Major 2nd Amendment WIN!!
04-20-2009, 09:52 PM
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Major 2nd Amendment WIN!!
The 9th Circuit Court has ruled in-favor of full incorporation of the Second Amendment under the 14th Amendment!
We therefore conclude that the right to keep and bear arms is “deeply rooted in this Nation’s history and tradition.” Colonial revolutionaries, the Founders, and a host of commentators and lawmakers living during the first one hundred years of the Republic all insisted on the fundamental nature of the right. It has long been regarded as the “true palladium of liberty.” Colonists relied on it to assert and to win their independence, and the victorious Union sought to prevent a recalcitrant South from abridging it less than a century later. The crucial role this deeply rooted right has played in our birth and history compels us to recognize that it is indeed fundamental, that it is necessary to the Anglo-American conception of ordered liberty that we have inherited. We are therefore persuaded that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment and applies it against the states and local governments.
http://themoderatevoice.com/29505/9th-circuit-incorporates-2nd-amendment/
In what is almost certainly going to result in a showdown at the US Supreme Court, the 9th Circuit Court Of Appeals has incorporated the 2nd amendment into the 14th amendment. In simple terms this is the first time that the 2nd amendment has been applied to limit the actions of an individual state, in this case the county of Alameda in the state of California.
Without getting too complicated in legal mumbo jumbo, the Bill of Rights was originally considered to only apply to limit the actions of the federal government. When the 14th amendment was passed there was debate as to how much it incorporated, or extended the provisions of the BoR to the individual states.
Over the 150 years or so since the 14th was passed, a number of provisions, mostly the 1st, 4th and 5th amendments have been applied to the states, but not the 2nd. This could be a problem for many gun control laws and follows in the basic pattern of the Heller decision last year which applied the law to the District of Columbia.
Clearly this is going to be appealed. I’m somewhat surprised at the lack of media coverage so far (which explains the lack of a link to a major news source). It is worth noting that the three judge panel which issued the ruling consisted of a Carter, Clinton and Reagan appointee, so in theory 2 of them were Democrats.
The ruling can be found at http://www.ca9.uscourts.gov/datastor...20/0715763.pdf
THIS IS HUGE!
We therefore conclude that the right to keep and bear arms is “deeply rooted in this Nation’s history and tradition.” Colonial revolutionaries, the Founders, and a host of commentators and lawmakers living during the first one hundred years of the Republic all insisted on the fundamental nature of the right. It has long been regarded as the “true palladium of liberty.” Colonists relied on it to assert and to win their independence, and the victorious Union sought to prevent a recalcitrant South from abridging it less than a century later. The crucial role this deeply rooted right has played in our birth and history compels us to recognize that it is indeed fundamental, that it is necessary to the Anglo-American conception of ordered liberty that we have inherited. We are therefore persuaded that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment and applies it against the states and local governments.
http://themoderatevoice.com/29505/9th-circuit-incorporates-2nd-amendment/
In what is almost certainly going to result in a showdown at the US Supreme Court, the 9th Circuit Court Of Appeals has incorporated the 2nd amendment into the 14th amendment. In simple terms this is the first time that the 2nd amendment has been applied to limit the actions of an individual state, in this case the county of Alameda in the state of California.
Without getting too complicated in legal mumbo jumbo, the Bill of Rights was originally considered to only apply to limit the actions of the federal government. When the 14th amendment was passed there was debate as to how much it incorporated, or extended the provisions of the BoR to the individual states.
Over the 150 years or so since the 14th was passed, a number of provisions, mostly the 1st, 4th and 5th amendments have been applied to the states, but not the 2nd. This could be a problem for many gun control laws and follows in the basic pattern of the Heller decision last year which applied the law to the District of Columbia.
Clearly this is going to be appealed. I’m somewhat surprised at the lack of media coverage so far (which explains the lack of a link to a major news source). It is worth noting that the three judge panel which issued the ruling consisted of a Carter, Clinton and Reagan appointee, so in theory 2 of them were Democrats.
The ruling can be found at http://www.ca9.uscourts.gov/datastor...20/0715763.pdf
THIS IS HUGE!
Last edited by yetibear; 04-20-2009 at 10:00 PM.
04-21-2009, 05:28 AM
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I am shocked.... that the 9th Circuit did this, there has to be an ulterior motive.
They must be sure, now that we have that Obama character in the White House, that SCOTUS will overturn them, knocking down the 2nd Am movement everywhere....
There is no way that a good, common sense decision like this came out of the 9th without some twist, some bizarre, uber-liberal slant... it just doesn't seem possible!
They must be sure, now that we have that Obama character in the White House, that SCOTUS will overturn them, knocking down the 2nd Am movement everywhere....
There is no way that a good, common sense decision like this came out of the 9th without some twist, some bizarre, uber-liberal slant... it just doesn't seem possible!
Exactly what I was thinking... but I agree with and applaud the ruling, nonetheless. 
