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Fight the U.N. Gun Ban

 
 
oralloy
 
  0  
Tue 17 Jun, 2008 07:00 am
OmSigDAVID wrote:
I believe that it is most probable that there will be a 5 to 4 vote
in favor of personal freedom, with Kennedy being the deciding vote.

David


Oral arguments hinted they would vote 8 to 1 in favor of including personal self defense gun rights in the Second Amendment.
0 Replies
 
OmSigDAVID
 
  0  
Tue 17 Jun, 2008 07:07 am
oralloy wrote:
OmSigDAVID wrote:
I believe that it is most probable that there will be a 5 to 4 vote
in favor of personal freedom, with Kennedy being the deciding vote.

David


Oral arguments hinted they would vote 8 to 1 in favor of including personal self defense gun rights in the Second Amendment.

It is theoretically possible.
0 Replies
 
OmSigDAVID
 
  0  
Tue 17 Jun, 2008 07:18 am
The actual HISTORY of the Bill of Rights, including the Second Amendment,
is well known from the writings of the Authors.
Thay were libertarians -- The Sons of Liberty.

Absolutely NO ONE in the 1700s suggested erecting a system
of discriminatory licensure of a citizen 's right to defend his life or other property.

"Gun control" is Jonny-come-lately 20th Century revisionism.

Because there were no police in the 1700s,
everyone had to take care of himself, and everyone understood that.
Everyone needed to possess the tools to do that.

Consistent with the known history of the times,
professional unbiased experts in English grammar have found
an unlimited right to keep and bear arms in the people,
conceptually independent of any militia.
David
0 Replies
 
oralloy
 
  0  
Thu 19 Jun, 2008 05:14 am
This page (requires Java) will relay a live (text) report from the Supreme Court as it hands down today's (Thursday June 19) rulings -- including timely links to the rulings themselves.

http://www.coveritlive.com/index.php?option=com_altcaster&task=siteviewaltcast&altcast_code=82608e8aa0

The website's reporting goes live at 9:45 AM eastern time.

The Supreme Court begins giving the morning's rulings at 10:00 AM eastern time.

The Java applet updates the reporting automatically -- no need to refresh browsers.


No guarantees that Heller will come today, but if it does, this will be the first place to relay the news, and the first to link the ruling.

(Chances are good that it will be either Heller or the ruling on whether pedophiles can receive the death penalty -- but no idea which.)

Cool
0 Replies
 
OmSigDAVID
 
  0  
Thu 19 Jun, 2008 07:09 am
Thank u, Oralloy !
0 Replies
 
oralloy
 
  0  
Thu 19 Jun, 2008 08:19 am
No Heller ruling today.....
0 Replies
 
OmSigDAVID
 
  0  
Thu 19 Jun, 2008 08:23 am
A lot of people believe that it will be worth waiting for.
0 Replies
 
oralloy
 
  0  
Mon 23 Jun, 2008 06:44 am
This page (requires Java) will relay a live (text) report from the Supreme Court as it hands down today's (Monday June 23) rulings -- including timely links to the rulings themselves.

http://www.coveritlive.com/index.php?option=com_altcaster&task=siteviewaltcast&altcast_code=909aaea565

The website's reporting goes live at 9:45 AM eastern time.

The Supreme Court begins giving the morning's rulings at 10:00 AM eastern time.

The Java applet updates the reporting automatically -- no need to refresh browsers.


No guarantees that Heller will come today, but if it does, this will be the first place to relay the news, and the first to link the ruling.

Cool
0 Replies
 
oralloy
 
  0  
Mon 23 Jun, 2008 08:15 am
No Heller ruling today -- next rulings come Wednesday at 10AM eastern time
0 Replies
 
OmSigDAVID
 
  0  
Mon 23 Jun, 2008 08:18 am
oralloy wrote:
No Heller ruling today -- next rulings come Wednesday at 10AM eastern time

THANK U, ORALLOY !
0 Replies
 
oralloy
 
  0  
Mon 23 Jun, 2008 01:56 pm
OmSigDAVID wrote:
oralloy wrote:
OmSigDAVID wrote:
I believe that it is most probable that there will be a 5 to 4 vote
in favor of personal freedom, with Kennedy being the deciding vote.

David


Oral arguments hinted they would vote 8 to 1 in favor of including personal self defense gun rights in the Second Amendment.

It is theoretically possible.


Rumor has it Scalia is the author of the majority opinion for Heller.

