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Justice Scalia Gets His Gun; SCOTUS Finds 2nd Amendment
Leibowtiz's Canticle ^ | June 26, 2008 | Leibowitz

Posted on 06/26/2008 7:24:53 AM PDT by Bob Leibowitz

In an eagerly anticipated and strongly worded decision, Justice Antonin Scalia this morning led the Supreme Court to discover and define the Second Amendment as a guarantee of an individual's right to own firearms.

In a stunning but narrow 5-4 rebuke to liberal dogma of the past 30 years, where penumbras carried more weight than words, SCOTUS has confirmed what is known as the standard view of the amendment, that it means what it says.

While the decision does not automatically expand Second Amendment protections and prohibitions to affect state laws, it will immediately change the terms by which those restrictions are debated. In the long run, it is likely that some future case will arise where the issue of "incorporation" will be decided by the Court under either the 14th Amendment or the Privilege Clause, thereby bringing the Second Amendment to a level with the First and Fourth.

The case, which reached the Court as Heller vs. The District, is a special tribute to the foresight and conviction of one man, Robert Levy. Mr. Levy, who has never owned a gun, structured and financed the case, selected the plaintiffs, recruited the lawyers and developed the strategies that led to today's decision. At leaset initially, he did so against the wishes of the pro-Scond Amendment establishment, much of which believed at the beginning of the case, before the elevation of Roberts and Alito to the Court, that the risks as too large.

As Heller gained traction, particularly after an unambiguous decision by the Appellate court overturning D.C.'s handgun ban based on a finding that it was unconstitutional, the arguments and briefs filed by the opposing camps became a treasure trove of Second Amendment scholarship that will be studied by constitutional scholars for a century.

Justice Scalia, widely regarded as the shootingest Justice, was obviously enthusiastic in his writing, defining for history the Constitution's protection of the individual's right to keep and bear arms.

RELATED LINKS: Heller Will Win in June. How Big? has a complete review of the case and more than a dozen links to its history.


TOPICS: Government; History; Politics
KEYWORDS: banglist; guncontrol; guns; heller; judiciary; scotus; secondamendment; shallnotbeinfringed
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To: Bob Leibowitz

Now is the time to go on the offense.


81 posted on 06/26/2008 8:24:01 AM PDT by Diggler (We will be beaten with our own virtue. Proud American Infidel!)
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To: Bob Leibowitz
It's great that patriotic Americans won this case, but at 5-4 it's only one more vote away from being taken away completely.

Something for us to ponder, especially for those who may think that the next election isn't that important.

82 posted on 06/26/2008 8:27:00 AM PDT by jpl
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To: mr_hammer
In dissent, Justice John Paul Stevens wrote that the majority “would have us believe that over 200 years ago, the Framers made a choice to limit the tools available to elected officials wishing to regulate civilian uses of weapons.”

The government is still authorized to regulate the civilian uses of weapons - it always has been.

What it is not authorized to do is regulate ownership.

The state can tell you that it is not permissible to conduct target practice in a public park - but it cannot tell you that you cannot own a firearm.

83 posted on 06/26/2008 8:27:29 AM PDT by wideawake (Why is it that those who call themselves Constitutionalists know the least about the Constitution?)
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To: Bob Leibowitz

Thanks to prof. Joe Olson and everyone else who wrote amicus briefs to the court in support of our rights!


84 posted on 06/26/2008 8:29:15 AM PDT by WOBBLY BOB (Conservatives are to McCain what Charlie Brown is to Lucy.)
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To: Bob Leibowitz

Good post. Linked to it here:
http://travismonitor.blogspot.com/2008/06/supreme-courts-uphold-right-to-keep-and.html


85 posted on 06/26/2008 8:29:29 AM PDT by WOSG (http://no-bama.blogspot.com/ - NObama, stop the Hype and Chains candidate)
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To: Joe Brower
Liberals on the court prefer victims to be prosecuted for defending themselves per the British model.
86 posted on 06/26/2008 8:30:23 AM PDT by PhilDragoo (Hitlery: das Butch von Buchenvald)
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To: 3AngelaD; seanmerc; Big_Harry; sauropod

Today’s ruling was not so much of a great victory, as the avoidance of a great defeat.


87 posted on 06/26/2008 8:30:45 AM PDT by from occupied ga (Your most dangerous enemy is your own government,)
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To: Joiseydude

In my view the 4 who dissented, who just happened to be the four who went against the Consitution on Kelo, need to be impeached for deriliction of duty to the Constitution.

