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"The 2nd amendment protects a legitimate individual right" - Barack Obama (Original Post) friendly_iconoclast Jan 2013 OP
He's got to say that. But he's smart enough to know the truth. Loudly Jan 2013 #1
It appears your work is cut out for you- get to it! friendly_iconoclast Jan 2013 #2
Replacing Scalia and Thomas will pretty much solve the problem. n/t Loudly Jan 2013 #5
Well no, as all the other justices agreed that the 2ndA protects an individual right... friendly_iconoclast Jan 2013 #6
Easily reconciled with jurisprudence evolving around manufacture, importation and sale. Loudly Jan 2013 #7
And if the legislative branch disagrees, and has a supermajority? What then? friendly_iconoclast Jan 2013 #8
Then they are free to amend the Constitution. Which is a hopeless endeavor for either side. Loudly Jan 2013 #9
They would also be free to impeach the President-and they might very well succeed at that endeavor. friendly_iconoclast Jan 2013 #10
Impeach the president for a SCOTUS majority decision hostile to the gun trade? Loudly Jan 2013 #11
Congress can impeach a president for whatever reason they like. friendly_iconoclast Jan 2013 #12
But blaming the President for a Supreme Court interpretation of the 2A? Loudly Jan 2013 #14
why I carry luckyleftyme2 Jan 2013 #15
You are aware that flouting the law is anti-social behavior?. HereSince1628 Jan 2013 #17
There isn't a speck of Constitutional basis in your rant. Loudly Jan 2013 #18
So does the 1st, yet 7400+ Occupiers have been beaten and arrested for expressing it. Fire Walk With Me Jan 2013 #3
Show me *any* politician and I'll show you a hypocrite. friendly_iconoclast Jan 2013 #4
We have to procede carefully. We don't want Scalia flipping out and shooting up the Court chambers Bucky Jan 2013 #13
He ran on that in 2008. I objected to it in 2008. cthulu2016 Jan 2013 #16
 

Loudly

(2,436 posts)
1. He's got to say that. But he's smart enough to know the truth.
Wed Jan 16, 2013, 02:11 PM
Jan 2013

The 2A has as much relevance to modern American life as does the three-fifths compromise.

 

friendly_iconoclast

(15,333 posts)
2. It appears your work is cut out for you- get to it!
Wed Jan 16, 2013, 02:16 PM
Jan 2013

Section V of the Constitution awaits your attention.

 

friendly_iconoclast

(15,333 posts)
6. Well no, as all the other justices agreed that the 2ndA protects an individual right...
Wed Jan 16, 2013, 02:55 PM
Jan 2013
http://www.law.cornell.edu/supct/html/07-290.ZD.html


Stevens, J., dissenting

SUPREME COURT OF THE UNITED STATES

DISTRICT OF COLUMBIA, et al., PETITIONERS v.
DICK ANTHONY HELLER
on writ of certiorari to the United States Court of Appeals for the District of Columbia circuit
[June 26, 2008]

Justice Stevens, with whom Justice Souter, Justice Ginsburg, and Justice Breyer join, dissenting.

The question presented by this case is not whether the Second Amendment protects a “collective right” or an “individual right.” Surely it protects a right that can be enforced by individuals. But a conclusion that the Second Amendment protects an individual right does not tell us anything about the scope of that right.


There's another little-noticed bit from that dissent which would make your task that much harder.
I hope you appreciate the irony of it:

Even if the textual and historical arguments on both sides of the issue were evenly balanced, respect for the well-settled views of all of our predecessors on this Court, and for the rule of law itself, see Mitchell v. W. T. Grant Co., 416 U. S. 600, 636 (1974) (Stewart, J., dissenting), would prevent most jurists from endorsing such a dramatic upheaval in the law.4 As Justice Cardozo observed years ago, the “labor of judges would be increased almost to the breaking point if every past decision could be reopened in every case, and one could not lay one’s own course of bricks on the secure foundation of the courses laid by others who had gone before him.” The Nature of the Judicial Process 149 (1921).
 

Loudly

(2,436 posts)
7. Easily reconciled with jurisprudence evolving around manufacture, importation and sale.
Wed Jan 16, 2013, 03:00 PM
Jan 2013

Practical access to and abundance of the product is the route most easily taken via the judicial branch, allied with a strong-willed and serious executive.

 

Loudly

(2,436 posts)
9. Then they are free to amend the Constitution. Which is a hopeless endeavor for either side.
Wed Jan 16, 2013, 03:04 PM
Jan 2013

Control of the courts is everything.

 

friendly_iconoclast

(15,333 posts)
10. They would also be free to impeach the President-and they might very well succeed at that endeavor.
Wed Jan 16, 2013, 03:08 PM
Jan 2013

I don't think a Congressional supermajority would bow to the Supremes in any event.

 

Loudly

(2,436 posts)
11. Impeach the president for a SCOTUS majority decision hostile to the gun trade?
Wed Jan 16, 2013, 03:23 PM
Jan 2013

Or impeach him for nominating justices who wrote and/or concurred in such a decision?

 

friendly_iconoclast

(15,333 posts)
12. Congress can impeach a president for whatever reason they like.
Wed Jan 16, 2013, 03:30 PM
Jan 2013

I'd remind you that Bill Clinton got impeached (but not convicted) ostensibly for having sex with an
an intern and lying about it, but in reality because Republicans didn't like him...

 

Loudly

(2,436 posts)
14. But blaming the President for a Supreme Court interpretation of the 2A?
Wed Jan 16, 2013, 03:37 PM
Jan 2013

The cry at the time (1954) was impeach Earl Warren.

luckyleftyme2

(3,880 posts)
15. why I carry
Wed Jan 16, 2013, 03:52 PM
Jan 2013

people like you let druggies have a free ride-you don't turn the kid in who is selling pot in school. well when that kid becomes hooked he roams for cash and will attack and rob anything that looks like it has it. Or he's the bus driver,the crane operator,the train,plane or whatever that has killed so many innocents. I live in a rural state in a small town and always thought it was a big city problem-well it ain't anymore! Let me tell ya ain't no one taking my weapon-and I'm not license to carry it. but I will use it to protect me or any innocent person ! you druggies be aware there is 100's of us in my state just like me! And we don't advertise we carry just to confuse your kind!
so that spiel about 2nd amendment and now is bull! we need it now more than ever!

HereSince1628

(36,063 posts)
17. You are aware that flouting the law is anti-social behavior?.
Wed Jan 16, 2013, 04:01 PM
Jan 2013

Everyone with anti-social behavior has justifications about why their particular brand is ok.

I suppose you are aware that anti-social behavior has a very high association with violence?


 

Loudly

(2,436 posts)
18. There isn't a speck of Constitutional basis in your rant.
Wed Jan 16, 2013, 09:17 PM
Jan 2013

It's all just I Feel Scared And I Want A Gun And Bullets.

At present, it's true that you are benefiting from a political indulgence of your kink.

But it has no merit as a claim of "right."

 

friendly_iconoclast

(15,333 posts)
4. Show me *any* politician and I'll show you a hypocrite.
Wed Jan 16, 2013, 02:26 PM
Jan 2013

They seem to be better at dealing with cognitive dissonance than ordinary folk...

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