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"No Controlling Legal Authority" to Self Defense -- Sotomayer
AIP News.com ^ | 07/15/09 | Pascal Fervor

Posted on 07/15/2009 11:04:13 AM PDT by Avoiding_Sulla

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To: Hardastarboard
I’ve been listening to the hearings a bit, and I have to say her intelligence, articulation and powers of logic do not impress me. I would expect more from someone about to become a Supreme Court justice.

She is a self admitted product of affirmative action.

21 posted on 07/15/2009 11:26:50 AM PDT by frogjerk (C-NJ)
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To: uscabjd

I don’t think that was the question.


22 posted on 07/15/2009 11:28:38 AM PDT by LearsFool ("Thou shouldst not have been old, till thou hadst been wise.")
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To: Avoiding_Sulla
Unless, of course, a majority of senators hate the innocent human beings whose inalienable right to life they have vowed to protect!

I thought that fact was solidly established in November 2008.

23 posted on 07/15/2009 11:30:54 AM PDT by ExSoldier (Democracy is 2 wolves and a lamb voting on dinner. Liberty is a well armed lamb contesting the vote.)
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To: Hardastarboard
I’ve been listening to the hearings a bit, and I have to say her intelligence, articulation and powers of logic do not impress me. I would expect more from someone about to become a Supreme Court justice.

You have to use a lower standard. If you don't, it is discriminatory. She can read and does not arrive at work drunk. /nomination

24 posted on 07/15/2009 11:32:56 AM PDT by M203M4 (NEW New Deal: A pot through every window! (1/2 credit to Bastiat))
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To: Avoiding_Sulla

she also stumbled a lot on the are we at war question, abortion, gun rights were thought by her to be hunting and then she says one of her God children is in the NRA
That is like saying I am not racist because I know a black guy at work.

Now this stumble by her.

If we got a list of the blue dog Dems and EVERYONE of us would send calls and e-mails to them then that would apply enough pressure for a vote of no.

However if we left it to just calling out local Reps then nothing I am afraid will be done.

1000 voters calling these Dems every day would put enough pressure on them regardless of Pelosi using her blackmail tactics


25 posted on 07/15/2009 11:33:20 AM PDT by manc (Marriage is between a man and a woman -- end racism end affirmative action)
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To: Avoiding_Sulla

overturn precedent , then claim ‘stare decisis” and that you have to stick with the
precedent... reasoning of a libtard judicial metal midget.


26 posted on 07/15/2009 11:36:02 AM PDT by WOBBLY BOB (ACORN:American Corruption for Obama Right Now)
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To: ridesthemiles

being very honest here

she is not impressed me what so ever, even if I disagree wit her stances I can still respect her as an individual but thus far no way.

She is elusive, she has not presented herself very well with her answers and this has not even been a tough hearing compared to Roberts etc.

I really do fear if this woman is confirmed I really do.


27 posted on 07/15/2009 11:36:08 AM PDT by manc (Marriage is between a man and a woman -- end racism end affirmative action)
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To: Avoiding_Sulla
Someone asked a Leftist troll on another site this type of question, and she agreed that you had that right with a bunch of qualifications. So the next question was, Okay, “if you have the right to defend yourself, then should you have parity with the criminal element?”

The point was made that essentially guns are the great equalizer, and if you have the right to self defense, then you should have the right to bear arms

She tried to squirm out of that, but she finally had to concede that it makes sense to allow weaker individuals to carry firearms

And she conceded that since they're criminals, they will have weapons we don't want them to have, i.e. they won't be controlled by laws

Bottom line, if you have the right to defend yourself, then you should have that right irregardless of physical strength and that you will never be able to disarm the criminals, and therefore you should be allowed to have parity with them.

28 posted on 07/15/2009 11:39:01 AM PDT by GYL2 (Always mystify, mislead and surprise the enemy Thomas J. (Stonewall) Jackson)
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To: Avoiding_Sulla

Right to bear arms is not the same as right to self defense if attacked. Under right to self defense, if you are attacked you can defend yourself with knives, bricks or bare hands, not just with guns. Under right to bear arms, you have a right to have firearms, regardless of whether you are under attack or under a reasonable fear of being attacked.

There is a constitutional right to bear arms as found in the 2nd Amendment.

I hate to say it but as asked, Sonia the Quota Queen is correct; there is no direct constitutional right to self-defense. That right existed at common law, and has been codified under various state statutes. There is no direct federal constitutional provision for the defense of one’s person.


29 posted on 07/15/2009 11:40:32 AM PDT by henkster (A "Living Constitution" yields a Dead Republic)
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To: Hardastarboard

That was the knock on her before the confirmation hearings started. They said she was inarticulate and rambling... an intellectual lightweight.

They were being generous. This woman is the embodiment of affirmative action.


30 posted on 07/15/2009 11:41:01 AM PDT by WhistlingPastTheGraveyard
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To: Hardastarboard

Sadly, since the Bork fiasco, it is harder and harder to get someone of real quality on the bench. It is more about the stealth candidate, or the ideologically pure, or the mediocrity who won’t shake things up too much.

