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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: pabianice
In a word,
Dred Scott.

Check and Checkmate Ms. Sotomayer.

Although the Supreme Court had never construed the second
amendment prior to the Dred Scott[69] decision in 1857,
judicial opinion stressed the need for an armed populace to
counter the threat of tyranny, whether its source was
foreign or domestic. Chief Justice Story stressed the
significance of the second amendment in these words:(p.12)



The militia is the natural defense of a free country
against sudden foreign invasions, domestic insurrections,
and domestic usurpations of power by rulers. It is against
sound policy for a free people to keep up large military
establishments and standing armies in time of peace, both
from the enormous expenses, with which they are attended,
and the facile means, which they afford to ambitious and
unprincipled rulers, to subvert the government, or trample
upon the rights of the people. The right of the citizens to
keep and bear arms has justly been considered, as the
palladium of the liberties of the republic; since it offers
a strong moral check against usurpation and arbitrary power
of rulers; and will generally, even if these are successful
in the first instance, enable the people to resist and
triumph over them.[70]

261 posted on 07/14/2009 6:54:02 PM PDT by DaveTesla (You can fool some of the people some of the time......)
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To: HiramQuick
I wish more and more people would get more oversensitive, rather than waiting to see what comes down. The dems always place their bets that people generally will wait to see what others do, rather than get in faces and take names.

It is high time we turned up the activist heat.

262 posted on 07/14/2009 6:55:20 PM PDT by going hot (Happiness is a Momma Deuce)
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To: NoObamaFightForConservatives

Uh who did Watts support in the election. I heard him on radio prior to election and he was sounding very supportive of Obama :(


263 posted on 07/14/2009 7:12:32 PM PDT by Freedom56v2 ("If you think healthcare is expensive now, just wait till it is free! "~ PJ O'Rourke)
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To: pabianice

as long as the state decides you can have one.


I guess the same argument could be made that the state decides whether speech is free or not.


264 posted on 07/14/2009 7:21:34 PM PDT by Joan Kerrey
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To: coloradan

Sounds like she is exactly what 53 million + Americans are looking for in a Marx-like judiciary.


265 posted on 07/14/2009 7:50:33 PM PDT by Theodore R.
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To: NoObamaFightForConservatives

I think I read Watts has left the GOP or is considering doing so. His father, J.C., Sr., is staunchly Democrat.


266 posted on 07/14/2009 7:51:31 PM PDT by Theodore R.
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To: TheDailyChange

I never understood the richness of experience of a Latina female. If we’re going to be “racist” and stereotypical, the typical Latina female is a baby mama at a young age, works in a lower level job, and didn’t go to Princeton, and didn’t become a federal judge, and doesn’t get nominated to the Supreme Court. She is anything but typical of most “Latinas” with their rich experiences.


267 posted on 07/14/2009 7:53:10 PM PDT by Dilbert San Diego
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To: pabianice

By her reasserting the position that the Second Amendment does not apply to the States, Sotomayer just made sure of another million guns sold to conservatives trapped in Blue States.


268 posted on 07/14/2009 8:34:41 PM PDT by Aroostook25
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To: Redbob
CONTEXT??? There's a confirmation hearing going on for Justice of the Supreme Court of the United States...

Really? No frickin' kidding. When and where did Sotomayor make the comments about her stance on the 2nd Amendment? The original poster put up a comment without any explanation as to which ruling or comment Sotomayor made about an individual's right to bear arms....

269 posted on 07/14/2009 8:37:55 PM PDT by freebilly
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To: johnr2k1
This is the only context that is important: ‘Congress shall make no law...’, but if it is explicitly outlined in the constitution, the states must oblige.

Of course, but the question is when did Sotomayor say she's against the right of an individual to bear arms? Not trying to be argumentative, here, just like a corroboration of the poster's comment....

270 posted on 07/14/2009 8:41:41 PM PDT by freebilly
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To: freebilly

July 14, 2009

Sotomayor says she recognizes individual right to bear arms
Posted: 11:47 AM ET

WASHINGTON (CNN) — Judge Sonia Sotomayor said Tuesday that she recognizes an individual right to bear arms as recently identified by the U.S. Supreme Court.

http://politicalticker.blogs.cnn.com/2009/07/14/sotomayor-says-she-recognizes-individual-right-to-bear-arms-2/


271 posted on 07/14/2009 8:44:58 PM PDT by Mojave (Don't blame me. I voted for McClintock.)
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To: RockyMtnMan

Almost all law schools teach the anti-second amendment crap she’s spewing.


