Seeing it as your right, having an expectation that it should be a right, isn’t the same as being a legal right though.
You could have said you disagreed with the court but unless you’re sitting on that court you can disagree all you want and it actually just doesn’t mean anything in terms of changing the reality that it’s not up to you what legal rights are or how the constitution is interpreted because that’s what the Supreme Court is for - and it says so in the constitution.
A legal right is a constructed and formal concept. A legal right simply does not exist unless the courts say it does even if you strongly feel it should exist. That’s what I’m saying.
And since 2008 that legal right has existed but before then it simply didn’t.
And I’m not a liberal man. I’m not even anti-guns.
I am a progressive and you probably view the terms progressive and liberal as synonyms but they aren’t.
In fact youre the one who is appealing to an idealism here, and in that sense you’re more of a liberal than I am even if I’m closer to them in the sense or being a progressive. You’re pointing to a right existing in some almost metaphysical sense, ie you’re saying that because people felt it should be a right you’re saying it in some sense existed. Which is liberal idealism.
Look, we probably aren’t actually very far in terms of what we think sensible gun policy should be since I think if you’re in Montana or whatever then yeah sure a rifle makes a lot of sense and can be a lot of fun and you pointed to the more modern and moderate 2a types which probably places you actually not far from me in terms of what we would agree sensible gun laws could be.
What I said is that the legal right to own a gun was created in 2008 and that is a straightforward fact. It’s DC vs. Heller. 2008. Look it up if you want to. Going on about how some people really felt it should be a right before then doesn’t change that, and it is also a fact that if you were to ask a mainstream legal scholar in the 80s or early to mid 90s you would have to look into some pretty partisan political camps to find someone who would have advocated the current interpretation that was established recently in 2008.
But of course since the late 90s and certainly in the late 2000s you can find a lot of them. That’s also a fact.
Seeing it as your right, having an expectation that it should be a right, isn’t the same as being a legal right though.
You could have said you disagreed with the court but unless you’re sitting on that court you can disagree all you want and it actually just doesn’t mean anything in terms of changing the reality that it’s not up to you what legal rights are or how the constitution is interpreted because that’s what the Supreme Court is for - and it says so in the constitution.
A legal right is a constructed and formal concept. A legal right simply does not exist unless the courts say it does even if you strongly feel it should exist. That’s what I’m saying.
And since 2008 that legal right has existed but before then it simply didn’t.
And I’m not a liberal man. I’m not even anti-guns.
I am a progressive and you probably view the terms progressive and liberal as synonyms but they aren’t.
In fact youre the one who is appealing to an idealism here, and in that sense you’re more of a liberal than I am even if I’m closer to them in the sense or being a progressive. You’re pointing to a right existing in some almost metaphysical sense, ie you’re saying that because people felt it should be a right you’re saying it in some sense existed. Which is liberal idealism.
Look, we probably aren’t actually very far in terms of what we think sensible gun policy should be since I think if you’re in Montana or whatever then yeah sure a rifle makes a lot of sense and can be a lot of fun and you pointed to the more modern and moderate 2a types which probably places you actually not far from me in terms of what we would agree sensible gun laws could be.
What I said is that the legal right to own a gun was created in 2008 and that is a straightforward fact. It’s DC vs. Heller. 2008. Look it up if you want to. Going on about how some people really felt it should be a right before then doesn’t change that, and it is also a fact that if you were to ask a mainstream legal scholar in the 80s or early to mid 90s you would have to look into some pretty partisan political camps to find someone who would have advocated the current interpretation that was established recently in 2008.
But of course since the late 90s and certainly in the late 2000s you can find a lot of them. That’s also a fact.
I’m not sharing my opinions, I’m sharing the perspective of the culture I grew up in
Well I appreciate your perspective. Perhaps in your community there was activism on this issue before it reached the halls of power.