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Justice Dept. Reverses Policy on Meaning of Second Amendment
The New York Times ^ | 5/7/02 | Linda Greenhouse

Posted on 05/07/2002 12:09:03 PM PDT by GeneD

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To: Sir Gawain
Wow....first the Minnesota GunGrabbers name stolen from em thang and now this ....all in one week :o) I may have to have a kewl drink before I get back on these socialist grabbers like white on rice. Don't give em an inch I say.....drive em back into the sea they crawled from NOW !!

Stay Safe !

21 posted on 05/07/2002 12:27:32 PM PDT by Squantos
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To: Huck
"... as distasteful as popular GOP leadership can be (after all, if it weren't distasteful, it wouldn't be popular), it is better than having a Democrat in office, and those ARE still the only two viable choices."

Finally, someone stated it in a way that even I can understand it! Thank you!

22 posted on 05/07/2002 12:27:49 PM PDT by Real Cynic No More
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To: William Tell
That's why a couple extra votes in the Senate in 2002 are critical.
23 posted on 05/07/2002 12:28:10 PM PDT by Eric in the Ozarks
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To: onedoug
onedoug said: "What does the NRA say? Enforce existing laws? They're virtually ALL unconstitutional."

The unfortunate reality is that the Constitutionality of laws can only be challenged when the laws are enforced. For that reason alone, I am in favor of prosecuting unConstitutional laws. The use of plea bargains makes it very difficult to get favorable decisions from the courts.

24 posted on 05/07/2002 12:28:45 PM PDT by William Tell
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To: Eric in the Ozarks
Eric in the Ozarks said: "That's why a couple extra votes in the Senate in 2002 are critical."

Yes. I have sent modest contributions to pro-gun people running for Senate in other states. It is sad to live in Kalifornia.

25 posted on 05/07/2002 12:30:02 PM PDT by William Tell
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To: William Tell
Fair point. Thanks.
26 posted on 05/07/2002 12:30:48 PM PDT by onedoug
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To: GeneD
Now, review the commerce clause.
27 posted on 05/07/2002 12:32:14 PM PDT by GalvestonBeachcomber
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To: GeneD
"The Supreme Court's view has been that the the Second Amendment protected only those rights that have "some reasonable relationship to the preservation of efficiency of a well regulated militia," as the court put it in United States v. Miller, a 1939 decision that remains the court's latest word on the subject."

This of course upholds the individual rights "Standard Model" of the Second Amendment. In the Miller case, btw Miller wasn't represented, dealt with outlawing sawed-off shotguns. The Supreme Court wanted to know, how sawed-off shotguns had any military utility and therefore would be legal. Miller, being unrepresented, presented no evidence of such use, therefore the Court ruled against Miller. There would have ruled the other way, if they had been presented with the evidence that sawed-off shotguns, aka 'trenchguns' were used just 20 years previously in WWI trench warfare.

28 posted on 05/07/2002 12:36:48 PM PDT by Kermit
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To: GeneD;tpaine;ThomasJefferson
How could this be? I am told all Republicans and RATS are just the same freedom-hating anti-Constitutionalists.

Could that be a Bill of Goods?

29 posted on 05/07/2002 12:37:14 PM PDT by justshutupandtakeit
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To: GeneD
Little more can reasonably be aimed at, with respect to the people at large, than to have them properly armed and equipped.

Alexander Hamilton, 29th Federalist Paper (from his argument that everyone could not be in the militia, but everyone should be armed).
30 posted on 05/07/2002 12:39:55 PM PDT by itzmygun
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To: GeneD
next stop, federal carry permits......If I can carry a concealed weapon in New York, I should be able to carry it anywhere.
31 posted on 05/07/2002 12:42:14 PM PDT by The Wizard
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To: Huck
and those ARE still the only two viable choices."

Some of us work very hard to make it possible to have a different viable choice sometime in the future. I'm guessing there will be very little gratitude when it happens. As of right now, all we get is derision for trying. Oh well, we ain't in it for the kudos anyway.

32 posted on 05/07/2002 12:43:27 PM PDT by Protagoras
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To: Sir Gawain
In the briefs it filed at the Supreme Court after the close of business on Monday, the Solicitor General's office attached the Ashcroft letter and included the following footnote to explain its new position:

"In its brief to the court of appeals, the government argued that the Second Amendment protects only such acts of firearm possession as are reasonably related to the preservation or efficiency of the militia. The current position of the United States, however, is that the Second Amendment more broadly protects the rights of individuals, including persons who are not members of any militia or engaged in active military service or training, to possess and bear their own firearms, subject to reasonable restrictions designed to prevent possession by unfit persons or to restrict the possession of types of firearms that are particularly suited to criminal misuse."

Bump! Bump! Bump!!!

33 posted on 05/07/2002 12:49:37 PM PDT by Victoria Delsoul
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To: William Tell
….. First, Bush 'unsigns' the UN treaty on the world court,

Bush does not want our military to stand accused of war crimes in front of the U.N. as where about to clean house in Iraq.

secondly Bush's Justice Department is making pro-Second Amendment arguments before the Supreme Court.

will need as many guns as possible to defend the homeland

Marrs

34 posted on 05/07/2002 12:50:04 PM PDT by marrsstar4
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To: Victoria Delsoul
Yeah, they didn't get it totally right, but closer than the Dims would have.
35 posted on 05/07/2002 12:50:59 PM PDT by Sir Gawain
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To: 11th Earl of Mar
….. First, Bush 'unsigns' the UN treaty on the world court,

Bush does not want our military to stand accused of war crimes in front of the U.N. as where about to clean house in Iraq.

secondly Bush's Justice Department is making pro-Second Amendment arguments before the Supreme Court.

will need as many guns as possible to defend the homeland

Marrs

36 posted on 05/07/2002 12:51:31 PM PDT by marrsstar4
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To: justshutupandtakeit
I am told all Republicans and RATS are just the same freedom-hating anti-Constitutionalists.

Even a blind pig finds an occasional acorn.

37 posted on 05/07/2002 12:52:03 PM PDT by Protagoras
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To: GeneD
I wonder if John Ashcroft had beat the widow Carnahan if Pres. Bush would have found someone as strong as Ashcroft is on the 2nd Amendment and if he did would that person have been confirmed. The libertarians on this forum can bitch and moan all they want about Pres. Bush but if he (and Ashcroft) are willing to fight hard for the 2nd Amendment then they have done enough for me! 10X BANG
38 posted on 05/07/2002 12:52:12 PM PDT by MCRD
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To: Sir Gawain
but closer than the Dims would have.

Oh God! You bet.

39 posted on 05/07/2002 12:52:14 PM PDT by Victoria Delsoul
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To: ThomasJefferson
Some of us work very hard to make it possible to have a different viable choice sometime in the future.

I don't fault anyone for that. The question of whether or not another party or parties would be good for republicanism (small r) is an interesting question, but I can't fault someone for trying. When one looks at the multi-party coalition governments in other countries, one does begin to wonder.

The point is that even if it is good for the country, it hasn't happened yet, and most likely, on election day, it still won't have happened. We will still have two viable choices. I hope I remember instances like this 2nd amendment issue to help me swallow a vote for a big government glad hander like GWB. He's the better choice, and he may be the best we can do under current circumstances (the will of the people being what it is.)

40 posted on 05/07/2002 12:58:21 PM PDT by Huck
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