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Supreme Court to Decide Second Amendment Incorporation

 
 
OmSigDAVID
 
  0  
Reply Thu 1 Oct, 2009 01:55 pm
I have a good feeling about this.
If the USSC uses the Privileges or Immunities Clause for the incorporation,
then from that position, it can render a more RADICAL decision, to wit:
the citizens of America are IMMUNE from schemes to control guns.





David
0 Replies
 
oralloy
 
  0  
Reply Thu 1 Oct, 2009 02:41 pm
@joefromchicago,
joefromchicago wrote:
oralloy wrote:
Strict scrutiny.

There is no compelling government interest in banning a pistol grip on a rifle.

All an assault weapon really is, is a regular gun with cosmetic features like pistol grips.

Even if someone made a case that there was a compelling interest in prohibiting large ammo magazines (a case I'd personally be highly skeptical of), the fact that assault weapons laws also ban cosmetic features like pistol grips means that the laws aren't narrowly tailored.

In a constitutional republic, the legislature acts as the fact-finder on behalf of the people. The legislative branch, therefore, is accorded wide latitude in determining whether a particular regulation is desirable or not desirable.


Not when it comes to questions of whether a law violates a fundamental right.



joefromchicago wrote:
Are you suggesting, then, that, when it comes to gun regulations, the courts should overrule the judgment of the legislatures and act as a kind of "super-legislature" to determine what is a reasonable regulation and what is not?


Yes. Just as they do when enforcing the rest of the Bill of Rights.
OmSigDAVID
 
  0  
Reply Thu 1 Oct, 2009 03:10 pm
@Cycloptichorn,
Cycloptichorn wrote:

But Joe that would be Judicial Activism,
and we know everyone on the right totally hates that, totally.

Cycloptichorn
Its OK to un-do judicial activism of the past,
to correct the mistakes of the past,
restoring the status quo ante (as in before government gun control).





David
0 Replies
 
kickycan
 
  2  
Reply Thu 1 Oct, 2009 03:16 pm
Anyone who gets this excited about guns has to have a tiny penis.

Cycloptichorn
 
  1  
Reply Thu 1 Oct, 2009 03:32 pm
@OmSigDAVID,
Quote:

U repressionists are obsessed
with always pretending that it is sexual,
as if I were going to say:
"O, no! Thay 've figured me out; -- now thay know.
O, I 'm so ashamed.
Therefore getting killed by a violent predator, man or beast, no longer matters!"


It's not a pretense; that's what we honestly believe about you guys. And while I can't speak for others, it's been a lifetime of experience of mine, that those who are the most insecure about their manhood or lives in general are the ones who are most compelled to engage in obsessive behavior towards guns.

I would add, that statements you've made here, regarding the secure feelings garnered at a young age from possession of a firearm, do nothing but add fuel to the fire.

Cycloptichorn
OmSigDAVID
 
  0  
Reply Thu 1 Oct, 2009 04:08 pm
joefromchicago wrote:

oralloy wrote:
Strict scrutiny.

There is no compelling government interest in banning a pistol grip on a rifle.

All an assault weapon really is, is a regular gun with cosmetic features like pistol grips.

Even if someone made a case that there was a compelling interest in prohibiting large ammo magazines (a case I'd personally be highly skeptical of), the fact that assault weapons laws also ban cosmetic features like pistol grips means that the laws aren't narrowly tailored.

In a constitutional republic, the legislature acts as the fact-finder on behalf of the people. The legislative branch, therefore, is accorded wide latitude in determining whether a particular regulation is desirable or not desirable. Are you suggesting, then, that, when it comes to gun regulations, the courts should overrule the judgment of the legislatures and act as a kind of "super-legislature" to determine what is a reasonable regulation and what is not?
Joe, suppose that in a constitutional republic, the legislative fact-finder declares that crime is up
and this is bad for interstate commerce and this is attributable to insufficient attendance at Church;
therefore, everyone must go to Church, unless he gets a license to stay home on Sundays,
which may be granted in the discretion of government.

Shoud the courts overrule that judgment of the legislature
and act as a kind of "super-legislature" ?
Does this have anything to do with the Bill of Rights?





