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Reflections Upon the U.S. Supreme Court's Rejection of Silveira
Keep and Bear Arms ^ | 4 December 2003 | Peter J. Mancus

Posted on 12/05/2003 10:08:03 AM PST by 45Auto

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Long rant, sometimes off the wall , but overall an interesting assessment.
1 posted on 12/05/2003 10:08:03 AM PST by 45Auto
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To: 45Auto
worthy read bump
2 posted on 12/05/2003 10:10:07 AM PST by Teacher317
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To: 45Auto
Nice quote from above:

"We live in a perverted, disingenuous nation full of callous, cavalier, self-righteous, constitutional illiterates, in and out of government, who are dangerous and oppressive. Despite the best efforts of some of the best people I know (their passion, sustained commitment, critical, cerebral energy, delayed gratification, sacrifice, etc., ) I have serious reservations if any of us, including myself, individually or in the aggregate, have accomplished anything meaningful in terms of “the big picture” or of delaying open armed conflict with our own governments."

3 posted on 12/05/2003 10:12:14 AM PST by 45Auto (Big holes are (almost) always better.)
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To: 45Auto
for later.................Long is right....
4 posted on 12/05/2003 10:14:37 AM PST by OXENinFLA (Islam is like a new Communist infestation akin to what McCarthy exposed.)
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To: 45Auto

 

"...the American Judiciary, which is supposed to function as “the Guardian of Liberty.”

5 posted on 12/05/2003 10:17:59 AM PST by agitator (Ok, mic check...line one...)
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To: 45Auto
Who would sign a contract with another person when the contract said that the other person gets to determine what the rules are, gets to change the rules arbitrarily, without being held accountable, gets to unilaterally interpret and apply the rules, and gets to force you to obey his rules, and you must obey his unilateral interpretation of his rules because that is one of his rules? And he has a monopoly on force?

Well said and worthy of remembrance

6 posted on 12/05/2003 10:28:10 AM PST by Blood of Tyrants (Even if the government took all your earnings, you wouldn’t be, in its eyes, a slave.)
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To: *bang_list; Joe Brower; Travis McGee
A long but good rant at the denial of cert for Silveira.
7 posted on 12/05/2003 10:39:38 AM PST by coloradan (Hence, etc.)
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To: AAABEST; wku man; SLB; Travis McGee; Squantos; harpseal; Shooter 2.5; The Old Hoosier; xrp; ...
Click the Gadsden flag for pro-gun resources!
8 posted on 12/05/2003 11:10:12 AM PST by Joe Brower ("If you want a picture of the future, imagine a boot stamping on a human face, forever." - G. Orwell)
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To: Joe Brower
Be Well ~ Be Armed ~ Be Safe ~ Molon Labe!
9 posted on 12/05/2003 11:12:07 AM PST by blackie
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To: Joe Brower
The Federal Judiciary has made a mockery of itself. While there may be a few honest judges sitting on the federal bench, by and large the majority has abrogated their single responsibility: to protect the Constitution against the predations of ambitious, arrogant, tyrannical politicians. In this they have failed. The US SC has instead set itself up as the defender of nut-case ideas, crackpot legal theorists, and sole social engineer, arbiter of "all that is good and just in America". Degenerates, nearly the whole lot of 'em.

Indeed, the judiciary has become merely the "rubber stampers" of authoritarian legislatures. I can't wait to see what a travesty they make of the Pledge case, going so far as to allow that moron, Neudow to argue the case himself.

