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We dodged a bullet - BIG TIME!
vanity | June 26, 2008 | neverdem

Posted on 06/26/2008 2:45:32 PM PDT by neverdem

If the title isn't the understatement of the day, please show it to me. The universal right to self defense as recognized by an individual right interpretation of the Second Amendment depended on Justice Anthony Kennedy in a 5 - 4 decision. I was disappoined in Ginsburg and Souter considering their opinions in Muscarello.

It was a clean decision. Fears that it would create new infringements were proven unfounded. All of D.C.'s infringemnts at issue were declared infringements, nothing more, nothing less, and struck down. D.C. was told to deal with it. "We affirm the judgment of the Court of Appeals. It is so ordered."

All of the other infringements around the country, licensing, registration, concealed carry bans, handgun prohibitions, de facto machinegun bans, felon and nutjob bans, etc., were left standing. We still have a long road to hoe. I expect the "open carry" movement to spread around the country, especially in places that prohibit concealed carry or have "may issue" concealed carry privileges. I also believe paying for licensing and registration will become an issue. You don't pay for a right.

Good God! The Lord works in mysterious ways. I didn't think it would be that close. If you are an atheist or agnostic, please reconsider. My prayers were answered.

DISTRICT OF COLUMBIA v. HELLER This pdf link is where I read the majority decision. It's the first 64 pages by their count, 67 pdf pages on my computer. The remainder are the minority decisions. The following are HTML links to the Syllabus of the decision and the majority decision, respectively.

DISTRICT OF COLUMBIA v. HELLER

DISTRICT OF COLUMBIA v. HELLER

Comment# 1 is a serial collection of excerpts of text, referenced blockquotes and footnotes that grabbed me. If you haven't read a Supreme Court decision, take a gander at my excerpts. The history is beautiful. (Pardon the spelling errors from words being fused in the translation from the pdf to HTML.)

The majority took the minority apart point by point, up close and personal! They took on by name Ginsburg, Stevens and Breyer. Souter was mum. I'd like to see the minority impeached. They were supposed to defend the Constitution, not castrate it.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Government; News/Current Events; Your Opinion/Questions
KEYWORDS: banglist; heller; muscarello; parker; secondamendment; shallnotbeinfringed
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To: neverdem
P.S. My Abiword file opened up again.

I frequently experience spontaneous mechanical healings. Occasionally technical or technology-related ones, too. (Unfortunately, that seems to be as far as any "healings" want to go with me.) ;)
21 posted on 06/26/2008 3:15:41 PM PDT by Fawnn (Canteen wOOhOO Consultant and cookingwithpam.com person - Faith makes things possible, not easy.)
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To: Dutch Boy
I thought the same thing. It should have been 9-0. This goes to show you that 4 justices believe they are the supreme law makers of the nation. That is very scary.

Yes, it shows that at least four of these guys can't read ENGLISH.

22 posted on 06/26/2008 3:17:26 PM PDT by fortheDeclaration (Sola Scriptura, Sola Fide, Sola Gratia, Sola Christus)
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To: neverdem

Yes, Scalia tried to tread the needle and failed. He recognized the full meaning of “the right to keep and bear arms” yet failed to recognize that the right exists any further than your front door. He could have ruled that your rights exist regardless of your location in public with a few exceptions, but didn’t. It is a start, but there are many battles yet to fight.


23 posted on 06/26/2008 3:19:24 PM PDT by Blood of Tyrants (G-d is not a Republican. But Satan is definitely a Democrat.)
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To: neverdem

Thanks very much for all your time and effort! You’ve kept us up to date since the beginning of Parker/Heller and and we appreciate it.


24 posted on 06/26/2008 3:26:53 PM PDT by EdReform (The right of the people to keep and bear Arms shall not be infringed *NRA*JPFO*SAF*GOA*SAS*CCRKBA)
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To: neverdem

The next president may select the next justice....There are some that say it doesn’t matter who wins the next election Obama or McCain. I say that the more conservative of the two needs to win and this case illustrates why.


25 posted on 06/26/2008 3:29:48 PM PDT by Drango (A liberal's compassion is limited only by the size of someone else's wallet.)
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To: Big E
But if they think that the 2nd Amendment does not allow me to have a handgun in my house.... then what’s it there for? What right does it then guarantee? Do they answer that in their dissents?

As I've posted elsewhere, I think a fundamental right that no one talks about is the right to self-defense. I think it was so self-evident that the general populace could protect themselves against criminals, savages, and wild beasts in 1776 that it wasn't specifically spelled out for the obtuse generations to come. If criminals are armed, self-defense requires arms.

