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Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: June/28/2010 at 13:28
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has ruled that the 2nd Amendment applies to State law as well as federal law.   Chicago's gun ban has been OVERTURNED by the Supreme Court of the United States...

 
All is not lost yet, we are on shaky ground, but all is not lost...
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: June/28/2010 at 13:30
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I thought they just sent it back to a lower court to decide?  Did i read it wrong?  I wasn't 100% clear on it but didnt think it went as far as saying that the Chigago ban was unconstituctional and now citizens could have them.......  Did it indeed demonsih the ban, Dan?
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: June/28/2010 at 13:37
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High Court’s Big Ruling For Gun Rights

Posted By Lee Ross On June 28, 2010 @ 10:07 AM In U.S. | 647 Comments

In its second major ruling on gun rights in three years, the Supreme Court Monday extended the federally protected right to keep and bear arms to all 50 states. The decision will be hailed by gun rights advocates and comes over the opposition of gun control groups, the city of Chicago and four justices.

Justice Samuel Alito wrote for the five justice majority saying "the right to keep and bear arms must be regarded as a substantive guarantee, not a prohibition that could be ignored so long as the States legislated in an evenhanded manner."

The ruling builds upon the Court's 2008 decision in D.C. v. Heller that invalidated the handgun ban in the nation's capital. More importantly, that decision held that the Second Amendment right to keep and bear arms was a right the Founders specifically delegated to individuals. The justices affirmed that decision and extended its reach to the 50 states. Today's ruling also invalidates Chicago's handgun ban.

Backgrounder:

WASHINGTON -- The Supreme Court appears poised to issue a ruling that will expand to the states the high court's historic 2008 ruling that individuals have a federally protected right to keep and bear arms, following an hour-long argument Tuesday. If so, the decision would mark another hallmark victory for gun rights advocates and likely strike down Chicago's handgun ban that is similar to the Washington D.C. law already invalidated by the justices.

Tuesday's lively arguments featured lawyer Alan Gura, the same man who argued and won D.C. v. Heller in 2008. He now represents Otis McDonald who believes Chicago's handgun ban doesn't allow him to adequately protect himself. Gura argued the Heller decision which only applied to Washington D.C. and other areas of federal control should equally apply to Chicago and the rest of the country.

"In 1868, our nation made a promise to the McDonald family that they and their descendants would henceforth be American citizens, and with American citizenship came the guarantee enshrined in our Constitution that no State could make or enforce any law which shall abridge the privileges or immunities of American citizenship," Gura told the Court.

He argued the language of the Constitution's 14th Amendment forces the states to protect the rights guaranteed by the Second Amendment. The Bill of Rights, which was adopted in the late 18th Century, was then commonly viewed as only offering protections from the federal government.

It wasn't until after the Civil War that the Supreme Court in a piecemeal fashion began to apply--or incorporate--parts of the Bill of Rights to the states. It has used the 14th Amendment's Due Process Clause to incorporate most of the Constitution's first amendments but has not yet done so for the Second Amendment. Gura argued that another part of the 14th Amendment would be a better vehicle for the justices to make their ruling but there didn't appear to be enough support from the bench on that front.

Chief Justice John Roberts was the most vocal advocate of using the Due Process Clause to extend the Second Amendment rights to the states. "I don't see how you can read -- I don't see how you can read Heller and not take away from it the notion that the Second Amendment...was extremely important to the framers in their view of what liberty meant."

The discussion over "liberty" was a major philosophical theme of the arguments. Gura and National Rifle Association lawyer Paul Clement argued that the rights articulated in the Second Amendment are fundamental freedoms and would exist to all Americans even if there was no law specifically saying so.

James Feldman, lawyer for the City of Chicago, defended his city's handgun ban and argued why the Heller decision's Second Amendment guarantee doesn't comport with the view that it represents a vital protection of liberty that needs to be expanded to the states.

"[T]he right it protects is not implicit in the concept of ordered liberty," Feldman said. "States and local governments have been the primary locus of firearms regulation in this country for the last 220 years. Firearms unlike anything else that is the subject of a provision of the Bill of Rights are designed to injure and kill."

Justice Ruth Bader Ginsburg dissented in Heller and wondered why the right to bear arms was necessary to extend to the states. "f the notion is that these are principles that any free society would adopt, well, a lot of free societies have rejected the right to keep and bear arms."

Later in the arguments Roberts disputed that notion. "I do think the focus is our system of ordered liberty, not any abstract system of ordered liberty. You can say Japan is a free country, but it doesn't have the right to trial by -- by jury."

Roberts was part of the five member majority in Heller and there's a good chance Tuesday's case will result in a similar 5-4 outcome. All of the members of the Heller majority are still on the Court and at least one of them would have to rule against extending the Second Amendment protection in order for the opposing side to prevail.

Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: June/28/2010 at 13:45
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Thanks.  clears it up for me. 
 
Thats a step in the right direction for sure
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: June/28/2010 at 13:49
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"In 1868, our nation made a promise to the McDonald family that they and their descendants would henceforth be American citizens, and with American citizenship came the guarantee enshrined in our Constitution that no State could make or enforce any law which shall abridge the privileges or immunities of American citizenship," Gura told the Court.

Very eloquently stated!
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: June/28/2010 at 13:53
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OK guys and gals... I already have from my "remote location"... you need to text, fax, call, email, stand on their desks of all the Senate and let them KNOW beyond a reasonable doubt that we DO NOT want Kagan on the Supreme Court. 
Stop her...
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: June/28/2010 at 14:06
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 No doubt! 4 voted NAY. If she gets on .......................................................................!!!
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: June/28/2010 at 14:42
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Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: June/28/2010 at 14:47
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Yall think she'll get in?
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: June/28/2010 at 14:51
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They voted Sonia Sotomayor in...   Roll Eyes
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: June/28/2010 at 14:55
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true
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: June/28/2010 at 14:57
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She'll get in....when's the last time one of the nominees didn't?

Shame because she has zero bench time and is a far left loon. No way she'll be impartial on key issues. Look at Sotomayers record so far. She's one of the judges that voted for allowing Americans to donate $$$ to terrorist orgs.
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: June/28/2010 at 15:04
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If she gets on, it will be because "good men stood by and did nothing"...
 
It's up to YOU, people.  I've already sent emails, paid faxes, letters... about all I can do from here.
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: June/28/2010 at 16:05
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I am quite certain Kagan will get in.  Since she is replacing an equally left-wing departing justice, noone will put up much of a fight during confirmation.  Besides, Republicans do not have the votes to stop it, while Democrats do not care what anyone else says.  I think they have demonstrated time and again that are willing to take some electoral losses in order to push forward their left wing agenda.

ILya
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: June/28/2010 at 16:33
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Originally posted by koshkin koshkin wrote:

I am quite certain Kagan will get in.  Since she is replacing an equally left-wing departing justice, noone will put up much of a fight during confirmation.  Besides, Republicans do not have the votes to stop it, while Democrats do not care what anyone else says.  I think they have demonstrated time and again that are willing to take some electoral losses in order to push forward their left wing agenda.

ILya


Spot on Ilya.....when you have 60% of America screaming "we don't want it" (health care bill) and the socialists pass it anyway, it speaks volumes about the values or lack thereof. It's an ideological, fantasy land agenda and they could care less about the democratic process and the American public.
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: June/28/2010 at 16:40
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Bottom line... elections have consequences.  The American public elected this clown.  This is why I will never, ever vote for a Democrat or throw away my vote on someone who hasn't got a prayer of winning, even if the Republican I have to choose from is not much better.  In our current system, 3rd party candidates simply have no chance 99% of the time. 
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: June/28/2010 at 16:44
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Agreed. The fact is i want someone who will fight for the things that matter the most to me...gun rights, free market capitalism, tougher immigration laws etc. That = going republican and i don't care what the other side offers or who the person is.
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: June/28/2010 at 16:47
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Originally posted by shooter07 shooter07 wrote:

Agreed. The fact is i want someone who will fight for the things that matter the most to me...gun rights, free market capitalism, tougher immigration laws etc. That = going republican and i don't care what the other side offers or who the person is.
 
Amen, brother!
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: June/28/2010 at 20:01
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As bad as I hate to say this, she's in nothing left to fight about.  Sure we can voice our opinions, but there's no stopping the inevitable.
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: June/28/2010 at 23:09
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To bad there is no way to vote on who is running the two parties. The 2 parties that are only controlled by money. Money that has been taxed out of reach of American citizens for the most part. The working illegals don't pay taxes and have a lot more spendable money. Together coupled with the money paid by foreign groups. The control which puppet will be in control next. With the house and senate controlled by foreign money now, there is not much chance that it can be deemed illegial for outside money to be used to buy our elections. The crooks in charge would all be kicked out.

Edited by 3_tens - June/28/2010 at 23:10
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: June/28/2010 at 23:40
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Where is the tar and feathers?
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: June/29/2010 at 08:07
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Why is it that all these stupid Lib Socialists are so damn fugly? Looks like Rosie material!
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: June/29/2010 at 08:37
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Originally posted by Urimaginaryfrnd Urimaginaryfrnd wrote:

Where is the tar and feathers?
Gone, along with the hangmans noose
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: June/29/2010 at 08:47
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Originally posted by Urimaginaryfrnd Urimaginaryfrnd wrote:

Where is the tar and feathers?
 Ed has the tar, AJ has the feathers (if he's not using them).
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: June/30/2010 at 19:46
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