Quote:
Originally Posted by Sheriff Gonna Getcha
It's not so simple. In interpreting the scope of the various rights conferred by the Bill of Rights (not in determining whether they even apply), the more conservative justices tend to defer to the states' "reasonable" restrictions on individual liberties. For example, conservative justices tend to grant the states broad rights to impose restrictions on free speech (e.g., porn). They just subscribe to a different philosophy when passing judgment on 2nd Amendment issues.
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I agree. The "conservative" justices like states rights as long as they fit their agenda. They don't like states rights if the people of Oregon decide they want to allow doctor assisted suicide or medical marijuana.
So in reality, the "states rights" argument -- as I said earlier -- no longer holds any water. Both the liberal and conservative wings of the court will stay true to it only if stays within the confines of their personal political philosophy.