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DC vs. Heller Ruling to be Issued June 26
Supreme Court ^

Posted on 06/25/2008 7:33:33 AM PDT by DaveLoneRanger

The DC gun ban case ruling will be issued tomorrow, Thursday, June 26. Stay tuned!


TOPICS: Constitution/Conservatism; Front Page News; Government; News/Current Events; US: District of Columbia
KEYWORDS: banglist; dcvsheller; guns; heller; judiciary; scotus; secondamendment
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To: Pistolshot

Regardless of whether you agree with the Louisiana law or not, the text of the Eighth Amendment prohibits cruel or unusual punishment, not harsh or drastic punishment. It says nothing about proportionality of punishment, and certainly does not prevent capital punishment for rape of any sort. Crimes like robbery, burglary, and, yes, rape were capital crimes in most, if not all, of the country when the Eighth Amendment was drafted and ratified, and for many decades afterwards.

Now, the Supreme Court has, since then, imposed its own values onto the text of the Eighth Amendment to make it mean something it doesn’t, but that’s no more legitimate than any other activist, “living constitutionalist” decision.

If any value judgment is to be made as to what crimes warrant death in Louisiana, it is to be made by the Louisiana legislature, not by the US Supreme Court.


121 posted on 06/25/2008 12:20:32 PM PDT by The Pack Knight (Duty, Honor, Country.)
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To: An Old Man

You’re not Old - You’re BOLD.

Semper Fi to you as well, sir. And God bless you.


122 posted on 06/25/2008 12:49:34 PM PDT by NFHale (The Second Amendment - By any means necessary.)
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To: Dead Corpse
Ammoholics Anonymous

I'm a junkie and I need help...

...picking up all the brass and wheelweights I can find. 8^)

123 posted on 06/25/2008 1:03:50 PM PDT by AngryJawa ({IDPA, NRA} All Hail John Moses Browning)
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To: AngryJawa
You just get done putting away the Hoppes #9 and bore brush, it seems like the weekend is here again with more lead flying down range.

Instead of finding a cure, maybe we should just learn to live with our disease... ;-)

124 posted on 06/25/2008 1:41:10 PM PDT by Dead Corpse (What would a free man do?)
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To: DaveLoneRanger
Buy me an AR-15, extra clip, some ammo, and a 15+1 round Glock and I’ll pay you when I get the money. :-P


125 posted on 06/25/2008 1:53:48 PM PDT by xrp (RON PAUL! To HELL with neo-cons!)
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To: xrp
Maybe Scalia's opinion writeup will include language to finally settle the Magazine vs. Clip, .45ACP vs. 9x19mm, and AR vs AK cases as well.
126 posted on 06/25/2008 2:00:02 PM PDT by AngryJawa ({IDPA, NRA} All Hail John Moses Browning)
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To: BOBWADE

Ping for later reading


127 posted on 06/25/2008 3:36:33 PM PDT by BOBWADE
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To: Pistolshot
Now, as far as the no death penalty in the case of rape of a child, I believe the ruling is correct. Nothing short of murder should carry the death penalty

Your opinion, which you are entitled to. The Court however is supposed to base their rulings on the law and most especially upon the Constitution. The Court said, and you seem to feel as well, that the punishment is disproportionate. But the Constitution's 8th amendment doesn't ban disproportionate punishment, only cruel and unusual punishment. What is "disproportionate" is a matter for legislatures, not Justices, to determine. As far as "unusual" goes, the only reason no one has been executed in over 40 years for a crime not involving a dead victim, is that the Court itself banned the death penalty for rape back in 1977. Even before that it wasn't used often, but often enough not to be unusual. It sure as heck isn't cruel. The way execution are conducted today, it's the same sort of method millions use to put down their cherished animal companions and pets to *prevent* a really horrible death, such as by kidney failure, distemper, etc. The Court has inserted its own opinions as though they were the legislative representatives of the people.

128 posted on 06/25/2008 4:01:09 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: The Pack Knight
I expect Kennedy to write the majority opinion, with Scalia and/or Thomas writing their own concurrances.

If Kennedy writes the Majority opinon, it will be 4-5 against against overturning the DC laws, and Thomas or Scalia might write the dissenting opinion. It might still be found to be an individual right, but it will be declared subject to "reasonable" regulations, and the DC laws termed "reasonable".

