Urgullibl
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Urgullibl16 karma
You don't understand the test then. The test is that regulations are Constitutional if they meet two requirements:
1) The regulation is covered by the text of the Constitution
2) Analogous regulations existed during the adoption of the 2A and/or the 14A.
That's all there is to it.
Urgullibl15 karma
It's as objective a test as they come. Based on the lower courts' reaction to Heller, there was a clear need to limit the interpretative leeway given to them, and this test is specifically tailored to achieve just that.
If you want to see actual reverse-engineered justifications for however a court wanted to rule on this issue, look no further than the Ninth Circuit's application of Heller.
Urgullibl12 karma
How specifically is requiring evidence of analogous regulations from defined time periods a "Rorschach test"?
Urgullibl45 karma
Guys, can we just talk about Rampart?
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