A year after its landmark ruling that the Second Amendment secures an individual, not collective, right to possess firearms, the Supreme Court signaled Wednesday that it will accompany it with another historic decision -- whether that right applies to states and localities.
The editor who wrote that editorial sums up the stakes very nicely. Based on the precedents and arguments that led to the adoption of the Fourteenth Amendment, covered by another article on the subject posted on this forum (http://www.gunandgame.com/forums/fir...-era-laws.html), I don't see how the Supreme Court can rule any way but that the Second Amendment is included in the rights incorporated into the states by the Fourteenth Amendment, which will stop the anti-gun movement in its tracks and render its specious arguments irrelevant.
Of course, that would be if we had a bunch of strict constructionists on the Court. Being that we have four leftists who would love to legislate from the bench on this issue, I realistically expect the same 5-4 split as with Heller, with the not-so-wise Latina casting her vote the same way Souter did his. I'd much prefer a 9-0 ruling in favor of the Second Amendment applying to all states and municipalities, but as I said a 5-4 split is about the best we can hope for.
The editor who wrote that editorial sums up the stakes very nicely. Based on the precedents and arguments that led to the adoption of the Fourteenth Amendment, covered by another article on the subject posted on this forum (http://www.gunandgame.com/forums/fir...-era-laws.html), I don't see how the Supreme Court can rule any way but that the Second Amendment is included in the rights incorporated into the states by the Fourteenth Amendment, which will stop the anti-gun movement in its tracks and render its specious arguments irrelevant.
Of course, that would be if we had a bunch of strict constructionists on the Court. Being that we have four leftists who would love to legislate from the bench on this issue, I realistically expect the same 5-4 split as with Heller, with the not-so-wise Latina casting her vote the same way Souter did his. I'd much prefer a 9-0 ruling in favor of the Second Amendment applying to all states and municipalities, but as I said a 5-4 split is about the best we can hope for.
I share your optimism and follow your logic, but remain skeptical. My gut tells me this may be the first of many "tipping points" that will put us further down the road of all government, all the time.
As I said, one thing we have going for us is the fact the ideological makeup of the Supreme Court is still on our side, despite the addition of the rookie leftist to the squad. When Heller was argued, based on what Ginsberg was asking Gura and her replies to his responses I really expected her to vote with Roberts and Scalia. I was surprised when she came down on the opposite side.
As the article said, a great deal will depend on how much weight is given to the argument that the Fourteenth Amendment incorporates the Bill of Rights into the legal fabric of all the states because the Constitution applies to the entire country and is the rock upon which our edifice of laws is built. If the justices accept that premise, and I believe the 5 conservatives do, we should get a ruling that explicitly states the Second Amendment applies to all fifty states and by extention, to all municipalities. However, I agree with you, sniper1958, that I'd feel a lot more confident if the Obamination's appointee did not have the arrogance she has shown and a much better track record regarding gun rights.
I fear if this one goes the other way, that registration is right around the corner? Yes, I hope I'm wrong. But seeing as how Sotomayer basically just replaced the vote that left, and as long as they go by the law, and not any of that swocial justice or other crap, it should again be a 5-4 vote.
But then, I feel that Justice Scalia I believe it was, knew it would come back in front of them regarding state rights and why he said what he did about there being a need or necessity or whatever it was for a state or municipality to regulate or have some regulations regarding firearms.
I truly fear it will be a larger margin decision going the other way this time? And as I said, if that happens, states, Illinois for one, will move to registration.
Again, I truly hope I'm way off and wrong...
__________________ "My next door neighbors two dogs have created more shovel ready jobs then Obama has." - Gary Johnson
