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CNN's Toobin: 'Preposterous' to Believe in 2nd Amend. Right Back at Harvard
NewsBusters.org ^ | 7/15/2009 | Matthew Balan

Posted on 07/15/2009 4:39:53 PM PDT by Pyro7480

Jeffrey Toobin, CNN Senior Legal Analyst | NewsBusters.org...On Wednesday, legal analyst Jeffrey Toobin implied that the Supreme Court’s 2008 decision to uphold the Second Amendment was revolutionary: “When I was in law school...the idea that you had a Second Amendment right to a gun was considered preposterous....But the Supreme Court [in Heller]...said that...individuals have a personal right to bear arms.”

...Anchor Wolf Blitzer raised the Second Amendment issue with Toobin, a graduate of Harvard Law School, and the others on their panel analyzing the hearings.... [and] asked...what were the nominee’s “positions, specifically on the federal obligation to support the Second Amendment, as opposed to local communities..?”

The CNN...analyst harkened back to his law school days...and possibly revealed a bit of his formation as a liberal:

TOOBIN: You know, it’s funny, the way that this hearing goes, you would think that Supreme Court precedent is some unchanging thing- that is just the law that is changed. But if you look at the Second Amendment, that’s something that’s changed dramatically over the last- for 50 years, including when I was in law school, which was more recently than 50 years ago- the idea that you had a Second Amendment right to a gun was considered preposterous. The text of the Second Amendment, I believe we have it- we have it in our system- you know, speaks of a well-regulated militia and the right to bear arms.

Well, courts used to say, well, this only affects the rights of state militias. But the Supreme Court, two years ago, in the famous Heller decision, said that when it comes to the federal government, we- individuals have a personal right to bear arms, and the D.C. gun control law was thus unconstitutional....


(Excerpt) Read more at newsbusters.org ...


TOPICS: Constitution/Conservatism; Extended News; Front Page News; News/Current Events; Politics/Elections
KEYWORDS: bang; banglist; caselaw; cnn; elitism; harvard; heller; leftismoncampus; liberalelite; liberalfascism; secondamendment; shallnotbeinfringed; toobin
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To: Pyro7480
“When I was in law school...the idea that you had a Second Amendment right to a gun was considered preposterous

Why don't you read the 2nd Amend, read the historical context it was written in, read the commentary of the people that wrote it, read the reason it was thought necessary to put in the Constitution... AND TRY THINKING ON IT FOR YOURSELF!!! instead of just regurgitating what you were told by others....

61 posted on 07/15/2009 5:30:42 PM PDT by tophat9000 (Obama plans to fix America like he fixed his dog)
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To: xcamel

Bump!


62 posted on 07/15/2009 5:35:38 PM PDT by BenLurkin ("A new Dark Ages made all the more terrible and prolonged by the sinister powers of science.")
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To: Pyro7480

Toobin is an idiot, there no longer can be any doubt about that.


63 posted on 07/15/2009 5:37:28 PM PDT by jwalsh07
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To: OldDeckHand

Okay, you can stay. But the rest of you lawyers get on the bus and over the cliff. lol


64 posted on 07/15/2009 5:37:35 PM PDT by Vendome (Don't take life so seriously... You'll never live through it.)
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To: libh8er

peace = piece.

Please


65 posted on 07/15/2009 5:40:23 PM PDT by Vendome (Don't take life so seriously... You'll never live through it.)
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To: Natural Law

The Second Amendment is an Absolute “Inherent” Right and God given.

Speaking of Absolute, I think I will have one.


66 posted on 07/15/2009 5:43:20 PM PDT by Vendome (Don't take life so seriously... You'll never live through it.)
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To: Personal Responsibility

You clearly do not understand the 2nd Amendment. It does not grant a right. So revoking it does nothing.

You can not take a RIGHT away. That shows a real basic misunderstanding about what rights are.


