That it was 5-4, is Scary!

This week, the Supreme Court ruled it was unconstitutional to deny Americans their 2nd Amendment rights. You would think such a vote would be unanimous, since the court is supposed to determine constitutionality, and denying 2nd Amendment rights would clearly not be constitutional. But, the vote was 5-4, with Anthony Kennedy providing the decisive vote.

This is how far to the left we have slid. We are dangerously close to having a court majority who feel they can literally re-write our constitution, through re-interpretations, which means none of our rights are sacred or guaranteed. There was nothing ambiguous about the positions of our Founding Fathers on the issue of the right to bear arms. Every single one of them, felt this was a fundamental right for Americans, and supposedly insured it by making it the 2nd Amendment, just behind our freedom of religion and speech.

Opponents of the 2nd will often say "times have changed" and this is their main argument of support for their position. Well, times have changed, we do live in a more violent and dangerous time, but that seems to lend even more strength to the importance OF the 2nd Amendment! Why would MORE danger and violence, diminish the right to bear arms? It makes absolutely no sense at all. Yes, we need to be diligent in knowing who we sell arms to, and we should scrutinize individuals who want to purchase arms, but there should never be a question of our fundamental right to bear arms.

So why did we have an unusually close vote on such an obvious issue? Because our Supreme Court has 4 members who shouldn't be on the court at all, and should probably be advocating socialist communism in Russia instead. I don't really care who appointed them, I know this is the first knee-jerk response I will get from pinheads... "so-and-so was appointed by a republican!" It doesn't matter who appointed the bad judges! We are at a precarious point, where a single SCOTUS appointment could fundamentally change our nation! Perhaps this is the illusive "CHANGE" we keep hearing about from Obama?

There are several important issues in the upcoming elections, but I think the most overlooked and important issue, is the Supreme Court appointments. The next president will likely have several. The question at hand is, what kind of America do you want? The America which stands on the fundamental principles of the Founding Fathers, as it has for over 200 years? Or, some Euro-Socialist amalgamation of liberal eliteness and reform? Do we support the premise that 'We The People' have the power to amend and change our constitution with the times, or do we want to give this power to men in black robes to decide through re-interpreting the constitution to fit their agenda?

It seems like such a simple and obvious choice, but then again, so did this week's SC decision on the constitutionality of the 2nd Amendment!
 
The Far Right Wing Court wins again!

And I'll be the first to point out that Desh and Cypress thought

Judge John Roberts was an acceptable Supreme Court judge!

How could they be so wrong? Well the simple answer is they are democrats so you cant expect too much...


While Liberals were fighting against Roberts and Alito, Democrats were praising them....

CK
 
The Far Right Wing Court wins again!

And I'll be the first to point out that Desh and Cypress thought

Judge John Roberts was an acceptable Supreme Court judge!

How could they be so wrong? Well the simple answer is they are democrats so you cant expect too much...


While Liberals were fighting against Roberts and Alito, Democrats were praising them....

CK

I think the opinion written by Scalia was spot on. The Bill of Rights was NOT written to protect state rights, it was written to protect INDIVIDUAL rights.

Disliking the outcome is fine. But what the SCOTUS did was confirm that they are not trying to legislate from the bench.

If you want to change the US Constitution there is a method by which you do that. If you cannot garner enough support for an amendment, then you are obviously wrong about it.
 
The funny thing about all of this is that the dissenting justices implicitly recognized that individuals have the right to own guns but that state and local governments have the ability to regulate that right. Given that the Bill of Rights applied only to the federal government at the time of the signing of the Constitution, I think the founders would probably have agreed with the minority.

The question of the legal status of Washington, D.C., neither a state nor a completely federal jurisdiction, was glossed over by the Court but I think it is an important question that they should have dealt with more fully.
 
I think the opinion written by Scalia was spot on. The Bill of Rights was NOT written to protect state rights, it was written to protect INDIVIDUAL rights.

Disliking the outcome is fine. But what the SCOTUS did was confirm that they are not trying to legislate from the bench.

If you want to change the US Constitution there is a method by which you do that. If you cannot garner enough support for an amendment, then you are obviously wrong about it.


The Supreme Court is overreaching the interpretation of the Constitution...

This is judicial activism at its worst....

So for all the conservative hypocrites who were whining about gay marriage....Where is the conservative outcry over the federal government bypassing states rights???

CK
 
Jesus, that cK twit is annoying. What a child too. Give us all a break little fella. Your ignorant views are of no importance to anyone. Even people who share your ridiculous philosphy abhor your comments and attitude.
 
The funny thing about all of this is that the dissenting justices implicitly recognized that individuals have the right to own guns but that state and local governments have the ability to regulate that right. Given that the Bill of Rights applied only to the federal government at the time of the signing of the Constitution, I think the founders would probably have agreed with the minority.

