Posted on 01/14/2008 7:32:42 AM PST by jdm
“...compromise...However, the only reason that this case has a pretty good shot at POTUS defining the 2nd A as an individual right is because we have Roberts and Alito on the bench.”
Actually, it was the unwillingness of the conservative base to compromise that gave us those fine gentlemen.
How do you think Miers would have voted?
Once a person is convicted of a crime that involved the use of a gun, he should be severely punished--no parole given, no excuses made.
Our rights should not be infringed because there are folks who commit crimes using a gun.
Ignorant, stupid, or evil. They've gotta be one of 'em...
The problem with using the analogy of falsely shouting fire in a crowded theater to banning possesion of arms is that the person still has his means to shout fire, i.e., his vocal chords. Banning the implements of self defense would be the same as removing our vocal chords so we can’t shout fire and thereby cause injury.
CONCLUSION
The Court should affirm that the Second Amendment,
no less than other provisions of the Bill of Rights,
secures an individual right, and should clarify that the
right is subject to the more flexible standard of review
described above. If the Court takes those foundational
steps, the better course would be to remand.
Respectfully submitted.
Why is it that a `made up’ constitutional right like “the right to privacy” or a “suspect category” receives the `strict scrutiny’ standard of review, while the 2nd Amendment should be subject to—at least according to this administration `mouthpiece’: “a more flexible standard of review”?
“When the government can define the limits of your rights, you don’t have any.”
Bingo.
A right is a right. A privilege is how Bush’s DOJ views firearms ownership.
How about seeing them legally allowed to own cars, knives, gasoline, matches and baseball-bats?
“Theres an argument elsewhere in this thread that alludes to nuclear weapons. Explosive devices are not generally considered to be firearms, which is the subject of this action.”
The power of a nuclear weapons can’t be controlled by an ordinary citizen and would threaten the lives of others, therefore, the banning of nuclear weapons is within the constitution since the rights of others are threatened. The same argument can be made regarding biological weapons ownership. A Firearm on the other hand can be controlled by it’s owner and is not indiscriminate in nature, therefore firearm ownership falls under the protection of the second amendment.
That being said, from a technical standpoint a nuclear weapon is an “arm” as defined by the 2nd amendment.
strict scrutiny is the correct standard - and SCOTUS needs to realize that adopting any other standard will let the government’s nose under the tent farther than it already is wrt the 1st, 4th, and 5th amendments...
Exactly. Are they putting America on the road to gun restriction?
Where in the Second Amendment do you see the word "firearm"? Nuclear weapons are commonly referred to as arms, as in a "nuclear-armed Iran".
sorry.......guess i’l have to go out and buy me one now.....
EXACTLY
Let me know what kind of a price you find; I'm in the market myself.
“Actually, it was the unwillingness of the conservative base to compromise that gave us those fine gentlemen.
How do you think Miers would have voted?”
You bring up a great point. However, a liberal like Gore or Kerry would not have been beholden to the conservative base. They would have been beholden to the liberal base which would have made them nominate as liberal a judge as possible. We have sway over Bush. We have no sway over a Kerry or Gore.
BTW, in answer to your question, Harriet would have consulted with George Bush first to see how he wanted her to vote... : )
I’m sure nobody here even remotely thinks Bush has EVER been one to stand up for the Constitution concerning the 2nd Ammendment. He always said that he would reinstate the AWB if it ever came across his desk!!!
So your point is that since nuclear arms should be restricted then all arms should be restricted. Or are you just being sarcastic for the heck of it?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.