Some Reactions To Heller

Although an individual now has a constitutional right to own guns, that new
right
is not unlimited, wrote [Justice Antonin] Scalia, a hunter. Reuters

I agree with the ruling, however, the Constitution does not grant us the right,
it enumerates that right. It is a natural law that man is able to defend him
or her self.
Chuck Mallory

If D.C. street thugs are pleased by anything, it’s probably the fact that five
of the justices — a slim majority, but that’s all it takes to win — have come
around to seeing things their way. Colbert
I. King

What I find very much amusing is that the second dissent in part relies upon
laws passed in 18th century America. I mean, I thought the Consitution was an
evolving document, and we couldn’t be expected to live our lives according
to the dictates of 18th century life. But, lo and behold, the dissention references
a law pertaining to the storage of gunpowder, something not necessary for the
use of fire-arms today, as proof of the government’s ability to limit the
second amendment right. Intriguing. VolMagic

It’s good. If Fat Tony Scalia comes anywhere near your home, shoot the motherf*cker.
David Ehrenstein

But I must first pass along this rather brilliant observation from professor
Stephen Wermiel from American University, who wonders why none of the dissenters
cautioned the majority that today’s decision "will almost certainly cause
more Americans to be killed." (Boumediene, Scalia, J. dissenting.) Dahlia
Lithwick

Unlike Senator Obama, who refused to join me in signing a bipartisan amicus
brief, I was pleased to express my support and call for the ruling issued today.
Today’s ruling in District of Columbia v. Heller makes clear that other municipalities
like Chicago that have banned handguns have infringed on the constitutional
rights of Americans. Unlike the elitist view that believes Americans cling to
guns out of bitterness, today’s ruling recognizes that gun ownership is an important
right- sacred, just as the right to free speech and assembly. John
McCain

We’re all originalists now. One of the most extraordinary things about
this case is that it presented, for the first time in modern memory, a chance
for the Supreme Court to decide the meaning of a constitutional right without
a heavy overlay of “constitutional law” – a body of relevant
decisions from the Supreme Court itself. For “faint-hearted” originalists,
like Scalia and others, the existence of non-originalist precedents can be a
barrier to reaching originalist results. But here the issue was one of truly
first impression, presenting a “clean” controversy. It therefore allowed
the Court to address the issues on first principles of constitutional interpretation.
Dale
Carpenter

How is it 4 justices that could find a right that wasn’t there for terrorists
can’t seem to locate the 2nd amendment? Sue

These comments clearly show which side is serious about constitutional rights,
and which side isn’t.

Crossposted from Ken McCracken

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  • http://magyartruth.blogspot.com/ Chief RZ

    Oswaldo, I will be glad to explain. First, the good citizens who are not felons, work, pay taxes and follow laws, pay for extra background checks from the various states in addition to weapons training are issued CWP (concealed weapons permits) We are not the ones

    shooting at anything that moves

    unless that person is or has already killed people in places like restaurants, US Post offices (where guns are not allowed), on college campuses, ditto, and other places including places of worship. Here is an example of one that occurred in the state of South Carolina and what happened to him.

    On communism, here is a sample of The Truth illustrating the evils and excesses of communism. If you would like a graphic, X/R Rated version, read The Bridge at Andau.

  • ghettotrash

    Why are liberals concerned with criminals getting shot?

  • Buzz

    Not the only thing to come out of the Supreme Court the other day.

    Funny how things go around and come around.

    In his initial run for the U.S. Senate in 2004, this fellow Barack Obama, who we seem to be hearing a lot about these days, was one of the very first beneficiaries of the so-called millionaire’s amendment that the U.S. Supreme Court struck down Thursday.

    Obama’s main Democratic primary foe that year was Blair Hull, a wealthy investor who poured $28 million of his own money into the campaign.

    But under that same national campaign finance law, Hull’s immense personal spending on himself released Obama from the $2,100 per donor cap then in effect.