The question of the legal status of Washington, D.C., neither a state nor a completely federal jurisdiction, was glossed over by the Court but I think it is an important question that they should have dealt with more fully.

The ruling did not remove the states ability to regulate gun ownership. It just recognized the right as an individual one and removed the ability to completely ban firearm ownership.

And if the states tried to remove the rights of a free press or the right to free speech, or the rights against unreasonable search and seizure, it would be declared unconstitutional. But somehow the states should have the right to override this particular right?

Thats an interesting take on things.
 
Jesus, that cK twit is annoying. What a child too. Give us all a break little fella. Your ignorant views are of no importance to anyone. Even people who share your ridiculous philosphy abhor your comments and attitude.

Hey troll..... Go back to the peanut gallery!

CK
 
Rights that are guaranteed by the US Constitution cannot be taken away by the states.
 
The ruling did not remove the states ability to regulate gun ownership. It just recognized the right as an individual one and removed the ability to completely ban firearm ownership.

And if the states tried to remove the rights of a free press or the right to free speech, or the rights against unreasonable search and seizure, it would be declared unconstitutional. But somehow the states should have the right to override this particular right?

Thats an interesting take on things.


It's not all that interesting a take on things actually. There are several rights guaranteed by the Bill of Rights that the states need not recognize, among them are a trial by jury in civil trials, freedom from quartering soldiers, right to indictment by grand jury and protection against excessive bail and excessive fines.

While most rights guaranteed by the Bill of Rights have, in fact, been applied to the states through the Due Process Clause of the Fourteenth Amendment ("incoporation" is the legal term) not all have. Interestingly, the far right of the Court (Scalia and Thomas) are the two justices most opposed to incorporation of the Bill of RIghts as applicable to the states.

The Heller decision left open the question of whether the Second Amendment applies to the states.
 
Funny though that conservatives like you use the "Times have changed" or "9-11 changed everything" mantra in justifying government intrusions in other areas of our life including listening in to our phone conversations just because one person is calling from over seas. Both the Right and the left in this country are determined to restrict freedoms and to pretend that only one is is so intellectually dishonest that it defies description.
 
Essentially solitary just said: The idea that the states cannot pass unconstitutional laws is an interesting take on things!

lol
 
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Funny though that conservatives like you use the "Times have changed" or "9-11 changed everything" mantra in justifying government intrusions in other areas of our life including listening in to our phone conversations just because one person is calling from over seas. Both the Right and the left in this country are determined to restrict freedoms and to pretend that only one is is so intellectually dishonest that it defies description.

That is one of the things that angers me to no end. The same ones who argue that the right to bear arms is guaranteed by the US Constitution, and therefore sacred, are often the ones who try and argue in favor of the Patriot Act.

Either you favor following the US Constitution or you don't. You can't pick & choose which parts we follow and which parts we can toss out when you decide its best.
 
Rights that are guaranteed by the US Constitution cannot be taken away by the states.

That is my reading of the Constitution. On the other hand, rights given to the states are not to be usurped by the Federal Government. The states keep what is not enumerated.
 
Rights that are guaranteed by the US Constitution cannot be taken away by the states.


That's not necessarily true for the reasons I have outlined above. As court court noted in the Heller opinion in footnote 23:

With respect to Cruikshank’s continuing validity on incorporation,
a question not presented by this case, we note that Cruikshank also
said that the First Amendment did not apply against the States and did
not engage in the sort of Fourteenth Amendment inquiry required by
our later cases. Our later decisions in Presser v. Illinois, 116 U. S. 252,
265 (1886) and Miller v. Texas, 153 U. S. 535, 538 (1894), reaffirmed
that the Second Amendment applies only to the Federal Government.


So, if you won't take my word for it, please accept the word of Justice Scalia.
 
Disliking the outcome is fine. But what the SCOTUS did was confirm that they are not trying to legislate from the bench.

The SCOTUS did no such thing. If the vote had been 9-0, THAT would have confirmed they were not trying to legilsate from the bench. As it stands, 4 of 5 of them wanted to take away our 2nd Amendment rights by judicial fiat, not by allowing the people to ratify an amendment to the constitution, as they should, if the rights enumerated are to be ammended.

It is a perfect example of what is often stated by conservatives about "Originalist vs. Activist" judges. We are on the verge of having a majority activist court, who will undoubtedly change our rights as they deem fit, and we will have NO say in the matter. When that happens, America will change, not because We The People wanted or voted for change, but because judicial mandate forced change. This is NOT how the system is supposed to work, and America will ultimately fail because of it, if it's allowed to continue.
 
The SCOTUS did no such thing. If the vote had been 9-0, THAT would have confirmed they were not trying to legilsate from the bench.

I thought striking down a law was legislating from the bench? But you say, that if they had let this law stand, it's legislation from the bench?

Am I to understand that "legislate from the bench", to you, basically means any court decision you disagree with?
 
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