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Thread: SCOTUS will hear Chicago gun case arguments Tuesday!!

  1. #1
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    All eyes on SCOTUS gun rights showdown Tuesday

    Keep your eyes on the prize: Incorporation of the Second Amendment to the states and local governments

    http://www.examiner.com/x-4525-Seatt...n-ban-showdown

    Or try this:

    http://tinyurl.com/ycdu7ew

  2. #2
    Regular Member amzbrady's Avatar
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    Go Bears...
    If you voted for Obama to prove you are not a racist...
    what will you do now to prove you are not stupid?

    "The American people will never knowingly adopt socialism. But, under the name of "liberalism," they will adopt every fragment of the socialist program, until one day America will be a socialist nation, without knowing how it happened." - Norman Thomas

    "They who can who can give up essential liberty to obtain a little temporary safety, deserve niether liberty nor safety." - Ben Franklin

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    www.cnn.com has a poll about half way down the page asking if SCOTUS should uphold the ban. So far it's mostly YES!

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    Campaign Veteran gogodawgs's Avatar
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    sirpuma wrote:
    http://www.cnn.com has a poll about half way down the page asking if SCOTUS should uphold the ban. So far it's mostly YES!
    voted now is 53 in favor 47 against...
    Live Free or Die!

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    I do not like the way the question was worded. Maybe its just me.
    Throw me to the wolves and I will come back leading the pack.

  6. #6
    Regular Member trevorthebusdriver's Avatar
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    There was an article in the Seattle Times about this on Sunday.

    In it, it says "...Seattle, Sacramento, and eight other major cities urged the court to uphold Chicago's gun law.", and ""It was never the intent of the 14th Amendment to strip the states of their existing sovereignty to protect and regulate the right to bear arms and replace it with a federal standard," Seattle,Sacramento and other cities argued in their legal brief.""

    I just want to know who or what organization is "representing" Seattle? Is it the mayor's office? Is he part of
    M.A.I.G.? I don't see him listed on their web site...

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    Orphan wrote:
    I do not like the way the question was worded. Maybe its just me.*
    Yeah, it is just you.

    What is wrong with the question? It's a straight up, yes or no thing.

  8. #8
    Regular Member FMCDH's Avatar
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    sirpuma wrote:
    http://www.cnn.com has a poll about half way down the page asking if SCOTUS should uphold the ban. So far it's mostly YES!
    Well, it IS CNN. :quirky

    That a poll such as that hosted by CNN is even anywhere near 50/50 is a freeking miracle. :P

  9. #9
    State Researcher HankT's Avatar
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    Dave Workman wrote:
    Orphan wrote:
    I do not like the way the question was worded. Maybe its just me.
    Yeah, it is just you.

    What is wrong with the question? It's a straight up, yes or no thing.
    Should the Supreme Court uphold Chicago's 1982 handgun ban?



    It's a good item, probably even for people who don't know about the pending SCOTUS case.

    It should differentiate nicely, even though single item surveys do have their validityproblems....

  10. #10
    Campaign Veteran gogodawgs's Avatar
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    Now 51 for and 49 against. Getting closer.
    Live Free or Die!

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    Campaign Veteran ak56's Avatar
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    Still 51% for, 49% against.

    Just need a few more votes to tip it.
    No right is held more sacred, or is more carefully guarded, by the common law than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law. Union Pacific Rail Co. vs Botsford as quoted in Terry v Ohio.


    Talk to your cats about catnip - before it's too late.

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    50 / 50 now.
    Is cspan going to broadcast this like they did heller

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    Regular Member 1245A Defender's Avatar
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    50 50 now, my voting finger is sore, but it was worth it!
    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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    State Researcher HankT's Avatar
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    1245A Defender wrote:
    50 50 now, my voting finger is sore, but it was worth it!
    How many times did you vote, 12?

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    Regular Member 1245A Defender's Avatar
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    HankT wrote:
    1245A Defender wrote:
    50 50 now, my voting finger is sore, but it was worth it!
    How many times did you vote, 12?
    only once of coarse but it was early, and im tired from no sleep last night:shock:
    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!

  16. #16
    Regular Member Gilead_Gunslinger's Avatar
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    you know in chicago they say... vote early and OFTEN.....
    I aim with my eye... I shoot with my mind... I kill with my heart....
    - The Gunslinger's Litany (paraphrased)

    It has been brought to my attention that the stick figure decals on
    the back windows of vehicles are NOT pedestrian 'kill' scores, but are
    actually meant to represent family members. I'll be removing mine
    ASAP to avoid any further confusion.........

