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Second Amendment cases up early
SCOTUSBLOG ^ | August 21, 2009 | Lyle Denniston

Posted on 08/24/2009 8:07:41 AM PDT by neverdem

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1 posted on 08/24/2009 8:07:41 AM PDT by neverdem
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To: neverdem
Health care, immigration, gun control. Each of these are potential flashpoints and all are being pushed, through one method or another.

The crack-up will occur prior to the 2010 election. That is why people in Congress will vote for healthcare and not worry about the next election cycle. There won't be a next election cycle.

2 posted on 08/24/2009 8:12:44 AM PDT by ClearCase_guy (Play the Race Card -- lose the game.)
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To: neverdem

I fiercely love the right to keep and bear arms and would enjoy sseing all gun laws rescinded, but once govt takes over the health care industry we’re not going to have to worry about our gun rights - they’ll be gone. A govt official will declare gun owners “unhealthy” and any gun owner would then be denied health care and, to really convince him to stop thinking like a free man, they will also deny care to his wife and kids. Could this happen? I think it’s possible. Remember a few years back where children’s doctors were asking “Is there a gun in the house?”


3 posted on 08/24/2009 8:13:28 AM PDT by BertWheeler (Dance and the world dances with you...)
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To: DMZFrank; endthematrix; Chgogal; NotJustAnotherPrettyFace; Lawgvr1955; Petruchio; stylin19a; ...

I see another 5 - 4 for the good guys, IMHO. How could citizens of D.C. have more rights than citizens of Chicago?


4 posted on 08/24/2009 8:14:41 AM PDT by neverdem (Xin loi minh oi)
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To: neverdem

It all depends on Justice Kennedy.

Pray.


5 posted on 08/24/2009 8:15:45 AM PDT by ZULU (God guts and guns made America great. Non nobis, non nobis Domine, sed nomini tuo da gloriam.)
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To: neverdem

Does anyone actually believe Sotomayor will recuse herself? BWAHAHAHAHAHAHA


6 posted on 08/24/2009 8:18:48 AM PDT by Oldpuppymax (AGENDA OF THE LEFT EXPOSED)
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To: neverdem
Both petitions challenge a Seventh Circuit Court ruling that the Amendment does not restrict gun control laws adopted by state, county or city government, but applies only to federal laws.

Am I English challenged? What the heck kind of backwards talking society are we living in? The Second Amendment as written, applies to all jurisdictions. However, the First Amendment does not. Congress shall not

So the busybodies are running around arguing that you can't pray in schools and have to allow pornography locally on First Amendment grounds when it contains a Congress shall not statement, yet local jurisdictions CAN ban guns when the Second Amendment does not contain a Congress shall not statement.
7 posted on 08/24/2009 8:22:08 AM PDT by Crazieman (Feb 7, 2008 http://www.freerepublic.com/focus/f-news/1966675/posts?page=28#28)
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To: BertWheeler

“Remember a few years back where children’s doctors were asking “Is there a gun in the house?””

They still ask.

And in the UK your health care is limited if you smoke or are what the government calls “obese”.

Yes, it can happen hear, firearms after all being vicious and use lead, and powder. Many ways to limit health care options for gun owners.


8 posted on 08/24/2009 8:26:08 AM PDT by DBrow
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To: ClearCase_guy
Crack up? National break up? ObamaCare Jokes Obama Jokes
9 posted on 08/24/2009 8:28:13 AM PDT by tbw2 (Freeper sci-fi - "Humanity's Edge" - on amazon.com)
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To: Crazieman

Yup. It’s that “living document” stuff. It’s the “penumbra” that gave us Roe v Wade. The Constitution no longer means what it says. It actually means all kinds of stuff that it doesn’t say at all. Gotta have a decoder ring these days.


10 posted on 08/24/2009 8:32:12 AM PDT by ClearCase_guy (Play the Race Card -- lose the game.)
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To: Crazieman
The Second Amendment as written, applies to all jurisdictions.

Utterly false.

11 posted on 08/24/2009 8:33:12 AM PDT by Mojave (Don't blame me. I voted for McClintock.)
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To: neverdem
Incorporation is the next logical step after Heller. Justice Kennedy will likely vote for incorporation, since he did vote with the Conservative Justices in Heller. The Liberal Justices will vote against hearing this case and will vote against incorporating the Second Amendment. They will rely on stare decisis, to defend the 19th Century cases which ruled the Second Amendment did not apply to the States based on reasoning that was meant to convert the Fourteenth Amendment into a nullity.