    And it allowed him to raise his own campaign money in increments up to $12,000 per donor.

    That national campaign finance law was co-written by another now familiar name, John McCain, the senator from Arizona.

    Now, McCain is the presumptive Republican presidential nominee who will face Obama, the presumptive Democratic nominee, on Nov. 4 to become president of these United States. Talk about unintended consequences.

    Some analysts believe that Obama might well have lost that crucial first step onto the national political stage without the financial boost he received from McCain’s law allowing him to gather….

    … sums in excess of that $2,100 cap. He certainly would have been unable to finance statewide television advertising.

    But, wait! His luck wasn’t over. In the ensuing general election, Obama faced Republican millionaire investor Jack Ryan. But, would you believe it, an alleged sex scandal involving his ex-wife forced him out of the race. And the Illinois GOP — talk about desperate — turned to that political powerhouse, Alan Keyes, who was destroyed by newcomer Obama.

  • Oswaldo

    Chief you say about gun banning:

    The communists, I understand. Their goal is to disarm the good people so they can enslave us

    Maybe their goal is to keep firearms under tight control so that it’s not so easy to go around shooting at anything that moves, as in the US?

    BTW, please explain what you mean by “Communism is Evil?”

  • http://www.thedailyslant.com/ Hairy Polemic

    Scalia’s opinion was classic. He spends 40 pages citing Webster’s in an effort to give the dissenters a vocab and grammar lesson, then he spends 10 pages calling Justice Stevens a douche bag (politely), and 10 pages doing the same to Justice Breyer.

    60 pages total of what basically amounts to: “It’s plainly written, right there… can’t you read?”

  • http://proof-proofpositive.blogspot.com/ proof_positive

    Do you think the NRA suit will go on appeal? Jackass.

    You practice your speeches in the mirror, Sparkles? You have to have a suit before it can be appealed. Nice try to cover your lardy ass in the first misstatement you (or the ineptitude of whoever is writing for you) made.

    Buzz: The noise made by a gnat or a gadfly. Hardly worth noticing!

  • http://www.kenmccracken.blogspot.com/ Ken McCracken

    BTW, please explain what you mean by “Communism is Evil?”

    How clueless can you get.

  • http://magyartruth.blogspot.com/ Chief RZ

    Even I can not believe that any — well one, the ACLU communist plant, of the justices could not see that our Second Amendment, just like the First and all the others were written to individuals. The communist, I understand. Their goal is to disarm the good people so they can enslave us. That must be understood and communicated clearly.

  • http://magyartruth.blogspot.com/ Chief RZ

    Oswaldo. You join three previous posters on my list of personally irresponsible people. Last chance.

  • http://proof-proofpositive.blogspot.com/ proof_positive

    Why are liberals concerned with criminals getting shot?

    They are more concerned that an armed populace won’t be easily dictated to!

  • Oswaldo

    Chief

    I thought I’d get back to you now that I have some time. I’ve been doing some traveling. Next week I’ll be in France enjoying a good Bordeaux, and Camembert or Brie cheese on a baguette, with our country’s French friends. I’ll have my laptop with me to continue this discussion.
    I’d like to avoid the subject of gun control for the moment if you don’t mind, and get to my question
    “Why is communism evil?” I was referring to communism as an economic system, not the dictatorial ideology represented strictly and only by the former Soviet Union or Communist China. In connection with the latter, I can understand (to some extent) Bike Bubba’s reaction:

    You mean beyond brutal suppression of human rights, genocides killing about 100 million people, hundreds of aggressive and unprovoked wars, and poverty for all except for selected Communist Party members?

    No BB, that’s not what I mean.

