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Subject:
Supreme Court emotions
Category: Relationships and Society > Government Asked by: jaseaux-ga List Price: $5.00 |
Posted:
08 Sep 2005 13:37 PDT
Expires: 08 Oct 2005 13:37 PDT Question ID: 565778 |
Are Scalia and Thomas upset that they were not appointed to Chief Justice of the Supreme Court, and instead Roberts, a newbie, was selected? Based on the clear language of the Constitution, what was the worst Supreme Court decision that has not yet been overturned, and will Chief Justice Roberts be able to overturn it? |
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There is no answer at this time. |
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Subject:
Re: Supreme Court emotions
From: denco-ga on 08 Sep 2005 14:08 PDT |
As to the second part of your question, United States v. Miller, a decision on the Second Amendment, is easily one of the worst decisions. http://caselaw.lp.findlaw.com/data/constitution/amendment02/ No, if John Roberts Jr. is appointed to the Supreme Court, he would not be able to overturn it, even if the Supreme Court did operate as such, which it doesn't. |
Subject:
Re: Supreme Court emotions
From: jaseaux-ga on 08 Sep 2005 18:05 PDT |
Wait a minute... they made the right call there. How would you interpret that amendment? |
Subject:
Re: Supreme Court emotions
From: denco-ga on 08 Sep 2005 19:02 PDT |
The beginning of the 2nd Amendment: "A well regulated Militia, being necessary to the security of a free State, ..." Clearly states one reason, but not all of the reasons, for the rest of the amendment: "... the right of the people to keep and bear Arms, shall not be infringed." Note that the second part does not state anything such as "only members of a Militia can keep and bear Arms" or "Congress can regulate Arms" or "the right of the Militia to keep and bear Arms" or any restrictions at all. The meaning of the phrase "shall not be infringed" is clear as well. The intent of the 2nd Amendment is clear. If it wasn't, why hasn't Congress just outright outlawed civilian (read: the people) ownership of arms? Why didn't the Supreme Court, as part of that decision, go ahead and restrict arms ownership to the "militia" at the time, if that was the clear intent of the amendment? Because it would be unconstitutional, and the Congress and the Supreme Court knew that it would be unconstitutional. At pure face value the decision is incorrect as well, as sawed off shotguns have been used with great effectiveness in military and resistance (read: militia) operations in several wars and conflicts. The Supreme Court makes mistakes. The ability to parse a relatively simple English sentence was one of them. |
Subject:
Re: Supreme Court emotions
From: jaseaux-ga on 08 Sep 2005 23:11 PDT |
Sometimes when they say "the people" they're talking about State's rights, vs. Federal Law. So maybe the Federal government can't overrule the State government on gun laws. |
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Re: Supreme Court emotions
From: nelson-ga on 09 Sep 2005 01:24 PDT |
The founding fathers certainly lacked foresight when they came up with the second amendment. |
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Re: Supreme Court emotions
From: housedev-ga on 09 Sep 2005 10:46 PDT |
As to your first question, it would be hard to speculate on the emotions of existing justices. However, Rehnquist was only the 5th of 16 Chief Justices to be elevated from the bench. Bringing in an outsider as Chief Justice is historically common. |
Subject:
Re: Supreme Court emotions
From: justaskscott-ga on 09 Sep 2005 14:21 PDT |
Here is the ABA's view on Unites States v. Miller and the Second Amedment: "Second Amendment Issues" American Bar Association http://www.abanet.org/gunviol/secondamend.html Of course, there are many more opinions about Miller, some positive, and some negative like denco's. |
Subject:
Re: Supreme Court emotions
From: denco-ga on 09 Sep 2005 14:52 PDT |
For am in depth analysis on "United States v. Miller," there is this paper that originated in the "Cumberland Law Review." http://www.guncite.com/journals/dencite.html "CAN THE SIMPLE CITE BE TRUSTED?: LOWER COURT INTERPRETATIONS OF UNITED STATES V. MILLER AND THE SECOND AMENDMENT" by Brannon P. Denning. |
Subject:
Re: Supreme Court emotions
From: jaseaux-ga on 09 Sep 2005 18:57 PDT |
So I guess everybody thinks Roe v. Wade was okay? |
Subject:
Re: Supreme Court emotions
From: conwatch1-ga on 01 Oct 2005 16:08 PDT |
The Miller decision was actually a model of judicial restraint. It did not pronounce on the issue of collective versus individual right. It merely said that a sawed-off shotgun either wasn't a militia weapon, or should be determined by further proceedings at the district level -- on that question it is ambiguous. |
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