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NOTE - This is what AP is quoting from the dissent. I have a copy, but
I haven't read the entire thing yet... -- Begin AP quote: In dissent, Justice John Paul Stevens, joined by Souter, Ginsburg, and Breyer, wrote that the majority "would have us believe that over 200 years ago, the Framers made a choice to limit the tools available to elected officials wishing to regulate civilian uses of weapons." He further writes that such evidence "is nowhere to be found." -- End AP quote Even totally discounting the Second itself, apparently Justice Stevens hasn't heard of (particularly) Hamilton, Jefferson, et al...and shows no understanding of what "the Framers" thought with regard to the "Bill of Rights." This could be among the most stunning opinions ever issued...and if I were Obama, I'd keep my mouth absolutely shut unless it was to denounce the dissent from a purely legal standpoint. The Dems oughta get busy thanking some higher power that Stevens was a Ford appointment. Sheesh, R |
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wrote in message
... NOTE - This is what AP is quoting from the dissent. I have a copy, but I haven't read the entire thing yet... -- Begin AP quote: In dissent, Justice John Paul Stevens, joined by Souter, Ginsburg, and Breyer, wrote that the majority "would have us believe that over 200 years ago, the Framers made a choice to limit the tools available to elected officials wishing to regulate civilian uses of weapons." He further writes that such evidence "is nowhere to be found." -- End AP quote . . . This could be among the most stunning opinions ever issued... Non-Americans may need extra details to understand this. It seems to have to do with the First Amendment "right to bear arms" which specifies a "well-regulated militia." Judge Stevens may be muddling together (a) the means of regulating the militia well. I simply do not know whether this means control of the militia by elected politicians (civilians) or by professional soldiers. (b) "civilian uses of weapons:" but a "well-regulated militia" seems not to be "civilian uses of weapons." This is why non-Americans need extra details to understand the case or the ruling. -- Don Phillipson Carlsbad Springs (Ottawa, Canada) |
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On Thu, 26 Jun 2008 18:33:40 -0400, "Don Phillipson"
wrote: wrote in message .. . NOTE - This is what AP is quoting from the dissent. I have a copy, but I haven't read the entire thing yet... -- Begin AP quote: In dissent, Justice John Paul Stevens, joined by Souter, Ginsburg, and Breyer, wrote that the majority "would have us believe that over 200 years ago, the Framers made a choice to limit the tools available to elected officials wishing to regulate civilian uses of weapons." He further writes that such evidence "is nowhere to be found." -- End AP quote . . . This could be among the most stunning opinions ever issued... Non-Americans may need extra details to understand this. It seems to have to do with the First Amendment "right to bear arms" which specifies a "well-regulated militia." Judge Stevens may be muddling together (a) the means of regulating the militia well. I simply do not know whether this means control of the militia by elected politicians (civilians) or by professional soldiers. (b) "civilian uses of weapons:" but a "well-regulated militia" seems not to be "civilian uses of weapons." This is why non-Americans need extra details to understand the case or the ruling. -- Don Phillipson Carlsbad Springs (Ottawa, Canada) Um, Don - a coupla-three things: first (pardon the upcoming pun...), it's the Second, not the First Amendment. Second, when did Canada quit being part of the Americas. And third, I'd offer that most non-US citizens (or those who don't live and/or practice law in the US), this isn't all that significant in and of itself. OTOH, this has the potential to influence the US presidential election, so... IAC, simply put, what is commonly called the US "Bill of Rights" is not really a "bill" of "rights" in that it is not, nor was it ever intended to be, a exhaustive list of the rights of the citizens, it's a list of restrictions upon the Federal government, specifically enumerated but not exhaustive as to either rights retained by the people or restrictions upon the Federal government: "The Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added..." It's also the first 10 Amendments to the US Constitution. If you've seen a copy or picture that has "Bill of Rights" at the top, it isn't a true copy. TC, R |
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"Don Phillipson" wrote in message ... wrote in message ... NOTE - This is what AP is quoting from the dissent. I have a copy, but I haven't read the entire thing yet... -- Begin AP quote: In dissent, Justice John Paul Stevens, joined by Souter, Ginsburg, and Breyer, wrote that the majority "would have us believe that over 200 years ago, the Framers made a choice to limit the tools available to elected officials wishing to regulate civilian uses of weapons." He further writes that such evidence "is nowhere to be found." -- End AP quote . . . This could be among the most stunning opinions ever issued... Non-Americans may need extra details to understand this. It seems to have to do with the First Amendment "right to bear arms" which specifies a "well-regulated militia." Judge Stevens may be muddling together (a) the means of regulating the militia well. I simply do not know whether this means control of the militia by elected politicians (civilians) or by professional soldiers. (b) "civilian uses of weapons:" but a "well-regulated militia" seems not to be "civilian uses of weapons." This is why non-Americans need extra details to understand the case or the ruling. -- Don Phillipson Carlsbad Springs (Ottawa, Canada) |
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On Jun 26, 6:33 pm, "Don Phillipson" wrote:
........ Non-Americans may need extra details to understand this. It seems to have to do with the First Amendment "right to bear arms" which specifies a "well-regulated militia." Judge Stevens may be muddling together (a) the means of regulating the militia well. I simply do not know whether this means control of the militia by elected politicians (civilians) or by professional soldiers. ............. The second amendment is about as clear s the bible and is subject to the same very broad range of interpretations. There are a lot of second amendment experts out there, and whatever your own point of view you're sure to find a batch that support it, and with oodles of historical references to boot. I believe that most people support this ruling, regardless of where they are in the political spectrum, tho mostly for reasons other than whether it satisfies the second amendment. |
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On 30 Jun 2008 12:49:14 GMT, Scott Seidman
wrote: wrote in news:12a7641l7u15d6t8mvr8vvfrsl07gsjh9c@ 4ax.com: NOTE - This is what AP is quoting from the dissent. I have a copy, but I haven't read the entire thing yet... -- Begin AP quote: In dissent, Justice John Paul Stevens, joined by Souter, Ginsburg, and Breyer, wrote that the majority "would have us believe that over 200 years ago, the Framers made a choice to limit the tools available to elected officials wishing to regulate civilian uses of weapons." He further writes that such evidence "is nowhere to be found." -- End AP quote Even totally discounting the Second itself, apparently Justice Stevens hasn't heard of (particularly) Hamilton, Jefferson, et al...and shows no understanding of what "the Framers" thought with regard to the "Bill of Rights." This could be among the most stunning opinions ever issued...and if I were Obama, I'd keep my mouth absolutely shut unless it was to denounce the dissent from a purely legal standpoint. The Dems oughta get busy thanking some higher power that Stevens was a Ford appointment. Sheesh, R I'm a shooter, but I don't know how this outcome impacts my feelings about walking around in DC. I hope the locals can figure out some way to deal with their gun problem in light of this decision. A couple of things: First, IMO, the majority was correct, but, um, not as correct as the minority was stunningly incorrect. Second nothing in the Constitution prohibits, generally, "reasonable gun control": carry laws, registration, permitting for concealed carry, very tough laws with regard to "gun crimes," etc., but outright _bans_, such as the DC law, are clearly against both the words and intent of the Constitution. There's nothing preventing DC from passing reasonable gun-control laws like banning the general "public" possession of them (other than concealed with a permit), reasonable transport laws (gun and ammo separate and secured, to and from a place of legal use, if without a permit), allowing businesses to ban all possession in their premise with a simple signage, etc. FWIW, a couple if anecdotes involving similar law changes in Florida - when, by a screw-up the legislature, it was legal for an entire year to walk down the street, even into a bank, with a gun in hand, and despite all sorts of predictions of "blood in the streets," not a single crime or even accident was attributed to it. Second, when it got straightened out and Florida became a "right to carry" state (like some 30-35 others, they started a program to track crimes and accidents. They shut the program down after they had under 10 "incidents" to track over, IIRC, a 2-4 period (and in none of the "crimes" was anyone injured). IAC, even if one does assume it to mean that only militias (and "regulated" in the late 1700s meant "trained"/"drilled") are to have arms, and for no other use other than while called to duty, the members of the militia (now, much of the citizenry) would still need to "keep" arms so as to "bear" them when called up. Moreover, the idea of a total ban on weapons would have been considered preposterous, even dangerous, in the late 1700s in either the US or England. Most importantly, IMO, the "Bill of Rights," again, isn't a list of "the (only) rights" of the people, it's a list of specific restrictions on the Government. Plus, "the people" are perfectly free to repeal the second. If this or that politician thinks that people today would support such, I'd encourage them to take public steps toward that end...and start planning for what they wish to do after they lose the next election... |
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On Jun 30, 5:49*am, Scott Seidman wrote:
wrote in news:12a7641l7u15d6t8mvr8vvfrsl07gsjh9c@ 4ax.com: NOTE - This is what AP is quoting from the dissent. *I have a copy, but I haven't read the entire thing yet... -- Begin AP quote: In dissent, Justice John Paul Stevens, joined by Souter, Ginsburg, and Breyer, wrote that the majority "would have us believe that over 200 years ago, the Framers made a choice to limit the tools available to elected officials wishing to regulate civilian uses of weapons." He further writes that such evidence "is nowhere to be found." -- End AP quote Even totally discounting the Second itself, apparently Justice Stevens hasn't heard of (particularly) Hamilton, Jefferson, et al...and shows no understanding of what "the Framers" thought with regard to the "Bill of Rights." This could be among the most stunning opinions ever issued...and if I were Obama, I'd keep my mouth absolutely shut unless it was to denounce the dissent from a purely legal standpoint. *The Dems oughta get busy thanking some higher power that Stevens was a Ford appointment. Sheesh, R I'm a shooter, but I don't know how this outcome impacts my feelings about walking around in DC. *I hope the locals can figure out some way to deal with their gun problem in light of this decision. How could they possibly have had a gun problem if guns were banned there? 100% tongue in cheek - Ken |
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On Mon, 30 Jun 2008 10:43:47 -0700 (PDT), "
wrote: How could they possibly have had a gun problem if guns were banned there? What is you, boy - some kind uh got-damned libearl commie-pinko...? Them Yankee libearl bastids banned guns - thar's yer got-damned problem ri' thar... HTH, R 100% tongue in cheek - Ken |
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