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Thread: Resistance by Inferior Courts to SCOTUS 2nd Amendment decisions

  1. #1
    Campaign Veteran skidmark's Avatar
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    Resistance by Inferior Courts to SCOTUS 2nd Amendment decisions

    "RESISTANCE BY INFERIOR COURTS TO SUPREME COURT'S SECOND AMENDMENT DECISIONS," by Alice Beard, in Tennessee Law Review. It takes an optimistic view of long-term trends. At the moment, judicial recognition of the 2A as an individual right is relatively new and, to many courts, even irregular, something to be approached with caution or outright resistance. In the longer term, it may become accepted as one more American constitutional right.
    http://www.alicemariebeard.com/law/R...riorCourts.pdf

    H/T to David Hardy at "Arms and the Law" http://armsandthelaw.com/

    It may become accepted?*

    I wait with bated breath for some of the conflicting-decision cases based on Heller or McDonald to reach the Supreme Court. The pronouncement from Mt. Olympus as to just who decides what is and is not the constitutional interpretation of the law ought to be stellar reading. (SCOTUS is known for sneaking in bitch slaps of varying degrees of subtlety.)

    stay safe.

    * - who was it that said something along the lines of "You lost. I won. Get over it."?
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

  2. #2
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    I would recommend that all public officials except our RKBA ... if not, the consequences are on them.

  3. #3
    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    I would recommend that all public officials except our RKBA ... if not, the consequences are on them.
    Speel Czheker on the frizz agun?

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

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    Quote Originally Posted by davidmcbeth View Post
    I would recommend that all public officials except our RKBA ... if not, the consequences are on them.
    Prefere "ACCEPT" to your "except"!
    RIGHTS don't exist without RESPONSIBILITY!
    If one is not willing to stand for his rights, he doesn't have any Rights.
    I will strive to stand for the rights of ANY person, even those folks with whom I disagree!
    As said by SVG--- "I am not anti-COP, I am PRO-Citizen" and I'll add, PRO-Constitution.
    If the above makes me a RADICAL or EXTREME--- So be it!

    Life Member NRA
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    2nd amendment says.... "...The right of the people to keep and bear arms SHALL NOT BE INFRINGED!"

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    OK OK lol .. enjoy the pic .. if you accept to view it

  6. #6
    Campaign Veteran marshaul's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    OK OK lol .. enjoy the pic .. if you accept to view it
    Needs a Santa beard.

  7. #7
    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by marshaul View Post
    Needs a Santa beard.
    BZZZZZZZZZZZZZZZZZZZZZZZZZZ!!!!!!!!!!!

    Need a picture of a Spelling Nazi. Grammar Nazis are of a different ilk.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

  8. #8
    Regular Member 1245A Defender's Avatar
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    Wowwie!!!

    Quote Originally Posted by skidmark View Post
    BZZZZZZZZZZZZZZZZZZZZZZZZZZ!!!!!!!!!!!

    Need a picture of a Spelling Nazi. Grammar Nazis are of a different ilk.

    stay safe.
    Gentlemen!!!!! this forum is read by many very and impressionable people,,, both young and old,,, Be Nice!!!

    WE All know that the use of terms such as, spelling Nazi,,, and grammar Nazi....
    Will upset, belittle, crush, disfranchise and Maybe... Even hurt the Feelings,,, of...

    Real Nazies!!!!
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

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    Regular Member HeroHog's Avatar
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    Last edited by HeroHog; 08-31-2014 at 09:14 AM.
    Speedy: LOCAL League Sec/Treasurer, Information Officer
    AKA: Hero Hog, Dr. Speed, "The Brass Mangler" and "That fat, old, balding, Grey-bearded gimpy guy"

    I don't have NEAR enough ammo on hand. `nuff said.

    NRA Life Member, LSA, USN-DAV

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    und ve know vher you live...

  11. #11
    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by hafnhaf View Post
    und ve know vher you live...
    Please use the back door. The other one (it's the front door but it's on the side of the house) has all sorts of junk piled up in front of it and I wouldn't want you to trip and hurt yourself.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

  12. #12
    Campaign Veteran since9's Avatar
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    If SCOTUS rules "yes" and a lower court later contradicts them and says "no," I would seriously hope those who enforce the law understand that first and foremost the Constitution is "the supreme Law of the Land," and that rulings by higher courts always trump those of lower courts.

    The date of the ruling doesn't matter. The ruling court's position in our nation's judicial hierarchy does matter.
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

  13. #13
    Campaign Veteran skidmark's Avatar
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    If disregarding the decision of a court is contempt of court, is disregarding the decisions of the Supreme Court supreme contempt?

    There is a mechanism for "chastizing" those judges who choose to disregard what is supposed to be settled law, but it requires the Justices to actually do something.

    As for everyone lesser than the judges who have decided to disregard the Supreme Court's decisions, there is the possibility that they will lose their immunity (since by now everybody is supposed to know how SCOTUS decided the issue). But even if you win and recover not only all your costs but your property (including any necessary restoration to the condition it was in before it was seized) you have still lost time, effort, and reputation. Getting The State to indict one of its own on criminal charges of mis- and/or malfeasance is highly doubtful.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

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