Ep. 458: A 2nd Amendment Screw Up?
Conservatives cheered a recent federal court decision to strike down California's "assault weapons" ban. The federal judge who issued the ruling suggested that an AR-15 was no more of an "assault weapon" than a Swiss Army knife. I agree, and thus it seems that this was a good day for the Constitution. Except it wasn't. The federal judge struck down a STATE law by using the faulty incorporation doctrine created by the Supreme Court half a century ago. This is the same logic used to justify a host of left wing causes and their application to the States, including Roe v. Wade. If conservatives want that case overturned--and it should be based on an originalist understanding of the Constitution--then the California "assault weapons" ban should stand as well. Both are clearly STATE issues. I discuss in this episode of The Brion McClanahan Show.
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