@Setanta,
Setanta wrote:A ban on assault weapons is not unconstitutional.
Wrong. Since there is no legitimate reason for banning harmless cosmetic features, doing so would violate
Rational Basis Review (to say nothing of the even sterner standards of scrutiny that the courts might choose to apply).
The fact that you've never heard of the basic principles that the courts have always used in applying the Constitution, does not mean that those standards do not exist.
Setanta wrote:Article One, Section Eight, 16th paragraph reads:
[Congress shall have the power]To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
Since we are not talking about weapons used by the militia, that could not be less relevant.
But even if we actually had been talking about weapons used by the militia, the Second Amendment would trump any use of that power to limit weapons.
Setanta wrote:See The United States versus Miller, 1939, in which the Court upheld the National Firearms Act (1934), noting that "In the absence of any evidence tending to show that possession or use of a 'shotgun having a barrel of less than eighteen inches in length' at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument." The clear inference is that the Court considers Congress to have the power to regulate firearms.
It is rather comical that you actually think that this is their basis for saying Congress can regulate firearms.
In the real world, they use the
Commerce Clause as their basis for saying Congress can regulate firearms.
Setanta wrote:As usual, Oralloy is just making this **** up as he goes along.
The fact that you have no idea what you are talking about does not mean I am making anything up.