Posted on 06/29/2010 5:43:51 PM PDT by OldDeckHand
Perhaps the most startling aspect of the Supreme Court opinions in McDonald v. Chicago was the dissenters' assault on District of Columbia v. Heller. Not only did Justice Stephen G. Breyer vote against extending the Second Amendment to state and local governments, he also argued forcefully and at length for overturning Heller and, therefore, for turning the Second Amendment into a practical nullity. Ominously, Justice Sonia Sotomayor joined the Breyer dissent - contradicting what she told the U.S. Senate and the American people last summer.
Regarding the key issue in McDonald - whether the 14th Amendment makes the Second Amendment enforceable against state and local governments - Justice Sotomayor resolutely refused to tell the senators how she might vote. So in voting against incorporating the Second Amendment, Justice Sotomayor was not inconsistent with what she had told the Senate. But regarding Heller, her actions as a justice broke her promises from last summer.
(Excerpt) Read more at washingtontimes.com ...
The outrage is that 4 of America’s robed totalitarian mullah’s haven’t resigned yet.
On the plain language of it the 14th Amendment does NOT make the 2nf Amendment enforceable ăinst states and localities. It is ALREADY enforceable against the states and localities. The wording of the 2nd is absolute. It does not reference the Congress. It says "shall not be infringed" and does not say who shall not infringe. It allows no exceptions. The 1st Amendment is a stricture on Congress. It says so. It did not apply to the states until the 14th Amendment "incorporated" it. The 2nd Amendment needed no such incorporation in order to apply to the states and localitiesand to employers and your neighbors and everyone else! It does not even allow of banning possession by felons. It is ABSOLUTE. Why are supposedly Constitutionalist Justices inventing the incorporation fantasy for the 2nd unless that makes it easier to strike it down later?
“What will happen, is that these idiots will create a civil
war with the American citizens..”
It’s been my opinion that the idiots on the SC precipitated the first Civil War with its Fugitive Slave Act ruling in 1851. The idiots on the court think they’re blessed with divine protection. If the court starts a second civil war, we’ll see.
wouldn't this be considered perjury and grounds for removal.
Really? We keep purging until it does work, because if things don't change what do you think will happen on the streets? We can't afford for things not to change can we? We have been here before.
This is one of my rare ping everyone pings. Kagan must be stopped!
Kagan notes label KKK and NRA as 'bad guy' organizations
NRA holding its fire on Kagan, puzzling others on right
"Ms. Sotomayor comfortably won confirmation, with nine Senate Republicans voting for her."
Alexander (R-TN), Bond (R-MO), Collins (R-ME), Graham (R-SC), Gregg (R-NH), Lugar (R-IN), Martinez (R-FL), Snowe (R-ME) and Voinovich (R-OH) voted YEA for Sotomayor.
If you want to call the National Rifle Association of America, Institute for Legislative Action the number is 800-392-8683. When you start to get number options, click on 4. I had to wait a few minutes. I was told that they would probably score the Kagan vote.
INDEED TO THE MAX.
I don't like the 14th amendment argument. Unlike the 1st amendment which says "Congress shall make no law..." the 2nd Amendment says "the right of the people to keep and bear arms SHALL NOT BE INFRINGED." (emphasis added) When the document says a right of the people shall not be infringed, rather than "congress shall make no law" then clearly you don't need a 14th amendment incorporation to extend the protection of the people.
Or drive off of it as Teddy would say.
Right, but remember, for a period of time in our nation's history, the Bill of Rights didn't apply to the states. This is why states like MA and VA actually had official state religions. But, over time, and especially with Slaughter-House cases coming out of the adoption of the 14th Amendment, more and more of the BORs became incorporated.
bang
I hope they try it. I was reading DU last night and most of them were happy with the ruling. They try that sh*t they will lose almost all of their voters and cause CWII.
It comes as no surprise to me that the NRA has failed again to take a stand. I quit wondering about them a long time ago, when they demanded that all unconstitutional gun laws be enforced.
With friends like that, we don’t need any enemies.
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I’m shocked!
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The first amendment specifically stated that CONGRESS shall make no law, which was for all those years rightly interpreted as limiting federal/congressional powers but not limiting states' powers. Other amendments asserted protection of the rights of the people. In some cases, the courts interpreted these protections incorrectly as limitations on the federal government even though the amendment did not say, for example, "nor shall Congress take private property for public use..." thereby ruling that "nor shall private property be taken for public use" to allow state or local governments to confiscate private property.
“Liberals find it perfectly acceptable to flat out lie if they think the end justifies that means.”
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The Russians have a single word for that: PRAGMA. (the root of Pragmatism)
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Does it make any difference if we call and write and protest? I mean, is there any way, realistically speaking, that Kagan could be stopped?
“What happens when “major electoral purges” don’t work?”
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Then you give all government officials a Lead Enema.
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“Right, but remember, for a period of time in our nation’s history, the Bill of Rights didn’t apply to the states.”
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You don’t understand the Bill of Rights.
Some parts of it were a restraint on congress, and some were a restraint on government in general. This was made plain in the Federalist Papers. There has never been a time when the 2nd, 4th, and 5th ammendments didn’t apply to the states.
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Yep, that's it. I don't understand a the Bill of Rights. I have no idea how I managed to put 5 kids through college as a practicing attorney before you cam along to straighten me out.
If I have any need for an editor or a surveyor, I'll give you a call.
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