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Thread: Supreme Court declines challenges to gun laws

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    Re: Supreme Court declines challenges to gun laws

    Quote Originally Posted by Bob Blaylock View Post
    I do not see any basis for a “states' rights” argument here. There is no “states' right” to violate the Constitutional rights of the people. “States' rights” only apply to powers that the Constitution does not explicitly delegate to the federal government, nor prohibit to the states. Nowhere does the Constitution delegate any power to the federal government to infringe the people's right to keep and bear arms, and the Second Amendment explicit denies this “right” to all levels of government. This is a right that belongs to the people, and neither the states nor the federal government have any legitimate authority to interfere with this right.
    Since Heller, the Court has said no one can have a complete ban on a Constitutional Right- howsomever the Court has said several times Rights can be regulated. Prohibiting Open Carry, especially in Texas, doesn't prohibit a citizen from protecting themselves as concealed carry is pretty easy to obtain.

    The phrase- "A well regulated Militia..." means different things to different people. What matters is what it means to the Supreme Court.

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    Re: Supreme Court declines challenges to gun laws

    Quote Originally Posted by Bob Blaylock View Post
    I do not see any basis for a “states' rights” argument here. There is no “states' right” to violate the Constitutional rights of the people.

    “States' rights” only apply to powers that the Constitution does not explicitly delegate to the federal government, nor prohibit to the states.

    Nowhere does the Constitution delegate any power to the federal government to infringe the people's right to keep and bear arms, and the Second Amendment explicit denies this “right” to all levels of government. This is a right that belongs to the people, and neither the states nor the federal government have any legitimate authority to interfere with this right.
    Why do some people only make this argument for the Second Amendment? What about the freedom of and from religion--are the states exempt from protecting that? What about the right for all adult citizens to vote--do the states get to oppress that?

    Protip: Those who are not too enthusiastic about gun rights might be more willing to give them a second chance if more gun enthusiasts would support ALL human rights, not just the rights they like.
    "A man you can bait with a tweet is not a man we can trust with nuclear weapons." --Hillary Rodham Clinton
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    Re: Supreme Court declines challenges to gun laws

    Quote Originally Posted by MaggieD View Post
    It mystifies me that SCOTUS can refuse to hear cases. When they've wound their way up the ladder, they should ALL be heard with the exception of those issues that have been ruled on in, say, the last ten years. *shrug*
    Maybe there was something wrong technically with the case.
    "He who does not think himself worth saving from poverty and ignorance by his own efforts, will hardly be thought worth the efforts of anybody else." -- Frederick Douglass, Self-Made Men (1872)
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    Re: Supreme Court declines challenges to gun laws

    Quote Originally Posted by Phys251 View Post
    Why do some people only make this argument for the Second Amendment? What about the freedom of and from religion--are the states exempt from protecting that? What about the right for all adult citizens to vote--do the states get to oppress that?

    Protip: Those who are not too enthusiastic about gun rights might be more willing to give them a second chance if more gun enthusiasts would support ALL human rights, not just the rights they like.
    Prove they don't.
    "He who does not think himself worth saving from poverty and ignorance by his own efforts, will hardly be thought worth the efforts of anybody else." -- Frederick Douglass, Self-Made Men (1872)
    "Fly-over" country voted, and The Donald is now POTUS.

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    Re: Supreme Court declines challenges to gun laws

    Quote Originally Posted by American View Post
    Prove they don't.
    Prove a negative? And did you notice I said "more," not, "at least a certain percentage"?
    "A man you can bait with a tweet is not a man we can trust with nuclear weapons." --Hillary Rodham Clinton
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    Re: Supreme Court declines challenges to gun laws

    Quote Originally Posted by American View Post
    Prove they don't.
    Anyone who is pro-2nd Amendment (in favor of the right to keep and bear arms) and pro-war on drugs (in opposition to the right to put what you want into your own body) is a perfect example.

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    Re: Supreme Court declines challenges to gun laws

    Quote Originally Posted by Binary_Digit View Post
    Anyone who is pro-2nd Amendment (in favor of the right to keep and bear arms) and pro-war on drugs (in opposition to the right to put what you want into your own body) is a perfect example.
    An example is not a norm. He's making blanket statements about Pro-2A people.
    "He who does not think himself worth saving from poverty and ignorance by his own efforts, will hardly be thought worth the efforts of anybody else." -- Frederick Douglass, Self-Made Men (1872)
    "Fly-over" country voted, and The Donald is now POTUS.

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    Re: Supreme Court declines challenges to gun laws

    Quote Originally Posted by Phys251 View Post
    Why do some people only make this argument for the Second Amendment? What about the freedom of and from religion--are the states exempt from protecting that? What about the right for all adult citizens to vote--do the states get to oppress that?

    Protip: Those who are not too enthusiastic about gun rights might be more willing to give them a second chance if more gun enthusiasts would support ALL human rights, not just the rights they like.
    Honestly, I have no idea what you're talking about.

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    Re: Supreme Court declines challenges to gun laws

    Quote Originally Posted by Gaius46 View Post
    I assume you mean the "well regulated militia" clause. This is a common misconception. It is a justification for the right (and not the only one at that), not a limitation on the exercise of the right.

    I'm guessing if anything gets to the SC it'll be the recent 9th circuit decision in Peruta v City of San Diego.
    This is your opinion. Do not try to pass it off as fact.

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    Re: Supreme Court declines challenges to gun laws

    Quote Originally Posted by MaggieD View Post
    It mystifies me that SCOTUS can refuse to hear cases. When they've wound their way up the ladder, they should ALL be heard with the exception of those issues that have been ruled on in, say, the last ten years. *shrug*
    SCOTUS gets petitions for certiorari (a request to hear a case) for thousands of cases a year but can only do justice to 50-100 cases. There just isn't time for more so there has to be some winnowing process. They like to pick cases that bear on important Federal questions or in cases where different Federal courts have ruled differently on the same question (as in the case I mentioned). Or sometimes just because the justices find the question interesting.
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