David
0 Replies
 
OmSigDAVID
 
  0  
Reply Thu 1 Oct, 2009 05:38 pm
@Cycloptichorn,
Cycloptichorn wrote:

Quote:

U repressionists are obsessed
with always pretending that it is sexual,
as if I were going to say:
"O, no! Thay 've figured me out; -- now thay know.
O, I 'm so ashamed.
Therefore getting killed by a violent predator, man or beast, no longer matters!"

Quote:
It's not a pretense; that's what we honestly believe about you guys.
Then I misunderstood u;
I took it as all of u being DISMISSIVE of us,
(in other words: rejecting our concerns as being facially ridiculous,
because there is no predatory danger to our lives nor property)
in a way that shows contempt for us, because u don 't like us
and that u are hoping to get us to shut the hell up by embarrassing us
because u don 't like what we say, because it is politically incorrect.

I took it as all of u unsuccessfully trying to embarass us into shutting up.



Quote:
And while I can't speak for others, it's been a lifetime of experience of mine,
that those who are the most insecure about their manhood
or lives in general are the ones who are most compelled to engage in obsessive behavior towards guns.
If u knew me, if u 'd hung around with me enuf, u 'd know that
when I have something to say, that I care about, I can be a loudmouthed guy -- and persistent,
to an unusual degree, upon the enforcement of my rights.
To me, this is natural; reflexive; that 's Y I became a trial attorney, with some degree of success.






Quote:
I would add, that statements you've made here,
regarding the secure feelings garnered at a young age from possession of a firearm,
do nothing but add fuel to the fire.
Cycloptichorn
Is it your thinking that when at age 8,
I felt ill-at-ease about my ability to defend my home (unarmed),
that at the root of my discontent was sexual impotence ?
or that I was not able to get enuf young ladies to date ?
U believe that I really was indifferent to whether I fell prey to man or beast?
Cycloptichorn
 
  1  
Reply Thu 1 Oct, 2009 05:51 pm
@OmSigDAVID,
Quote:
Is it your thinking that when at age 8,
I felt ill-at-ease about my ability to defend my home (unarmed),
that at the root of my discontent was sexual impotence ?
or that I was not able to get enuf young ladies to date ?
U believe that I really was indifferent to whether I fell prey to man or beast?


No, I don't believe that you understood what was going on at that age; yet, like many others I have met in my life, that feeling of security that you get from owning a gun has more implications than you might think.

Cycloptichorn
kuvasz
 
  1  
Reply Thu 1 Oct, 2009 06:18 pm
@oralloy,
No, they don't. The article stated clearly that this was the first time such a study had been done. so having you state that

Quote:
The medical community comes out with bogus claims like this every so often.


is an awfully ******* stupid thing to say even for you.

You know what a person is called when they ignore facts because they don't fit in to personal opinions?

A moron.
oralloy
 
  0  
Reply Thu 1 Oct, 2009 07:08 pm
@DrewDad,
DrewDad wrote:
Yup. Right on time.


It is natural for those of us who value the truth to dismiss obvious lies such as the ones in that report.
0 Replies
 
oralloy
 
  0  
Reply Thu 1 Oct, 2009 07:09 pm
@Cycloptichorn,
Cycloptichorn wrote:
Why not call it what it is: verbally and metaphorically stroking their penises for reassurance.

Cycloptichorn


Because that bigoted stereotype is not what it is.
0 Replies
 
oralloy
 
  0  
Reply Thu 1 Oct, 2009 07:10 pm
@Cycloptichorn,
Cycloptichorn wrote:
It's not a pretense; that's what we honestly believe about you guys.

Cycloptichorn


I'm sure the KKK believes their bigoted stereotypes also.
0 Replies
 
oralloy
 
  0  
Reply Thu 1 Oct, 2009 07:11 pm
@kuvasz,
kuvasz wrote:
No, they don't.


Yes they do.



kuvasz wrote:
The article stated clearly that this was the first time such a study had been done. so having you state that

Quote:
The medical community comes out with bogus claims like this every so often.


is an awfully ******* stupid thing to say even for you.


It is hardly stupid for me to point out the truth, and I note that my IQ is double yours.



kuvasz wrote:
You know what a person is called when they ignore facts because they don't fit in to personal opinions?

