As the quotations earlier in this opinion demonstrate,
the inherent right of self-defense has been central to the
Second Amendment right. The handgun ban amounts to a
prohibition of an entire class of “arms” that is overwhelmingly
chosen by American society for that lawful purpose.
The prohibition extends, moreover, to the home, where the
need for defense of self, family, and property is most acute.
Under any of the standards of scrutiny that we have applied
to enumerated constitutional rights, banning from
the home “the most preferred firearm in the nation to
‘keep’ and use for protection of one’s home and family,”
would fail constitutional muster.
Well you're wrong!!! When you split something, you agree with changing two different things. The Supreme court changed 1 thing and left the other in place. Sorry even a court janitor could have figured out they would maintain restricting guns to convicted felons and people with mental issues. Get over yourself!!!
Well you're wrong!!! When you split something, you agree with changing two different things. The Supreme court changed 1 thing and left the other in place. Sorry even a court janitor could have figured out they would maintain restricting guns to convicted felons and people with mental issues. Get over yourself!!!
There's a lot of interesting reading in there. It looks like the majority held most of the arguments that the pro-gun community have been making for years:
- That the main purpose of the 2nd Ammendment is to ensure that citizens have an ability to protect themselves from the Federal government. I never thought I would see the words "The response was to deny Congress
power to abridge the ancient right of individuals to keep and bear
arms, so that the ideal of a citizens’ militia would be preserved." in a Supreme Court document.
- That trigger locks prevent people from effectively using firearms for home defense.
- That the interpretation of the 2nd Ammendment as an individual right is supported by other use of the word "people" in the Bill of Rights and in other similar firearms laws written just before and after the ammendment.
I also like this part: "The two sides in this case have set out very different
interpretations of the Amendment. Petitioners and today’s dissenting Justices believe that it protects only the right to possess and carry a firearm in onnection with militia service." Looks like the dissenters tried the longtime argument that the gun grabbers have used for decades and lost. Oh happy day!
A win is a win I guess. Would of like to see it a bit more decisive though.
We won in a sense. I'm happy the ruling went the way it did, but, a 5-4 margin is a little too skinny for comfort. There are 4 that do not think the 2A is an individual right. That's scary
...you read the dissents?
This is how they read the 2A;
"A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed as long as they only have those arms when they are actively in the militia. The people are subordinate to the militia and the militia is subordinate to the state. The state is NOT the people and the militia is NOT the people. They are the things the people serve."[/QUOTE
THAT IS VERY, VERY SCARY . I TAKE THAT AS MEANING "WE THE PEOPLE"
HAVE NO VOICE.
[
THAT IS VERY, VERY SCARY . I TAKE THAT AS MEANING "WE THE PEOPLE"
HAVE NO VOICE.
We won in a sense. I'm happy the ruling went the way it did, but, a 5-4 margin is a little too skinny for comfort. There are 4 that do not think the 2A is an individual right. That's scary
Elect Obama, he chooses the next Justice, and 2A comes up again and goes the other way. Who knows what other rights of an individual they would take away once they open the door.
That argument only goes so far. GHW Bush gave us Souter and Thomas, so, I give him a D.
Ford gave us Stevens.
And Reagan was only batting .500 with Scalia and Kennedy.
McCain is on record as having been OK with Roberts but not Alito.
I've agreed with what you post more times than not, so it would be fair to say I've been dead ass wrong quite a few times.Forget it Larry... He's afraid to admit that his predicton was dead ass wrong.
True dat.
So conservative appointees seem to think for themselves, and make decisions not based on their political beliefs as much as what they believe to be right (albeit really right or not)..
Whereas the Democratic appointees?
Anyone who is far in either direction (right or left) is bad for the country because they are only voicing the views of a small percentage of people...:shrug:
True, but anyone that reads the constitution the way it was intended, and interprets it the same way is considered a Conservative, and not only a Conservative but far Right, and would never get confirmed with a Democratic majority.
For Example, Scalia is a constitutional scholar, and believes decisions should be based on the Constititution using the language and meanings from the time it was written.. he's considered a Conservative just on that basis alone.
What's sad is that SHOULD be the requirement of being on the Supreme Court. If you interpret the Constitution any other way, or build modern day meaning into 200 year old language, you shouldn't be on the Supreme Court.
The discussion wasn't about splitting anything. I said that the Supremes would affirm the 2nd Ammendment as an individual right and overturn the DC ban, but allow other "reasonable" gun control measures to stand... and I was right.
Now... go back to mom and dad's basement Mr. Wannabe.