..and 100% want to win the lottery, but it isn't going to happen.
HyogaRott Send a noteboard - 05/01/2013 02:17:50 PM
According to the syllabus prepared by the U.S. Supreme Court Reporter of Decisions, in District of Columbia v. Heller, 554 U.S. 570, the Supreme Court held:
(1) The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. Pp. 2–53.
(a) The Amendment’s prefatory clause announces a purpose, but does not limit or expand the scope of the second part, the operative clause. The operative clause’s text and history demonstrate that it connotes an individual right to keep and bear arms. Pp. 2–22.
(b) The prefatory clause comports with the Court’s interpretation of the operative clause. The “militia” comprised all males physically capable of acting in concert for the common defense. The Antifederalists feared that the Federal Government would disarm the people in order to disable this citizens’ militia, enabling a politicized standing army or a select militia to rule. The response was to deny Congress power to abridge the ancient right of individuals to keep and bear arms, so that the ideal of a citizens’ militia would be preserved. Pp. 22–28.
(c) The Court’s interpretation is confirmed by analogous arms-bearing rights in state constitutions that preceded and immediately followed the Second Amendment. Pp. 28–30.
(d) The Second Amendment’s drafting history, while of dubious interpretive worth, reveals three state Second Amendment proposals that unequivocally referred to an individual right to bear arms. Pp. 30–32.
(e) Interpretation of the Second Amendment by scholars, courts and legislators, from immediately after its ratification through the late 19th century also supports the Court’s conclusion. Pp. 32–47.
(f) None of the Court’s precedents forecloses the Court’s interpretation. Neither United States v. Cruikshank, 92 U. S. 542 , nor Presser v. Illinois, 116 U. S. 252 , refutes the individual-rights interpretation. United States v. Miller, 307 U. S. 174 , does not limit the right to keep and bear arms to militia purposes, but rather limits the type of weapon to which the right applies to those used by the militia, i.e., those in common use for lawful purposes. Pp. 47–54.
http://www.law.cornell.edu/supct/search/display.html?terms=heller&url=/supct/html/07-290.ZS.html
Joel: Yeah, that's right, basically everything that I have been trying to explain to you all along, but you haven't been listening.
(1) The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. Pp. 2–53.
(a) The Amendment’s prefatory clause announces a purpose, but does not limit or expand the scope of the second part, the operative clause. The operative clause’s text and history demonstrate that it connotes an individual right to keep and bear arms. Pp. 2–22.
(b) The prefatory clause comports with the Court’s interpretation of the operative clause. The “militia” comprised all males physically capable of acting in concert for the common defense. The Antifederalists feared that the Federal Government would disarm the people in order to disable this citizens’ militia, enabling a politicized standing army or a select militia to rule. The response was to deny Congress power to abridge the ancient right of individuals to keep and bear arms, so that the ideal of a citizens’ militia would be preserved. Pp. 22–28.
(c) The Court’s interpretation is confirmed by analogous arms-bearing rights in state constitutions that preceded and immediately followed the Second Amendment. Pp. 28–30.
(d) The Second Amendment’s drafting history, while of dubious interpretive worth, reveals three state Second Amendment proposals that unequivocally referred to an individual right to bear arms. Pp. 30–32.
(e) Interpretation of the Second Amendment by scholars, courts and legislators, from immediately after its ratification through the late 19th century also supports the Court’s conclusion. Pp. 32–47.
(f) None of the Court’s precedents forecloses the Court’s interpretation. Neither United States v. Cruikshank, 92 U. S. 542 , nor Presser v. Illinois, 116 U. S. 252 , refutes the individual-rights interpretation. United States v. Miller, 307 U. S. 174 , does not limit the right to keep and bear arms to militia purposes, but rather limits the type of weapon to which the right applies to those used by the militia, i.e., those in common use for lawful purposes. Pp. 47–54.
http://www.law.cornell.edu/supct/search/display.html?terms=heller&url=/supct/html/07-290.ZS.html
Joel: Yeah, that's right, basically everything that I have been trying to explain to you all along, but you haven't been listening.
This message last edited by HyogaRott on 05/01/2013 at 02:20:15 PM
Poll: 54 percent view NRA favorably
- 28/12/2012 04:23:35 AM
1135 Views
Hahahaha. That is full of shit. OMG. Thanks for the laughs. *NM*
- 28/12/2012 06:30:08 AM
495 Views
I have this to say about that...
- 28/12/2012 07:10:52 AM
941 Views
That was rather long but probably one of the best things I've read this year
- 28/12/2012 02:31:24 PM
686 Views
Excellent article by a knowledgable individual armed with facts. *NM*
- 28/12/2012 04:36:23 PM
335 Views
See my response to Novo.
- 28/12/2012 06:28:00 PM
791 Views
please cite the errors, manipulations, or lies.
- 28/12/2012 09:30:28 PM
740 Views
I cited two in response to her, and those were just the ones I remember off the top of my head.