    Making blanket statements or generalizations like “Communism is evil” really doesn’t mean much; not more than saying “Capitalism is evil.” We saw what illogical nonsense Karl Marx was spewing about capitalism in his “Das Kapital.” Yet he was able with his indefensible gobbledygook to get the wrong people to believe that a “dictatorship of the proletariat,” the working classes, should prevail over the free-market “evils of capitalism.” He should have confined himself to an objective analysis of the respective, objective principles of capitalism and communism.
    Communism as it existed in the Soviet Union and its Eastern European satellites was excessive in its attempt at governmental control and planning of all market mechanisms, especially by force.
    Communism and the communist parties in Western Europe, for example Italy and France, are different. They no longer go to such extremes as advocating full state ownership or even control of all economic activity, companies, farms, etc. Their goal might be said to be more like trying to team with the more moderate socialists in their action aimed at protecting the rights of citizens, and workers in particular, and curbing the excesses of “laissez-faire” policies.
    Communism has become a “label” in the United States used indiscriminately to assail anything that rubs us the wrong way politically or morally. If you say anything positive about communism or negative about capitalism in this country, you are not “patriotic,” you hate America, etc. You’ll agree that such labeling is simplistic nonsense.
    Branding or name-calling is no way to debate any subject. Reflections must be kept in perspective and on a loftier plane.
    I’m always trying to be the devil’s advocate in any of the discussions here, so thanks in advance for not hastily concluding anything about my core ideological, religious or philosophical views. For example, don’t call me a “lousy commie rat.” Or something like that; Actually, okay, it’s a free country. You to call me whatever you want, even with a gun if you like (1st and 2nd Amendments).

  • http://proof-proofpositive.blogspot.com/ proof_positive

    Or were you just “displaying the ineptitude of whoever is writing for you”?

  • Buzz

    Kennedy — Reagan’s third and final appointee — often finds himself speaking for the court in announcing its most significant liberal decisions.

    The split between Scalia and Kennedy goes back more than a decade. At first, they seemed to have much in common. They were born in 1936, grew up in Catholic families, went to high school in the ’50s and then to Harvard Law School. Both were Republicans and were put on the courts by Reagan. When Kennedy moved to the Washington area in 1988, he and his wife, Mary, bought a house in the same McLean, Va., neighborhood as Scalia.

    So if Bill Ayers equals Obama by simple association, then Scalia must equal Kennedy, right. Oh my God, they went to the same school so they must be buddy’s, they live in the same neighborhood so they must think the same. They are even both Catholic (The largest cult in the world, according to McCain) so they MUST think and act the same by Republican rational. Case closed. Scalia is a liberal.

  • http://proof-proofpositive.blogspot.com/ proof_positive

    the storage of gunpowder, something not necessary for the use of fire-arms today

    So, modern firearms don’t use gunpowder? (And fire doesn’t melt steel!)
    I suppose this gentleman has never met a modern black powder enthusiast either?

    You can see that most of the looney left skipped shop class! (And physics, and chemistry and logic and…)

  • Spartacus

    Maybe their goal is to keep firearms under tight control so that it’s not so easy to go around shooting at anything that moves, as in the US?

    That’s why you should never be allowed to exercise your 2nd amendment right. Until you mentioned that you think having a gun means that you automatically shoot at anything that moves (project much?), I’ve never in 45 years known of anyone that owns a gun with the mentality to shoot at anything that moves. It’s all in your head.

  • http://www.bikebubba.blogspot.com/ Bike Bubba

    Maybe their goal is to keep firearms under tight control so that it’s not so easy to go around shooting at anything that moves, as in the US?

    Oswaldo, consider the difficulty of “shooting anything that moves” when some moving things might be able to shoot back. If you want people shooting anything that moves, you can try the worse sections of DC, Chicago, New York, and now London, Syndey, and Brisbane due to their gun bans. You can also try the Yakuza districts of the Tokyo Bay.

  • http://magyartruth.blogspot.com/ Chief RZ

    Oswaldo has had six hours to read and respond. I think that he is not personally responsible for what he writes or asks. Maybe he thinks that some magic social responsibility will fall from the sky and enlighten everyone.

  • Mickey

    It’s a done deal, celebrate! The people won!