A moron.


Interesting observation for someone who is desperately trying to ignore the facts.
0 Replies
 
Robert Gentel
 
  1  
Reply Thu 1 Oct, 2009 07:31 pm
@Cycloptichorn,
Cycloptichorn wrote:
And while I can't speak for others, it's been a lifetime of experience of mine, that those who are the most insecure about their manhood or lives in general are the ones who are most compelled to engage in obsessive behavior towards guns.


In my experience those who are most insecure about their manhood are the ones most likely to use such accusations as an argument.

It's a very stupid way to argue, this penis measurement stuff.
OmSigDAVID
 
  0  
Reply Thu 1 Oct, 2009 07:37 pm
@Cycloptichorn,
Cycloptichorn wrote:

Quote:
Is it your thinking that when at age 8,
I felt ill-at-ease about my ability to defend my home (unarmed),
that at the root of my discontent was sexual impotence ?
or that I was not able to get enuf young ladies to date ?
U believe that I really was indifferent to whether I fell prey to man or beast?

Quote:
No, I don't believe that you understood what was going on at that age;
Well over half a century has passed since then.
I am not aware that I was in error about something,
except that I know in hindsight that I was not attacked
during my childhood, nor was my house invaded.

What is it that u believe that I shoud have known, or "understood" ?





Quote:
yet, like many others I have met in my life,
that feeling of security that you get from owning a gun
has more implications than you might think.

Cycloptichorn
What implications does it have?
I am genuinely interested in this.
0 Replies
 
OmSigDAVID
 
  0  
Reply Thu 1 Oct, 2009 07:52 pm
@kickycan,
kickycan wrote:

Anyone who gets this excited about guns has to have a tiny penis.
Is that an effort at humor?
I don 't know how u mean that.
I have no way of knowing whether u actually believe that.

Is it your desire that people be measured
on their way to the voting booth?
Do u desire that thay be disenfranchised for insufficient length?


For the sake of argument, let us assume that u r correct.
Let us assume for the moment that we, and all of the Founders,
who all supported our point of vu had small genitalia.
Does that lead to some different result?
In other words, in your view, so what?
What 's the difference?
Will u explain, Kickycan?

or if Cyclo or anyone else wishes explain,
I 'll be interested



David
0 Replies
 
joefromchicago
 
  1  
Reply Thu 1 Oct, 2009 08:11 pm
@oralloy,
oralloy wrote:

joefromchicago wrote:
In a constitutional republic, the legislature acts as the fact-finder on behalf of the people. The legislative branch, therefore, is accorded wide latitude in determining whether a particular regulation is desirable or not desirable.

Not when it comes to questions of whether a law violates a fundamental right.

That's true, but again, as I pointed out before, the Heller decision left open the possibility of legislatures regulating gun ownership even under the second amendment. The Chicago case will likely define the contours of that permissible regulation.
ebrown p
 
  1  
Reply Thu 1 Oct, 2009 08:42 pm
@joefromchicago,
What ever happened to State's rights?
OmSigDAVID
 
  0  
Reply Thu 1 Oct, 2009 09:09 pm
@ebrown p,
ebrown p wrote:

What ever happened to State's rights?
States don t have the "right" to prevent citizens
from exercising their rights; e.g., thay have no right
to stop anyone from going to Church nor from defending his life from violence.
In order to accomplish that, the necessary equipment is indispensible.





David
0 Replies
 
Cycloptichorn
 
  1  
Reply Thu 1 Oct, 2009 09:33 pm
@Robert Gentel,
Robert Gentel wrote:

Cycloptichorn wrote:
And while I can't speak for others, it's been a lifetime of experience of mine, that those who are the most insecure about their manhood or lives in general are the ones who are most compelled to engage in obsessive behavior towards guns.


In my experience those who are most insecure about their manhood are the ones most likely to use such accusations as an argument.

It's a very stupid way to argue, this penis measurement stuff.


Thanks for sharing your opinion. Do you really believe that to be an issue of mine, or are you just trying to be cute?

Being secure in oneself' doesn't have anything to do with penis size, but with confidence.

Cycloptichorn
 

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