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The Supreme Court Takes Up the Second Amendment
The Provocateur ^ | 09/30/2009 | Mike Volpe

Posted on 09/30/2009 12:35:11 PM PDT by fiscon1

Following the Heller decision, folks in municipalities all over the country began to challenge local restrictions on gun rights. One of the most prominent bans in the country is right here in Chicago. That is about to get a full hearing in front of the Supreme Court.

The Supreme Court agreed Wednesday to decide whether strict local and state gun control laws violate the Second Amendment, ensuring another high-profile battle over the rights of gun owners.

The court said it will review a lower court ruling that upheld a handgun ban in Chicago. Gun rights supporters challenged gun laws in Chicago and some suburbs immediately following the high court's decision in June 2008 that struck down a handgun ban in the District of Columbia, a federal enclave.

(Excerpt) Read more at theeprovocateur.blogspot.com ...


TOPICS: Government
KEYWORDS: 2ndamendment; chicago; law; supremecourt
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1 posted on 09/30/2009 12:35:12 PM PDT by fiscon1
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To: fiscon1
I guess the USSC will get the Second Amendment all squared away as an individual, God given right just about the time Barack puts together his Constitutional Convention to rewrite it in his own image.
2 posted on 09/30/2009 12:38:12 PM PDT by E. Pluribus Unum (Ask not what the Kennedys can do for you, but what you can do for the Kennedys.)
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To: fiscon1

We know how Sotomayor will rule.


3 posted on 09/30/2009 12:38:20 PM PDT by Man50D (Fair Tax, you earn it, you keep it! FairTaxNation.com)
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To: fiscon1

Let’s hope this turns out okay. I think all gun laws should be rescinded - criminals don’t obey gun laws and if you inappropriately use a gun then there’s the crime. The crime should never be mere possession.


4 posted on 09/30/2009 12:39:37 PM PDT by BertWheeler (Dance and the World Dances With You!)
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To: fiscon1

I hope they make the constitutionally correct decision.

Well, I KNOW at least 3 of them won’t, but I really hope the other six realize exactly how thin the ice is.


5 posted on 09/30/2009 12:39:38 PM PDT by WayneS (Respect the 2nd Amendment; Repeal the 16th)
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To: fiscon1

Well, Obama was sure to get another anti-Constitutional liberal on the court. I would estimate any vote on firearms ownership freedom will be a pure partisan vote on the SCOTUS.


6 posted on 09/30/2009 12:40:01 PM PDT by EagleUSA
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To: devolve; ntnychik; dixiechick2000; PhilDragoo; MeekOneGOP; fiscon1

[Supreme Court agreed Wednesday to decide whether strict local and state gun control laws violate the Second Amendment]

DUH!
Interesting to see how Sotemeyer votes on this one.


7 posted on 09/30/2009 12:40:05 PM PDT by potlatch
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To: fiscon1

This can send this nation into war. I expect the court to rule the Bill of Rights is void, that they can pick and choose what parts we get. They use the “incorporation doctrine”, which is a bogus ruling that the court gets to decide which parts of the Bill of Rights we enjoy versus what parts the States get to stomp on.

Should they rule against us and for the States, I fully expect many States will outright ban firearms.


8 posted on 09/30/2009 12:42:43 PM PDT by CodeToad (If it weren't for physics and law enforcement I'd be unstoppable!)
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To: fiscon1

Perhaps they should concentrate on the first.


9 posted on 09/30/2009 12:44:43 PM PDT by marstegreg
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To: EagleUSA

He didn’t really get another on, he just replaced the one who left, so there are still the same number of liberals.

I’m pretty confident about this case. Usually, the Court wouldn’t decide to hear a case like this if one side wasn’t confident they had the votes. The Heller decision was 5-4 with all 5 signed on to Scalia’s opinion. Kennedy, who is usually the swing vote was arguably the most pro-2A voice during the argument. I don’t see him switching.