By ignoring cases which bring to the fore authentic Constitutional issues like the basic RKBA, and taking cases which are more to the liking of the 6 social engineers on the bench, they not only make a mockery of themselves, they mock real justice and demonstrate that they have no regard whatsoever for the one thing that made (note past tense) the United States unique: Liberty. The Constitution does not exist to grant government unlimited powers and immunity from the Rule of Law. Nor does it exist to limit the FREEDOM of the good citizens of the nation. The actions of the Supreme Court turn the Constitution upside down. The least damage that could result is that a larger and larger percentage of the citizenry simply develop contempt for the Court in specific and for the Rule of Law in general, leading to widespread flouting of their stupid, unconstitutional, asinine rules. The worst that could happen is the armed conflict that Mancus speaks about. Its clear from the failure to grant cert in this case that Rehnquist, Scalia and Thomas are the only ones who wished to hear it. That the other six cowardly, commie social engineers, Souter, Ginsburg, Kennedy, Breyer, O'Conner, and Stevens, were afraid to hear this case because they knew they could not rule in favor of the 9th Circuit's decision and still maintain any credibility at all.

So now, the status quo for the good citizens living under the tyrannical shadow of the 9th Circuit is that they have no basic, Constitutional right to keep and bear arms; yet I don't think the rotten bastards in any of the state legislatures have the guts to actually write, let alone pass, a total gun ban/confiscation. They have no more courage than the @sswipes on the SC that failed once again in their duty to protect the Constitution. Still, that possibility now exists under the jurisdiction of the 9th. And the rotten ban stands as "good" case law, remaining as a stepping stone to yet further bans.

10 posted on 12/05/2003 11:31:46 AM PST by 45Auto (Big holes are (almost) always better.)
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To: 45Auto
" . . . life, liberty and the pursuit of happiness . "

Without the means of personal self-defense, attempting to exercise liberty and pursue happiness are exercises in futility. Any government that denies its Citizens the right to self-defense is a government that begs to be dis-embowelled. First and foremost, our peculiar form of government was established to protect rights and to promote an environment for exercising them. If it fails that task, what We the People have created, We the People will dis-assemble and repair in a 'well-regulated' manner.

11 posted on 12/05/2003 11:32:45 AM PST by Eastbound
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To: 45Auto
Excellently stated, good sir. With your permission, I would like to forward your comments along with this article to a few pro-gun mail-lists I frequent.

Click the Gadsden flag for pro-gun resources!

12 posted on 12/05/2003 11:36:41 AM PST by Joe Brower ("If you want a picture of the future, imagine a boot stamping on a human face, forever." - G. Orwell)
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To: 45Auto
I got into the 2A battle long after my man and his friends gave up. They were fighting the good fight 15 years ago. Most have given up on writing letters & making phone calls due to the complete lack of response. After just a few years at it, I am disillusioned. I no longer write my reps....with reps like Boxer, Feinstein & Waxman....why bother?

There will come a time in the future when this country goes to war with itself. We are a nation divided right now. Half of the country thinks the government is & should be the provider of everything. Those people want a free ride. The rest of us are the victims of these society leeches. How many will fight when the time comes? There is trouble brewing....we have been likes frogs in a pot of warm water. The temperature is increasing daily & we either need to jump out of the pot or we'll get boiled alive.
13 posted on 12/05/2003 11:40:16 AM PST by Feiny (It's not about having what you want...but wanting what you have.)
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To: Joe Brower
Sure, forward away!

I am not going to give up on the good fight until the bastards put me in the ground. I know they would be only too happy to do so. Waco demonstrated that very well.

I don't know how long this nation can continue to call itself a Constitutional Republic; certainly, it still stands at least on paper, but much of the true liberty which the Founders wrote of so eloquently no longer exists. Oh, to be sure, we can still go about the nation unimpeded, spend our hard-earned dollars (at least the few that the government "allows" us to keep) on the necessities of life, go to the voting booth every few years and fool ourselves that we are voting for people who really give a damn about what this nation used to stand for, buy guns (the ones the government has approved) as long as we "pass" the government-mandated "tests", and actually carry these arms concealed in a majority of states (again, as long as we can pass the test), but our private property rights have been nearly completely taken away and we labor under the heavy burden of 50% taxation. The RKBA has been turned into the PKBA - Permission to Keep and Bear Arms - and what government giveth, government can taketh away.