Also discussed by the founders was the need to bear arms against potential government misconduct, but that's not the daily issue facing most Americans, and hopefully it won't ever be.

26 posted on 06/26/2008 3:30:26 PM PDT by Pearls Before Swine (Is /sarc really necessary?)
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To: PEACE ENFORCER

those 4 justices are traitors.....

their job is to defend the constitution, not re-write it.


27 posted on 06/26/2008 3:31:40 PM PDT by Vaquero (" an armed society is a polite society" Heinlein "MOLON LABE!" Leonidas of Sparta)
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To: Dutch Boy
That is very scary.

You want scary, consider what will happen if Obama-dama is elected and proceeds to stack that court with his favorite folks. We've already seen that it doesn't bother those twits one bit to revisit and usurp precedents.

28 posted on 06/26/2008 3:35:54 PM PDT by Marauder (Damn the Bolsheviks to hell.)
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To: neverdem

I have some questions.
1. How does this effect the New York State Sullivan gun law?
2. Can one buy a pistol for home defense in any state (New York?) without a permit. Presently one has to go before a local judge and pay a whopping fee?
3. Once you have a pistol, where can one go to target practice with it? In your basement?
4. Can one have more than one pistol for self defense? Can one have a pistol for the wife.?


29 posted on 06/26/2008 3:36:25 PM PDT by Citizen Tom Paine (Swift as the wind; Calmly majestic as a forest; Steady as the mountains.)
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To: Blood of Tyrants
I thought it was a shame that Scalia didn't specifically mention the use of firearms by the people to control gone crazy governments.
30 posted on 06/26/2008 3:36:32 PM PDT by B4Ranch (Having custody of a loaded weapon does not arm you. The skill to use the weapon is what arms a man.)
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To: neverdem

I always dodge bullets.


31 posted on 06/26/2008 3:36:40 PM PDT by BorisTheBulletDodger
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To: nuadvntur

Government already has control of the 1st. They want total control of the 2nd because it is the most dangerous to them personally.


32 posted on 06/26/2008 3:39:45 PM PDT by B4Ranch (Having custody of a loaded weapon does not arm you. The skill to use the weapon is what arms a man.)
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To: nuadvntur
Absolutely agree. You just nailed it.
33 posted on 06/26/2008 3:40:36 PM PDT by MNJohnnie (http://www.iraqvetsforcongress.com ---- Get involved, make a difference.)
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To: neverdem
We dodged a bullet - BIG TIME! [5-4]

Definitely. And 2 of those 4 were appointed by Republican presidents.

Dissents were Justices John Paul Stevens [Ford appointee],
David H. Souter [GHW Bush appointee],
Ruth Bader Ginsburg and Stephen G. Breyer [Clinton appointees].
34 posted on 06/26/2008 3:43:18 PM PDT by TomGuy
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To: neverdem

Wow, now THAT is a vanity!!!!

Great work, I need to now REALLY read it closely....after I get myself around a beer.

(Been outside all day in the sun.)


35 posted on 06/26/2008 3:47:23 PM PDT by Travis McGee (--- www.EnemiesForeignAndDomestic.com ---)
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To: neverdem; Southack

You want us to celebrate this? Pray tell, why? We are on the fast road to tyranny. The fact that our black robed lords and masters, by a very slim majority, voted to “give” us a right that is already OURS to being with, is DISGUSTING. They trash the US Constitution in decision after decision and we are supposed to celebrate when they turn off the heat right before the proverbial frog is boiled????

All we’ve “won” is a temporary reprieve, and THAT is nothing to celebrate.


36 posted on 06/26/2008 3:49:32 PM PDT by CitizenUSA (Republican Who Will NOT Vote McCain!)
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To: CitizenUSA

Yes! I’m celebrating!

The SCOTUS just ended *decades* of liberal lies about so-called “collective rights” for the 2nd, but “individual” rights for the 1st.

This is an enormous victory, and it is important to celebrate milestones.

...that you lament past setbacks instead of celebrating current victories shows problems that you need to deal with personally...but the rest of the U.S. should be celebrating FREEDOM!

We didn’t even have to shed blood for this win.


37 posted on 06/26/2008 4:01:40 PM PDT by Southack (Media Bias means that Castro won't be punished for Cuban war crimes against Black Angolans in Africa)
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To: neverdem

Why do we need the amendment process when we have the Supreme Court as constituted after Marbury v. Madison?


38 posted on 06/26/2008 4:09:32 PM PDT by gorush (Exterminate the Moops!)
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To: neverdem

A similar query, why bother enumerating powers if the “general welfare” clause allows all?


39 posted on 06/26/2008 4:11:47 PM PDT by gorush (Exterminate the Moops!)
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Comment #40 Removed by Moderator


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