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 Supreme Court grants cert in the Chicago gun ban case. 
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 Post subject: Re: Supreme Court grants cert in the Chicago gun ban case.
PostPosted: Wed Sep 30, 2009 11:43 pm 
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Do you think she really cares what the country thinks of her now that she's in office? Do you think she'd anger Obama?



PocketProtector642 wrote:
To add to usmarine0352's list of questions above,

Do you think that Sotomayer will use this as an oppritunity to be an activist (as her past has proven) or will she show the country that she can judge fairly to prove that she was a good choice?


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 Post subject: Re: Supreme Court grants cert in the Chicago gun ban case.
PostPosted: Thu Oct 01, 2009 8:54 am 
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If the court rules for incorporation, what are the chances they will specifically define what are allowable restrictions or will they state all restrictions are unconstitutional? If not the latter, it seems we will then be locked into numerous state hearings on the constitutionality of each law Minnesota has.


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 Post subject: Re: Supreme Court grants cert in the Chicago gun ban case.
PostPosted: Thu Oct 01, 2009 4:22 pm 
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Chunkychuck wrote:
If the court rules for incorporation, what are the chances they will specifically define what are allowable restrictions or will they state all restrictions are unconstitutional? If not the latter, it seems we will then be locked into numerous state hearings on the constitutionality of each law Minnesota has.


That was my many issue with Heller, they seemed to dance around that exactly issue. In his opinion, Scalia wrote that outright bans were wrong but cities were allowed some reasonable regulation. But that term was never defined...probably intentionally.

The central focus of McDonald is the incorporation issue so that WILL be addressed. It's probably up to Roberts if he wants to expand the scope.

Remember they have two other cases which essentially address the same issue waiting in the wings. They could just tackle the incorporation issue and then leave it at that in the hopes that the lower courts can figure out what reasonable means.

Which in reality means we'll be right back here in two years.

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 Post subject: Licensing and Registration?
PostPosted: Thu Oct 01, 2009 5:58 pm 
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.


Will a positive decision from SCOTUS on Incorporation in the McDonald vs. Chicago case affect the Licensing and Registration of firearms, or is that an entirely separate case?




If not, are there any cases currently that are arguing against Licensing and Registration?


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 Post subject: Re: Licensing and Registration?
PostPosted: Thu Oct 01, 2009 8:46 pm 
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usmarine0352 wrote:
Will a positive decision from SCOTUS on Incorporation in the McDonald vs. Chicago case affect the Licensing and Registration of firearms, or is that an entirely separate case?

If not, are there any cases currently that are arguing against Licensing and Registration?


I would guess that falls into the "what is reasonable regulation" question.

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 Post subject: Re: Supreme Court grants cert in the Chicago gun ban case.
PostPosted: Fri Oct 02, 2009 12:29 pm 
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I don't think the Chicago case has anything to do with licencing and registration, just incorporation. Correct me if I'm wrong, though!


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 Post subject: Re: Supreme Court grants cert in the Chicago gun ban case.
PostPosted: Fri Oct 02, 2009 12:35 pm 
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Ah yes, here's a little piece of tripe written about this very case:

http://blog.newsweek.com/blogs/thegaggl ... tions.aspx

Since when is applying the Constitution properly being activist?

These two fools are still arguing for the collective right version of the 2A, which has not only been shot down by the SCOTUS, but holds no water because of the language in English common law, contemporary 18th century writings, etc. The fact that they are still trying to argue this is amazing.

The militia consists of the people, and the right of the people to keep and bear arms shall not be violated so the people can oppose the government and foreign invaders, etc. Finally, since the Bill of Rights are all individual rights, and every mention of "the people" in Amendments 1 and 3-10 are universally agreed to mean individuals, why wouldn't the 2nd amendment use of "the people" mean the same thing?


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 Post subject: Re: Supreme Court grants cert in the Chicago gun ban case.
PostPosted: Fri Oct 02, 2009 5:18 pm 
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Your first mistake was reading anything written for Newsweek.

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 Post subject: Re: Supreme Court grants cert in the Chicago gun ban case.
PostPosted: Fri Oct 02, 2009 6:58 pm 
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Baby steps. One step at a time. The lawyers guiding this series of cases (who are not from the NRA) know what they are doing.

Once again, Dave Hardy and I will be writing an amicus brief in the Supreme Court case.

To contribute to the expenses of the project go to this web site (which I'll update later this weekend). http://academicssecondamendment.blogspot.com/. Thank you.

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 Post subject: Re: Supreme Court grants cert in the Chicago gun ban case.
PostPosted: Fri Oct 02, 2009 7:02 pm 
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kimberman wrote:
Baby steps. One step at a time. The lawyers guiding this series of cases (who are not from the NRA) know what they are doing.

Once again, Dave Hardy and I will be writing an amicus brief in the Supreme Court case.

To contribute to the expenses of the project go to this web site (which I'll update later this weekend). http://academicssecondamendment.blogspot.com/. Thank you.


I'm more and more disappointed in the NRA. They should be leading stuff like this....instead they seem to fall into a support role.

Thankfully we have people like kimberman.

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 Post subject: Re: Supreme Court grants cert in the Chicago gun ban case.
PostPosted: Mon Oct 05, 2009 9:19 am 
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kimberman wrote:
Baby steps. One step at a time. The lawyers guiding this series of cases (who are not from the NRA) know what they are doing.

Once again, Dave Hardy and I will be writing an amicus brief in the Supreme Court case.

To contribute to the expenses of the project go to this web site (which I'll update later this weekend). http://academicssecondamendment.blogspot.com/. Thank you.


Just a point of information here, and a thank you-

Kimberman has been doing this a LONG time. Trust him when he tells us they know what they're doing. Essentially, we're fighting a war to save our gun rights. It takes time, and has to be done incrementally- Heller put the Federal government on notice it has to respect 2A rights, and this is the next step, extending it to the states. Then (sometime in the future) we get to the registration issue.

Thanks for all the hard work you've put in for us both here and nationally.

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 Post subject: Re: Supreme Court grants cert in the Chicago gun ban case.
PostPosted: Mon Oct 05, 2009 11:14 am 
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In Heller, the 2A was declared an INDIVIDUAL RIGHT, rather than just a restriction on the power of Congress. In the Chicago case, the facts are essentially the same, except that State's Rights are involved; ie the right of the State of Illinois to prohibit handguns, as opposed to Congress power to prohibit handguns. (Illinois acts by it's subdivision, the City of Chicago, the federal government acted through the District of Columbia, controlled by the federal government)

Remember that incorporation generally is an abrogation of state's rights, and that conservatives generally SUPPORT state's rights; hopefully, not his time. :wink: Have fun being a part time liberal. :P

It would seem to be absurd to have an individual constituional right against the federal government banning handguns, but let States abrogate this individual right.

As Kimberman said, baby steps.

If we win this one, then "reasonable regulation" (probably licensing and registration) will be at issue. IMHO.


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 Post subject: Re: Supreme Court grants cert in the Chicago gun ban case.
PostPosted: Mon Oct 05, 2009 12:54 pm 
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Dick Unger wrote:
If we win this one, then "reasonable regulation" (probably licensing and registration) will be at issue. IMHO.


Thanks to the "conservative" Bush appointed Chief Justice John Roberts.

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 Post subject: Re: Supreme Court grants cert in the Chicago gun ban case.
PostPosted: Mon Oct 05, 2009 1:21 pm 
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"Remember that incorporation generally is an abrogation of state's rights, and that conservatives generally SUPPORT state's rights; hopefully, not his time. :wink: Have fun being a part time liberal."

Just to have a constitutional discussion. How can the argument be made that incorporation is an abrogation of state's rights when the states, at least 3/4 of them did in approving the 14th Amendment, agreed this further defining of the rights of the citizens to be correct? Abrogation, no; strict constructionist, yes! Sounds conservative to me. :D


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 Post subject: Re: Supreme Court grants cert in the Chicago gun ban case.
PostPosted: Mon Oct 05, 2009 9:11 pm 
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kimberman wrote:
Baby steps. One step at a time. The lawyers guiding this series of cases (who are not from the NRA) know what they are doing.

Once again, Dave Hardy and I will be writing an amicus brief in the Supreme Court case.

To contribute to the expenses of the project go to this web site (which I'll update later this weekend). http://academicssecondamendment.blogspot.com/. Thank you.


So, here's what I learned on the forums tonight:

1. How much I am grateful for the work of Messrs. Olson & Hardy, A2A, and many people like them.

2. How I need to personally thank Messrs Olson and Hardy FTF some day. For now, THANK YOU for your work!

3. How I must contribute (happily, I might add) to their continued work to protect my rights, and the rights of those that will never know what they do.

4. That while Professor Olson is, I'm sure, quite busy, couldn't he get some flunky TA to update his blog?


Thanks Joe & Dave & A2A.


MM


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