Tuesday, June 16, 2009

Incorporating the Second

From the NYT:
Even if the Second Amendment becomes the controlling law of every state and town, constitutional scholars say it is still unlikely that gun laws would be overturned wholesale. The Supreme Court’s Heller decision last year, notes Nelson Lund, a law professor at George Mason University, “clearly indicates that governments will still have wide latitude to regulate firearms.”

Even the Ninth Circuit in California, while applying the Second Amendment to the states, still upheld the gun ordinance that gave rise to the lawsuit.

Eugene Volokh, a law professor at the University of California, Los Angeles, said the view of the Ninth Circuit reflected what polls have said was, by and large, the view of the American people.

“There is a right to bear arms,” Professor Volokh said, “but it’s not absolute.”


Anonymous said...

In the end, we will have no rights other than to "O-bey", with a regime that is in power that wants it that way; the Constitution not withstanding.
Further, those "wants" will be supported by a people that is unlike any that this country has ever known, other than those outside it's borders. The "cult" of followers that currently supports this movement has no idea where they are taking this country.
Life Member

Clark Kent said...

It's healthier, IMO, to go state by state, anyway. For a number of reasons. Gives us more local control, and therefore more incentive to actively participate in the electoral process. A state in our corner sends a strong message to Washington. The more states in our corner the more Washington must pay heed. The kind of woebegone wailing from "Life Member" is the whimper of a victim curled into a fetal position waiting to be put out of his misery. The all-or-nothing mentality is childish. There are plenty of battles left for us to fight. Start right at home in your own community.

EJ said...

I feel it is important wherever we go, that we make it clear we are working for the Restoration of our Rights, that have been taken away.

These are not simply Rights we never had as a people. In the beginning of this Nation's history, we all had the right to Keep and Bear Arms.

Only as laws have been passed, have our rights been restricted. We are trying to restore our Rights, not create new rights.

Anonymous said...

I just wish that, as cultists, "they" would hurry up and do a "Jim Jones" or a "Heavens Gates".

B Woodman

Anonymous said...

Clark Kent,
Thanks for the "reality check". I did not articulate my thoughts completely. After re-reading what I wrote, I agree with your assessment. My pessimism got in my way. Criticism accepted.
You are right about continuing the fight. My other notes should reinforce to you that I do not quit, as you do not. I am also active at all levels.
We can not lose sight of the fact that the "stacked" courts are working methodically to wipe out our basic rights. That's why scholars that agree that the Second Amendment is a God-given Right acknowledged by the Constitution also agree that those very rights can be infringed upon, due to prior court findings. If we don't change what is going on, we will move one step closer to full bans. "EJ" says it well there.
Thanks again for your comments.
Life Member

Clark Kent said...

Life Member - Glad we're on the same team.