Virtually no one thought the decision would include saying that the 2A applied to states.
But if you listen very hard, you can hear lawsuits being prepared in Chicago and NYC at this very moment that will require an incorporation ruling.
SCOTUS to rule on 2nd Amendment
- Thread starter Bugfatty300
- Start date
Virtually no one thought the decision would include saying that the 2A applied to states.
But if you listen very hard, you can hear lawsuits being prepared in Chicago and NYC at this very moment that will require an incorporation ruling.
Anyway, it's a rare occasion that I feel I must tip my hat to Scalia on the grounds of agreement, but 
More drivel fropm Scalia. How can one be disqualified from exercising a fundamental right? Can Scalia point to a clause in the Constituion allowing for a citizen to be disqualified from enjoying a right that the Constitution shall not be infringed? I hope this puts to test the myth that Scalia strictly construes the Constitution.
sonorakitch
Overseas hunter
Every now and then, although less today than 10 years ago, I realize why I try to keep Democrats out of office. Today I get to pat myself on the back.
The gun issue, being the single most important issue to my life, was put to bed today...at least for a few decades.
The only thing that saddens me is that it was so close, and had Gore been elected, it most certainly would have gone the other way.
Perhaps the one thing I can really thank GW for.
~Chris
The gun issue, being the single most important issue to my life, was put to bed today...at least for a few decades.
The only thing that saddens me is that it was so close, and had Gore been elected, it most certainly would have gone the other way.
Perhaps the one thing I can really thank GW for.
~Chris
I'm genuinely curious: why is the gun issue "the single most important issue to [your] life?" I understand the constitutional arguments for it and all, but how does it really affect your life that much?
Cleo
If you read the excerpts, you will see that Scalia and company only put to bed the most strict of gun bans. Most of the other gun restrictions stay in place.
Bigfoot3814
Deity
Well, you gotta start somewhere.
sonorakitch
Overseas hunter
I have grown up around guns, worked around all kinds of guns, and find guns and the shooting sports a pleasant respite from the daily grind. Now, about 12 years ago, there was an enormous tide of support for gun control in the federal government, and my favorite pastime and ability to reconnect with physics was in jeopardy (not to mention hunting and defense). So for those 12 years, the gun issue became the single most important issue that I voted on. If a candidate was for gun control but shared much of my other beliefs, I would not vote for them. Everybody has their own issue....that is really what I meant. Life was a bad word choice when you point it out as such...
I didn't expect much else really. Although it will be interesting to see what kind of lawsuits the NRA and the like bring out and if they will include other items of the issue which need correction.
Anyways, better fixing some of it than going the other direction, which apparently was one vote away from being true.
~Chris
Well, this is about the end of it. I seriously doubt the Supreme Court will take any more 2nd Amendment cases in the near future. Scalia's language makes it pretty clear cut that most current infringement will be allowed and signals that that challenges to such infringement won't be granted cert for the foreseeable future. This case was decided on very case-specific grounds with much dicta that indicates that the Court isn't interested in digging in any deeper.
Bigfoot3814
Deity
I can't wait for the next Goetz!
JerichoHill
Bedrock of Knowledge
Umm, when one is convicted of a felony and loses constitutionally guaranteed rights?
Point to that in the Constitution and I'm with you. Plus, in Texas, you can be disqualified for being behind on your child support or student loan payments.
sonorakitch
Overseas hunter
It is so hilarious how 5 people on a bench can have such a different understanding of the 2nd Amendment than the remaining 4. It is almost as if they come from different solar systems.
Anyways, here is the pdf for the entire opinion.
http://www.nraila.org/media/PDFs/HellerOpinion.pdf
~Chris
Anyways, here is the pdf for the entire opinion.
http://www.nraila.org/media/PDFs/HellerOpinion.pdf
~Chris
Well, the Supreme Court ruled today that the Constitution's 2nd amendment is an individual right. I'll still never understand why they even had to talk about it to say that, and frankly had they ruled the other way I would have been tempted to urge people to keep their guns anyway as it would have been a ruling totally against what the Constitution clearly dictates. But that's moot I guess given the ruling.
http://news.yahoo.com/s/ap/20080626/ap_on_go_su_co/scotus_guns
http://news.yahoo.com/s/ap/20080626/ap_on_go_su_co/scotus_guns
It's nothing new. Split decisions over fundamental questions of constitutional law date back to the 18th Century (E.g., Calder v. Bull).
Cleo
They effectively take away their freedom of movement when they imprison them. They take away their right to life when they execute them. They take away their right to vote when they're convicted of felonies. They've been doing this for hundreds of years - now you're asking for a legal argument for it?
sonorakitch
Overseas hunter
I know that...I just find it so odd that literally, a line can be drawn down the middle, and those on one side see an issue so completely differently than those on the other side.
Really, the two major parties of the US share a great deal more in common than our historical split decisions on the bench.
One would think that, with all nine members being schooled in contitutional law for decades and being selected for the top court, they would have more homogeneous decisions...especially on the tough issues.
~Chris
Bigfoot3814
Deity
Well, then they wouldn't be tough issues. Sometimes people's morals get in the way of proper interpretation of the law.
Similar threads