- 28/12/2012 11:07:36 PM
879 Views
If you can't remember them, then don't claim them *NM*
- 29/12/2012 03:08:08 AM
393 Views
Two just from memory is enough to substantiate my claim.
- 29/12/2012 03:35:49 AM
761 Views
'Substantiate your claim'? I don't think you're lying, I just don't feel any reason to be swayed...
- 29/12/2012 04:00:10 AM
664 Views
The 2 things you attempted to "cite" were absolute nonsense and proved nothing.
- 31/12/2012 06:00:00 PM
739 Views
Re: I have this to say about that...
- 28/12/2012 05:23:44 PM
877 Views
Never point a gun at anything you are not going to shoot, nor shoot anything you do not mean to kill
- 28/12/2012 06:13:20 PM
773 Views
Still losing the gun debate and it's driving you a little crazy isn't it!
- 28/12/2012 06:40:51 PM
626 Views
- 28/12/2012 06:40:51 PM
626 Views
Gallup: 58% want more gun control; Ipsos: 70% want more gun control, 90% want background checks.
- 28/12/2012 10:29:50 PM
781 Views
..and 100% want to win the lottery, but it isn't going to happen.
- 05/01/2013 02:17:50 PM
849 Views
Re: I have this to say about that...Actually, modern military weapons are constructed to wound
- 29/12/2012 08:43:49 PM
876 Views
Yeah, uh, no. Not until you do some serious background checks on teachers.
- 29/12/2012 01:00:20 AM
814 Views
GOP estimates of teacher competence have increased to the point of giving them concealed guns.
- 29/12/2012 02:36:08 AM
895 Views
You know the GOP is unlikely to object to background check on teachers, the unions might
- 29/12/2012 02:56:06 AM
761 Views
his premise is "there's already too many guns so why bother trying anything at all now"
- 07/01/2013 06:27:20 PM
767 Views
I don't think that's his sole premise but it's also quite true
- 07/01/2013 07:05:20 PM
802 Views
i think you're missing a piece of the puzzle
- 07/01/2013 07:23:02 PM
735 Views
I'm not missing it, I just don't think it's wise or especially moral
- 07/01/2013 09:36:05 PM
787 Views
moral has nothing to do with it, imho
- 07/01/2013 11:26:00 PM
832 Views
Data is data my friend. Please feel free to present your own data if you would like. *NM*
- 28/12/2012 05:49:09 PM
364 Views
Is that the same Gallup that said 54% of America would vote Romney?
- 28/12/2012 06:15:43 PM
855 Views
- 28/12/2012 06:15:43 PM
855 Views
Once again data is data.....feel free to cite other polling data. *NM*
- 28/12/2012 06:38:29 PM
353 Views
The goddamn frigging election. *NM*
- 28/12/2012 07:13:04 PM
360 Views
Oh, was the NRA running for something? Good grief, was a ridiculous reach. *NM*
- 28/12/2012 08:07:56 PM
365 Views
No, but it shows Gallup polls are horseshit. *NM*
- 28/12/2012 08:48:12 PM
352 Views
No it doesn't, it only shows that Romney was more awful of a candidate than Obama was. *NM*
- 28/12/2012 09:14:00 PM
373 Views
Not according to Gallup, just most US voters; Gallup DOES say 58% of the US wants more gun control.
- 28/12/2012 10:22:19 PM
938 Views
Yes. Most of us aren't against guns per se; we're against the inane concepts of gun "shows"
- 29/12/2012 01:06:50 AM
672 Views
Exactly, crazy libs like Joel want to get rid of all guns, but normal Americans.....
- 29/12/2012 01:36:00 AM
710 Views
Too bad the radical fringe on both sides drowns us both out so well.
- 29/12/2012 02:25:31 AM
833 Views
Previous polling failures by Gallup are evidence for the claim that Gallup polls are flawed.
- 29/12/2012 01:05:08 AM
829 Views
Gallup was Romney +1 with +/- 4% on Election Day.....turned out Obama +3.
- 29/12/2012 01:33:45 AM
667 Views
So what I don't understand about this whole teachers with gun thing
- 30/12/2012 12:42:05 AM
814 Views
It would strictly be voluntary
- 30/12/2012 03:02:18 AM
782 Views
You seriously don't think a linebacker can take a gun off a 5' teacher?He can just punch her.
- 30/12/2012 09:45:05 AM
775 Views
He can already punch her, not all schools are high schools and that's not the norm for spree killers
- 30/12/2012 03:05:55 PM
851 Views
Leveling that playing field is much of the point of guns.
- 05/01/2013 05:43:47 PM
814 Views
You aren't familiar with guns if you think that a large male can't disarm a woman who has one.
- 07/01/2013 10:14:21 AM
776 Views
Well Paul Ali Slater didn't, disarming is risky, and he seems familiar enough with them to me *NM*
- 07/01/2013 01:25:28 PM
404 Views
