Posted on 07/30/2008 9:22:51 AM PDT by average american student
In open defiance of the Supreme Courts decision striking down the Washington D.C. gun control law, the City Council passed an emergency law that keeps in place almost all of the law that was ruled unconstitutional.
For example, though the Court ruled specifically that the citys ban on handguns violated the Second Amendment, most handguns still cannot be registered because D.C. bureaucrats classify semi-automatic pistols as machine guns.
Even Dick Heller, who brought the case against Washingtons gun ban, was rejected when he tried to register his handgun because any bottom loading firearm is a machine gun according to the D.C. police.
Similarly, while the Court found that the requirement that any lawful firearm in the home be disassembled or bound by a trigger lock is unconstitutional, the city kept in place the lock up your safety law unless the resident is in immediate danger
Bottom line: liberaldom (and I include leftwing forces in both parties) respects nothing but its own opinion and agenda. The law is absolute when on its side, null and void when it is not.
Aside from that, Rep. Souder has a solution to the issue at hand.
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus
See my tagline.
If Washington wants to violate a constitutional right, it should be treated accordingly. Boycott is a language the D.C. City Council understands.
Let’s have no more conventions or business meetings in D.C. If you want to go sightseeing, travel somewhere else.
If DC can ignore the Supreme Court ruling, the citizens of DC should ignore the law.
“Boycott is a language the D.C. City Council understands.”
Filing contempt of court and civil rights charges against the Council would be better.
Please expound...
If the President had any backbone....he would send in Natl Guard and arrest these DC Nazi pols for contempt of the Supreme Court
Why I always use “Gun Control” and “Nazi”...together...
Were this most any other SCOTUS decision, congress would be all over it. You’d also think that the Attorney General would have some enforcement powers here.
Remember this the next time the SCOUS makes a stupid ruling -like Kelo or detainees rights.
As Andy Jackson said: “(John) Marshall has made his decision; let him enforce it.”
Immigration, gun control, taxation, etc. - we have a ruling elite that is out of control. There will be retribution - swift and sure.
The President has a reasonable argument for ignoring a decision of the Supreme Court in that the President is the head of a co-equal branch of the federal government. The DC city council has no such argument.
Exactly, so if the DC powers-that-be ignore the ruling because they disagree with it, what happens? Does the President order in the National Guard as in the South to enforce integration? Not hardly, in a city that is >80% minority.
Again, I ask if DC can disregard the SC - is this the beginning of the end for a “nation under law”? Will they be allowed to defy the SC? And who and how are they going to be stopped?
9mm Steyr packs a punch, too.
actually the times have changed since then. There is such a thing as contempt and its accompanying jail time.
from the article:
“According to Article I, Section 8 of the U.S. Constitution, Congress has the authority and responsibility to govern the District. It can simply repeal the Districts onerous gun law.”
The dems are sitting on a bill designed to do just that.
“Souder (R-IN) has filed a discharge petition to bring the bill directly to the floor.”
If not mistaken, the authority is now back in the hands of the judge who made the original ruling.
The proper next step is a rule to show cause why the defendants should not be held in contempt of court.
This has to be filed by the plaintiff, POSSIBLY by any of the amicus brief filers if the judge will allow them to have standing.
Additionally, the judge can put a deadline on the city to comply with the USSC ruling or (like other school redistricting cases) the court will either impose a system or simply strike the entire law outright until the issue a law in compliance with the USSC which meets the judges approval.
Well put.
Thanks! That’s why I love this place...
There is always someone who knows something about the subject at hand. Usually several someones!
Why, oh WHY, doesn’t some DoJ attorney hammer these azzhats with 18 US 241 http://www.usdoj.gov/crt/crim/241fin.htm
CONSPIRACY AGAINST RIGHTS
Summary:
Section 241 of Title 18 is the civil rights conspiracy statute. Section 241 makes it unlawful for two or more persons to agree together to injure, threaten, or intimidate a person in any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the Unites States, (or because of his/her having exercised the same). Unlike most conspiracy statutes, Section 241 does not require that one of the conspirators commit an overt act prior to the conspiracy becoming a crime.
The offense is punishable by a range of imprisonment up to a life term or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.
TITLE 18, U.S.C., SECTION 241
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same;...
They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Perfect!
(Why hasn’t this happened yet?)
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same;...
They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Unless, and until, Special Agent Herbert Byerly of the BATFE is appropriately chraged, tried, and convicted under this statute for he and his team assaulting, kidnapping, and falsely imprisoning Vicki Weaver, then this statute is meaningless...
the infowarrior
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