They are working *against* the constitution in case after case.


88 posted on 06/26/2008 8:31:13 AM PDT by WOSG (http://no-bama.blogspot.com/ - NObama, stop the Hype and Chains candidate)
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To: wideawake

All I can say is.....”WHEW, THAT WAS CLOSE !”


89 posted on 06/26/2008 8:34:17 AM PDT by geezerwheezer (get up boys, we're burnin' daylight!!!)
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To: beaversmom

THIS IS A REMINDER THAT 1 OR 2 SCOTUS JUSTICES CAN MEAN A LOT FOR OUR FREEDOMS!

Imagine if Kerry was President and picked 2 liberals instead of Roberts and Alito. The Headline today would be:

SCOTUS AFFIRMS DC GUN BAN, NO RKBA IN CONSTITUTION SAYS SCOTUS

That’s why we need McCain. Obama will nominate nightmare liberal activists.


90 posted on 06/26/2008 8:34:35 AM PDT by WOSG (http://no-bama.blogspot.com/ - NObama, stop the Hype and Chains candidate)
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To: Bob Leibowitz

Excellent! Thanks for posting!


91 posted on 06/26/2008 8:34:35 AM PDT by EdReform (The right of the people to keep and bear Arms shall not be infringed *NRA*JPFO*SAF*GOA*SAS*CCRKBA)
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To: Big_Harry
"Praise God! Now how about the rest of our trampled rights?"

Comrade Juan McNuts is scheming to shut down more of your 1st Amendment Speech rights. So watch your mouth. FR could be next to fall under McNuts / Feingold.

92 posted on 06/26/2008 8:35:18 AM PDT by Uncle Miltie (McCain / Kerry '08! ************* McCain's Dream Ticket, only the names have been reversed)
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To: G Larry

Someone needs to make up a picture of that.


93 posted on 06/26/2008 8:35:29 AM PDT by beaversmom
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To: MrB
Leftists think that “1984” was a suggestion instead of a warning.

That's a really good one! If you don't mind, I think I'll use that for future tag lines!
94 posted on 06/26/2008 8:43:42 AM PDT by dbehsman (NRA life member and loving every minute of it!)
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To: WOSG

Oh yeah definitely. It’s very important. As much as I’ve been disappointed in Bushie, he was at least good in that arena. I know Bush Sr. picked a big dud so it’s no guarantee with a Republican, but it is damn well guaranteed what Obama would pick—leftie and militant one at that. Probably nominate Spike Lee.


95 posted on 06/26/2008 8:45:11 AM PDT by beaversmom
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To: Bob Leibowitz

Isn’t there some way that we can impeach Justice Stevens? From the tone of Scalia’s discussion of Stevens’ opinions (”dead wrong,” “bizarre”) it sounds like Scalia would get on board with such an effort as well.


96 posted on 06/26/2008 8:46:14 AM PDT by mvpel (Michael Pelletier)
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To: seanmerc
From a link on Drudge re: the ruling.....

....The issue caused a split within the Bush administration. Vice President Dick Cheney supported the appeals court ruling, but others in the administration feared it could lead to the undoing of other gun regulations, including a federal law restricting sales of machine guns. Other laws keep felons from buying guns and provide for an instant background check........

THIS is what really pisses me off about W and his administration! They have bent over backwards to be 'reasonable', 'accessible' and open to the opposition. They're even using the same lame damn excuses liberals would use about guns (e.g., 'leads to unrestricted machine guns').

Proponents of second amendment rights have never officially advocated citizen machine gunnery. What a bunch of tight assed panty waists.......

97 posted on 06/26/2008 8:48:18 AM PDT by Gaffer
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To: Bob Leibowitz
All those who think it would be no big deal to put Obama and a Dem Senate in charge of SCOTUS nominations for four years by refusing to vote for McCain should carefully consider this. 5-4. It could easily be reversed by one future nominee.
98 posted on 06/26/2008 8:50:01 AM PDT by colorado tanker (Number nine, number nine, number nine . . .)
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To: beaversmom
I just got done talking with my dad, and he pointed out that Justice Breyer (I think I have this correct) was appointed by President Ford, and that Ford really regretted it. I think that Bush 41 regretted appointing Souter. I think some in the Republican establishment have gotten the idea finally.
99 posted on 06/26/2008 9:00:35 AM PDT by dbehsman (NRA life member and loving every minute of it!)
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To: Bob Leibowitz

Thank you Jesus!


100 posted on 06/26/2008 9:49:36 AM PDT by mikebeam
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