As long as these little barriers to real liberty do not cause us much trouble, we willingly submit; but it won't be too long before simple traffic tickets become grounds for denial of the PKBA. If the Brady Boob gets her way, Congress will pass a federal "Needs-based" gun licensing Law. That will effectively be the end of liberty in the US. Once the 2nd is gone, there will be no more need for government to uphold the pretense that the citizenry is free and that it exists solely to defend that freedom. It will finally be the "straw that broke the Camel's back". The only question is whether we will go quietly into the abyss of slavery, or actually summon the courage to follow in the footsteps of the Founders.

14 posted on 12/05/2003 11:57:08 AM PST by 45Auto (Big holes are (almost) always better.)
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To: 45Auto
I can only say that I agree with the majority of his comments. I have placed my trust that eventaully the highest court would affirm the constitution and guard and protect our rights. This is no longer true. At some point because they failed to protect our freedom a local jurisdiction is going to go to far feeling safe to do so and blood will spill as a result. The second amendment has been in free fall in the last 50 years and unless the SCOTUS pulls the rip cord and opens the parashoot for a soft and safe landing the nation is going to bounce with pain and death.
15 posted on 12/05/2003 12:01:37 PM PST by Mat_Helm
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To: feinswinesuksass
"Half of the country thinks the government is & should be the provider of everything."

That's right. I saw a table of benefits and qualifications for benefits in the new presciption drug coverage and I got feedback from a bunch of retirees. They were bitching, because they wouldn't get their pills for free. See they had too much cash on hand and overall net worth. They were even ignorant enough to say they paid for it when they were working.

16 posted on 12/05/2003 12:01:50 PM PST by spunkets
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To: 45Auto
Just curious. What parts did you consider to 'off the wall?'
17 posted on 12/05/2003 12:28:39 PM PST by Badray (Molon Labe!)
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To: Joe Brower
Thanks for the ping. Great article.
18 posted on 12/05/2003 12:29:45 PM PST by Badray (Molon Labe!)
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To: Badray
Well, I think this line is a little over the top:

"When there is such a large mass that does not care, no law will save Liberty from indifference or ignorance or the pursuit of hedonism and love in the wrong places—the bottom of a bottle, at an ATM, between another woman’s legs, at the point of a needle, at the race track, at the card tables. Sadly, some people have taken their unfettered “pursuit of happiness” too far with their reckless self-destruction."

These things may be morally reprehensible, and they may represent "Libertin-ism" more than they do "Liberty", but one man's poison is another man's sacrament, and the Constitution, although written by men of moral courage, no more prevents self-destructive behavior than it does the basic right to own arms.

19 posted on 12/05/2003 12:36:24 PM PST by 45Auto (Big holes are (almost) always better.)
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To: Mat_Helm
…Is life so dear or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death!" - Patrick Henry

"Today, these comments are treated as hyperbole, a mere gentleman’s exercise in arousing legislators to action. With Henry, nothing could be further from the truth. For as Murray Rothbard has pointed out numerous times, the court historians of our age would have us believe that the American revolution was no revolution at all, but merely an unfortunate disagreement among refined compatriots.But for Patrick Henry – and he was certainly not alone in such sentiments – British rule was nothing short of barbaric tyranny, a despotism to be ripped from American soil no matter what the price in blood. In 1775, Patrick Henry was not simply attempting to arouse the passions of his fellow Virginians. He was suggesting a practical course of action: arming the population of Virginia against the troops of the British Crown. By late April he was making good on his own exhortations, and following the British seizure of a cache of arms owned by the Virginia militia, Henry himself led a militia company in a raid on the British capturing British funds as compensation for the theft of the arms." - Ryan McMaken

20 posted on 12/05/2003 12:56:39 PM PST by 45Auto (Big holes are (almost) always better.)
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