This is a good sign for our gun rights on a federal level, but Scalia has long been a big opponent of extending our gun rights to state and local governments. I hope he doesn't write the opinion in a manner that undercuts any attempt to get the Second Amendment incorporated in the Fourteenth Amendment.
0 Replies
 
OmSigDAVID
 
  0  
Mon 23 Jun, 2008 03:00 pm
oralloy wrote:
OmSigDAVID wrote:
oralloy wrote:
OmSigDAVID wrote:
I believe that it is most probable that there will be a 5 to 4 vote
in favor of personal freedom, with Kennedy being the deciding vote.

David


Oral arguments hinted they would vote 8 to 1
in favor of including personal self defense gun rights in the Second Amendment.

It is theoretically possible.

If the USSC recognizes personal self defense gun rights in the Second Amendment,
then this goes BEYOND recognition of the right to anti-burglary guns,
and will extend to anti-robbery guns ANYWHERE.




Quote:
Rumor has it Scalia is the author of the majority opinion for Heller.

I have it on very good authority
that Justice Scalia drew the question before the Court.




Quote:

This is a good sign for our gun rights on a federal level, but Scalia has long been a big opponent of extending our gun rights to state and local governments. I hope he doesn't write the opinion in a manner that undercuts any attempt to get the Second Amendment incorporated in the Fourteenth Amendment.

The question of incorporation is not before the Court.
For that question to be presented, presumably a case arising
from the judgment of a state court is necessary,
unless the USSC chooses to approach the issue upon the basis
of the rights of CITIZENSHIP; i.e., every American citizen has the
constitutional right to KABA in self-defense unobstructed by any government.
The odds are that an additional case arising from a state will be necessary to disable
and end discriminatory licensure of the right to live.

In the meantime,
suppressionists in the state legislatures, and municipal legislatures
may choose to retreat, falling back to less offensive positions.


David
0 Replies
 
OmSigDAVID
 
  0  
Mon 23 Jun, 2008 03:04 pm
As early as 1857, the USSC said that CITIZENS are:

"... entitled to the privileges and
immunities of citizens ..." and have
"...the full liberty of speech ... to
hold public meetings upon political
affairs, and TO KEEP AND CARRY ARMS
wherever they went." [emphasis added]
Chief Justice Roger Taney DRED SCOTT
v. SANFORD 6O US 393 (1857)

Thus the Court finds the individual citizen's rights protected from violation
by any government, be it federal, state or local.
0 Replies
 
OmSigDAVID
 
  0  
Mon 23 Jun, 2008 03:16 pm
In PLANNED PARENTHOOD v. CASEY (1992) 112 S.Ct. 2791 (P. 2805)
the USSC said:
"...by the express provisions of the first eight amendments to the
Constitution" rights were "guaranteed to THE INDIVIDUAL...
It is a promise of the Constitution that there is a realm of
personal liberty which the government may not enter." [emphasis added]
The 2nd Amendment is within "the first eight amendments".

The Court also adopted the Harlan dissent in POE v. ULLMAN 367 US 497 that:
"...'liberty' is not a series of isolated points...
in terms of the taking of property; the freedom of speech, press and religion;
the RIGHT TO KEEP and BEAR ARMS; the freedom from unreasonable searches
and seizures....
It is a rational continuum which...includes a freedom from all arbitrary impositions ..."
[emphasis added] (Notice no reference to any state government militia.)

On the same page, the Supreme Court invokes the 9th Amendment
to curtail the powers of the states, thru the 14th Amendment.
Historically, the purpose of the 9th Amendment was to preserve,
and carry intact into perpetuity, those rights already freely enjoyed by
Americans and Englishmen as of the time of the American Revolution.

By virtue of the English Bill of Rights of 1689, the long established
right to keep and bear arms was clearly recognized and protected,
with the 9th Amendment of the US Bill of Rights perpetuating
the old English rights in America. The Supreme Court added that:
"All fundamental rights comprised within the term liberty are protected
by the federal Constitution from invasion by the states." PARENTHOOD (supra)

In GIDEON v. WAINWRIGHT (1963) 372 US 335 the US Supreme Court held that:
"this Court has looked to the FUNDAMENTAL nature of original Bill of Rights guarantees
to decide whether the Fourteenth Amendment makes them obligatory
on the States"[emphasis added]; hence, the 2nd Amendment forbids the states
from controlling guns if the right to guns for self-defense from the
violence of man or beast is "fundamental" not trivial.

