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Gun-control ruling affirms the Confederacy
tcpalm.com ^ | March 28, 2007 | JOSH HORWITZ

Posted on 03/30/2007 5:09:20 PM PDT by neverdem

Earlier this month, in the case of Parker v. District of Columbia, a three-judge panel of the Federal Court of Appeals for the District of Columbia broke with all other federal circuits by holding that a gun-control statute violated the Second Amendment.

In a split decision, the court found that the District of Columbia's ban on handguns and a companion law that requires that legally owned firearms be stored disassembled could not be reconciled with the text of the amendment.

The amendment reads, "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 only modern Supreme Court case to look at the issue, United States v. Miller, found that the Second Amendment was designed to preserve the effectiveness of the organized militia.

The Parker case breaks from this precedent by finding that the militia purpose is but one among a laundry list of other individual uses of arms protected by the Second Amendment, including hunting, self-defense, and protection from the "depredations of a tyrannical government."

This last claim, that individuals have a right to take up arms against representative government, was last tried out by the Confederate States of America.

When Abraham Lincoln was elected president in 1860, many Southerners, fearing that Lincoln would abolish slavery, felt they had no obligation to accept the results of the election. Southern attempts to withdraw from the union quickly led to individuals taking up arms to fight what they perceived as federal tyranny.

As president, Lincoln acted on his belief that violence against the government was illegal and unconstitutional. In his first inaugural address he stated, "It is safe to assert that no government proper ever had a provision in its organic law for its own termination."

As he asked the nation to go to war to protect its sovereignty, Lincoln added, "And this issue embraces more than the fate of these United States ... It presents the question, whether discontented individuals, too few in numbers to control administration ... can always ... break up their government, and thus practically put an end to free government upon the Earth."

Lincoln made it clear that individuals or even states did not have the authority to determine what was "just cause" to wage a war against the union. As much as it pained him to send young men off to die, he did so to vindicate the idea that the Constitution and its amendments did not create some kind of national suicide pact.

Following the Civil War, the Supreme Court, in the case of Texas v. White, adopted this view and held that the Constitution did not countenance armed rebellion against the federal government.

The Parker court, by implicitly reviving Confederate constitutional theory and wrapping it in the authority of the federal courts, takes the ideals of conservative judicial activism in a lunatic direction.

The case is likely to be appealed. Let's hope that the rest of the D.C. Circuit knows enough history to recog´ nize that Lincoln, not Jefferson Davis, is the guiding spirit behind our system of constitutional government.

Horwitz is the executive director of the Coalition to Stop Gun Violence and a visiting scholar at the Johns Hopkins Bloomberg School of Public Health.


TOPICS: Constitution/Conservatism; Crime/Corruption; Editorial; Politics/Elections
KEYWORDS: banglist; judiciary
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To: since 1854

On the other hand if they; Western Virginians so chose to leave and form their own government as is the way our country was founded and upon that philosophy we once flourished, good luck and hope you make out well. (old Abe could have learned from that kinda thinking.)


321 posted on 04/06/2007 5:46:05 PM PDT by smug (Tanstaafl)
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To: smug

Somehow my copy of the Constitution lacks the article whereby the opinions of smug supercede decisions of the U.S. Supreme Court.


322 posted on 04/06/2007 5:48:09 PM PDT by since 1854 (http://grandoldpartisan.typepad.com)
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To: since 1854
the opinions of smug supercede decisions of the U.S. Supreme Court.