The interesting thing will be to see if they base the decision on the Privileges or Immunities clause instead of the Due Process clause. THey specificlaly mentioned the P or I clause in the grant. If they were to do that, which a numbre of conservatives have advocated, and which Justice Thomas has specifically mentioned in a prior opinion, it would be the most significant decision since Roe v Wade and go a long way towards fixing things.


10 posted on 09/30/2009 12:44:57 PM PDT by jeltz25
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To: fiscon1

Justice SoSo will say that the second amendment is a collective “right”.


11 posted on 09/30/2009 12:48:12 PM PDT by GeronL
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To: potlatch

SoSo say “collective right” no guns for you!


12 posted on 09/30/2009 12:48:49 PM PDT by GeronL
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To: fiscon1

“...the right of the people to keep *and bear* Arms, shall not be *infringed*.”

Infringe: to break, violate, *impair*, or *encroach upon*.

In other words, Barack, come anywhere *near* this one of my inalienable rights at great risk to your scaly hide!


13 posted on 09/30/2009 12:49:41 PM PDT by JohnQ1 (Pray for peace, prepare for war.)
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To: GeronL; devolve
[SoSo say “collective right” no guns for you!]

Lol, I butchered her name in my post!


14 posted on 09/30/2009 12:58:22 PM PDT by potlatch
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To: Man50D
We know how Sotomayor will rule.

Same as Souter.

So far we're 'ok' (although we unfortunately traded in an older leftist for a younger leftist)... Just need to keep Scalia, Thomas, Roberts, and Alito and the swing guy - Kennedy - in our prayers for the next few years. The other 4 are lost causes: Ginsburg, Stevens, Sotomayer, and Breyer...

15 posted on 09/30/2009 1:01:13 PM PDT by El Cid (Believe on the Lord Jesus Christ, and thou shalt be saved, and thy house...)
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To: JohnQ1

The issue of Obama coming after your guns was settled in Heller, for the time being at least.

This case is about the governor of your state coming after your guns, or the mayor of your city. Hopefully the 2A will be incorporated.


16 posted on 09/30/2009 1:04:12 PM PDT by Mr. Blonde (You ever thought about being weird for a living?)
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To: fiscon1

Lets hope all the Conservative judges survive until then.


17 posted on 09/30/2009 1:04:29 PM PDT by WackySam (To argue with a man who has renounced his reason is like giving medicine to the dead.)
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To: Man50D
We know how Sotomayor will rule.

The same way that sick sodomite Souter would rule.
This country is hanging by a thread.

18 posted on 09/30/2009 1:05:38 PM PDT by Lancey Howard
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To: CodeToad
They use the “incorporation doctrine”, which is a bogus ruling that the court gets to decide which parts of the Bill of Rights we enjoy versus what parts the States get to stomp on.

Bogus indeed - the root of all evil, in fact.

But unless they reverse Heller, they're going to have a hard time not ruling against Chicago. The two are directly linked by their corporate aspect, and I don't see how the court can get around that. That's why Heller was so important - the D.C. venue didn't limit the decision, it established it's corporate reach. So as far as I can see, it's domino time.

19 posted on 09/30/2009 1:07:28 PM PDT by Talisker (When you find a turtle on top of a fence post, you can be damn sure it didn't get there on it's own.)
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To: Talisker

“So as far as I can see, it’s domino time.”

Me, too.


20 posted on 09/30/2009 1:09:22 PM PDT by CodeToad (If it weren't for physics and law enforcement I'd be unstoppable!)
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To: GeronL

There is no such thing as a “collective right” Rights are attributes of individuals, as they imply a freedom of action motivated by conscious will, or from force or fraud at the hands of another. Groups have no will or consciousness, only the aggregate of individual wills and minds.


21 posted on 09/30/2009 1:11:11 PM PDT by andy58-in-nh (America does not need to be organized: it needs to be liberated.)
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To: BertWheeler

I’m in Atlanta. Concealed weapons are legal. I’m told that on any given night 1 in 4 are carrying and most women.


