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Quote of the Day [Judge Silberman on Fed Appeals Court Gun Decision]
NY Times ^ | 3-10-07 | Laurence Silberman

Posted on 03/10/2007 4:32:16 AM PST by Pharmboy

“It seems passing strange, that the able lawyers and statesmen in the First Congress (including James Madison) would have expressed a sole concern for state militias with the language of the Second Amendment. Surely there was a more direct locution, such as ‘Congress shall make no law disarming the state militias’ or ‘states have a right to a well-regulated militia.’ ”

Judge Laurence H. Silberman writing for the majority,

(Excerpt) Read more at nytimes.com ...


TOPICS: News/Current Events
KEYWORDS: 2ndamendment; banglist; guns; rkba
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Well said, Judge. You are a scholar.
1 posted on 03/10/2007 4:32:20 AM PST by Pharmboy
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To: Joe Brower; indcons; Chani; thefactor; blam; aculeus; ELS; Doctor Raoul; mainepatsfan; timpad; ...

The British Musket ("Brown Bess", .75 cal) used by the Brits and many patriots during the RevWar

RevWar/Colonial History/General Washington Ping List

I felt this was important enough a quote to ping the list. In all my years as an NRA member and gun rights advocate (since 1975) I had never seen this observation stated as such. I thought you folks would want to see it (I apologize to those who already knew this logic and did not need this ping).

2 posted on 03/10/2007 4:41:00 AM PST by Pharmboy ([She turned me into a] Newt! in '08)
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To: Pharmboy

A bayonet ? Why how on earth would you use a bayonet when you are duck hunting ?





Yes that quote is good. As obvious as can be but still rare that its uttered in print or from the bench.


3 posted on 03/10/2007 4:44:56 AM PST by festus (The constitution may be flawed but its a whole lot better than what we have now.)
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To: Pharmboy

---this has interesting implications, to say the least---


4 posted on 03/10/2007 4:45:11 AM PST by rellimpank (-don't believe anything the MSM states about firearms or explosives--NRA Benefactor)
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To: All

5 posted on 03/10/2007 4:46:35 AM PST by Pharmboy ([She turned me into a] Newt! in '08)
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To: Pharmboy
Patricia Riley, a Justice Department official in the office of the United States attorney in the District, said yesterday that her office was “studying the decision and analyzing its effect on gun prosecutions

Madame Prosecutor its effect is to make any further prosecutions illegal and you know it.

BTW I'm also reasonably certain that if you continue to prosecute in the face of this decision that you become personally liable for willful violations of civil rights under false color of authority.

L

6 posted on 03/10/2007 4:47:35 AM PST by Lurker (Calling islam a religion is like calling a car a submarine.)
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To: IncPen; BartMan1

ping


7 posted on 03/10/2007 4:47:37 AM PST by Nailbiter
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To: Pharmboy

---Second Amendment scholar Clayton Cramer has some excellent commentary in his blog--


---http://claytoncramer.com/weblog/blogger.html


8 posted on 03/10/2007 4:49:20 AM PST by rellimpank (-don't believe anything the MSM states about firearms or explosives--NRA Benefactor)
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To: rellimpank

Yes--thanks for the link. I never knew about the issue of implied exclusivity of the second, with the 14th amendment broadening the second to include the landless, blacks and women. Excellent commentary.


9 posted on 03/10/2007 4:59:55 AM PST by Pharmboy ([She turned me into a] Newt! in '08)
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To: All
It looks like Silberman was a Reagan appointment:

Judge Silberman was appointed United States Circuit Judge in October 1985, and took senior status on November 1, 2000. He graduated from Dartmouth College in 1957 and Harvard Law School in 1961. He has been a partner in law firms in Honolulu and Washington, D.C., as well as a banker in San Francisco. He served in government as an attorney in the NLRB’s appellate section, Solicitor of the Department of Labor from 1969 to 1970, Undersecretary of Labor from 1970 to 1973, Deputy Attorney General of the United States from 1974 to 1975, and Ambassador to Yugoslavia from 1975 to 1977. From 1981 to 1985, he served as a member of the General Advisory Committee on Arms Control and Disarmament and the Department of Defense Policy Board. He was appointed by the Chief Justice to a term (1996 to 2003) as a member of the Foreign Intelligence Surveillance Court’s Review Panel. He also served as Co-Chairman (2004 to 2005) of the President’s Intelligence Commission. He was an Adjunct Professor of Administrative Law at Georgetown University Law Center from 1987 to 1994 and in 1997 and 1999, at NYU from 1995 to 1996, and at Harvard in 1998. He is now the Distinguished Visitor from the Judiciary at Georgetown University Law Center.

10 posted on 03/10/2007 5:02:50 AM PST by Pharmboy ([She turned me into a] Newt! in '08)
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To: Pharmboy
Methinks judge Silberman has given the Brady bunch indigestion. And well deserved I might add.

5.56mm

11 posted on 03/10/2007 5:04:26 AM PST by M Kehoe
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To: Pharmboy

Concur, call it the Minuteman ping!


12 posted on 03/10/2007 5:05:01 AM PST by NonValueAdded (Prevent Glo-Ball Warming ... turn out the sun when not in use)
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To: Pharmboy

Will this lead to the end of NYC's gun control laws? If so it would be a huge change.


13 posted on 03/10/2007 5:07:32 AM PST by aculeus (Ceci n'est pas une tagline.)
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To: Pharmboy

The most common sense comment I've ever seen from a judge on the 2nd Amendment. Cheers, Judge Silberman!


14 posted on 03/10/2007 5:12:27 AM PST by ABG(anybody but Gore) ("We're Living In A Twilight World..."- Swingout Sister)
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To: ABG(anybody but Gore)

And, through the good judge, Ronaldus Magnus is still having a positive effect on this greatest of countries.


15 posted on 03/10/2007 5:19:06 AM PST by Pharmboy ([She turned me into a] Newt! in '08)
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To: Pharmboy

Here, here!


16 posted on 03/10/2007 5:20:16 AM PST by ABG(anybody but Gore) ("We're Living In A Twilight World..."- Swingout Sister)
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To: Pharmboy
Why can't this be brought to the SCOTUS to resolve the issue,nationwide,once and for all?
17 posted on 03/10/2007 5:21:53 AM PST by Gay State Conservative ("The meaning of peace is the absence of opposition to socialism."-Karl Marx)
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To: All
And here's the funniest quote of the day:

"Today's decision flies in the face of laws that have helped decrease gun violence in the District of Columbia," D.C. Mayor Adrian M. Fenty said.

18 posted on 03/10/2007 5:30:46 AM PST by Pharmboy ([She turned me into a] Newt! in '08)
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To: Gay State Conservative

The DC libs are caught in quite a bind, it seems (to my non-legal mind, I might add). If they DON'T appeal, they then must abide by the ruling and non-felons will be able to keep arms in their homes; if they DO appeal, they risk the SCOTUS allowing EVERYONE in the country to have pistols in their homes. HA!


19 posted on 03/10/2007 5:34:07 AM PST by Pharmboy ([She turned me into a] Newt! in '08)
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To: Pharmboy
What is known about the dissenting judge? Other than she is liberal judge!
20 posted on 03/10/2007 5:39:39 AM PST by RAY (God Bless the USA!)
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