PDA

View Full Version : Official transcript of Oral Arguments before USSC for Chicago gun ban case are here



Little-Acorn
03-02-2010, 08:07 PM
http://www.supremecourtus.gov/oral_arguments/argument_transcripts/08-1521.pdf

77 pages, single-sided, double-spaced. Enjoy.

Scalia seems to be telling the lawyers to ask the USSC to "incorporate" the 2nd amendment using the "due process" clause of the 14th amendment, rather than the "privileges and immunities" clause... because that would be "easier".

WTF???

Since when do court judges or justices base their decisions on what's "easier"???

Maybe Scalia is trying to tell the guy, "Look, you might lose the case if you insist on the P&I clause, so go with the DP clause instead so we can put these liberal judges to bed on the issue of Incorporation. Get it???"

Maybe.

Kathianne
03-02-2010, 08:18 PM
Some interesting discussions on why due process and not P & I:

http://volokh.com/2010/03/02/a-few-thoughts-on-the-mcdonald-argument/

http://volokh.com/2010/03/02/first-news-report-on-the-mcdonald-argument/

The top was more recent post...

Silver
03-02-2010, 08:43 PM
Bullshit...States cannot ignore the rights given to us by the Constitution of the US....

Gaffer
03-03-2010, 09:55 AM
If they both apply then use both. Where does it say in the Constitution only one amendment at a time can be used?

Little-Acorn
04-13-2010, 12:02 PM
Bullshit...States cannot ignore the rights given to us by the Constitution of the US....

It's actually NOT splitting a hair to point out that the Constitution and BOR do NOT give us any rights. They merely point out some of the rights we already have, and ban governments from restricting or taking them away.