Posted on 06/11/2009 1:53:18 PM PDT by anniegetyourgun
When the lefties are replacing a lefty on the Supreme Court with another lefty, the balance is preserved and the downside to the country is somewhat minimized. Sometimes you need to pick your battles. If Obama were filling Scalia's seat for example, this would be a Battle Royale. I figured that the Republicans can't stop this nominee anyway, unless something big and nasty was unearthed. Methinks this is it.
Though she says she supports Heller's holding that the 2nd Amendment prevents the Federal Government from banning guns, still undecided is the issue of whether that holding also applies to state bans. The Supreme Court has, over the years, decided that each Amendment in the Bill of Rights does indeed also apply to the states. It is crucial that Heller be read the same way. In a rare moment of candor from a SCOTUS nominee, Sotomayor seems to have tipped her hand: No dice.
(Excerpt) Read more at examiner.com ...
This gal must have miised that day in ConLaw when they talked about the 14th Amendment Incorporation Doctrine. It made the Bill of Rights specifically applicable to the states. She is a dolt and will get this seat only because of affirmative action, not because she is qualified.
Technically the states are not allowed to ursurp the Con. The fact that SotovoteforObo figures that states have the right to violate the US Constitution is indicative of the decline of the US Constitution when liberal activist judges are allowed to rule against things they have no jurisdiction over, aka the US Constitution.
Sotostuckonstupid, in her former position, is already a proven disaster before she even gets to the SCOTUS, for she herself has already proven that she will deminish the authority of the office she now seeks, the highest of the Third Branch, to advance her liberal agenda.
I can only hope that either the full truth be told and Sotodelolaraza will be exposed for the radical racist she is.
But as I’ve said, she’ll get the nod, and in the end I either must accept that since I’m a white male - that there must be something wrong with me. I’ts either that or be labled by libtarded standards as being racist.
I can’t win. I guess that’s the point.
AMAZING the repercussions THIS sort of decision would have. Chaos being first and foremost as the states fall all over themselves seceding from the Union.
The RKBA exists independently from the 2nd amendment. SCOTUS said so in Presser v Illinois, 116 U.S. 252 (1886), a case about whether or not the 2nd amendment reiterates or embodies a right to conduct a parade without a parade permit. Presser said that if a parade was conducted with guns, then the 2nd amendment provides a right to parade without a permit.
It is undoubtedly true that all citizens capable of bearing arms constitute the reserved military force or reserve militia of the United States as well as of the states, and, in view of this prerogative of the general government, as well as of its general powers, the states cannot, even laying the [2nd amendment] out of view, prohibit the people from keeping and bearing arms ...
But check out what Sotomayor (and literally - LITERALLY) all of the federal court judges say the Presser (parade permit) case stands for. 2nd Circuit, in Bach v Pataki:
Presser stands for the proposition that the right of the people to keep and bear arms, whatever else its nature, is a right only against the federal government, not against the states.cert. denied, 546 U.S. 1174 (2006).
Kind of like how Scalia, in Heller, said the Miller case supports the constitutionality of the 1934 NFA (for want of a factual finding (short barrel shotgun is useful for defense) the Miller case would have found the 1934 NFA to be unconstitutional), but that's a whole 'nother story.
Using her logic, the states could also pass laws or amendments allowing slavery. How do you think that would go over with this White House? And, why isn't a reporter smart enough to ask Mr. Obama about his nominee's ludicrous decision?
She obviously cannot read plain English, to wit, “shall not be infringed.” With so many millions of citizens having a clear understanding of the term, there has to be a disconnect. ESL, eh? Ain’t diversity great?
Can this be true? Haven’t Hutchison and Cornyn already endorsed her?
Now that’s an interesting post.
Unbelievable!
And of course that should also apply to income taxes as well.
Wonder how she explains the problem that I can own and carry a gun under the 2nd Amendment if I can't in my own state?
Does the 2nd Amendment mean that I can only carry it on federally owned land?
Hmmm. What was that row about the National Parks and guns?
So even if she goes the lib route that it applies only to the state militia, how do you own a weapon so as to be “militia” if your state will not allow it?
Like so many of Obummer, the Marxist's, appointees she is nothing more than another liberal.
It will happen before the end of Odinga's administration.
Sotomayer supports Presser, Cruikshank, and Slaughterhouse line of cases. That means I need to call up Levin and Stabenow and make my case against her that will fall on deaf ears.
When this insanity comes to fruit, she may be finding that the socialist model of government is not to her liking. Falling out of favor as a Czar is not a new job, but an execution.
Personally I like the American model, rule of law. This Socialistic dictator ship they are setting up will be their own destruction. Stalin did not call them “useful idiots” because he intended to keep them in power.
They are disposable to the ruthless...
Just saw on the FR Texas state ticker that the city of Kerrville has passed a city ordinance banning the discharge of any firearms in that city.
BTTT
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