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Old 02-26-2009, 05:02 PM
Adam Helmer Adam Helmer is offline
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Mr. 16 gauge,

Your rebuttal to the prior post was eloquent; I will be standing by your side at the next Lexington Green; where all real Partriots will be standing. See you there.

Adam
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Old 02-26-2009, 06:24 PM
denton denton is offline
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16 Gauge, the situation with the Supreme Court is not as you imagine.

Yes, Obama will probably fill at least two vacancies on the Supreme Court. He will undoubtedly choose the most liberal Justices that he can.

But it will not make any difference in Heller.

Stare decisis is the legal doctrine that governs here. Basically, it says that once a matter is settled by the Supreme Court it will not be revisited except under the most extreme circumstances. Long after Scalia is gone, the 2A doctrines he articulated will remain and will be binding upon future members of the court. All future decisions on this topic will be guided by and subject to Heller. No Justices, however liberal, will be willing to re-open Heller because it would violate this almost sacrosanct rule.

The beauty of Heller is that is VASTLY more difficult to undo than simple legislation would be. Several Justices have opined that Roe v. Wade created bad law and precedent. But have they re-opened it? Not a chance. Same for Heller. They may hate it, but they won't overturn it. It's "settled law".

The bizarre thing that is going on is that we now have considerable LIBERAL support in our efforts to get incorporation of 2A against the states.

Back in the late 1800s, SCOTUS essentially gutted the Privileges and Immunities Clause of the 14th Amendment in the Slaughterhouse Decision. That's the one that says that states cannot abridge the privileges and immunities guaranteed by the Constitution. All incorporations since Slaughterhouse have come under the due process clause. The lib support we are getting is an effort to overturn Slaughterhouse (exceedingly hard to do). Our arguments are following the traditional path of arguing under due process, but if the liberals can use Heller to re-establish privileges and immunities, it would be even bigger than winning Heller.

No, I'm not happy about the news out of Washington. And I don't think our situation is that great. But it is also not so dire as some people would have you believe. The Supreme Court is designed to outlive and outlast the other branches of government, and to be the nearly immovable object that prevents fast, radical change.

Absent Heller, I'd be selling off firearms while it is still legal and the market is hot. As it is, I'm putting money and effort behind the NRA and figuring that the next few years will be stormy but not devastating. For at least the past decade, the tide was clearly running in our favor. Today, it is mixed.

Obama is in the process of demonstrating how you go about alienating your base, one faction at a time. My prediction is that if he keeps going the way he is, he will not even be re-nominated in 2012, much less re-elected. Key media support has already visibly eroded.
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Old 02-26-2009, 07:29 PM
Mr. 16 gauge Mr. 16 gauge is offline
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Heller allows the bearing of arms.....which arms is now the question. You've already got idiots like Jim Zumbo, a former gun writer, who say there is NO NEED for black rifles....how do you argue 'logic' like that! He's a freakin' gun writer (now ex-gun writer), for cryin' out loud.
I'm sure that the Clintonistas in Obama's cabinet are working hard on a measure that will circumvent Heller. Even if found later to be unconstitutional, once you've lost something, you'll never, ever get it back!

Dude, with all due respect.....you really, really, need to pull your head out of the sand. This is not about 'what's best for the people'....this is about power, pure and simple, ......and keeping it!

Quote:
Key media support has already visibly eroded.
I'm not sure what channels you're watching, but I'm certainly not seeing it eroding.....if anything, I see him gaining support because 'the bad republicans' don't want to play ball with him.
If he'd just crap out those gold bars like he made everyone believe he could, everything would be 'golden'.
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Old 02-26-2009, 08:23 PM
denton denton is offline
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Quote:
Heller allows the bearing of arms.....which arms is now the question.
Not so. Heller clearly defines that if it is not a full auto, and if it is a type of firearm that people commonly own and use for self-defense, it has 2A protection.

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I'm sure that the Clintonistas in Obama's cabinet are working hard on a measure that will circumvent Heller.
Without a doubt.

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Even if found later to be unconstitutional, once you've lost something, you'll never, ever get it back!
Again, not so. Case in point: The Second Amendment was absolutely dead as a door knocker in most of the US prior to Heller. Most people just didn't know about it. Most of the Circuit Courts in the US had ruled it a "collective right" or a "sophisticated collective right". All courts inferior to them were bound by those decisions. Heller was a great rebirth of personal freedom. If we get incorporation of Heller via the Privileges and Immunities Clause, it will be an even greater landmark in personal freedom.

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This is not about 'what's best for the people'....this is about power, pure and simple, ......and keeping it!
Of course it is. Obama is incredibly uninformed about many things, and is so arrogant that he doesn't care. He's a raving megalomaniac. We are very quickly going to be exceedingly sorry that he got elected. His agenda is all about control, personal power and agrandizement.

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Key media support has already visibly eroded.

I'm not sure what channels you're watching, but I'm certainly not seeing it eroding.....if anything, I see him gaining support
A couple of nights ago, my wife and I were flipping back and forth between Letterman and Leno. One had Donald Trump soundly blasting Obama's economic plan, and the other had Ariana Huffington also soundly blasting him. If a Democrat president can't get support from Ariana Huffington, it's a little like the Pope being unable to get support from the Vatican web site. Both hosts were agreeing with their guests. Such a display would have been unthinkable a few weeks ago. No, key support is eroding quickly. CNN and MSNBC will keep up the party line for a long time, but others are becoming disaffected.

Have a little faith. We will lose some ground for a while. Work like heck to protect what you can.

Heck, Dick Morris is predicting that things will shortly be so bad that we will get a Republican Congress in 2010. Don't know if he's right, but he's a pretty perceptive guy. That result would not surprise me in the least.

When I posted, I hadn't seen this: Senate votes 62-36 to override DC gun laws, and much of the credit goes to... may I have the envelope please... Eric Holder's unwise public comments.

http://www.saysuncle.com/archives/20.../guns-in-dc-7/

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Last edited by denton; 02-26-2009 at 08:30 PM.
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  #5  
Old 03-01-2009, 12:39 PM
GOLD-PAN GOLD-PAN is offline
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Originally Posted by adam helmer View Post
mr. 16 gauge,

your rebuttal to the prior post was eloquent; i will be standing by your side at the next lexington green; where all real partriots will be standing. See you there.

Adam
you all wont be to lonely on the green there is gonna be a few of us there... And were bringing heavy arm's....locked and loaded !!
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