PREDICTION: 5-4 for incorporation, with United States v. Cruikshank (1875), Presser v. Illinois (1886) and Miller v. Texas (1894) overruled. Opinion of the Court written by Justice Kennedy, with the primary (possibly sole) dissent written by Justice Stevens.

12 posted on 08/24/2009 8:35:02 AM PDT by Repeal 16-17 (Let me know when the Shooting starts.)
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To: neverdem
The Commerce clause must be undone ... That is where all this crap federal cram down springs from

The Civil War Amendments were racially based Amendments, incorporating the Bill of Rights for the new freedmen. The Democrat's racist southern governments tried to impose “black codes” which prevented former slaves from possessing guns.

These “Black Codes” were specifically designed to subjugate these recently freed slaves to be defenseless and at the mercy of the Democrat party's terror wing, the KKK. Congress passed a few laws to try and remedy this problem, but it wasn't until the Bill of Rights was incorporated did it become ‘fixed’.

Incorporation was specifically designed to force the several States to incorporate in their Constituions the federal Bill of Rights. So if this goes down ... does it become unfixed and depending on race you can control who owns a gun, or who has free speech, or (put your favorite right here)

Of course the "Civil War Amendments" did nothing to stop the Democrats terror wing, the KKK, whose influence finally dropped off in the 1950s.

Going to be an interesting time.

So you ask how did the Democrats remain in control of the southern states, quite simple, they had their terror wing, the KKK, go out and lynch the political opposition. Yes that's right, more whites were lynched by the KKK than were blacks, and for the same reason ... Intimidation and control.

13 posted on 08/24/2009 8:36:27 AM PDT by Tarpon (The Joker's plan -- Slavery by debt so large it can never be repaid...)
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To: neverdem; All

Every Freeper should be a member of the NRA. Enroll in an extra gun group if you feel the need but the media and the leftists hate and fear the NRA above all others.

Please join.


14 posted on 08/24/2009 8:37:12 AM PDT by Shooter 2.5 (NRA /Patron - TSRA- IDPA)
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To: Crazieman
Am I English challenged?

No, just challenged on Constitutional law cases that go way back to Marbury v. Madison and Barron v. Baltimore. The former said that SCOTUS has the last word about what's legal. The latter stated that the Constitution only applies to the feds.

After the Civil War, cases such as Slaughterhouse, Presser and Cruikshank came along to hamstring the 14th Amendment's intent to make the Bill of Rights apply to the states.

15 posted on 08/24/2009 8:38:24 AM PDT by neverdem (Xin loi minh oi)
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To: ClearCase_guy
The Constitution no longer means what it says.

It won't if the incorporationists have their way.

"Had the framers of these amendments intended them to be limitations on the powers of the State governments, they would have imitated the framers of the original Constitution, and have expressed that intention. Had Congress engaged in the extraordinary occupation of improving the Constitutions of the several States by affording the people additional protection from the exercise of power by their own governments in matters which concerned themselves alone, they would have declared this purpose in plain and intelligible language."--Barron v. Mayor & City Council of Baltimore, 32 U.S. 243 (1833)

16 posted on 08/24/2009 8:40:05 AM PDT by Mojave (Don't blame me. I voted for McClintock.)
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To: Mojave
You do know that Barron v. Baltimore came down 35 years before the Fourteenth Amendment was adopted.
17 posted on 08/24/2009 8:53:58 AM PDT by Repeal 16-17 (Let me know when the Shooting starts.)
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To: neverdem

I can live without incorporation, if they’d rule that the Commerce clause prohibits federal regulation of arms.


18 posted on 08/24/2009 8:54:27 AM PDT by Atlas Sneezed (Typical "Rightwing Extremist")
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To: Tarpon
Yes that's right, more whites were lynched by the KKK than were blacks, and for the same reason ... Intimidation and control.

Fascinating, do you have some independent sources?

19 posted on 08/24/2009 8:54:44 AM PDT by neverdem (Xin loi minh oi)
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To: Repeal 16-17
You do know that Barron v. Baltimore came down 35 years before the Fourteenth Amendment was adopted.

Thanks for the non sequitur.

20 posted on 08/24/2009 8:55:05 AM PDT by Mojave (Don't blame me. I voted for McClintock.)
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