The Supreme Court is set to make the decision on the DC gun ban tomorrow. I hear Justice Scalia is writing the decision. Unfortunately, it might be a plurality rather than a majority.
The Supreme Court is set to make the decision on the DC gun ban tomorrow. I hear Justice Scalia is writing the decision. Unfortunately, it might be a plurality rather than a majority.
If we were as industrious to become good as to make ourselves great, we should become really great by being good, and the number of valuable men would be much increased; but it is a grand mistake to think of being great without goodness; and i pronounce it as certain that there was never yet a truly great man that was not at the same time truly virtuous." - Ben Franklin
Imagine what good we can do if we all joined together, united as followers of Christ - M. Russell Ballard
If Scalia is writing it that is interesting as he is about as fascist as one could get without donning the black shirt. And DC is sorta out there on their own so that adds a twist.
If Scalia is writing the majority opinion, it's great news.
Liberty is the greatest measure of equality.
Economic Left/Right: 9.38, Social Libertarian/Authoritarian: -2.51
Sola Scriptura | Soli Deo Gloria | Solo Christo | Sola Gratia | Sola Fide
IMO, he is one of, if not the, smartest justice on the bench. to accuse him of fascism is a fackling joke, since when has scalia espoused any fascist views...midcan, that is an outright lie
Fascism is typified by totalitarian attempts to impose state control over all aspects of life: political, social, cultural, and economic, by way of a strong, single-party government for enacting laws and a strong, sometimes brutal militia or police force for enforcing them.[23] Fascism exalts the nation, state, or group of people as superior to the individuals composing it. Fascism uses explicit populist rhetoric; calls for a heroic mass effort to restore past greatness; and demands loyalty to a single leader, leading to a cult of personality and unquestioned obedience to orders (Führerprinzip). Fascism is also considered to be a form of collectivism.[24][25][26]
http://en.wikipedia.org/wiki/Fascism...litarian_state
Before enlightenment - chop wood, carry water. After enlightenment - chop wood, carry water. ~Zen Buddhist Proverb
If we were as industrious to become good as to make ourselves great, we should become really great by being good, and the number of valuable men would be much increased; but it is a grand mistake to think of being great without goodness; and i pronounce it as certain that there was never yet a truly great man that was not at the same time truly virtuous." - Ben Franklin
Imagine what good we can do if we all joined together, united as followers of Christ - M. Russell Ballard
If Antonin "Fat Tony'" Scalia is writing the opinion, it's good news for gun-controllers.
Scalia claims to be a textualist and the text of the Second Amendment clearly supports regulation and a collective, not individual, right to guns. The only way Scalia can "find" an individual right to guns in the Second Amendment is to put it there himself.
Will he and the rest of the RATS (Roberts, Alito, Thomas, Scalia) do it?
Maybe, but they'll give-up completely, totally and finally any claim to be opposed to judicial activism if they do.
Building a better America by hammering the Right.
Seriously, you've got to have reading comprehension issues if you don't see it's obvious that the general population has the right to bear arms. It's not that freaking difficult.
I guess there is no individual right to free speech either despite it being totally freaking obvious there is.
If we were as industrious to become good as to make ourselves great, we should become really great by being good, and the number of valuable men would be much increased; but it is a grand mistake to think of being great without goodness; and i pronounce it as certain that there was never yet a truly great man that was not at the same time truly virtuous." - Ben Franklin
Imagine what good we can do if we all joined together, united as followers of Christ - M. Russell Ballard
Lie? huh, read his opinions sometime. Man is scary for democracy and fascism is not an exact dictionary definition, it is a way of viewing the world. Anyone every wonder why fascism started in Italy?
"Justice Scalia spoke on these matters at the University of Chicago Divinity School in January, beginning with the ritual disclaimer that ''my views on the subject have nothing to do with how I vote in capital cases''; his remarks appeared in the May issue of First Things: The Journal of Religion and Public Life. They are supplemented by his dissent to the court's decision on June 20 that mentally retarded people should not be executed. Justice Scalia's remarks show bitterness against democracy, strong dislike for the Constitution's approach to religion and eager advocacy for the submission of the individual to the state. It is a chilling mixture for an American."
http://query.nytimes.com/gst/fullpag...54C0A9649C8B63
Well Joe hows it feel? 5 of the Justices decided that it is a "INDIVIDUALS" right to own a gun. You may want to try your reading comprehension class again.....
here joe a little enlightenment for you....
The Second Amendment is naturally divided into twoparts: its prefatory clause and its operative clause. The former does not limit the latter grammatically, but rather announces a purpose. The Amendment could be rephrased,
“Because a well regulated Militia is necessary to the security of a free State, the right of the people to keepand bear Arms shall not be infringed.” See J. Tiffany, A Treatise on Government and Constitutional Law §585,
p. 394 (1867); Brief for Professors of Linguistics and English
as Amici Curiae 3 (hereinafter Linguists’ Brief).Although this structure of the Second Amendment is unique in our Constitution, other legal documents of the founding era, particularly individual-rights provisions of state constitutions, commonly included a prefatory statement
of purpose. See generally Volokh
1. Operative Clause.
a.
“Right of the People.” The first salient feature of the operative clause is that it codifies a “right of the people.”
The unamended Constitution and the Bill of Rightsuse the phrase “right of the people” two other times, in theFirst Amendment’s Assembly-and-Petition Clause and inthe Fourth Amendment’s Search-and-Seizure Clause. The Ninth Amendment uses very similar terminology (“The enumeration in the Constitution, of certain rights, shallnot be construed to deny or disparage others retained by the people”). All three of these instances unambiguously refer to individual rights, not “collective” rights, or rightsthat may be exercised only through participation in some corporate body.5
the prefatory clause. As we will describe below, the “militia”
in colonial America consisted of a subset of “the people”—
those who were male, able bodied, and within a certain age range. Reading the Second Amendment asprotecting only the right to “keep and bear Arms” in anorganized militia therefore fits poorly with the operative clause’s description of the holder of that right as “thepeople.”
We start therefore with a strong presumption that theSecond Amendment right is exercised individually andbelongs to all Americans.
b. “Keep and bear Arms.” We move now from the holder of the right—“the people”—to the substance of theright: “to keep and bear Arms.”
Before addressing the verbs “keep” and “bear,” we interpret
their object: “Arms.” The 18th-century meaning is no different from the meaning today. The 1773 edition of Samuel Johnson’s dictionary defined “arms” as “weapons of offence, or armour of defence.” 1 Dictionary of theEnglish Language 107 (4th ed.) (hereinafter Johnson). Timothy Cunningham’s important 1771 legal dictionarydefined “arms” as “any thing that a man wears for hisdefence, or takes into his hands, or useth in wrath to cast at or strike another.” 1 A New and Complete Law Dictionary
(1771); see also N. Webster, American Dictionary of the English Language (1828) (reprinted 1989) (hereinafter
Webster) (similar).
Last edited by Nukeman; 06-26-2008 at 10:41 AM.
Experience is what you get when you don't get what you want." -Dr. Randy Pausch
Death is lighter than a feather, Duty is heavier than a mountain
What do you guys make of the words "well-regulated?" I've seen many claim that the right to bear arms is absolute, but is seems that the words "well-regulated" imply well, "regulations."
Originally Posted by Gaffer
Hag, for detailes of ruling please see the following link.
It is actually very good reading. (a little long but good) I particulary like that they sighted hystorical briefs and summations on all the wording
http://www.supremecourtus.gov/opinions/07pdf/07-290.pdf
Experience is what you get when you don't get what you want." -Dr. Randy Pausch
Death is lighter than a feather, Duty is heavier than a mountain
A huge victory for the gun nuts. Now you can have the best of both worlds.
Does Monkeybone have to choke a bitch?
"Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote!" —Benjamin Franklin, 1759