22 posted on 09/30/2009 1:12:04 PM PDT by nikos1121 (Praying for -16 today.)
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To: marstegreg
Perhaps they should concentrate on the first.

There is no 1st without the 2nd.

23 posted on 09/30/2009 1:14:42 PM PDT by Gabz (Democrats for Voldemort)
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To: Gabz

You are right.


24 posted on 09/30/2009 1:16:14 PM PDT by marstegreg
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To: potlatch

.

The democrats figure if we legitimately criticize Sotemeyer for here biased agendas that hispanics will move more to the left on voting day.

He nomination and confirmation was pure radical left politics.

But honest hispanic Americam citizens are not known for being anti-gun or for wanting the anti-freedom Mexican or Cuban tyrannical restrictions and bans.

Democrats continue to fight the 2nd Ammendment at their peril.


25 posted on 09/30/2009 1:20:40 PM PDT by devolve ( . . . . . . . . . . never whack them with a 2x4 if 4x4 is handy . . . . . . . . . . .)
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To: andy58-in-nh

I know that, leftists don’t know that. =o)

Wasn’t it John Cougar Mellencamp who postulated that the first amendment was a collective right? I am not sure how that would work.


26 posted on 09/30/2009 1:21:49 PM PDT by GeronL
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To: potlatch

.

Good .gif potlatch

She has that Mad Allbright thing going on.....


27 posted on 09/30/2009 1:26:21 PM PDT by devolve ( . . . . . . . . . . never whack them with a 2x4 if 4x4 is handy . . . . . . . . . . .)
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To: devolve
Lol, I fractured her name when I posted above, should have checked.

Not sure about the Hispanics down here in South Texas. So many of their kids have been killed by guns. Many of their homes have been shot at by ‘drive by’ shooters and some children have been killed in my town that way.

So - the older Hispanics ‘may’ not like guns.

The dems are riding roughshod over everything, I'm amazed every single day.

28 posted on 09/30/2009 1:27:23 PM PDT by potlatch
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To: potlatch

I don’t think it will be interesting, so much as predictable.

I DO hope I am wrong, though.


29 posted on 09/30/2009 1:27:35 PM PDT by WayneS (Respect the 2nd Amendment; Repeal the 16th)
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To: GeronL
Wasn’t it John Cougar Mellencamp who postulated that the first amendment was a collective right? I am not sure how that would work.

This from a man who could never stay on the same tune as his backup singers.

30 posted on 09/30/2009 1:28:11 PM PDT by andy58-in-nh (America does not need to be organized: it needs to be liberated.)
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To: GeronL

I suppose we COULD all get together and sing “We are the World”, right?


31 posted on 09/30/2009 1:29:22 PM PDT by WayneS (Respect the 2nd Amendment; Repeal the 16th)
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To: potlatch

I just call hr SoSo..


32 posted on 09/30/2009 1:29:47 PM PDT by GeronL
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To: devolve

[She has that Mad Allbright thing going on.....]

Maddy always had a ‘jolly’ look to her though. Especially when visiting Kim Jong, lol.


33 posted on 09/30/2009 1:32:02 PM PDT by potlatch
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To: WayneS

[I don’t think it will be interesting, so much as predictable.]

Maybe she will surprise us, that would be a real surprise!


34 posted on 09/30/2009 1:34:03 PM PDT by potlatch
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To: GeronL; devolve

[I just call hr SoSo..]

Lol, that gives me a laugh. Makes the spelling easier though! We’ve got O O and ho ho in the White House.


35 posted on 09/30/2009 1:36:35 PM PDT by potlatch
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To: potlatch

Or we could call her Red Sonia... but I like SoSo


36 posted on 09/30/2009 1:38:02 PM PDT by GeronL
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To: potlatch

.

I find their personal and political sides blend when the deliberately lie and scheme to gain power and/or and appointed or elected office.

At that point anything they have ever done or said or plan to do is open to The Alinski Rules.

Expose a fraud and/or a criminal as the slime they are.