272 posted on 07/14/2009 8:45:31 PM PDT by behzinlea
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To: DaveTesla

When each State joined the Union, did they not agree to incorporate the Bill of Rights into their State Constitutions at that point in time? Even the original 13 states voted on ratifying the Bill of Rights—the Second Amendment was ratified by the States in December, 1791.

How does a State that agrees to join the Union get to pick and choose which parts of the Constitution do not apply to them?


273 posted on 07/14/2009 8:45:37 PM PDT by exit82 (Sarah Palin is President No. 45. Get behind her, GOP, or get out of the way.)
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To: exit82
When each State joined the Union, did they not agree to incorporate the Bill of Rights into their State Constitutions at that point in time?

In a word, no. The Incorporation Doctrine developed out of the 14th Amendment, post Civil War.

In the very beginning the Bill of Rights was a check on federal power only. However, each state had its own version of the Bill of Rights in its constitution to safeguard the citizens from the predations of state government. Still, there was a fair amount of variation among the states regarding civil rights.

274 posted on 07/14/2009 8:51:48 PM PDT by behzinlea
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To: pabianice
I'm not so sure if I would disagree w/ her on this one. The Founding Fathers didn't intend for the Bill of Rights to apply to the states, did they? I thought it was written to limit the powers of Congress & the feds.

Besides, even tho I haven't read the Constitutions of all of the 50 states, I think it's safe to say they their own state constitutions make it very clear that our right to bear arms is sacrosanct -- & many of them are probably even stricter that the US Constitution when it comes to prohibiting the state governments from infringing on those rights.

I say let's take a look @ how she spins this issue.

275 posted on 07/14/2009 9:07:09 PM PDT by ChrisInAR (The Tenth Amendment is still the Supreme Law of the Land, folks -- start enforcing it for a CHANGE!)
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To: exit82
How does a State that agrees to join the Union get to pick and choose which parts of the Constitution do not apply to them?

You know the answer to that.
They cant.

But they sure as hell will if they think they can get away with it.

We must speak up.

This is why I brought up Dred Scott.
The only way to claim the state can deny it's citizens equal
protection under the 14th amendment is to claim we are not
citizens of the United States.


276 posted on 07/14/2009 9:08:44 PM PDT by DaveTesla (You can fool some of the people some of the time......)
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To: Mojave

Thanks. Her comment today seems at odds with comments and rulings she’s made in the past. If she’d been a judge on the Supreme Court and had ruled on the constitutionality of D.C.’s gun ban I have to believe she would have sided with the minority....


277 posted on 07/14/2009 9:17:26 PM PDT by freebilly
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To: ChrisInAR
"The Founding Fathers didn't intend for the Bill of Rights to apply to the states, did they?"

Federalist, anti-Federalist
Irregardless. Ever heard of Dred Scott?

It is where the 14th amendment came from.

Section 1.
All persons born or naturalized in the United States, and
subject to the jurisdiction thereof, are citizens of the
United States and of the State wherein they reside. No
State shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States
;
nor shall any State deprive any person of life, liberty, or
property, without due process of law; nor deny to any
person within its jurisdiction the equal protection of the
laws.

Hence fourth
From the Second:
The right of the people to keep and bear arms shall not be infringed.

When a State makes or enforces a law prohibiting the "Right
to Bear Arms" they are violating the 14th amendment.

Either that or it is a return of the days of Dred Scott.
(Not a good place to go Ms. Sotomayor).

And yes I do equate removing the 2nd and 14th with slavery.

278 posted on 07/14/2009 9:28:15 PM PDT by DaveTesla (You can fool some of the people some of the time......)
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To: ChrisInAR
From the 10th.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

From the Second:
The right of the people to keep and bear arms shall not be infringed.
A power delegated to the United States by the Constitution,
specifically the 2nd amendment.

From the 9th:
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

It does not state that the state can deny rights given them
by the constitution.

279 posted on 07/14/2009 9:57:41 PM PDT by DaveTesla (You can fool some of the people some of the time......)
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To: pabianice

The Bill of Rights was not extended to the States by Congress. The Amenders intended it to apply just to the federal government and it was the promise the Federalists had made to the Anti-Federalists in order to secure the ratification of the Constitution.

Its principle stated intention, because of widespread fear of an armed federal government, was to protect the states’s ability to form militias. In order for them to form militias it was necessary to acknowledge the right to bear arms within the people as a whole.

Barron v. Baltimore was the Supreme Court case during the Marshall Court affirming that the intention of the BoR was control of the federal government.

No one, excepting Alexander Hamilton, understood or explained the Constitution better than Marshall.


280 posted on 07/14/2009 10:15:00 PM PDT by arrogantsob
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