In PLANNED PARENTHOOD speaking of the right to reproductive
autonomy, the USSC used the following language
(in pertinent part, from perspective of the right to self-defense):

"Our law affords constitutional protection to PERSONAL DECISIONS....
Our cases recognize 'the right of the individual ... to be free from
unwarranted governmental intrusion into matters ... fundamentally
affecting a person'... These matters involving the most intimate and
PERSONAL CHOICES a person may make in a lifetime, choices central to
PERSONAL DIGNITY and AUTONOMY, are central to the liberty protected
by the 14th Amendment." (P. 2807) [emphasis added]
0 Replies
 
oralloy
 
  0  
Mon 23 Jun, 2008 03:58 pm
OmSigDAVID wrote:
oralloy wrote:
This is a good sign for our gun rights on a federal level, but Scalia has long been a big opponent of extending our gun rights to state and local governments. I hope he doesn't write the opinion in a manner that undercuts any attempt to get the Second Amendment incorporated in the Fourteenth Amendment.

The question of incorporation is not before the Court.


Yet.

Chicago is next.

I just hope that Scalia doesn't write the ruling in a manner that undercuts incorporation when we sue Chicago.
0 Replies
 
OmSigDAVID
 
  0  
Mon 23 Jun, 2008 04:20 pm
oralloy wrote:
OmSigDAVID wrote:
oralloy wrote:
This is a good sign for our gun rights on a federal level, but Scalia has long been a big opponent of extending our gun rights to state and local governments. I hope he doesn't write the opinion in a manner that undercuts any attempt to get the Second Amendment incorporated in the Fourteenth Amendment.

The question of incorporation is not before the Court.


Yet.

Chicago is next.

I just hope that Scalia doesn't write the ruling in a manner that undercuts incorporation when we sue Chicago.

I believe that is extremely unlikely.
How reliable is the rumor that HE will write it ?

SCOTUS BLOG thinks that Kennedy will write it.

If he addresses incorporation at all,
I believe that he will do so to incorporate and apply freedom of selfdefense
to limit the state governments.
By what reasoning shud the 2nd Amendment be an exception from all
of the rest of the Bill of Rights ?
0 Replies
 
parados
 
  2  
Mon 23 Jun, 2008 05:32 pm
Quote:
If he addresses incorporation at all,
I believe that he will do so to incorporate and apply freedom of selfdefense
to limit the state governments.

That would step outside the case. DC is not a state, nor is it a city in a state.

DC has the possibility to be a very limited ruling because of the status of the city being controlled by the Federal government.
0 Replies
 
OmSigDAVID
 
  0  
Mon 23 Jun, 2008 07:06 pm
parados wrote:
Quote:
If he addresses incorporation at all,
I believe that he will do so to incorporate and apply freedom of selfdefense
to limit the state governments.

That would step outside the case. DC is not a state, nor is it a city in a state.

DC has the possibility to be a very limited ruling because of the status
of the city being controlled by the Federal government.

I already addressed that above.

The ruling probably will be limited to federal jurisdiction,
at this time, until a new case arrives appealing from a state court.

HOWEVER,
if the USSC finds that every citizen has the right to KABA
and that this is a FUNDAMENTAL RIGHT, then that will apply
to curtail the state governments.

In GIDEON v. WAINWRIGHT (1963) 372 US 335 the US Supreme Court
held that: "this Court has looked to the FUNDAMENTAL nature of original
Bill of Rights guarantees to decide whether the Fourteenth Amendment
makes them obligatory on the States
"[emphasis added]
0 Replies
 
parados
 
  2  
Mon 23 Jun, 2008 08:03 pm
Quote:
HOWEVER,
if the USSC finds that every citizen has the right to KABA
and that this is a FUNDAMENTAL RIGHT, then that will apply
to curtail the state governments.


The court has no reason to rule in such a broad manner since they can deal with the issue as a federally controlled area. Kennedy isn't about to sign unto a ruling that makes such a broad assessment. The ruling, no matter which way it goes will be restricted and not address "fundamental rights" of KABA.
0 Replies
 
OmSigDAVID
 
  0  
Mon 23 Jun, 2008 08:42 pm
parados wrote:
Quote:
HOWEVER,
if the USSC finds that every citizen has the right to KABA
and that this is a FUNDAMENTAL RIGHT, then that will apply
to curtail the state governments.


The court has no reason to rule in such a broad manner since they can deal with the issue as a federally controlled area. Kennedy isn't about to sign unto a ruling that makes such a broad assessment. The ruling, no matter which way it goes will be restricted and not address "fundamental rights" of KABA.

I agree with your assessment of the probabilities.

Justice Kennedy is a very powerful judge right now.
0 Replies
 
 

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