If the Supreme Court ruled that a small dog was a cat, or Christianity was the only religion that could legally be forbidden by law, would you have no problem with that? Are they infallible? If the rules on the Barn wall were yesterday read "Four legs good, two legs bad." And today it reads "four legs good, two legs better." would you just shrug you shoulders and say to your self, guess my memory of yesterday was mistaken? We, that's me and you live in the greatest nation ever conceived, but only by half it's potential. A nation without firm rules; without which the Supreme Court can expanded by whimsy or with attention to the ""penumbra" is a nation at risk's" It matters today very little whether West Virginia was legally formed or not. What matters is that we the people should not be sheeple and except a Supreme Court decision that is only responsible to political party or philosophical bents. A Supreme Court that has no challenges to a decision that is obviously constitutionally unsound is a threat to all. Would you play poker at a house that had rules that were open to interpretation. If so, pack up you stocks and bonds, hard cash and deeds, and come to smugs house and play. If you think that it not a threat ask the people that have been adversely effected by the Kelo decision. Where the constitution of Connecticut was changed by fiat. (redefining a word in the state constitution to change it's meaning as it was known and used; rather than the lawful way, by amendment.) Our forefathers creating a government of checks and balances left out one thing a check on the Supreme Court that can be effected quickly, before the horse leaves the barn.
323 posted on 04/06/2007 6:39:27 PM PDT by smug (Tanstaafl)
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To: stand watie
.."DAMNyankee "filth in blue", who were NOTHING but criminals, plunderers, rapists & FILTH"

Would you care to repeat that, Mr Bigot?

324 posted on 04/06/2007 6:41:49 PM PDT by M. Espinola (Freedom is never free)
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To: Bubba Ho-Tep
actually you seem to understand NOTHING. all you seem to CARE about is "causing dissension & problems".

that is what a TROLL does.

buzz off, TROLL.

free dixie,sw

325 posted on 04/06/2007 6:50:56 PM PDT by stand watie ("Resistance to tyrants is OBEDIENCE to God." - T. Jefferson, 1804)
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To: M. Espinola
funny that you should TRY to divert everyone from the TRUTH, i.e. that "Mr SPIN" is the PREMIER hater, FOOL & prejudiced little BIGOT of FR.

one wonders WHY you are allowed to remain on FR.

laughing AT you, BIGOT!!!

free dixie,sw

326 posted on 04/06/2007 6:53:41 PM PDT by stand watie ("Resistance to tyrants is OBEDIENCE to God." - T. Jefferson, 1804)
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To: stand watie
you CANNOT admit the TRUTH. it is your nature/JOB to DECEIVE the ignorant/UNeducated/UNwary.

And you wouldn't know the truth if it bit you in the butt.

327 posted on 04/07/2007 5:21:34 AM PDT by Non-Sequitur (Save Fredericksburg. Support CVBT.)
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To: Non-Sequitur
when you post things like #327, everyone KNOWS that you are "backed into a corner" & are helpLESS as to how to get out.

it is also TRUE that you HATE me talking about the HUNDRED THOUSAND (or MORE) raped/robbed/tortured/murdered UNarmed civilians and CSA prisoners of war. that is NOT the sanctimonious, SELF-righteous image that you DAMNyankees want to present to the world. noetheless ity is TRUE.

laughing AT you.

free dixie,sw

328 posted on 04/07/2007 10:49:06 AM PDT by stand watie ("Resistance to tyrants is OBEDIENCE to God." - T. Jefferson, 1804)
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To: stand watie
it is also TRUE that you HATE me talking about the HUNDRED THOUSAND (or MORE) raped/robbed/tortured/murdered UNarmed civilians and CSA prisoners of war. that is NOT the sanctimonious, SELF-righteous image that you DAMNyankees want to present to the world. noetheless ity is TRUE.

I'd point out again that it is a bare-faced lie, but since you have absolutely no shame why bother?

329 posted on 04/07/2007 10:57:26 AM PDT by Non-Sequitur (Save Fredericksburg. Support CVBT.)
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To: Bubba Ho-Tep
actually you don't want to ADMIT that DAMNyankees are the south-HATING,IGNORANT, arrogant, PREJUDICED,minority of northerners.

i suspect that 10-15% of northerners in 1860 were DAMNyankees. i would guess that the percentage of DYs is about the same, NOW.

examples of DAMNyankees are "Mr SPIN", the BIGOT & "ftd", the HATE-filled FOOL. BOTH are PREJUDICED against the south, southern culture, our flags/memorials/cemeteries/museums & the southern people. BOTH are NOT "loaded with brains". BOTH are clueLESS & UNteachable.

