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The Ninth Circus uses magical thinking.
1 posted on 06/02/2004 12:44:39 PM PDT by neverdem
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To: *bang_list

BANG


2 posted on 06/02/2004 12:45:26 PM PDT by neverdem (Xin loi min oi)
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To: *bang_list
Click the Gadsden flag for pro-gun resources!
3 posted on 06/02/2004 12:45:49 PM PDT by Joe Brower (The Constitution defines Conservatism.)
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To: neverdem

The 9th circus sucks. Simple as that. Leftist who support socialism and homosexualism. Nothing more.


4 posted on 06/02/2004 12:47:03 PM PDT by RetiredArmy ( I am a Vietnam Vet, thus I am a war criminal according to Flip Kerry.)
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To: neverdem

Very clear and well put! Excellent post!


5 posted on 06/02/2004 12:54:37 PM PDT by GrandEagle
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To: neverdem
The Ninth Circus uses magical thinking.

Not at all. They write what they think will work. They don't care a whit how well supported it might be in law or history. After all, liberals are fascists; to them, this is about using power to get what they want by any means necessary.

6 posted on 06/02/2004 12:56:32 PM PDT by Carry_Okie (The environment is too complex and too important to be managed by central planning.)
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To: neverdem; THEUPMAN

ping and a bump.

We cant expound on this enough.


7 posted on 06/02/2004 12:57:43 PM PDT by CFW
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To: neverdem

Good article. Bump.


8 posted on 06/02/2004 12:59:06 PM PDT by AndyTheBear
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To: neverdem

Is it time to stop playing nice yet?


9 posted on 06/02/2004 12:59:07 PM PDT by Dead Corpse (For an Evil Super Genius, you aren't too bright are you?)
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To: neverdem
I wonder if this writer bothered to read the dissenting opinions in the Silviera case. If so, the words of Judge Alex Kozinski would have told the stark truth of the matter.

I believe Kozinzki actually fled the Ceausescu regime in Romania, so perhaps he values his liberties a bit more than does the average citizen. In any event, Judge Kozinski explained that history could have been vastly different had American slaves or European Jews been able to arm themselves and fight back against the governments that oppressed them.

"The Second Amendment is a doomsday provision, one designed for those exceptionally rare circumstances where all other rights have failed — where the government refuses to stand for re-election and silences those who protest; where courts have lost the courage to oppose, or can find no one to enforce their decrees,” he wrote in his dissent. “However improbable these contingencies may seem today, facing them unprepared is a mistake a free people get to make only once.”

Kozinski also made special note of the interpretive inconsistency of the judges on the Reinhardt panel given their usual proclivity to find individual rights when the Constitution uses the words “people” or “person.” “Had they brought the same generous approach to the Second Amendment that they routinely bring to the First, Fourth and selected portions of the Fifth, they would have had no trouble finding an individual right to bear arms,” he wrote.

You know Judge Reinhardt (the moron who cited Bellesiles' already-discredited book in his ruling, then later deleted that little "oops") must hate Kozinski's guts.

Kozinski's dissent alone serves to show how the 9th Circuit is trying to re-write the meaning of the 2nd Amendment.

10 posted on 06/02/2004 1:01:47 PM PDT by Charles Martel ("Who put the Tribbles in the Quadrotriticale?")
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To: neverdem
Did the 9th Circuit judges abrogate the history of our nation, ignore the grievances that compelled us to separate from England, discard the debates of the Federalists and Anti-federalists, legislate from the bench which is not their responsibility, and thus compel another re-writing of our natural history to justify their decree, relying on the general ignorance of the people to allow their decisions to stand?

Well, yeah.

11 posted on 06/02/2004 1:04:44 PM PDT by Mr. Mojo
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To: neverdem

Add the words - "this time we really mean it."


12 posted on 06/02/2004 1:05:34 PM PDT by RKV (He who has the guns makes the rules.)
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To: neverdem
...one could reasonably ask: Did the 9th Circuit judges abrogate the history of our nation, ignore the grievances that compelled us to separate from England, discard the debates of the Federalists and Anti-federalists, legislate from the bench which is not their responsibility, and thus compel another re-writing of our natural history to justify their decree, relying on the general ignorance of the people to allow their decisions to stand?

Yes, as the 9th often has and will no doubt do again. Next question.

13 posted on 06/02/2004 1:06:56 PM PDT by brbethke
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To: neverdem
Richard Skidmore mis-quotes the Second Amendment...

His version: 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.

