This site is set up for protecting gun freedom and liberty.
And it will attempt to show that ‘strict scrutiny’ is NOT necessary for protection of ANY rights, in ANY amendment to the Louisiana Constitution, or any other constitution. There are no guarantees of protection of rights due to the insertion of ANY wording into an amendment at any time. More words mean more opinions.
Tiered scrutiny, including strict scrutiny, is hardly a canon of constitutional law. It was invented in the middle of the 20th Century by the Warren Court.
The idea of ‘Strict Scrutiny’ did not exist before 1938, as a legal term. It has NO constitutional basis at all.
The notion of “levels of judicial scrutiny”, including ‘strict scrutiny,’ was introduced in footnote 4 of the U.S. Supreme Court decision in United States v. Carolene Products (1938), one of a series of decisions testing the constitutionality of New Deal legislation. The first and most notable case in which the Supreme Court applied the strict scrutiny standard and found the government actions valid was Korematsu v. United States (1944), in which the Court upheld the exclusion of Japanese Americans from designation areas during World War II.
In all of its forms, tiered scrutiny is a balancing methodology which omits any reference to either text or history. Instead, it gives judges the “power to decide on a case-by-case basis whether the right is really worth insisting upon.” If that is the case….there are NO rights at all, only privileges, to be meted out or totally removed as judges see fit.
Chief Justice John Roberts referred to ALL ‘tiered scrutiny’ as mere baggage which complicated the judges’ and courts’ decisions.