General Discussion
In reply to the discussion: I have an admission and a request. [View all]AndyS
(14,559 posts)For 150 years the 2nd was a communal right, the "Right of the People" referred to the State and militia was THE People, not people. Scalia discarded all that and somewhere in those two phrases found an individual right to own a handgun for home defense. Originalism be damned!
Then, in Dobbs and Bruen, the Roberts court discarded any remaining precedent whether supported by texturalism, originalism or living document by inventing 'history and tradition' as a method of interpreting (yes, the Constitution is INTERPRETED not set in stone) and then selecting what history to apply. Was 'history' English law or common law or Magna Carta? Nope, it was whatever the court selected.
We don't need to change the Constitution, we need to change who interprets it. Thankfully the new court will not have to deal with stare decisis anymore. The Roberts court has completely obviated that concept so it's anything goes from now on!