on a case-by-case basis whether the right is really worth insisting upon. A constitutional guarantee subject to future judges’ assessments of its usefulness is no constitutional guarantee at all... [/align]