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Sotomayor to Senators: 2nd Amendment does not apply to states
DC Examiner ^ | 6/11/09 | Bill Dupray

Posted on 06/11/2009 1:53:18 PM PDT by anniegetyourgun

When the lefties are replacing a lefty on the Supreme Court with another lefty, the balance is preserved and the downside to the country is somewhat minimized. Sometimes you need to pick your battles. If Obama were filling Scalia's seat for example, this would be a Battle Royale. I figured that the Republicans can't stop this nominee anyway, unless something big and nasty was unearthed. Methinks this is it.

Though she says she supports Heller's holding that the 2nd Amendment prevents the Federal Government from banning guns, still undecided is the issue of whether that holding also applies to state bans. The Supreme Court has, over the years, decided that each Amendment in the Bill of Rights does indeed also apply to the states. It is crucial that Heller be read the same way. In a rare moment of candor from a SCOTUS nominee, Sotomayor seems to have tipped her hand: No dice.

(Excerpt) Read more at examiner.com ...


TOPICS: Constitution/Conservatism; Front Page News; Government; News/Current Events
KEYWORDS: 2ndadmendment; 2ndamendment; banglist; rbka; scotus; sotomayor
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To: anniegetyourgun
>> When the lefties are replacing a lefty on the Supreme Court with another lefty, the balance is preserved and the downside to the country is somewhat minimized. Sometimes you need to pick your battles. If Obama were filling Scalia's seat for example, this would be a Battle Royale <<

Right. That's why the Republicans went for a "battle royale" when Bill Clinton decided to change the "delicate balance of the court" by replacing the center-right Byron White with rabid leftist ACLU lawyer Ruth Bader Ginsburg.

Oh wait...

21 posted on 06/11/2009 2:40:09 PM PDT by BillyBoy (Impeach Obama? Yes We Can!)
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To: anniegetyourgun

And she had no idea that abortion stops a beating heart.


22 posted on 06/11/2009 2:40:39 PM PDT by Carley (OBAMA IS A MALEVOLENT FORCE IN THE WORLD)
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To: NativeNewYorker
It’s noteworthy that our legal ruling class seems not to believe in the law.
23 posted on 06/11/2009 2:43:17 PM PDT by Cacique (quos Deus vult perdere, prius dementat ( Islamia Delenda Est ))
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To: anniegetyourgun
Does her interpretation extend to the rest of the Bill of Rights? If not, why not?

Regards,
GtG

PS SS, you don't get to pick and chose your rights. It's a package deal.

24 posted on 06/11/2009 2:43:28 PM PDT by Gandalf_The_Gray (I live in my own little world, I like it 'cuz they know me here.)
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To: anniegetyourgun

Sotomayor is not qualified. Apparently she’s either never heard of the Supremacy Clause or chooses to ignore it.

Article VI, Clause 2:

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the contrary notwithstanding.”


25 posted on 06/11/2009 2:46:12 PM PDT by PBinTX
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To: anniegetyourgun
Okay, the gloves are off.

Yep!

Wasn't something comparable to this tried during the Heinous' husbands term?

If I recall, it didn't work out so well for them, however these lifetime appointments IMO are the most crucial because of the term of office given.

Molon labe

26 posted on 06/11/2009 2:50:12 PM PDT by EGPWS (Trust in God, question everyone else)
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To: a fool in paradise
Then neither does the first amendment.

Yeah, another "fart in church".

27 posted on 06/11/2009 2:51:28 PM PDT by EGPWS (Trust in God, question everyone else)
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To: pleikumud

Thanks pleikumud, good info and helpful background, and very much agree with your conclusion!


28 posted on 06/11/2009 2:54:20 PM PDT by vox_freedom (America is being tested as never before in its history. God help us.)
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To: PBinTX

The War Between The States (U.S. Civil War) was over states rights as opposed to federally mandated Constitutional rights. You know, that “all men are created equal’ stuff...

Owning another human being was a violation of the U.S. Constitution right from the ‘get go’. I’ve always been amazed that slavery, as economic necessity and as an institution in the South, lasted as long as it did.


29 posted on 06/11/2009 2:56:45 PM PDT by SatinDoll (NO Foreign Nationals as our President!!)
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To: anniegetyourgun

Oh great, another moronic advocate for flushing the Constitution down the toilet....


30 posted on 06/11/2009 2:58:00 PM PDT by cranked
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To: Vigilanteman

come on. didn’t you know. there is no law stating we must pay federal “income” taxes.

i never understood the whole hupla over the “tax cheats”.

;-)

(referring to http://video.google.com/videoplay?docid=-1656880303867390173 of course)


31 posted on 06/11/2009 3:02:25 PM PDT by kpp_kpp
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To: All
To make such a change stick, Sotomayor, if confirmed, would first have to wait for the court to hear a case that challenges the “Incorporation Doctrine” by which the Supreme Court extended the limitations set upon the federal government to the state government.

Until the “Incorporation Doctrine” ruling and subsequent rulings based upon it were made, states enjoyed the freedom to dictate prayer in public schools, indeed, declare a state religion, plus place limitations in behavior the federal government could not.

I doubt there's even the slightest chance of the court hearing a case that would overturn the “Indoctrination Doctrine”, be it a Democrat or Republican court.

32 posted on 06/11/2009 3:43:26 PM PDT by backtothestreets
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To: lormand

Yes, I already regret sending my little $25 to Cornyn.


33 posted on 06/11/2009 3:43:48 PM PDT by Theodore R.
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To: Ahithophel

Does the GOP/and some southern/western democrats have a spine to vote her down?


34 posted on 06/11/2009 3:55:22 PM PDT by personalaccts (Is George W going to protect the border?)
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To: anniegetyourgun; 1Old Pro; aardvark1; a_federalist; abner; alaskanfan; alloysteel; alfons; ...

Time to become activists; write your Senator!


35 posted on 06/11/2009 4:03:40 PM PDT by editor-surveyor (The beginning of the O'Bummer administration looks a lot like the end of the Nixon administration)
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To: kromike
"Molon labe, Judge Latina."

That's Judge Sodom Mywhore to you!

36 posted on 06/11/2009 4:06:22 PM PDT by editor-surveyor (The beginning of the O'Bummer administration looks a lot like the end of the Nixon administration)
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To: anniegetyourgun

37 posted on 06/11/2009 4:11:51 PM PDT by Mad_Tom_Rackham ("I don't call 911" -- Chuck Norris.)
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To: anniegetyourgun

So this means that states can also choose to outlaw abortion.


38 posted on 06/11/2009 4:13:21 PM PDT by Yaelle
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To: editor-surveyor
Already called my good senator. He is in agreement.
39 posted on 06/11/2009 4:16:37 PM PDT by mad_as_he$$ (Nemo me impune lacessit (Two terms for politicians, one in office, one in jail.))
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To: anniegetyourgun

The amendments stand or fall together. They all apply or they don’t.


40 posted on 06/11/2009 4:17:45 PM PDT by Free Vulcan (No prisoners. No mercy. 2010 awaits.....)
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