Posted on 02/09/2003 7:35:21 AM PST by nwrep
I doubt it,but they DO have the authority to tell the feds to go urinate up a rope because they will not enforce that law in their state.
I thought they were bound by the state constitution, and that if an appeal were to be made on federal grounds, it would have to go to federal court.
I think you are probably right about this,but nothing prevents them from exercising "judicial nullification".
I sense the hand of the ubiquitous Karl Rove here. Rule nothing out.
It appears that this woman would be a superlative choice for the SC but I would not like to see her, or anyone else, elevated directly to Chief Justice. We have too often watched individuals "grow" after they get to DC, especially in the case of a lifetime appointment.
And you are surprised of this judges decision? Like it or not she had to uphold both fed and state law. It is now President Bushs' decision.
The federal law banning the sale of semi-automatic assault weapons, known as the federal assault weapons ban, was passed as part of the Violent Crime Control and Law Enforcement Act of 1994. President Clinton signed it into law on September 13, 1994.
However, the assault weapons ban will expire ("sunset") in September 2004 unless Congress and President George W. Bush renew it.
California, Connecticut, Hawaii, Maryland, Massachusetts, New Jersey and New York have state assault weapons bans.
1989 California The first assault weapon ban passed in the nation was the Roberti-Roos Assault Weapon Act, which banned the future sale of a specific list of assault weapons in California. This law was upheld as constitutional in federal court against an NRA challenge and the NRA did not appeal to the U.S. Supreme Court. The law also was upheld against several other state and federal legal challenges.
Assault weapons and ammunition clips holding more than 10 rounds produced prior to September 13, 1994, were "grandfathered" in under the law and can still be possessed and sold.
The definition of an assault weapon is tightly drawn. Only semi-automatic guns with multiple assault weapon features are banned.
To alleviate concerns that hunting weapons somehow might be affected, the law provides specific protection to 670 types of hunting rifles and shotguns that are presently being manufactured.
Thomas has the mind for it, but I'm not so sure he has the personality for it. He likes to sit back and listen, and press his intellect to analysis of what is said and the law, rather than to speak up. His rulings are generally quite elegant, but that's a different talent.
Oh, absolutely. The Dims despise a black conservative with ten times the intensity of any other.
The SCOTUS took some 20 years to begin to interpret the 14th in the current manner...so contemporarily, neither did they.
Does the fed law ban of assault weapons cease China or Russia or OBL wackos from importing assault weapons to each other or cease any gun or weapons entry into either of our coasts via COSCO (red China) shipping?- No.
Does either state or fed law assault weapons ban actually put a murdering thug actually in jail without parole for shooting up a family AK-47 style?- Dunno. Is this a stupid fed. law that Clinton passed to make himself look good? Yes.
Now back to this judge... she is tied between this mess under Clinton's guise of a federal law and leftist Ca. I am not going to judge her too harshly as she seems very resolute in all conservative issues.
It was more over whether the law can be made so as a non-legislative body could make additions and alterations to the "law", even with permission from the legislature. Twas a "separation of powers" argument.
Respectfully, that's completely backwards.
For me, that's a heck of an endorsement.
My position all along is that Bush has no higher calling in his Presidency than to nominate someone of equal caliber to Scalia or Thomas, and this jurist doesn't fit the bill. The most prominent question is how could she go along with the rest of the California wackos and rule that the right to keep and bear arms is not an individual right, but only a right granted to state militias? With that legal underpinning, theoretically California or any other state could completely disarm the citizenry (ala the Taliban in Afghanistan).
I'm sorry, but that sort of grossly misconstrued "logic" doesn't sit well at all with me, and if Bush is so stupid as to nominate her, I won't support another thing he does. These nominations mean everything to the future of this country - judges have a far greater impact on the everyday lives of Americans than any politicians. People need to understand this, and hold Bush's feet to the fire to make certain that he doesn't pull another Souter, but more than that, to make certain that the next appointment isn't a wishy-washy conservative, but someone on par with Scalia and Thomas.
The biggest thing I need to know here is if the lawyers for the gun rights side argued the 2nd amendment in their brief. If they didn't, then the judge probably can't use that in the ruling.
Look at post 176 and read the link there. I do like how she referenced Blackstone, Kopel, and Don Kates, and also alluded to government sanctioned murder. It also seems that the gun makers didn't try and fight it on 2nd amendment grounds, but only on 'equal protection', and Brown ruled on that.
I haven't decided on where I stood on this yet. I still need to do more research.
"A bill of rights is what the people are entitled to against every government on earth, general or particular; and what no just government should refuse, or rest on inferences." --Thomas Jefferson to James Madison, 1787. ME 6:388, Papers 12:440 |
Wow! That's a powerful counterpoint to the argument that the Founders had no conception of assault rifles and machine-guns.
To which ruling are you referring? In the one it sounds like you are referring to, she dissented.
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