129 posted on 06/25/2008 4:04:46 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: Pistolshot
The force of law needs to be tempered not with emotion, but with restraint and careful contemplation of punishment.

But by legislators, not by unelected Judges. Otherwise it's the rule of Judges, not the rule of law.

130 posted on 06/25/2008 4:11:57 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: DoughtyOne
It is also the majority opinion of this court, that representative government bodies in the United States do have the ability to single out certain weapons that are a danger to society, and to limit or forbid their ownership by the citizens they represent.

They could rule that way, say by upholding the handgun ban.

It is also the majority opinion of this court that representative government bodies in the United States do have the ability to control the ammunition that would be used in guns owned by the citizens of the United States.

Ammunition is not at issue in this case, so they are unlikely to mention it. But it would follow from the first posited ruling, if they could ban dangerous arms, they could ban dangerous ammunition.

131 posted on 06/25/2008 4:20:46 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: Perdogg

Close loss.

Remember Bush came out against Heller, and most of the SC is left of him.

Stock up, and remember that after January you will have a very short time to buy anything for what may be coming.


132 posted on 06/25/2008 4:39:28 PM PDT by redgolum ("God is dead" -- Nietzsche. "Nietzsche is dead" -- God.)
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To: Antoninus
How about a million angry gun owners marching (peacefully) on DC. Do you think that would get anyone's attention?

Probably about the same kind of attention the Bonus Marchers got.

See also Bonus Army

133 posted on 06/25/2008 4:50:31 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: El Gato

I agree with your observations. Thanks for the response.


134 posted on 06/25/2008 4:53:37 PM PDT by DoughtyOne ( I say no to the Hillary Clinton wing of the Republican party. Not now or ever, John McCain...)
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To: Pistolshot
It's call proportionality of punishment.

But that's NOT in the Constitution. It's a value judgment, as such making it is among the powers reserved to the states by the 10th amendment.

Now, the taking of a life deserves the response that society as a whole is willing to accept, not what you personally think should happen.

Right, and the Supreme Court is not "society as a whole". Neither is a legislature, but under our system it's their job and their power to represent society as a whole.

135 posted on 06/25/2008 4:58:51 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: Ancesthntr
The Court won't even touch upon the definition of "bear" (as in "the right of the people to keep and bear arms...), as this is not a case regarding the right to carry a firearm

Actually one of the DC laws in the Supreme Court's formulation of The Question, does concern bearing arms. It bans bearing loaded long arms, even in one's own home, from one room to another.

136 posted on 06/25/2008 5:03:06 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: El Gato

And do you believe the death sentence was given without emotion involved?


137 posted on 06/25/2008 5:06:13 PM PDT by Pistolshot (When you let what you are define who you are, you create divisiveness.)
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To: Pistolshot
The right of the state to define what crimes should recieve the death penalty should be controlled, or would you accept the death penalty for drunk driving or jay-walking, if you take it to the extremes?

Would a jury be willing to sentence someone to death for jaywalking? I know that it's not uncommon for the state to play various games with what juries are and are not allowed to hear, and that's a problem that needs to be addressed. Nonetheless, if the state refrains from gaming the jury, I would trust that jury's judgment far more than Justice Ginsburg's.

138 posted on 06/25/2008 5:19:30 PM PDT by supercat
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To: redgolum
Remember Bush came out against Heller, and most of the SC is left of him.

His justice department did, but then his Vice President, in Mr. Cheney's capacity as President of the Senate, came out for Heller by signing up for the Amici brief supporting Heller. I don't think "W" himself has made a statement one way or other. If you have a link to one, I'd appreciate it. But even the solicitor general did not argue against an individual right, but rather for "reasonable restrictions" based on "compelling state interest".

BTW, McCain also signed onto that "friend of the court" brief in support of Heller, which was written by Stephen Holbrook, well known pro arms rights attorney. B. Hussein did not, nor did he have the stones to sign on to a brief for DC, as 18 sitting Congresscritters, lead by Chaka Fattah did.

139 posted on 06/25/2008 5:39:22 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: Pistolshot
And do you believe the death sentence was given without emotion involved?

Probably not, but so what? The potential for a judge or jury, I prefer a jury, to impose a death penalty for any particular crime is a matter for legislation. That might not be emotionless as we might like, but I don't think Supreme Court Justices have a corner on the dispassion supply either.

140 posted on 06/25/2008 5:47:43 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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