To be sure, the history of gun regulations is complex, so I don't mean to be definitive. But I'm not seeing conclusive evidence that public carry was widely prohibited (as opposed to being regulated) in the relevant period. And without that evidence, the majority's conclusion seems sound.
The post NYSRPA v. Bruen on the Merits first appeared on Tenth Amendment Center.
to the pure political operative, an issue is just a weapon. It’s merely a tool you use to clobber the other guy.
The post Why overturning Roe v. Wade causes so much rage first appeared on Tenth Amendment Center.
With these recent SCOTUS decisions (or non-decisions) the Court has now created nearly impenetrable absolute immunity for federal agents. It's probably only a matter of time before we see similar immunity afforded state and local cops.
The post Supreme Court Effectively Grants Absolute Immunity to Federal Cops first appeared on Tenth Amendment Center.
I recently appeared on It's Too Late with Alan Mosley to discuss the recent Supreme Court decisions.
The post A Tale of Two Courts first appeared on Tenth Amendment Center.
It says a lot about the Swamp that the case clipping bureaucrats’ power was one in which they were probably trying to do the right thing.
The post The Supreme Court’s American Hospital case: A View of the DC Swamp first appeared on Tenth Amendment Center.
According to the Supreme Court, the legality of NSA mass surveillance can't even be legally challenged. This was the message the Court sent when it refused to take up Jewel v. NSA, allowing an appellate court decision to stand.
The post Supreme Court Refuses to Limit Warrantless Surveillance first appeared on Tenth Amendment Center.
In other words, an agency investigating itself is sufficient protection of individual rights.
The post Supreme Court Makes It Even Harder to Sue Abusive Federal Agents first appeared on Tenth Amendment Center.
To be clear, the issue in Citizens United was whether corporations (and labor unions and non-profit associations like the ACLU) could spend money to express their opinions about candidates. I think there most certainly is a "plausible argument" that the original meaning of the First Amendment included such a right.
The post Originalism and Citizens United (Again) first appeared on Tenth Amendment Center.
In reading his comment, you should recall that Justice Marshall was an advocate of a strong central government; this was not some states’ rights advocate speaking
The post Chief Justice John Marshall: The feds have no power over your health care! first appeared on Tenth Amendment Center.Independence Institute Court Brief Uphold's Founders' View of Electoral College