Beyond Guns: The Deeper Meaning of Heller

Special to FreeRepublic ^ | 28 June 2008 | John Armor (Congressman Billybob)

[Congressman Billybob]

Yes, this is normal procedure. The authorship of the Opinion and the Dissent are established when the cases are actually decided, in the Friday conference on all cases argued that week. Then, as the weeks and months pass, the proposed Opinion and Dissent are circulated among the Justices for comment and review.

According to the book, The Brethren, there was exactly one instance when the circulation of opinions caused one Justice to change his mind, which resulted in a change in the whole verdict from 5-4 one way, to 5-4 the other way.

Especially when the divisions among the Justices are very strong, and their criticisms are particularly harsh, you will see cross references like those in Heller. Think of two children squabbling in a sand box, "Did so. Did not. Did so." Now, give both of them advanced degrees and huge vocabularies. What you get is what you see in Heller.

John / Billybob

[Congressman Billybob]

You got it. That's precisely why I call the Heller decision even more important than just the individual right to keep and bear arms. It is a huge decision, if a majority of the Justices, in most cases, will follow the same logic in future decisions on ANY issue.

John / Billybob

[Congressman Billybob]

The reason the date, 1992, is important is this: It makes this statement true -- "More than 6,000 of the men and women who wrote the Constitution, are still alive today." That's because any Amendment is just as effective as anything in the original document. (See Article V.) And, about 7,500 then-lving men and women of all beliefs and walks of life, took part in ratifying the last Amendment, as did Congress in accepting it as ratified.

But you're right. Sometimes lawyers ARE a little scary, like they lived in an alternative universe. LOL.

John / Billybob

[stevio]

The scary thing about this is the 4 jurists who decided to ignore the Constitution in the Heller decision.

While I relish this victory, anger and rage still remain due to that fact.

[conservatism_IS_compassion]

I sure would like to see a case brought which would challenge the objectivity of journalism and, on that basis, delegitimate first McConnell v. FEC and ultimately Buckley v. Valeo

[Bigun]

BRAVO!!!

Spot on!

[neverdem]

Scalia wrote in effect that D.C.’s laws couldn’t pass any level of scrutiny, IIRC. What does that mean for us peons? Is that in effect strict scrutiny?

[William Tell]

donaldo said: "The press has never been this servile. "

That's why you and I both cancelled our subscriptions to these liberal rags years ago. That's why neither of us tunes into Dan Rather and his ilk on the broadcast stations.

The liberal media is suffering a staggering decline in readership and viewership and the two of us need to continue encouraging others to join us in starving the liberal media to death.

[Freemeorkillme]

Beast, don’t know much about the urban setting, but I’d have to say this isn’t the case in the rurals of the north where where they breed the new State Police troopers.

Fee,
1 gun a month-bill A339- passed a few days before the Heller decision.

[Freemeorkillme]

Don’t feel sorry for us, just donate some bucks to the NRA or GOA on our behalf.

We have a huge uphill battle in this state and its going to take a lot of lawsuits to take back our rights here in NJ.

[Freemeorkillme]

“He said he would”

Sorry, Mac’s dangerous, a liar and a traitor and is/has been on a personal mission to discredit and stamp out conservativism. Not trustworthy when considering judicial nominations, the record would seem to predict.

The one and only reason I will vote for him to be the next CIC is what I hope will be military strength.

[bmwcyle]

The money is already flowing. You could also start your own group that we have. Stop down we will show you what we do.

[Postman]

There is a guy in Millburn, NJ who had his guns and 2nd amendment rights taken away during a divorce when his wife charged him with domestic violence. We incidentally owe the despised and superannuated late Frank Lautenberg, Senator from NJ for this law. Even though his ex later admitted it was a false charge, the poor guy wasn’t able to get his guns or rights back.

[Postman]

I agree....and I like that couple of drinks part!

[barb-tex]

Of course, even more important than the election of POTUS, is the composition of the senate. We can confirm the “good” ones and reject the “bad” ones. A two edged sword Q.E.D.

I fear the Mayors will Paraphrase Andrew Jackson : Scalia has made his decision, now let him enforce it. We gunnies will have to fight every block to have this decision have any effect. Talk about urban warfare. Farah said today, that the best reaction would be to buy guns. Like Churchill said, its guns or butter,or gasoline or food. Thats why we need to DRILL NOW!
barbra ann

[kevkrom]

Think of two children squabbling in a sand box, "Did so. Did not. Did so." Now, give both of them advanced degrees and huge vocabularies. What you get is what you see in Heller.

I've seen past opinions, typically dissents, by Scalia where he engages in sarcasm against the "liberal" reasoning of the other side. In this case, however, he completely dispensed with sarcasm, and basically just blasts Stevens and Breyer -- is this an indication of the heatedness of this specific case, or is it a more fundamental division between the two main "wings" of the Court?

[Congressman Billybob]

I see what you see. I think the gloves are off on the Supreme Court. Those who understand and respect the Constitution are going at those who don't, in incredibly strong language.

John / Billybob

[NewJerseyJoe]

Just got a call from the Star-Ledger to confirm authorship of my letter. Maybe it will be printed some time this week.

[redgolum]

Respectfully, everyone is assuming that this case was much bigger than it really is. Yes, the “ban” is gone, but will the new restrictions be any less?