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Major Nikon

(36,817 posts)
33. Depends on if you subscribe to Scalia or Souter/Breyer/Ginsburg/Stevens school of thought
Sun Dec 16, 2012, 10:11 AM
Dec 2012
Justice Stevens, with whom Justice Souter, Justice Ginsburg, and Justice Breyer join, dissenting.

Neither the text of the Amendment nor the arguments advanced by its proponents evidenced the slightest interest in limiting any legislature’s authority to regulate private civilian uses of firearms. Specifically, there is no indication that the Framers of the Amendment intended to enshrine the common-law right of self-defense in the Constitution.

...

“To keep and bear Arms”

...

the “right to keep and bear arms” protects only a right to possess and use firearms in connection with service in a state-organized militia.

http://www.law.cornell.edu/supct/html/07-290.ZD.html


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

...

The second independent reason is that the protection the Amendment provides is not absolute. The Amendment permits government to regulate the interests that it serves. Thus, irrespective of what those interests are—whether they do or do not include an independent interest in self-defense—the majority’s view cannot be correct unless it can show that the District’s regulation is unreasonable or inappropriate in Second Amendment terms. This the majority cannot do.

http://www.law.cornell.edu/supct/html/07-290.ZD1.html
You do know the coroner extracted .223 from the victims nadinbrzezinski Dec 2012 #1
yeah and you know backwoodsbob Dec 2012 #2
And your point nadinbrzezinski Dec 2012 #5
Sorry Bob... catnhatnh Dec 2012 #3
Post removed Post removed Dec 2012 #6
Sure Bob... catnhatnh Dec 2012 #8
Post removed Post removed Dec 2012 #15
It tells me all I needed to know. N/T catnhatnh Dec 2012 #16
You killed a dog!? abelenkpe Dec 2012 #13
Just as soon pipoman Dec 2012 #4
Fantasy land bongbong Dec 2012 #9
Until the 1980's and Raygun pipoman Dec 2012 #12
sheesh bongbong Dec 2012 #19
I agree with you. I was a nurse back in that time frame. Mojorabbit Dec 2012 #41
Real change would be legalization of recreational MJ, pipoman Dec 2012 #43
Absolutely correct on blaming Reagan on de-funding mental health services. FSogol Dec 2012 #44
I remember Democrats at the time pipoman Dec 2012 #49
Actually it would be as simple as replacing one of the judges Major Nikon Dec 2012 #11
Go read the Heller pipoman Dec 2012 #17
I did Major Nikon Dec 2012 #21
They just never are.. pipoman Dec 2012 #25
It's not unprecedented Major Nikon Dec 2012 #28
Constitutional interpretation pipoman Dec 2012 #32
Depends on if you subscribe to Scalia or Souter/Breyer/Ginsburg/Stevens school of thought Major Nikon Dec 2012 #33
You've got that right. Former Justice Stevens did all but come right out and say this byeya Dec 2012 #35
Why do all gun fanatics live in a fantasy world? DanTex Dec 2012 #34
The problem is reading comprehension pipoman Dec 2012 #37
Not a bad idea Major Nikon Dec 2012 #7
Both. Although I do think handguns are a bigger threat to public. Hoyt Dec 2012 #10
I'm cool with banning both abelenkpe Dec 2012 #14
What do you have against a 150 year old technology? ProgressiveProfessor Dec 2012 #18
Too much mental illness bongbong Dec 2012 #20
Is there a diagnostic code for that? ProgressiveProfessor Dec 2012 #26
It's being used to kill large numbers of people. MNBrewer Dec 2012 #22
What has changed to cause that to happen now? ProgressiveProfessor Dec 2012 #27
Maybe this is the straw that broke the camel's back MNBrewer Dec 2012 #30
That may well be true ProgressiveProfessor Dec 2012 #31
Mustard gas hasn't changed markedly since WWI MNBrewer Dec 2012 #38
Mustard gas has never been in general use by civilians, though it is easy to make ProgressiveProfessor Dec 2012 #39
You keep coming back to that inane question MNBrewer Dec 2012 #42
Because we don't want to look at the source of the problem. Because ranting about a simplistic Egalitarian Thug Dec 2012 #23
Just some thoughts discntnt_irny_srcsm Dec 2012 #48
Thanks. My real worry is that the outrage of the moment will instigate actions that will destroy Egalitarian Thug Dec 2012 #54
What does the age of the technology have to do with anything? DanTex Dec 2012 #47
Because until recently they were not considered a massive problem ProgressiveProfessor Dec 2012 #50
What has changed in the last 150 years? Is that really your question? DanTex Dec 2012 #51
Well Bob, not to be "too fucking argumentative" catnhatnh Dec 2012 #24
Banning guns isn't going to happen. Democratopia Dec 2012 #29
Most of out Presidents who have been shot have been with a handgun. byeya Dec 2012 #36
Good luck bob Berserker Dec 2012 #40
Having glanced through this thread, Chorophyll Dec 2012 #45
The only thing on Friday the handgun ban maybe would have stopped was the suicide Marrah_G Dec 2012 #46
Assault Rifles Moral Compass Dec 2012 #52
"That's stupid" handguns aren't that scary looking former-republican Dec 2012 #53
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