Videos tagged with Rational Basis

This video features Mark W. Smith, a Constitutional Attorney, explaining how federal courts utilize the 'tiers of scrutiny' doctrine to uphold gun control laws, potentially infringing upon Second Amendment rights. The discussion covers the historical context, the three tiers of scrutiny (Strict Scrutiny, Intermediate Scrutiny, Rational Basis), and the subjective nature of judicial review, highlighting concerns that this doctrine allows judges to prioritize policy over constitutional text. The expert emphasizes the importance of cases like Heller and the ongoing NYSRPA v. Bruen case in potentially reaffirming the rejection of interest-balancing in constitutional rights interpretation.

This episode of Gun Talk Radio discusses the upcoming Supreme Court case, New York State Rifle and Pistol Association v. City of New York, which is the first Second Amendment case the court has taken in nearly a decade. Host Tom Gresham, broadcasting from Washington D.C., explains the potential impact of the case, particularly regarding the level of scrutiny applied to Second Amendment challenges. He details the history of the case, the arguments surrounding mootness, and the potential outcomes, including the possibility of strict scrutiny being applied, which could invalidate numerous gun control laws.