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Supreme Court threads needle between gun rights and limits for domestic abusers
Washington Examiner ^ | by Kaelan Deese, Supreme Court Reporter November 07, 2023 02:18 PM

Posted on 11/07/2023 12:24:56 PM PST by Red Badger

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To: NorthMountain

If a law is ambiguous then you have to look at the intent of the ratifiers.

You need to read about the intent of Madison’s writing the first 8 amendments. It was to succor the anti-federalists who were afraid the new central government would become despotic. Limiting the states in the 2nd amendment would do just the opposite. It would expand the feds’ power to enforce the 2nd Amendment and allow them to regulate gun ownership in the states.

You need to study and learn the original intent of the first 8 amendments as explained in the 9th and 10th amendments.

Didn’t I already say that?


61 posted on 11/07/2023 2:19:09 PM PST by Jim W N (MAGA by restoring the Gospel of the Grace of Christ (Jude 3) and our Free Constitutional Republic!)
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To: Red Badger
<"The only difference between a battered woman and a dead woman is the presence of a gun,"

What complete crap.
62 posted on 11/07/2023 2:19:20 PM PST by rottndog (What comes after America?)
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To: Jim W N

“So what’s the problem?”

I merely pointed put the facts, and passed no judgment one way or the other. Federal law is superior to state and local law when they conflict.


63 posted on 11/07/2023 2:20:01 PM PST by ought-six (Multiculturalism is national suicide, and political correctness is the cyanide capsule. )
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To: thegagline

Yeah, well, the counterfeit incorporation doctrine had been tried and found wanting for a lot of reasons, including the Supreme Court decision in the Slaughterhouse Cases a few years after the 14A was ratified.

The Left’s anti-education program seems to have done its work.


64 posted on 11/07/2023 2:23:10 PM PST by Jim W N (MAGA by restoring the Gospel of the Grace of Christ (Jude 3) and our Free Constitutional Republic!)
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To: ought-six
Federal law is superior to state and local law when they conflict.

I would tie that to an explicit reading of Art 1 Sec 8 for the Fed Congress's Right to enact said law in the first place. If a Federal law grants them a power not authorized by the Constitution, the States have the same rights as "We the People" to tell them to get bent.

65 posted on 11/07/2023 2:27:27 PM PST by Dead Corpse (A Psalm in napalm...)
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To: Jim W N

The “incorporation doctrine” ran afoul because it allowed for selective incorporation, which created a whole new set of problems. A reasonable review would find that either all of the Constitution would apply, or none of it (in which case the incorporation doctrine could only be seen as a fiction).


66 posted on 11/07/2023 2:29:40 PM PST by ought-six (Multiculturalism is national suicide, and political correctness is the cyanide capsule. )
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To: Red Badger
There's no needle to thread: you cannot deprive someone of a fundamental right without a conviction. Full stop.

Our esteemed legislators have gotten used to passing senatus consultum ultimum to authorize magistrates to break the law, which was one of the main reasons the Roman Republic became a dictatorship. Ironically, it was Cicero who concocted the legal justification for this deprivation of rights under Roman law.

67 posted on 11/07/2023 2:34:05 PM PST by pierrem15 ("Massacrez-les, car le seigneur connait les siens" )
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To: Dead Corpse

“If a Federal law grants them a power not authorized by the Constitution, the States have the same rights as ‘We the People’ to tell them to get bent.”

I hear what you are saying.

However, the People and the States, through their representatives in Congress (the House for the People, and the Senate for the States), act on behalf of the People and the States, for good or ill. That is a republic. Congress is empowered by the People and the States to enact laws that comport with the Constitution.


68 posted on 11/07/2023 2:37:38 PM PST by ought-six (Multiculturalism is national suicide, and political correctness is the cyanide capsule. )
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To: ModelBreaker

Truly there is nothing new under the sun.


69 posted on 11/07/2023 2:47:18 PM PST by vpintheak (There is no Trans. There is only mentally ill)
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To: Jim W N
"Gun possession is a STATES’ issue."

