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To: SeekAndFind

Sad to be reminded about Robert Bork. Had he been confirmed we wouldn’t have any question about the outcome of this case - his replacement nominee was Anthony Kennedy.


5 posted on 04/06/2012 8:33:48 PM PDT by TexasNative2000 (Jimmy Carter's incompetence + Richard Nixon's paranoia = Barack Obama)
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To: TexasNative2000
With Bork on the Court, Heller might have gone the wrong way:

The Second Amendment states somewhat ambiguously: "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."

The first part of the Amendment supports proponents of gun control by seeming to make the possession of firearms contingent upon being a member of a state-regulated militia.

The next part is cited by opponents of gun control as a guarantee of the individual's right to possess such weapons, since he can always be called to militia service. The Supreme Court has consistently ruled that there is no individual right to own a firearm.

The Second Amendment was designed to allow states to defend themselves against a possible tyrannical national government. Now that the federal government has stealth bombers and nuclear weapons, it is hard to imagine what people would need to keep in the garage to serve that purpose.

-footnote, Slouching Toward Gomorrah, Robert Bork

8 posted on 04/07/2012 3:36:07 AM PDT by Ken H (Austerity is the irresistible force. Entitlements are the immovable object.)
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To: TexasNative2000
Sad to be reminded about Robert Bork. Had he been confirmed we wouldn’t have any question about the outcome of this case - his replacement nominee was Anthony Kennedy.

Perhaps. However, if you read his writings since his failed nomination, you have to wonder how he would have come down in Heller. His philosophy doesn't seem to respect the second amendment.

11 posted on 04/07/2012 8:12:53 PM PDT by zeugma (Those of us who work for a living are outnumbered by those who vote for a living.)
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