PDA

View Full Version : 2nd Amendment is all but gone if Obama gets to appoint another justice...




jllundqu
11-09-2012, 11:50 AM
Just so people know how close we are to losing the 2nd amendment altogether... the following are quotes from the Heller v. District of Columbia (DC Gun Ban Case):

Dissent (Breyer)

The Second Amendment protects militia-related interests, not self-defense-related interests. Furthermore, the Amendment permits government to regulate the interests that it serves. Colonial history itself offers important examples of the kinds of gun regulation that citizens would then have thought compatible with the right to keep and bear arms, including substantial regulation of firearms in urban areas, and regulations that imposed limitations on the use of firearms for the protection of the home.

Dissent (Stevens)

The Second Amendment was adopted to protect the right of the people to maintain a well regulated militia. It was a response to the concern that the power of Congress to disarm the state militias and create a national standing army posed an intolerable threat to state sovereignty. Neither the text of the Second Amendment nor the arguments advanced by its proponents evidence the slightest interest by the Framers in limiting any legislature’s authority to regulate private civilian uses of firearms.

This was a 5 to 4 decision!!! If Obama gets to appoint another justice, you can kiss your guns goodbye!

Andyc3020
11-09-2012, 12:01 PM
I guess I could look it up but I'm interested in how gun bans in places like New York were first put into place and how the people's guns were taken away. Anyone have any info?

Travlyr
11-09-2012, 12:05 PM
The Supreme Court does not have the power of judicial review. They did not get that power from the Constitution or any Amendment to date.

The Supreme Court and Judicial Review (http://www.constitutionality.us/SupremeCourt.html)

jllundqu
11-09-2012, 12:11 PM
The Supreme Court does not have the power of judicial review. They did not get that power from the Constitution or any Amendment to date.

The Supreme Court and Judicial Review (http://www.constitutionality.us/SupremeCourt.html)

This is true, but when the Supremes 'rule' that the 2nd amendment does not secure the right of an individual to possess a firearm and the feds come to take them, I hope you have more than a 'link' to show them, because as the article says... it has become so ingrained that if they decideto remove that amendment, it is effectively gone, constitutionally or not.

nobody's_hero
11-09-2012, 01:56 PM
Sorry but the supreme court appointment arguments are alarmist bull****. If anything, gun rights are probably screwed either way.

Does anyone remember Chief Justice Roberts' position on Obamacare? "Constitutional."

Does anyone remember who appointed Roberts? A "republican" president.

Do me a favor. The next person who comes up to you freaking out and says we have to choose candidate A or candidate B based on the potential outcome of Supreme Court rulings, spit in his/her face for me.

Hell, at this point, things so twisted as they are, it's as likely an Obama-appointee would support the 2nd Amendment as a Romney-appointee would have.

Gravik
11-09-2012, 04:00 PM
Breyer was appointed by Clinton, Stevens by Ford.

Acala
11-09-2012, 04:06 PM
The Supreme Court has, to my knowledge, NEVER declared a Federal gun law unconstitutional. So the argument that somehow a change in the makeup of that body is going to result in loss of protection of gun rights is unsupported by the facts. The Supreme Court has played essentially NO role in protecting gun rights.

CaptainAmerica
11-09-2012, 04:12 PM
supreme court lmfao. Anyone actually believe that the supreme court appointee matters when they don't protect our rights but take them away at every opportunity? Roberts was the asshole who defined "mandate" as a new form of tax.

Origanalist
11-09-2012, 04:18 PM
If Obama gets to appoint another justice, you can kiss your guns goodbye!

Have you looked into the judges appointed by Romney?

Hurricane Bruiser
11-09-2012, 05:15 PM
The Court appointment was one of two main reasons I ended up voting Romney. I just hope none of the conservative justices retire in the next 4 years! The last two Obama appointed were awful!

Origanalist
11-09-2012, 05:18 PM
The Court appointment was one of two main reasons I ended up voting Romney. I just hope none of the conservative justices retire in the next 4 years! The last two Obama appointed were awful!

Please enlighten me as to how Romney would appoint better judges.

angelatc
11-09-2012, 05:25 PM
The Court appointment was one of two main reasons I ended up voting Romney. I just hope none of the conservative justices retire in the next 4 years! The last two Obama appointed were awful!

The people around here don't believe there are any actual conservative justices on the court regardless. :) But any honest conservative judge that would retire now would certainly be selling out his duty to his principles.

tangent4ronpaul
11-09-2012, 05:27 PM
79yo - Ginsberg (Clinton)
76yo - Kennedy (Reagan)
76yo - Scalia (Reagan)
74yo - Breyer (Clinton)
64yo - Thomas (Bush, GW)
62yo - Alito (Bush)
58yo - Solomayor (Obama)
57yo - Roberts (Bush, GW)
52yo - Kaygan (Obama)

Keeping in mind that we have several senators that are 88yo, what makes people think any of these judges are going to rush out and retire?

-t

klamath
11-09-2012, 06:10 PM
Well if they overturn it the next court can reinstate it as well. I don't know what people are bringing Romney into this. Romney is done, gone over.
Republican appointed judges seem to be a mixed bag while democrat appointed judges are lockstep progressives. It is NEVER a question how they will break on a case it is always the republican appointed judges that everyone tries to figure out how they are going to break.