Posted on 06/04/2009 5:59:45 AM PDT by epow
On Wednesday, June 3, the National Rifle Association filed a petition for certiorari to the U.S. Supreme Court in the case of NRA v. Chicago. The NRA strongly disagrees with yesterday's decision issued by a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, holding that the Second Amendment does not apply to state and local governments
Heller involved federal (D.C.) legislation. The issue of incorpoaration was therefore not before the Court, and if they had said anything about incorporation it would not have been pure dictum, and therefore would not have been binding on any lower Court (and would also not have been binding precedent for later SCOTUS decisions). The Court can only decide the case before it.
If you are going to reply to any of my posts from here on out please respond to the post in its entirety. I laid a perfectly reasoned idea in the post you chose to respod to.
I will repost in a simpler form based on your arguments, my arguments, and others arguments.
1. You are advocating states rights.
2. Just about everyone else, my self included, are arguing for the rights of the individual.
3. How you go from us arguing individual rights to us being advocates of a centralized government is beyond reason.
Good day.
States have their own Constitutions, ignorant one.
I didn't even mention "states rights." As usual, you begin your arguments premised on a falsehood of your own creation.
In our system of federalism, states are subject to numerous explicitly stated restrictions. I'm simply contesting your invented ones.
I guess you'd next argue that "home rule" provisions like Denvers are just fine and dandy as well.
Or will you next go back to arguing that the FedGov, despite the Second Amendment, is well within it's powers to regulate RKBA via the BATFE due to the commerce clause.
That's another one of your little dodges.
The Bill of Rights was a minimal list of our Basic Rights that were to be protected as US Citizens. Period. You've been told this time and again and yet you persist in backing up every Brady Bunch excuse for sidestepping it.
This is why no one invites you to parties.
Then at best I can figure that you are all over the board and not knowing what it is that you are arguing. Your basis has changed repeatedly or had a misinterpretation of stated quotes. Once again, I say good day. Expect no more response from me.
Such as California. Yet in California, as in other states, no gun law has ever been struck down on Second Amendment grounds. But Mayor Feinstein's handgun ban in San Francisco county was stuck down in state court on preemption grounds.
No, but you've lied consistently.
This is a pointless proposition. I will no longer argue with someone who is so apt at ignoring what has been stated and especially when a logical reasoning has been made.
When you leave, go look in the mirror.
Also, California wasn't a State until after your little theory of judicial "incorporation" was already in place. And yet, it wasn't until fairly recently that California became an anti-gun Meccha.
Looking at the debates for California's inclusion in the US, Rights listed in the BoR weren't included as it was felt that unless the State had something different to say... then they didn't need to include it.
Has been. The Supreme Court held that the grand jury right isn’t incorporated. The bottom line is that incorporation is a doctrine that, for better or for worse, must be dealt with. Arguments otherwise are nothing more than a waste of breath.
Yep. That has been noted before as well. Eventually, you just have to give him the last word and walk away.
Eh, I’ve already allowed him his last word. He will get no more response from me.
Put away the Thunderbird. I oppose your incorporation doctrine.
You’ll just make do with behind the back ankle biting. I know the type.
Sorry Roscoe... I can't help you with these mental problems if you don't want to get well.
It never applied, even before your beloved incorporation doctrine was invented out of thin air.
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