The Down Range Forum

Member Section => Politics & RKBA => Topic started by: Timothy on March 05, 2010, 07:26:54 PM

Title: Incorporation is possible....
Post by: Timothy on March 05, 2010, 07:26:54 PM
The Supreme Court suggested Tuesday it will strike down cities’ and States’ outright bans on handguns through the 14th Amendments Due Process clause.

The court has relied on that same clause — "no state shall deprive any person of life, liberty or property without due process of law" — in cases that established a woman’s right to an abortion and knocked down state laws against interracial marriage among others.

In the transcript released just hours after the oral arguments, the question of incorporation seemed less at issue during the 1:16 minute oral arguments from both sides than whether the Second Amendment should be incorporated through the which clause; the “privileges and immunities” clause or that of the “due process” clause.

Alan Gura, the lawyer who represented the Chicago challengers (David and Colleen Lawson, Otis McDonald and Adam Orlov) was quickly put in his place by Chief Justice Roberts when he interrupted his opening remarks stating:

    “Of course, this argument is contrary to the Slaughter-House cases, which have been the law for 140 years. It might be simpler, but it's a big -- it's a heavy burden for you to carry to suggest that we ought to overrule that decision.”

By that statement it was quickly established, that the later (due process), rather than the former was held by the court to be the most logical and likely approach the court would take.

It is a widely held public and scholarly opinion that the Second Amendment is not only a “Fundamental Right” according to Supreme Court jurisprudence, but that it was so fundament (to ordered liberty) that it was a pre-existing right simply codified by the Constitution itself.

http://www.examiner.com/x-7133-Boston-Gun-Rights-Examiner~y2010m3d3-US-Supreme-Court-likely-to-incorporate-Second-Amendment
Title: Re: Incorporation is possible....
Post by: Solus on March 05, 2010, 08:35:05 PM
I will not count my favorable rulings until they are delivered....
Title: Re: Incorporation is possible....
Post by: Timothy on March 05, 2010, 08:50:54 PM
I will not count my favorable rulings until they are delivered....

Roger that!
Title: Re: Incorporation is possible....
Post by: tombogan03884 on March 05, 2010, 11:57:02 PM
Any bets on 5 - 4 Our way , "with limitations" .
Title: Re: Incorporation is possible....
Post by: twyacht on March 06, 2010, 06:02:34 AM
Any bets on 5 - 4 Our way , "with limitations" .

Enough with the limitations crap.....Make a ruling that doesn't leave a gray area for the weasels in Chicago, DC or wherever, to muck up the works.

Title: Re: Incorporation is possible....
Post by: Rastus on March 06, 2010, 08:51:04 AM
I would like to see MG's hit the civilian market again. 

Man would I like to see MG's hit the civilian market again....the two biggest populations that own MG's are doctors and lawyers.  They saw the supply-demand thing when Reagan froze the market...it sure would be nice to see MG prices fall.
Title: Re: Incorporation is possible....
Post by: tombogan03884 on March 06, 2010, 12:28:15 PM
Enough with the limitations crap.....Make a ruling that doesn't leave a gray area for the weasels in Chicago, DC or wherever, to muck up the works.



Your just not "Patriotic". Don't you realize how many lawyer jobs are saved or created by the phrase, "with some limitations".
Title: Re: Incorporation is possible....
Post by: Solus on March 06, 2010, 12:54:31 PM
Your just not "Patriotic". Don't you realize how many lawyer jobs are saved or created by the phrase, "with some limitations".

Many financial institutions will accept that phrase as a lawyers down payment and security on a loan for a personal jet aircraft or luxury yacht.  ;D ;D
Title: Re: Incorporation is possible....
Post by: Woody on March 07, 2010, 07:57:21 PM
 The liberals can have their abortions if we get to keep our guns, we will anyway.