67 posted on 07/15/2009 5:45:50 PM PDT by Double Tap
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To: Personal Responsibility
If I do not like it, I can work through the Congress and Amendment process to get it changed.

Not so fast!

The Bill of rights does not grant rights - it enumerates individual rights that come from a higher authority than the Constitution. Accordingly, the Bill of Rights cannot be changed by a constitutional amendment.

68 posted on 07/15/2009 5:46:11 PM PDT by CharacterCounts (November 4, 2008 - the day America drank the Kool-Aid)
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To: Personal Responsibility
Just out of curiosity, do you believe individuals have a right to protect themselves?
69 posted on 07/15/2009 5:52:08 PM PDT by paul51 (11 September 2001 - Never forget)
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To: Pyro7480
Hhmmm... Having just gotten done fighting a bloody war over INDIVIDUAL Rights and the proper role of government, the Founders in a BILL OF RIGHTS gave a "right" to State militias.

Now that IS preposterous. The Right was Individual. As ALL Rights are. The Founders expounded upon this at length.

Denying this is either stupid or evil. In the Dems case, we can assume both...

70 posted on 07/15/2009 6:08:13 PM PDT by Dead Corpse (III)
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To: Pyro7480

He ain’t educated, he’s indoctrinated.


71 posted on 07/15/2009 6:27:17 PM PDT by Islander7 (If you want to anger conservatives, lie to them. If you want to anger liberals, tell them the truth.)
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To: Dead Corpse; All
What part of "shall not be infringed" is ambiguous?

You couldn't string together 4 more unabiguous words if you tried.
72 posted on 07/15/2009 6:28:39 PM PDT by Red in Blue PA (If guns cause crime, then all of mine are defective!)
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To: Don Corleone

I think it’s the biggest Ivy League school.


73 posted on 07/15/2009 6:32:17 PM PDT by The KG9 Kid
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To: Personal Responsibility
” If I do not like it, I can work through the Congress and Amendment process to get it changed.”

I believe you are incorrect. The original Bill of Right can not be altered and since they are enumerated in the Bill of Rights, all citizens have them by birth. Since these Rights were not granted by men, they can not be taken away by men.

74 posted on 07/15/2009 6:34:13 PM PDT by CapnJack
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To: Pyro7480

Jeffrey Toobin. Your man card is revoked!


75 posted on 07/15/2009 6:40:20 PM PDT by Hat-Trick (Do you trust a government that cannot trust you with guns?)
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To: Pyro7480
Hey Toobin, come knocking on my door and try to deny my Individual Right to own a gun.

Toobin is a pussy, just like the girl who threw the ceremonial first pitch at the All Star Game last night.

76 posted on 07/15/2009 6:43:58 PM PDT by Kickass Conservative (If Hitler used a TelePrompter, we would all be speaking German...)
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To: Pyro7480

He is an elitist and a moron. Militia was legally defined over two hundred years ago and has been altered only slightly once since then and that was to distinguish between the state militia and unorganized militia, which is the general public.


77 posted on 07/15/2009 6:46:59 PM PDT by Blood of Tyrants (Socialism is the belief that most people are better off if everyone was equally poor and miserable.)
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To: Pyro7480; All

( Evil laugh ) He he he!


78 posted on 07/15/2009 6:49:31 PM PDT by Islander7 (If you want to anger conservatives, lie to them. If you want to anger liberals, tell them the truth.)
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To: grey_whiskers
The Poison Ivy League:

Harvard

Yale

Princeton

Cornell

Brown

Dartmouth

Columbia

Penn

Cheers!

79 posted on 07/15/2009 6:59:20 PM PDT by Islander7 (If you want to anger conservatives, lie to them. If you want to anger liberals, tell them the truth.)
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To: Islander7
LOL!! Consider that sobriquet STOLEN.

Cheers!

80 posted on 07/15/2009 7:09:41 PM PDT by grey_whiskers (The opinions are solely those of the author and are subject to change without notice.)
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