You might want to look at the Fourteenth Amendment. I think it mentions "privileges and immunities" of United States citizens. There was a need to address tyranny of some states against recently emancipated people.

Also, the Dred Scott decision very clearly describes that Dred Scott, if declared a free man once he entered a free state, would be entitled to carry a firearm. There was no consideration of whether a state could deny a free man the right to bear arms. State's attempting to disarm their own citizens is a relatively recent development.

70 posted on 11/07/2023 2:47:44 PM PST by William Tell
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To: Jim W N
You can say anything you like ... you can even believe it.

That doesn't make it correct.

The clear language of the Second Amendment is a general prohibition of something. There is NO language in it that makes it specific to the Federal government.

Now you can bloviate, and pound that table, and try to hold yourself up as an unquestioned expert if you like, but it just doesn't work.

You need to study and learn

Your assumption that I and others here have not done so is both incorrect and insufferably arrogant.

71 posted on 11/07/2023 2:48:21 PM PST by NorthMountain (... the right of the peopIe to keep and bear arms shall not be infringed)
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To: Red Badger

” “The only difference between a battered woman and a dead woman is the presence of a gun,” Justice Department Solicitor General Elizabeth Prelogar told the justices on Tuesday at the start of nearly 100 minutes of arguments.”

True. If the woman has a gun she won’t end up dead.


72 posted on 11/07/2023 2:58:42 PM PST by MeganC (There is nothing feminine about feminism. )
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To: Jim W N

“Gun Rights are NOT A FEDERAL ISSUE. Gun rights are a STATES’ ISSUE!!!”

In McDonald v. Chicago (2010), the Supreme Court clarified that the Due Process Clause of the Fourteenth Amendment incorporated the Second Amendment against state and local governments.

Gun rights are rights. Period.


73 posted on 11/07/2023 3:01:50 PM PST by MeganC (There is nothing feminine about feminism. )
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To: Red Badger
The full transcript of the oral arguments can be found here (PDF)

I haven't bothered to read the excerpt here, but will be perusing the entirety tonight.

74 posted on 11/07/2023 3:02:56 PM PST by zeugma (Stop deluding yourself that America is still a free country.)
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To: Boogieman

I guess we will have to agree to disagree on this account.


75 posted on 11/07/2023 3:19:50 PM PST by Blood of Tyrants ( "It is easier to fool people than to convince them they have been fooled."- Mark Twain)
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To: Red Badger

Real simple: if they are “too dangerous” to have a gun, then they are too dangerous to walk the streets, a fact that should be determined in a trial.

The man in this case should have been in jail long before they arrested him for a firearms violation.


76 posted on 11/07/2023 4:18:16 PM PST by SauronOfMordor (Either you will rule. Or you will be ruled. There is no other choice.)
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To: Jim W N

Who then protects our inalienable rights, if you say those are not enshrined in the constitution and bill of rights?


77 posted on 11/07/2023 5:14:06 PM PST by Magnum44 (...against all enemies, foreign and domestic... )
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To: Red Badger

The camel’s nose is under the tent.

You’re next.


78 posted on 11/07/2023 5:23:27 PM PST by Uncle Miltie (islam is a totalitarian death cult founded by a child rapist.)
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To: Jim W N
Article III says they do which has been a monumental problem since the last decade of the 18th century. The ambiguity of the Constitution has been the problem all along. Necessary and Proper “Clause” is just one of the doozies. Never mind the fact that a majority of the SCOTUS can have opinions of what a militia is regarding the 2nd. Wake up and see the actual problem.
79 posted on 11/07/2023 5:33:49 PM PST by rollo tomasi
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To: Red Badger
Shall Not Be Infringed

Infringement; A breaking into; a trespass or encroachment upon; a violation of a law, regulation, contract, or right. Used especially of invasions of the rights secured by patents, copyrights, and trademarks.

Black's Law Dictionary 2nd Edition

80 posted on 11/07/2023 5:40:00 PM PST by liberalh8ter ( Ephesians 6:10 - 18)
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