The days of great legal minds on the Court are for the most part over. All one has to do is read the muck that passes for an opinion these days to know that unwelcome truth.


31 posted on 07/15/2009 11:44:33 AM PDT by Unlikely Hero ("Time is a wonderful teacher; unfortunately, it kills all its pupils." --Berlioz)
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To: ZULU

I fear this woman is to the left of anyone now on the court. Like Obama, she does not believe in the U.S. Constitution.


32 posted on 07/15/2009 11:45:37 AM PDT by KansasGirl (I still think Obama is just plain creepy.)
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To: RobRoy; All

To Republicans on the Judiciary Committee:

Please ask, in light of the non-answer or negative answer to the right to keep and bear arms not being infringed:

“Judge Sotomayer, does a US citizen have the right to life, liberty and the pursuit of happiness?”

If a person doesn’t have the right to protect themselves, then the person has no rights to life. And if there’s no right to life, then . . . that leads to a very slippery slope, indeed, in this Country. Our BASIC rights are in The Declaration of Independence and The Constitution of the United States of America with the Bill of Rights. We have a BASIC right to life and the right to keep and bear arms in order to protect our lives.

Pin her down to HER beliefs and how they coincide with what she’s said in public for the last 17 years. She keeps saying she can’t answer because she doesn’t know what the “intent” of the other judges’ were. C’mon, Senator.

I don’t think she REALLY understands the Constitution of the United States of America (or doesn’t want to) . . . because it was written by our “white male” Founding Fathers. And because it was written by those white males, she believes that it is a “living” document that can be changed according to the whim (background, race, ethnic origin of a Jurist) of the Courts. Honestly, Senator. I’ve listened to her answers. Or rather evasions in place of answers.

The other thing that galls me is how she modulates her voice and lengthens her speech patterns and talks DOWN to you Senators. Watch the video repeat and see if you don’t notice it, too.

Please argue for a NO vote for Sonia Sotomayor. She will be a dangerous jurist if approved due to her past history and her manner, demeanor, and the way she views herself.

Thank you, MyName, Retired


33 posted on 07/15/2009 11:45:54 AM PDT by HighlyOpinionated (Sarah Palin and Michele Bachmann in 2012. With Liz Cheney as Secretary of State.)
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To: Hardastarboard
I admit I have only seen a bit live and a few transcript excerpts, but shallow, vacuous, sullen, or nebulous seem to fit. She reminds me of someone who has been told their whole life that they’re special, when in fact they’re not.
34 posted on 07/15/2009 11:48:21 AM PDT by kitchen (One battle rifle for each person, and a spare for each pair.)
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To: ridesthemiles
Another thought: IS she dragging out all of her answers to take up more time and reduce the number of questions

This is a play right out of Obummers book. Droll on and on with an answer so there is little time to get asked another question.

35 posted on 07/15/2009 11:50:01 AM PDT by Pistolshot (Brevity: Saying a lot, while saying very little.)
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To: Avoiding_Sulla

Anyone who’s taken a first year criminal law course in law school knows this: general criminal law allows for the use of necessary and proportionate force in self-defense anytime the victim reasonably believes that unlawful force is about to be used against him. “Proportionate force” can include deadly force if the victim reasonably believes deadly force is about to be used against him.


36 posted on 07/15/2009 11:55:32 AM PDT by hsalaw
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To: henkster

The question as reported was a personal one. “Do you believe that an individual has the right to self defense?” and not a legal one.

She dodged.

That dodge calls her personal decency into question.

That alone should be enough to sink her chances when we tell our senators why she is not qualified.

She is not qualified because “she lacks the courage or the decency to simply say that she believes I have the right to protect my own life.” That has always been an unwritten law except under tyrannies!


37 posted on 07/15/2009 11:59:35 AM PDT by Avoiding_Sulla (Yesterday's Left = today's status quo. Thus "CONSERVATIVE": a conflicted label for battling tyranny.)
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To: henkster
There is no direct federal constitutional provision for the defense of one’s person.

Apparently the framers overestimated the intelligence of future generations.
38 posted on 07/15/2009 12:12:33 PM PDT by LearsFool ("Thou shouldst not have been old, till thou hadst been wise.")
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To: Avoiding_Sulla

It’s a shame republicans are too spineless to ask if she believes—as Hussein does—in infanticide. That is, does she consider it OK for a doctor to throw the survivor of an abortion attempt in a dumpster??!! Hussein voted YES twice in Illinois. Why not ask her? Can you imagine her saying she can’t comment because it might come before the court??


39 posted on 07/15/2009 12:13:01 PM PDT by Oldpuppymax (AGENDA OF THE LEFT EXPOSED)
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To: Hardastarboard
If sotomayer is not confirmed, maybe bho will nominate maxine waters or sheila jackson lee.

Now those two are articulate, in a ‘strange’ way.

40 posted on 07/15/2009 12:19:12 PM PDT by Tahoe3002
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