37 posted on 09/30/2009 1:40:49 PM PDT by devolve ( . . . . . . . . . . never whack them with a 2x4 if 4x4 is handy . . . . . . . . . . .)
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To: GeronL

[Red Sonia]

Yeah, I’ve seen that used.


38 posted on 09/30/2009 1:41:34 PM PDT by potlatch
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To: devolve

Many get exposed all the time and never suffer any consequences. The democrats I mean, the pubs always confess and throw themselves under the wheels...


39 posted on 09/30/2009 1:47:19 PM PDT by potlatch
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To: fiscon1

This is just Twilight Zone to me. If it’s settled, unchangeable precedent that the 14th Amendment MUST apply to every state with NO local deviations permitted on the abortion issue, how can the same principle not apply to the Second? What am I missing?


40 posted on 09/30/2009 1:50:59 PM PDT by denydenydeny ("I'm sure this goes against everything you've been taught, but right and wrong do exist"-Dr House)
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To: potlatch



They chose The Darkside

They chose The Black Hole


41 posted on 09/30/2009 2:02:18 PM PDT by devolve ( . . . . . . . . . . never whack them with a 2x4 if 4x4 is handy . . . . . . . . . . .)
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To: devolve

The dems choose the Darkside
The dumb pubs fall into the Black Hole it seems.


42 posted on 09/30/2009 2:07:10 PM PDT by potlatch
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To: potlatch

.

It’s all very dark

Or lightmediumbrown


43 posted on 09/30/2009 2:27:18 PM PDT by devolve ( . . . . . . . . . . never whack them with a 2x4 if 4x4 is handy . . . . . . . . . . .)
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To: devolve

[It’s all very dark
Or lightmediumbrown]

Lol, I know, you are really in the doldrums today!
You need a cup of ChockFulla and a piece of Michelle’s pie to perk you up!!

Ummm, you forgot purple. Black and purple are the depths of despair.


44 posted on 09/30/2009 2:34:08 PM PDT by potlatch
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To: nikos1121

I’m a fan of concealed carry, especially for women. A .38 snub nose revolver fits very nicely into any woman’s purse.


45 posted on 09/30/2009 2:39:03 PM PDT by BertWheeler (Dance and the World Dances With You!)
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To: potlatch

.

Black and Chartreuse.....


46 posted on 09/30/2009 2:40:28 PM PDT by devolve ( . . . . . . . . . . never whack them with a 2x4 if 4x4 is handy . . . . . . . . . . .)
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To: potlatch

If Sortamywhore would only flip a coin, at least she would give us half a chance. She is left of Lenin. We know how she will vote. Ban ‘em, Dan O.


47 posted on 09/30/2009 2:44:19 PM PDT by Freedom_Is_Not_Free (Depression Countdown: 50... 49... 48...)
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To: devolve

[Black and Chartreuse.....]

Ahh, there’s a glimmer of light shining through there for you, lol. Now add some hot pink and Peter Max will approve!

In fact, even Rush will approve as I have a picture of him in golf clothes that is amazing!


48 posted on 09/30/2009 2:44:55 PM PDT by potlatch
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To: Freedom_Is_Not_Free

You’re right, flipping a coin gives us 50/50.

But the dems are corrupt and her coin is the same on both sides, in her favor! “Heads I win, Tails you lose”, she says.


49 posted on 09/30/2009 2:49:19 PM PDT by potlatch
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To: fiscon1
Notice to all: This week on National Review Online - Uncommon Knowledge with Peter Robinson, Peter is interviewing Judge Laurence H. Silberman, who wrote the Appellate decision in District of Columbia v. Heller, and he comments on his decision.

http://tv.nationalreview.com/uncommonknowledge/

I would also recommend going back in the archives of earlier interviews, such as John Bolton and Antonin Scalia. A lot of interesting stuff there.

50 posted on 09/30/2009 4:19:52 PM PDT by Cheburashka (Stephen Decatur: you want barrels of gunpowder as tribute, you must expect cannonballs with it.)
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