The actual version: 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.

The difference, of course, is in the punctuation.

The version Skidmore author uses is much more definitive. Unfortunately, we have to live with the one we have. It makes no sense to use as a basis for argument language that does not exist in the actual Constitution.

By hyphenating well-regulated, Skidmore emphasizes the meaning of regulated that refers to drilling and practice. By eliminating the first comma, Skidmore makes it clear that the militia is what is necessary for state security. And, finally, by eliminating the last comma, the statement that the right of the people shall not be infringed is much more direct and unequivocal.

Unfortunately, this exercise in creative writing exists nowhere in the law, so it is moot.
14 posted on 06/02/2004 1:07:13 PM PDT by bondjamesbond (Stay well - Stay safe - Stay armed - Yorktown)
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To: neverdem; RetiredArmy; GrandEagle; Carry_Okie; Charles Martel; Dead Corpse
The author hit the nail on the head when he asks: "Do the 9th Circuit judges [rely] on the general ignorance of the people to allow their decisions to stand?"

The answer, of course, is a resounding "Yes!" And this is why the Left has targeted our institutions of education indoctrination: if you can control how the majority of people think (or fail to think), then you can control the nation.

America must dis-band the country's largest and most powerful union: the National Education Association (which is affiliated with the Democratic Socialists of America). And I urge all parents to pull their children out of the public "school" system.

15 posted on 06/02/2004 1:10:20 PM PDT by SpyGuy
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To: neverdem

Great article!


16 posted on 06/02/2004 1:14:03 PM PDT by NRA2BFree (I am a nobody, and nobody is perfect; therefore, I am perfect.)
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To: neverdem

Methinks the 9th Circuit isn't grounded properly. Somebody needs to make sure their wiring is up to code.


17 posted on 06/02/2004 1:14:17 PM PDT by TheLurkerX (Libs are creepy & the're kooky,hysterical & spooky,they're altogether loopy, they cause me apoplexy.)
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To: neverdem
Another amendment that was submitted and rejected was one that stated the BOR would also apply to the states.

In the above article, the Ninth Circuit was ruling on a California state law, which is not affected by the second amendment (which only applies to the federal government).

20 posted on 06/02/2004 1:17:22 PM PDT by robertpaulsen
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To: neverdem; PhilDragoo; Ragtime Cowgirl; Cindy; SusanTK; AdmSmith; seamole; Valin; Luis Gonzalez; ...

I wonder how long they would last, if they had to work for
love...instead of money?

23 posted on 06/02/2004 1:27:38 PM PDT by Smartass ( BUSH & CHENEY IN 2004 - Si vis pacem, para bellum - Por el dedo de Dios se escribió.)
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To: neverdem

The Ninth Circuit is the Volksgerichtshof of the Left.


25 posted on 06/02/2004 1:31:35 PM PDT by SAMWolf (Be careful when playing under the anvil tree.)
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To: neverdem; All
Text of the Second Amendment
"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."


Anyone who actually reads AND understands the 2nd Amendment will see that there is no need or authority for any type of gun registration and there is no need for anyone to have to apply for a license to carry a gun.
Any political party, politician, judge (etc), organization or individual who trys to convince you that:
1) you must register a firearm
2) you must pass a background check
3) you must wait (x) amount of days before you can get your firearm
4) you need to have a license to carry a gun
is either uneducated about OUR rights as citizens
OR is actively working to undermine OUR country.

How Did the Founders Understand the Second Amendment?

CONGRESS in 1866, 1941 and 1986 REAFFIRMS THE SECOND AMENDMENT
The Bill of Rights, including the Second Amendment right to keep and bear firearms,
originated in the United States Congress in 1789 before being ratified by the States.
On three occasions since then--in 1866, 1941, and 1986--
Congress enacted statutes to reaffirm this guarantee of personal freedom
and to adopt specific safeguards to enforce it.


ON THE DAY BEFORE Thanksgiving 1993,
the 103d US Congress brought forth a constitutional turkey.
The 103d Congress decided that the Second Amendment did not mean what it said
("...shall not be infringed") and passed the Brady bill.

How the Brady Bill Passed (and subsequently - "Instant Check")
When the Brady Bill was passed into law on November 24, 1993,
the Senate voted on the Conference Report
and passed the Brady Bill by UNANIMOUS CONSENT.



27 posted on 06/02/2004 1:32:39 PM PDT by 68-69TonkinGulfYachtClub (Want better gun control? Try eating more carrotts.)
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