General Discussion
In reply to the discussion: Justice Stevens Scolds NRA & Suggests: The five extra words that can fix the Second Amendment [View all]Igel
(37,588 posts)People are like that.
If it was clearly understood in 1937, 1938, and 1939, then the SCOTUS decision wouldn't have been an issue. The lowest court would have looked at the case and said, "Clearly it is the case that ..." and it would have been solved. The appeals could would have looked at the case and said, "Nothing to decide here. Let it stand." If the initial court had goofed, the appeals court would have corrected it.
SCOTUS would possibly have looked at the case as filed and said, "Nothing to look at here, let the clear understanding of the 2nd amendment as expressed by _______ court stand."
Not a lot about the 2nd amendment before then. Not a lot of regulations that would have triggered a lawsuit. Not a lot of court cases before the ones that went to SCOTUS then. They set the "more than 200 years" of opinion 140 years into that "more than 200 years."