2nd Amendment is an Individual right. by Geezer

REAL WORLD EVENT DISCUSSIONS

2nd Amendment is an Individual right.

POSTED BY: GEEZER
UPDATED: Thursday, July 3, 2008 05:56
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Thursday, June 26, 2008 5:50 AM

Keep the Shiny side up

"Held:
1. The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for
traditionally lawful purposes, such as self-defense within the home."

http://www.scotusblog.com/wp/wp-content/uploads/2008/06/07-290.pdf

"Keep the Shiny side up"

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Thursday, June 26, 2008 6:02 AM

SIMONWHO

*waits calmly for the conservatives to wail about judicial activism gone mad*

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Thursday, June 26, 2008 7:22 AM

STORYMARK

Quote:
Originally posted by SimonWho:
*waits calmly for the conservatives to wail about judicial activism gone mad*

Yeah, like those activists Judges in CA who had the audacity to find bans on gay marriage to be unconstitutional.

Judicial activism is only a bad thing when it doesn't agree with one's own views, I guess.

"I thoroughly disapprove of duels. If a man should challenge me, I would take him kindly and forgivingly by the hand and lead him to a quiet place and kill him."

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Thursday, June 26, 2008 7:40 AM

HERO

Quote:
Originally posted by SimonWho:
*waits calmly for the conservatives to wail about judicial activism gone mad*

In this case the Court did nothing to overturn precedent as the issue had largely gone unresolved since the Amendment was first passed.

My problem with many other Court rulings are that they fly in the face of common sense, public opinion, legal precendent (which in the case of marriage go back hundreds of years), and even the court's own standards and practices.

For example. The Court in the recent Gitmo rulings made little sense. Precedent was well established that limited US jurisdiction over non-citizens, POWs, and non-US territory including foriegn bases and embassies. They chucked that out. It makes little public sense to engage in large scale public hearings of this nature during this conflict. Discovery rules alone, as shown in the recent Jose Padilla case, make this process long, difficult, and dangerous. It is simply not practical to allow enemy combatants access to US intellegence or give them the power to subpoena and depose US agents, operatives, officials, or soldiers. The public was overwhelmingly against extending Constitutional rights to enemy combatants (although I acknowledge that public opinion ought not to count for much in legal cases). Finally the Court said in an earlier decision that the President and Congress ought to get together and work this all out...yeah right...and they did...GASP! The Court then declined to review that deal and instead said...'just kidding'...and ruled everything out, which they could have done in the first place had they been so inclined. With the exception of a few liberals and the Defense lawyers who will be dragging these cases into Federal Court (on the public dime) nobody I've talked to in the legal community can make sense of this decision. The functional equivilant would be a decision next term allowing the State to ban handguns in homes and for self defense (in other words completely overturning today's decision).

Lastly, Judicial activism is one thing...a certain West Coast Appellate Court is something else. No Court in the nation is more overturned. I'm fairly certain that there are certain Judges in California who would, if asked, return California to Mexico and it would be rubber stamped all the way to the Supreme Court before somebody finally says 'what the hell' and strikes such a ruling down. I mean they are seriously crazy.

I note for the record the Nancy Pelosi is from that area and SHE read today's decision striking down D.C. gun regulation as meaning the Congress could regulate guns in DC.

H

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Thursday, June 26, 2008 7:50 AM

KWICKO

"We'll know our disinformation program is complete when everything the American public believes is false." -- William Casey, Reagan's presidential campaign manager & CIA Director (from first staff meeting in 1981)

Woo-HOO!

Celebrates by heading out to the shooting range...

Mike

"I supported Bush in 2000 and 2004 and intellegence[sic] had very little to do with that decision." - Hero, Real World Event Discussions

I can't help the sinking feeling that my country is now being run by people who read "1984" not as a cautionary tale, but rather as an instruction manual. - Michael Mock

The Myrmidons were an ancient nation of very brave and skilled warriors as described in Homer's Iliad, and were commanded by Achilles. - Wikipedia

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Thursday, July 3, 2008 5:56 AM

FINN MAC CUMHAL

Quote:
Originally posted by SimonWho:
*waits calmly for the conservatives to wail about judicial activism gone mad*

So if the court upholds an explicit right in the Constitution, it's judicial activism? That's an interesting way to look at it.

Nihil est incertius vulgo, nihil obscurius voluntate hominum, nihil fallacius ratione tota comitiorum.

Nothing is more unpredictable than the mob, nothing more obscure than public opinion, nothing more deceptive than the whole political system.

-- Cicero

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