  • http://proof-proofpositive.blogspot.com/ proof_positive

    So Proof, is Kennedy good now or bad? He was the deciding vote.

    Buzz: As in: “Too much caffeine?”. I have never said that Justice Kennedy was “good” or “bad”! Your world is really a simplistic one, isn’t it?

    Buzz: The noise made by a gnat or a gadfly. Hardly worth noticing!

  • http://proof-proofpositive.blogspot.com/ proof_positive

    BTW, WOOF: What happened to your avatar?
    (Or are we dealing with an ersatz-WOOF?)

  • http://proof-proofpositive.blogspot.com/ proof_positive

    the appeals from Chicago won’t be heard.

    Not sure what you’re talking about there, Spark! Chicago won’t have to “appeal” anything, the NRA is filing suit in those cities as we speak!

  • http://www.bikebubba.blogspot.com/ Bike Bubba

    BTW, please explain what you mean by “Communism is Evil?”

    You mean beyond brutal suppression of human rights, genocides killing about 100 million people, hundreds of aggressive and unprovoked wars, and poverty for all except for selected Communist Party members?

    What color is the sun on your planet, Oswaldo?

  • Bat One

    Over at Powerline, Scott Johnson takes a look at both the recent Kennedy and Boumediene decisions, finding both constitutionally insupportable. His conclusion, that we should re-examine our near-blind obeisance to judicial supremacy, is revolutionary.

    Whence comes the Court’s authority to render the judgment in cases such as Kennedy? It is entirely self-created, based on the Court’s ipse dixit. This is not the way it’s supposed to work…

    The Court’s handiwork in Boumediene represents a more recent and more consequential appropriation of power whose limits have not yet even begun to be tested, and it flies in the face of the Court’s own previous jurisprudence.

    Our acquiescence in the doctrine of judicial supremacy is of long standing, but it is time to revisit it in the spirit of Abraham Lincoln. In Lincoln’s Emancipation Proclamation, Allen Guelzo reminds us that Lincoln

    “mistrusted the federal judiciary and expected that any emancipation initiatives which came directly from his hand would be struck down in the courts.”

    Guelzo’s reminder helps us understand Lincoln’s last Annual Message to Congress (December 6, 1864):

    “In presenting the abandonment of armed resistance to the national authority on the part of the insurgents, as the only indispensable condition to ending the war on the part of the government, I retract nothing heretofore said as to slavery. I repeat the declaration made a year ago, that ‘while I remain in my present position I shall not attempt to retract or modify the emancipation proclamation, nor shall I return to slavery any person who is free by the terms of that proclamation, or by any of the Acts of Congress.’ If the people should, by whatever mode or means, make it an Executive duty to re-enslave such persons, another, and not I, must be their instrument to perform it.”

    Translation: If the courts, or any other institution, nullify the Emancipation Proclamation, I will nevertheless continue to enforce it. Where is the spirit of Lincoln today?

    Where, indeed! Now that’s revolution, brother!

  • Bat One

    Senator Obama’s sudden epiphany regarding the 2nd Amendment would be astonishing if only he could be taken seriously.

    For the record, here is a roundup of his past position on firearms and Americans’ right to “keep and bear arms.”

    In the past, Barack Obama has advocated increasing the penalty for illegal interstate transportation of a firearm from the current 10years in prison, making it a felony for the owner of a gun whose firearm is stolen from his home and is later used in a crime, increasing taxes on the sale of firearms and ammunition by 500%, limiting firearm purchases to one per month, a ban on the sale of firearms within 5 miles of a school or a park, and a ban on all police agencies reselling their used weapons.

    Barack Obama’s statement on the Heller decision is simply a cynical lie… a dishonest attempt to pander to those on the Right and those independents whose votes he needs to win in November by portraying himself as something he clearly is not.

  • Spartacus

    Oswaldo has had six hours to read and respond.

    Chief – write it off as a hit and run.