    First comes smiles, then lies. Last is gunfire.

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    State Researcher Bill Starks's Avatar
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    http://www.cnn.com/2010/CRIME/03/02/....html?hpt=Sbin

    Tuesday's hourlong arguments focused mainly on the whether the Second Amendment should be "incorporated" or applied to state and local laws like most of the other amendments in the Bill of Rights.
    James Feldman, the attorney for the city of Chicago, told the justices that gun laws are different. "Firearms are designed to injure and kill," Feldman said.
    That argument brought skepticism from several conservatives on the bench.
    "Your position is that a state or local government could completely ban all firearms?" Justice Samuel Alito asked Feldman.
    Justice Antonin Scalia said the court's 2008 ruling over Washington's law applied this time, too. "The function of what was codified" in the Second Amendment, he said, "was to enforce the traditional right of the people to bear arms."
    Chief Justice John Roberts downplayed concern of a sweeping ruling that might cripple cities from finding ways to prevent violence. The extent of gun rights are "still going to be subject to the political process," Roberts said.
    A number of others, led by Justice Stephen Breyer, sought to limit the court's ruling striking the handgun ban in Washington. That decision offered at least partial constitutional validation to citizens seeking the right to possess one of the most common types of firearms in their homes.
    The Justice Department estimates as many as 275 million guns are in the United States. In 2005, three-quarters of the 10,100 homicides by firearms nationwide were committed with handguns.
    "Chicago says that their gun law has saved hundreds, including -- and they have statistics -- lots of women in domestic cases," Breyer said. "When you have the First Amendment, or some of the other amendments, there is always a big area where it's free speech versus a whole lot of things, but not often free speech versus life. When it's free speech versus life, we very often decide in favor of life."
    Underpinning the legal basis for the court's jurisdiction in this appeal is a complex reading of the 14th Amendment, passed in the wake of the Civil War to ensure all citizens -- including newly freed slaves -- were protected from state laws that might restrict their fundamental rights.
    One part ensures states cannot deprive people of "life, liberty, or property, without due process of law." That has been commonly applied by federal courts when it comes to disputes over basic rights, so-called "ordered liberty" cases. Such cases include affirming the right to abortion and to homosexual sex.
    But another rarely used provision also prevents states from depriving the "privileges or immunities" of all citizens. The specific question for the high court in the Chicago case is whether the "immunities and privileges" clause should now be used to overturn the handgun ban. An 1873 ruling limited use of that provision when striking down a variety of state laws.
    Alan Gura, the attorney for Chicago activist McDonald, has promoted a new reading of the clause in his lead role representing gun owners.
    However, the current court appeared reluctant to revive that argument, seemingly content to apply the "due process" standard to Chicago's handgun law.The National Rifle Association supports that position.
    The constitutional theories are dense, but some legal scholars have said they think if the high court embraces this "privileges and immunities" clause, it could open up to fresh review a huge range of issues, such as property rights and same-sex marriage.
    Courts have generally upheld other cities' restrictions on semiautomatic weapons and sawed-off shotguns. The high court's conservative majority has in recent years upheld a California ban on assault rifles, similar to a federal ban that expired in 2004.
    Forty-four state constitutions protect their residents' right to keep weapons, according to a brief filed by 32 state attorneys general in support of the individual weapons owners in the current appeals.
    Some constitutional experts have noted the Bill of Rights had traditionally been applied by courts only to the federal government, not to local entities. It was not until the past half-century that the justices have viewed free speech, assembly and the press -- among other rights -- as individual in nature, and fundamental to liberty, superseding in many cases the power of states.
    There have been limits. The high court repeatedly has refused to extend to states the Fifth Amendment requirement that persons can be charged with serious crimes only by "indictment of a grand jury."


  18. #18
    Regular Member 1245A Defender's Avatar
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    feldman sounds like a drunken sailor in a leaking life boat,,, drilling a hole in the bottom, to let the water out!:celebrate

    BTW i WAS a drunken sailor a couple of times between oct 1971 thru 1975
    and a drunken sailboater a couple of times between 1992 and 2000:shock:
    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!

  19. #19
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    What's the latest in this case? Any ideas on how soon we may see a ruling?
    I am the person responsible for myself, my wife and my son. I take that VERY seriously.

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    tyguy808 wrote:
    What's the latest in this case? Any ideas on how soon we may see a ruling?
    The ruling is thought to be due in June sometime.
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

    "though I walk through the valley in the shadow of death, I fear no evil, for I know that you are by my side" Glock 23:40

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