Posted on 11/22/2008 9:11:13 PM PST by nickcarraway
Edited on 11/24/2008 9:11:50 AM PST by Admin Moderator. [history]
Of conservatives' few victories this year, the most cherished came when the Supreme Court, in District of Columbia v. Heller, held for the first time that the Second Amendment protects an individual right to bear arms. Now, however, a distinguished conservative jurist argues that the court's ruling was mistaken and had the principal flaws of Roe v. Wade, the 1973 abortion ruling that conservatives execrate as judicial overreaching. Both rulings, says J. Harvie Wilkinson, suddenly recognized a judicially enforceable right grounded in "an ambiguous constitutional text."
—bflr—
Give me a break.
The text of the Second Amendment is clear and so is the historical application. A liberal court muddied the waters with Miller, and now the meaning has been restored. There are no umbras and penumbras and emanations issuing from the RKBA Amendment, and even the reasoning given here for Roe is incorrect, which in fact required incorporation of the Ninth Amendment, beyond which the Fourteenth had little if anything to do. But, since we're attempting to apply a Sophist's argument about a right never before claimed paralleling a right recognized since the founding, that isn't really too surprising.
So, we learn that O'Sullivan's Law applies to people as much as to institutions. Farewell, George, time to become Baseball Commish, or some other titular job that doesn't require you to exercise the brains you once -- but manifestly no longer -- have.
So the Vichy who once said:
“we must repeal the embarrassing Second Amendment” tries to tie Heller to Roe?
Tsk tsk tsk, Roe and it’s foundation, Griswold, are essentially Privacy Cases, Heller is a Affirmative Right decision.
Will, the VR, should stick to writing books on baseball...
Where Heller vs DC was a clear, unambiguous decision by the court to find for the "strict constructionist" interpretation of the simple language of the 2nd Amendment, the court had to puzzle out a hidden, non-existent, and invisible meaning to discover a "right" for abortion.
Will is an idiot. I can't find abortion mentioned in the Constitution but the right to keep and bear arms is in there. No question about it. Come on Georgie! This isn't rocket science.
bookmark
George Will comparing Heller to Roe. It’s kind of like comparing the Cubs to the Yankees
He really is losing it. It wasnt challenged ever before,, because everyone knew exactly what it meant.
And every bit of the discussion points to an individuals right. Can anyone who supports this “collective” theory point to a single utterance or word in the federalist papers,, in their letters,, etc, where any founder tried to explain that this was meant to protect state militias?
Will is jumping the shark,, i am already to the point that if Will endorses someone, im suspicious of them already.
I: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
II: 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.
IV: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated...
The Heller decision is not like the Roe v. Wade decision, give me a break. . . Sounds like they are trying to push the doctrine of judicial activism and judicial legislation down our throats
georgie needs to go write something about baseball.
FMCDH - BITS
Now the court must slog through an utterly predictable torrent of litigation, writing, piecemeal, a federal gun code concerning the newfound individual right.”
******
Will’s argument is that since it will produce a torrent of litigation then a clearly enumerated individual right was in fact rally nothing more than judicial fiat in the case of Heller. Has Will lost his freaking mind? That somehow the 2nd is no longer an individual but rather a state’s rights issue. What on earth is happening to these swizzle sticks? A collective dementia has set in and turned their brains into mush.
One thing is for certain, Will has clearly outed himself as an azz-kissing beltway hack willing to trash the constitution if it keeps him in the right circles.
There is NO clause in the Bill of Rights that says "the right of unnatural and brainwashed females to murder their offspring, whether out of selfishness or at the instigation of their boyfriends who don't want to pay child support, shall not be infringed."
And until there is, Georgie boy, there's no comparison.
Admit it, you're just trying to suck up to the liberals.
What the hell is so ambiguous or hard to understand about:
"...the right of the people to keep and bear arms, shall not be infringed
I should have stopped reading at "George Will".
L
I did.
Pat Buchanan named his cat "George Will," because he is a pu$$y...
“...like comparing the Cubs to the Yankees”
Roe and the Yankees are both evil, but how exactly does Heller parallel the Cubs?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.