Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Wonder Warthog
Eventually, the Supremes are going to HAVE to rule on this issue, which is why getting more conservative, strict-constructive Justices on the Supreme Court is essential. We could use at least two more Scalias.

Correct. It may be awhile, though, SCOTUS has dodged this since the thirties. Thomas, Roberts, and Alito I believe are excellent appointments and on the side of 2A, as well as Scalia. Two more would be a steamroller, but none would make things shaky, so that is why I think everybody wants to keep 2A out of Federal court just now. A SCOTUS decision upholding an absolute individual right would invalidate a huge amount of gun control legislation in all 50 states.

I was willing to replace Ruth "Buzzi" Ginsberg with Ann Coulter so the opinions are fun to read, but W wouldn't ask her to resign for me.

54 posted on 06/13/2006 8:43:36 AM PDT by Navy Patriot
[ Post Reply | Private Reply | To 49 | View Replies ]


To: Navy Patriot
"I was willing to replace Ruth "Buzzi" Ginsberg with Ann Coulter so the opinions are fun to read, but W wouldn't ask her to resign for me."

Not to mention the fact that Coulter is a LOT easier on the eyes than Ginsberg.

55 posted on 06/13/2006 8:58:31 AM PDT by Wonder Warthog (The Hog of Steel-NRA)
[ Post Reply | Private Reply | To 54 | View Replies ]

To: Navy Patriot
Thomas, Roberts, and Alito I believe are excellent appointments and on the side of 2A, as well as Scalia. Two more would be a steamroller, but none would make things shaky, so that is why I think everybody wants to keep 2A out of Federal court just now.

Don't be too sure. Remember that it was Thomas who held that a conviction of a U.S. citizen in a foreign court was suitable grounds for lifetime denial of an American's second amendment rights.

Thankfully, his was a minority view on that one. But he deserves watching for such future rulings.

56 posted on 06/13/2006 12:22:14 PM PDT by archy (I am General Tso. This is my Chief of Staff, Colonel Sanders....)
[ Post Reply | Private Reply | To 54 | View Replies ]

To: Navy Patriot
A SCOTUS decision upholding an absolute individual right would invalidate a huge amount of gun control legislation in all 50 states.

In your dreams. The Court could uphold an individual right, but all the precident says it's not protected from state infringement. So you'd have to fight for "incorporation" or argue that the RKBA is one of those "privileges and immunities" protected from State infringement by the 14th amendment. However that would also violate precedent, because the Court has already ruled that only those rights unique to federal citizenship are thus protected. They've wiped out those rulings through incorporation under due process for most rights protected by the BoR, but not the second amendment, nor the specifics of the 5th and 7th.

Of course they don't mind overriding precedent when the right in question is not to be found in the Constitution itself, but rather in emanations from its penumbra. (State anti sodomy laws overturned less than a decade after they were upheld by the Court). But not so for a right explicity protected by the Federal Bill of Rights. They haven't even ruled on the federal protection since the 1930s.

74 posted on 06/13/2006 9:37:59 PM PDT by El Gato
[ Post Reply | Private Reply | To 54 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson