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Peakoil.com :: View topic - THE US Judicial System Thread (merged)
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THE US Judicial System Thread (merged)
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SILENTTODD
Intermediate Crude
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Joined: May 06, 2006
Posts: 873
Location: Tustin, CA

PostPosted: Thu Jun 26, 2008 1:22 am    Post subject: Re: The Supreme Court, Peak Oil, Your Right to Bear Arms Add User to Ignore List Reply with quote

AlexdeLarge wrote:
SILENTTODD wrote:
Doesn't really matter one way or the other to me.


Hmmmmm...........which other right do you want to relinquish between now and TEOTWAWKI?

Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Amendment II
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

Amendment III
No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Amendment VII
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.


You misunderstand me AlexdeLarge. I truly believe the 2nd Amendment guarantees all the others. If you find yourself with a government that wants to change your status from 'Citizen' to 'subject'; it is time as our founding fathers observed to rebel against such a government. How else to you do that than with an armed Citizenry?
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Homesteader
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Joined: Apr 12, 2007
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Location: Central NC

PostPosted: Thu Jun 26, 2008 5:43 am    Post subject: Re: The Supreme Court, Peak Oil, Your Right to Bear Arms Add User to Ignore List Reply with quote

Jotapay wrote:
smallpoxgirl wrote:
Only reason I see they would ever even consider taking the case is to establish once and for all in a citable precedent that the 2nd amendment is null and void. It's probably a preparatory move for some huge new gun grab by President Obama.


Being the person who I am, I would think this true. However, if you heard the questioning when the SCOTUS heard the case (in March, February or whenever it was), Kennedy (a liberal/moderate) was vigorously questioning the validity of the DC handgun ban out of the gate. Scalia and Roberts were also pressing the issue vehemently. Judging by their tone at the outset, I would be extremely surprised if a majority were to chip away at the Second Amendment any further.


Now that you mention it I read something to that effect some months ago on another site. Gives me a little hope.
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Jotapay
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Joined: Jun 21, 2008
Posts: 673

PostPosted: Thu Jun 26, 2008 8:16 am    Post subject: Re: THE US Judicial System Thread Add User to Ignore List Reply with quote

The SCOTUS affirmed the second amendment as an individual right and struck down the DC gun ban. 5-4 decision. I'll post the link to the majority opinion when it's available. It was written by Scalia, of course.

Here is the opinion. After a quick scan, I believe that it is about as good as we could have hoped for.
http://www.scotuswiki.com/index.php?title=DC_v._Heller
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AlexdeLarge
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Joined: May 20, 2008
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PostPosted: Thu Jun 26, 2008 8:50 am    Post subject: Re: THE US Judicial System Thread Add User to Ignore List Reply with quote

Yep....a 5-4 Split. The next President will have the ablility to change the court. Your vote will matter.

Change?? You Better Believe It !!!

At first I thought this was satire...
POSTED BY DAVID HARDY • 7 JUNE 2008 09:16 PM
http://armsandthelaw.com/archives/2008/06/at_first_i_thou.php



FACT: Barack Obama voted to allow reckless lawsuits designed to bankrupt
the firearms industry.
FACT: Barack Obama wants to re-impose the failed and discredited Clinton
Gun Ban.
FACT: Barack Obama voted to ban almost all rifle ammunition commonly
used for hunting and sport shooting.
FACT: Barack Obama has endorsed a complete ban on handgun ownership.
FACT: Barack Obama supports local gun bans in Chicago, Washington, D.C.,
and other cities.
FACT: Barack Obama voted to uphold local gun bans and the criminal
prosecution of people who use firearms in self-defense.
FACT: Barack Obama supports requiring law-abiding gun owners to register
their firearms.
FACT: Barack Obama refused to sign a friend-of-the-court brief in
support of individual Second Amendment rights in the Heller case.
FACT: Barack Obama wants to eliminate your Right to Carry.
FACT: Barack Obama was a member of the Board of Directors of the Joyce
Foundation, the leading source of funds for anti-gun organizations and
"research."
FACT: Barack Obama supported a proposal to ban gun stores within 5 miles
of a school or park, which would eliminate almost every gun store in
America.
FACT: Barack Obama voted not to notify gun owners when the state of
Illinois did records searches on them.
FACT: Barack Obama voted against a measure to lower the Firearms Owners
Identification card age minimum from 21 to 18, a measure designed to
assist young people in the military.
FACT: Barack Obama favors a ban on standard capacity magazines.
FACT: Barack Obama supports mandatory micro-stamping.
FACT: Barack Obama supports mandatory waiting periods.
FACT: Barack Obama supports repeal of the Tiahrt Amendment, which
prohibits information on gun traces collected by the BATFE from being
used in reckless lawsuits against firearm dealers and manufacturers.
FACT: Barack Obama supports "one-gun-a-month" sales restrictions.
FACT: Barack Obama supports a ban on inexpensive handguns.
FACT: Barack Obama supports a ban on the resale of police issued
firearms, even if the money is going to police departments for
replacement equipment.
FACT: Barack Obama supports mandatory firearm training requirements for
all gun owners and a ban on gun ownership for persons under the age of 21.
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snax
Tar Sands
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Joined: Jan 20, 2007
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PostPosted: Fri Jun 27, 2008 7:43 am    Post subject: Re: THE US Judicial System Thread Add User to Ignore List Reply with quote

There's another name for spin, it's called BS.

I don't have time to go through the entire list, but here's the orginal article from the NRA. I suggest that anybody taking any stock in the NRA's position read the reference bills as well. It's very telling who is 'spinning' what, and it's not Barack Obama.

Starting with the first so called 'FACT', the untwisted reality is that Obama, among many others, voted against limiting liability for the gun manufacturers. Wow, that is just so horrible that he decided not to provide special priveleges to gun manufacturers when every other commercial industry also has - or at least had until this week - no limits in liability legislated into law! GASP! Gun manufacturers aren't better than everyone else!!!

Cripes, hanging a FOR SALE sign on a bridge still doesn't make it a bridge for sale.
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Tar Sands
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Posts: 75

PostPosted: Fri Jun 27, 2008 7:56 am    Post subject: Re: THE US Judicial System Thread Add User to Ignore List Reply with quote

The NRA website looks even more telling of their BS motives by moving onto the second so called 'FACT'.

From the original Politico.com article that the NRA cites:
Quote:
Both versions of the 1996 questionnaires provide answers his presidential campaign disavows to questions about whether Obama supports capital punishment and state legislation to “ban the manufacture, sale and possession of handguns.”

He responded simply “No” and “Yes,” respectively, to those questions on both questionnaires.

But a fact sheet provided by his campaign flatly denies Obama ever held those views, asserting he “consistently supported the death penalty for certain crimes but backed a moratorium until problems were fixed.” And it points out that as a state senator, he led an effort to reform Illinois’ death penalty laws.


And most importantly:
Quote:
On guns, the fact sheet says he “has consistently supported common-sense gun control, as well as the rights of law-abiding gun owners.”


The NRA lost it's credibility as legitimate organization for gun owners, but is now looking more and more like a corporate shield for the gun industry itself. The first two points on the fact sheet on Obama gives plenty of reason to suggest the rest of it is just as much BS.

I'm a gun owner, and a strong advocate of the 2nd amendment, but will never be a member of the NRA for reasons such as this.
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