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To: Mojave

CJ Marshall and the majority were arguing that they did not have jurisdiction over this case of a taking. Why? Probably because they knew it was a hot issue that could lead to dangerous times in the still young nation.

They were punting. That’s all. Overall, the Court’s history of incorporating some, but not all, of the Amendments is curious and illogical on it face.

Hopefully, the Roberts Court will take the appeal and rule in favor of the concept that right to keep and bear arms is a individual right everywhere, in every State. The fact that the 2nd Amendment actually specifies that it is a right of the people will help.


356 posted on 06/04/2009 12:58:03 PM PDT by savedbygrace (You are only leading if someone follows. Otherwise, you just wandered off... [Smokin' Joe])
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To: savedbygrace
Hopefully, the Roberts Court will take the appeal and rule in favor of the concept that right to keep and bear arms is a individual right everywhere, in every State.

And leave the interpretation of that right to the federal judiciary. So if the courts decide concealed carry isn't protected by the 2nd Amendment, Congress can ban it nationwide and void all state laws protecting carry.

358 posted on 06/04/2009 1:01:11 PM PDT by Mojave (Don't blame me. I voted for McClintock.)
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