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Sotomayor reasserts 2nd Amendment does not apply to the states
Fox News Channel | 7/14/09

Posted on 07/14/2009 7:06:47 AM PDT by pabianice

Mentioned "hunting" and "target practice" as legitimate uses for a gun, as long as the state decides you can have one. Not one word on self-defense.


TOPICS: Breaking News; Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: 2ndamendment; banglist; bitter; lping; secondamendment; shallnotbeinfringed; sotomayor
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To: justiceseeker93
You are quoting a decision from 1833. It would be considered by most legal authorities to have no weight today.

Backwards. It has the MOST weight regarding original intent.

Since the passage of the Fourteenth Amendment, it has been common practice for the federal courts to impose against the states the same restrictions that are imposed against the federal government by the Bill of Rights Amendments.

Not the Second Amendment. Not even once.

141 posted on 07/14/2009 9:18:37 AM PDT by Mojave (Don't blame me. I voted for McClintock.)
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To: mrmeyer

Go Christy go. Defeat your crook, Corzine.


142 posted on 07/14/2009 9:19:13 AM PDT by CPT Clay (Pick up your weapon and follow me.)
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To: Shooter 2.5

Oleg Volk.


143 posted on 07/14/2009 9:19:49 AM PDT by Lady Jag (If there were any honest politicians we'd all be rich)
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To: Mojave
What case? No United States Supreme Court decision has ever applied the Second Amendment to the states.

And none has said it doesn't apply, since the 14th Amendment passed. The law of the land that the Supreme Court has been applying for a half century is one of total incorporation of the Bill of Rights. With the Heller decision finding it was an individual right, there is no reasonable constitutional argument that the states can infringe Second Amendment rights. To find that they can would mean that every Bill of Rights provision would be incorporated to the states except the 2nd Amendment (and, possibly, the 3rd). That would be absurd.

144 posted on 07/14/2009 9:20:10 AM PDT by Texas Federalist
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To: Beagle8U

By then it will be too late.


145 posted on 07/14/2009 9:20:53 AM PDT by Danae (Conservative does not equal Republican. Conservative does not compromise.)
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To: Mojave
Backwards. It has the MOST weight regarding original intent.

It has no weight regarding original intent if a subsequent amendment overruled the decision, which the 14th Amendment did. Ignoring constitutional amendments is not originalism. It is activism.

146 posted on 07/14/2009 9:21:58 AM PDT by Texas Federalist
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To: pabianice

That should eliminate her completely.


147 posted on 07/14/2009 9:22:54 AM PDT by dr_who
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To: Shooter 2.5

Welcome your new activist justice, my FRiend.


148 posted on 07/14/2009 9:26:15 AM PDT by a fool in paradise (There is no truth in the Pravda Media.)
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To: Texas Federalist
And none has said it doesn't apply, since the 14th Amendment passed.

False.

"The second amendment declares that it shall not be infringed, but this, as has been seen, means no more than that it shall not be infringed by congress." --U.S. Supreme Court, PRESSER v. STATE OF ILLINOIS, 116 U.S. 252 (1886)
Please don't invent your "facts."
149 posted on 07/14/2009 9:27:32 AM PDT by Mojave (Don't blame me. I voted for McClintock.)
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To: a fool in paradise

That’s correct because 76 million gunowners sitting on the sidelines will accept it.


150 posted on 07/14/2009 9:28:07 AM PDT by Shooter 2.5 (NRA /Patron - TSRA- IDPA)
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To: Texas Federalist
-- The law of the land that the Supreme Court has been applying for a half century is one of total incorporation of the Bill of Rights. --

That's not true. See 7th amendment, for one. See also "grand jury" portion of the 5th, and "excessive fines" "excessive bail" parts of the 8th.

And then, the 2nd, likewise not incorporated. My point of view is that the RKBA has vitality in all states, regardless of incorporation, and regardless of even the presence of the 2nd amendment.

151 posted on 07/14/2009 9:28:34 AM PDT by Cboldt
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To: Texas Federalist
It has no weight regarding original intent if a subsequent amendment overruled the decision

No subsequent "amendment overruled the decision."

152 posted on 07/14/2009 9:28:37 AM PDT by Mojave (Don't blame me. I voted for McClintock.)
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To: RockyMtnMan
Sounds like she needs to go back to law school, a good one, and focus on constitutional law.

You don't understand. As far as she is concerned, she is the Constitution.

153 posted on 07/14/2009 9:29:52 AM PDT by Hoodat (For the weapons of our warfare are mighty in God for pulling down strongholds.)
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To: Mojave

I see that decision came 3 years after the first one you cited - and 2 years before the 14 Amendment was ratified.

Got something more current?

CA....


154 posted on 07/14/2009 9:34:42 AM PDT by Chances Are (Whew! It seems I've at last found that silly grin!)
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To: Mojave
The second amendment declares that it shall not be infringed, but this, as has been seen, means no more than that it shall not be infringed by congress.

That phrase, taken in isolation, misleads as to how the Presser Court viewed the RKBA.

Same Court (same decision), three paragraphs or so later ...

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 [second amendment] out of view, prohibit the people from keeping and bearing arms ...

And so, even if there is no 2nd amendment, the people still have a RKBA. In other words, the RKBA doesn't come from the 2nd amendment, or depend on the 2nd amendment.

155 posted on 07/14/2009 9:36:59 AM PDT by Cboldt
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To: Shooter 2.5

76 million gun owners, on Bastille Day no less. What a warm feeling.


156 posted on 07/14/2009 9:39:10 AM PDT by CPT Clay (Pick up your weapon and follow me.)
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To: bamahead
My money's on king of spinelessness, Lindsey Graham

Beck yesterday asked, "Does anyone remember when Graham wasn't a worm?"

157 posted on 07/14/2009 9:39:59 AM PDT by kitchen (One battle rifle for each person, and a spare for each pair.)
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To: Sailor Moon

Wasn’t it written for We the People?

It guaranteed citizens of the United States the right to bear arms. The states be damned... I don’t believe the original states saw it that way, or cared. Gun rights were a given in those days. No gun, no food for many people...

If this woman doesn’t understand the Bill of Rights and our Amendments, no wonder her rulings get overturned at the rate they do.


158 posted on 07/14/2009 9:40:13 AM PDT by DoughtyOne (_Resident of the United States and Kenya's favorite son, Baraaaack Hussein Obamaaaa...)
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To: Chances Are
I see that decision came 3 years after the first one you cited

Get yourself some glasses. 1886 is 53 years after 1833.

and 2 years before the 14 Amendment was ratified.

The 14th Amendment was adopted on July 9, 1868, 18 years BEFORE 1886.

Maybe you should consider taking a remedial math class too.

159 posted on 07/14/2009 9:41:06 AM PDT by Mojave (Don't blame me. I voted for McClintock.)
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To: Seamus Mc Gillicuddy
"You can bet your sweet ass the Peoples Republic of New Jersey doesn't!"

Got this from a website. I'm surprised, there are three original states with no provision out of the six that don't contain provisions for the right to keep and bear arms.

"Six states do not have constitutional provisions on the right to keep and bear arms: California, Iowa, Maryland, Minnesota, New Jersey, and New York."
160 posted on 07/14/2009 9:51:27 AM PDT by Old Teufel Hunden
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