Posted on 12/16/2018 3:44:02 PM PST by marktwain
In a split decision, a three judge panel at the Third Circuit Court of Appeals effectively ruled the Second Amendment of the Bill of Rights is a second-rate right, not entitled to the full protections of other enumerated rights. The opinion was filed on 5 December, 2018. The case is Association of New Jersey Rifle and Pistol Clubs, Inc. v. Attorney General New Jersey, No. 18-3170 (3rd Cir. 2018).
The two majority judges followed the trend of other Circuits where the Second Amendment is being degraded and reduced to second-rate status. Only a month ago, the First Circuit ruled the Second Amendment does not apply outside of the home.
The rogue Circuits are able to do this because the Supreme Court has been refusing to hear Second Amendment cases for nearly a decade. The Supreme Court only hears a limited number of cases. They are not required to hear all cases.
Some Circuit courts are gutting the Second Amendment by claiming it is not really a right. Rather, they say, it is a privilege the government may regulate if the government thinks it might do some good to regulate it. These Jurists seem embarrassed by the Second Amendment. They seem to believe their job is to limit it as much as possible, rather than to protect it as a fundamental right.
Judge Stephano Bibas wrote the dissenting opinion in the Third Circuit ruling. He is an outstanding jurist who was appointed by President Trump. At only 49 years old, he is already the 15th most cited jurist by the Supreme Court.
(Excerpt) Read more at ammoland.com ...
So they think. We The People know better.
The first amendment is running a close 2nd.
RKBA - the most controversial right in the Constitution.
SCOTUS relegated ALL so-called rights in the Constitution to privileges several times - sorry I can’t cite the case law. Only Treaty Tribes have, according to SCOTUS, Rights enshrined in the Constitution. Privileges which, as you see, cen be revoked at any given time.
SCOTUS will start hearing Second Amendment cases after PDJT fills a sudden vacancy if you get my drift.
Judges who believe this should be thrown out and put into the NICS so they never have to have their poor widdle feewings damaged by the presence of evil guns.
Next thing your know, we’ll be quarter in soldiers.
The SCOTUS needs to address the meaning of “...shall not be infringed”. Those words are pretty straight forward.
“The two majority judges followed the trend of other Circuits where the Second Amendment is being degraded and reduced to second-rate status.”
There has to be a day of reckoning...there just has to be.
And, yet, “made up” rights like abortion and men peeing in girl’s bathrooms can/will NOT be regulated or limited in ANY way...
And you better bake the damn cake.
We need take the power from these judges to interpret the meaning of the constitution to which ever way their little biased minds want.... and their party’s politics.
That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or abolish it, and to institute new Government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.
I wonder if the other amendments, beyond the Bill of Rights, to the Constitution can be designated as first rate, second rate, or even third rate. For example, the 22d Amendment. What if Obama decided that he wanted to run for President again and what if his friendly judges decided that the 22d Amendment was a third rate Amendment, only applying to Republican candidates. Then, Obama could become President for Life and he could proclaim that the entire Constitution was a third rate document, only in effect for those matters chosen by the President for Life.
Progressives do not believe those statements.
See the link in post 15.
Go Lord they are as dumb as the ninth. This is a priority right. SCOTUS better fix this quick
The USSR had freedom of religion in its constitution. That writing was useless since judges didn’t enforce it. The same will happen here.
A “second-rate” right.
Looks like we have some fifth-rate judges in the Third Circuit.
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