  • WOOF

    Where’s the fat lady?
    I don’t hear any singing.

  • WOOF

    Much ado about nothing.

    The 2nd Amendment is moot.

    If you have a gun

    if police think you
    might have a gun

    if you are driving a car

    any law enforcement officer
    can disarm you, or kill you
    because of the threat you present.

    Life on the Streets

    How do you think Scalia, Alito and Roberts would find
    if an DEA agent shot you as you pulled a flashlight from
    your glovebox?

  • Oswaldo

    Chief RZ,

    I’ll get back to you. Too many personal tasks to take care right now.
    Bear with me.

  • http://www.bikebubba.blogspot.com/ Bike Bubba

    Woof, I should probably wait for Pilgrim to spank your illogic, but the police are not empowered to disarm you unless they have probable cause, and they are not empowered to use lethal force unless you present at least disabling force.

    Besides, when DC residents start arming themselves, five will get you ten that crime goes down and fewer police will be needed. It’ll be a good thing that our friend Pilgrim will be retired.

    Nothing moot whatsoever about this decision.

  • Buzz

    Spark, by the way, that was a awesome movie you have for your avatar. I’m sure that Proof wouldn’t make it through two min. of it without popping a vein.

  • Buzz

    So Proof, is Kennedy good now or bad? He was the deciding vote.

  • http://proof-proofpositive.blogspot.com/ proof_positive

    The past two days of Supreme Court decisions have shed a bright light on Obama’s rightward pivot for the general election. Yesterday in the child rape case, Obama agreed with two Justices he voted against and disagreed with those he holds up as models. Today, revising a long held position on gun control, he agrees with Justice Scalia’s reading of the Second Amendment and again disagrees with Souter, Ginsburg, Breyer and Stevens. If only the Court could overturn Roe before the election, Obama would become a pro-lifer.

    -Yuval Levin, The Corner
    Perhaps, Buzz, you could ask Fast Eddie Obama which justices are “good” and “bad”?

  • http://proof-proofpositive.blogspot.com/ proof_positive

    The 2nd Amendment is moot.

    Moot?

    You keep using that word. I do not think it means what you think it means.

  • http://sayanythingblog.com/readers/author/sparkiearbuckle sayanything-81

    It is a natural law that man is able to defend him or her self.

    What? A Natural Law? ?

    Today’s ruling in District of Columbia v. Heller makes clear that other municipalities like Chicago that have banned handguns have infringed on the constitutional rights of Americans.

    Wrong. And the appeals from Chicago won’t be heard. McCain is again displaying the ineptitude of whoever is writing for him.

    For “faint-hearted” originalists, like Scalia and others, the existence of non-originalist precedents can be a barrier to reaching originalist results. But here the issue was one of truly first impression, presenting a “clean” controversy. It therefore allowed the Court to address the issues on first principles of constitutional interpretation.

    What’s this guy trying to say, that Scalia hates women and blacks? All these ‘pundits’ are pretty ill informed and high on their own odors. Yawn.

  • http://sayanythingblog.com/readers/author/sparkiearbuckle sayanything-81

    BTW how do y’all discover Natural Laws, other than in the lab? Is that like the law of inertia or something?

    Oh, you’re quoting the idiots over at a CBS open thread? And they are lauding this as a ‘natural law’?

  • http://sayanythingblog.com/readers/author/sparkiearbuckle sayanything-81

    proof
    Do you think the NRA suit will go on appeal? Jackass. It won’t make it up past the circuit courts. SCOTUS won’t say another word on this for 80 yrs.

  • WOOFX

    Proof wrote:

    BTW, WOOF: What happened to your avatar?
    (Or are we dealing with an ersatz-WOOF?)

    Setting up a new computer, moving hard drives, installing
    OS. Using new browser, was not signed in.

    Accept only genuine WOOF posts.

  • WOOFX

    moot:

    of little or no practical value or meaning; purely academic.

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