otoh, northerners like ELS, ariamne, exit 148, Dr Raoul, RaceBannon and MILLIONS of other northerners are NOT DAMNyankees. instead they are simply northerners.

additionally, there are a FEW south-HATERS, who are NOT really DAMNyankees. N-S is an example of such a person. he is NOT either stupid or UNeducated. rather he is simply a PROPAGANDIST for the unionists & a fanatic about the WBTS. (as he is a unionist FANATIC, he refuses to ADMIT the TRUTH about the war against the UNarmed civilians of dixie and/or the ATROCITIES committed against helpLESS CSA prisoners of war, though he certainly KNOWS what was done, by the lincoln MALadministration, to those victims of the "FILTH in blue".).

NOW, can you UNDERSTAND the difference in NORTHERN soldiers who were HONORABLE & fought WELL in a POOR CAUSE & the DAMNyankee "FILTH in blue" that came south for FUN, LOOT, RAPINE & HATRED??? also, can you UNDERSTAND the difference in being a "northerner" and a DAMNyankee BIGOT????(if not, we'll send you back to third grade.)

free dixie,sw

330 posted on 04/07/2007 11:13:34 AM PDT by stand watie ("Resistance to tyrants is OBEDIENCE to God." - T. Jefferson, 1804)
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To: Non-Sequitur
don't you WISH that what i said was NOT the TRUTH???

SADLY for you & the VICTIMS of the "FILTH in blue", the TRUTH is the TRUTH.

btw, when are you coming East, so that i can put your hands on the 92 tombstones of my RAPED/ROBBED/TORTURED/MURDERED family members, who were VICTIMS of the DAMNyankees AND let me take you to Point Lookout DEATH Camp & put in your hands the bones/skulls of the MURDERED Confederate POWs???

free dixie,sw

331 posted on 04/07/2007 11:18:53 AM PDT by stand watie ("Resistance to tyrants is OBEDIENCE to God." - T. Jefferson, 1804)
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To: stand watie
don't you WISH that what i said was NOT the TRUTH???

I don't need to wish, I know what you said bears no resemblance to the truth.

332 posted on 04/07/2007 1:58:32 PM PDT by Non-Sequitur (Save Fredericksburg. Support CVBT.)
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To: stand watie
"..the HUNDRED THOUSAND (or MORE) raped/robbed/tortured/murdered UNarmed civilians and CSA prisoners of war."

Invent on, raving insane one. Your blind neo-confederate hate, daily exhibited in your inflammatory postings, leaves no doubt why America was dragged into the Civil War, and why your kind should have been banished from the land in 1865 - forever.

333 posted on 04/07/2007 7:33:57 PM PDT by M. Espinola (Freedom is never free)
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To: M. Espinola
why GOOD MORNING, FOOL/BIGOT/IDIOT!!

it's a GRAND thing that you're exposing your HATE-filled, IGNORANT, prejudice for everyone to see & experience.

every post you spew out, like so much manure, DAMAGES the unionists & HELPS the southern cause. so RANT ON, BIGOT!

fyi, you are a JOKE & a source of MIRTH to everyone, who reads your PREJUDICED & STUPID bilge.

laughing AT you, BIGOT!!!

free dixie,sw

334 posted on 04/08/2007 8:49:41 AM PDT by stand watie ("Resistance to tyrants is OBEDIENCE to God." - T. Jefferson, 1804)
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To: since 1854
As affirmed by the Supreme Court, the creation of West Virginia was constitutional. Per the constitution of Virginia at the time, the 1861 constitutional convention superceded the state government. Those delegates who voted for secession thereby lost their legitimacy as delegates, leaving the loyal delegates as the legitimate government of the state of Virginia. It was the loyal state administration of Gov. Francis Pierpont, who remained in office until 1868, which consented to the formation of West Virginia.

Thank you for that insight.

335 posted on 04/09/2007 5:14:26 AM PDT by fortheDeclaration (For what saith the scripture? (Rom.4:3))
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