Bottom line..can weapons be banned or not?
- Thread starter inSight-NEO
- Start date
- Status
X-Rap
It's unprecedented not unpresidented
SC decisions do not get 180 degreed in times measured in less than long decades
The President cannot appoint SC justices all he can do is nominate, it has then to be submitted to the Senate Judiciary Committee and then voted on by the Senate.
It's unprecedented not unpresidented
SC decisions do not get 180 degreed in times measured in less than long decades
The President cannot appoint SC justices all he can do is nominate, it has then to be submitted to the Senate Judiciary Committee and then voted on by the Senate.
X-Rap
Member
- Joined
- Sep 23, 2006
- Messages
- 6,657
Oh and you are correct in that the pres. does only nominate but this point is moot since he will likely have the least resistance in history aside from FDR possibly. Nominations for federal judges and legislation should come easy for Dear Leader for a few years at least, maybe more if they can twist and spin enough.
X-Rap,
Read the Constitution and relevant law and see how a SC justice is nominated and appointed.
Roosevelt threatened to stack the court in 1937 and that was blown out of the water.
Probability of the Circuit Judges Act (1869) being repealed and replaced to allow this, pretty minimal.
Unless the current administration has a 60% filibuster breaking majority in Senate and Congress I'm not aware about, it ain't happening.
Federal and circuit courts can and do make rulings that can affect constitutional law or serve to create case law and interpretation of the same. They do not however "own" constitutional law that is solely the within the remit of the SC who are VERY careful of their privileges.
Heller is a good example in which the SC has finally made a basis ruling on 2A but without a full clear cut set of cast in stone guidance.
For example, 2A was IMPLIED but not ruled as incorporated and in theory is only applicable to DC.
The current Chicago hand gun and the California Nordyke cases will be heard at the circuit level and will rule to act to incorporate, or otherwise, 2A.
I can almost guarantee that any incorporation or failure to agree to incorporation will immediately be appealed to the SC which will then have to make the call. The SC will either accept the appeal and make a ruling or say, in effect "We agree so we do not grant certiori."
So a lower court will have had input but cannot have final say, this is why I said, you have to now the rules to play the game.
For example if a the lower court try and leverage a pre-existing non constitutional basis law to override a constitutional guarantee it gets appealed, bounced to the SC and quashed.
I trust this answers your concerns
Read the Constitution and relevant law and see how a SC justice is nominated and appointed.
Roosevelt threatened to stack the court in 1937 and that was blown out of the water.
Probability of the Circuit Judges Act (1869) being repealed and replaced to allow this, pretty minimal.
Unless the current administration has a 60% filibuster breaking majority in Senate and Congress I'm not aware about, it ain't happening.
Federal and circuit courts can and do make rulings that can affect constitutional law or serve to create case law and interpretation of the same. They do not however "own" constitutional law that is solely the within the remit of the SC who are VERY careful of their privileges.
Heller is a good example in which the SC has finally made a basis ruling on 2A but without a full clear cut set of cast in stone guidance.
For example, 2A was IMPLIED but not ruled as incorporated and in theory is only applicable to DC.
The current Chicago hand gun and the California Nordyke cases will be heard at the circuit level and will rule to act to incorporate, or otherwise, 2A.
I can almost guarantee that any incorporation or failure to agree to incorporation will immediately be appealed to the SC which will then have to make the call. The SC will either accept the appeal and make a ruling or say, in effect "We agree so we do not grant certiori."
So a lower court will have had input but cannot have final say, this is why I said, you have to now the rules to play the game.
For example if a the lower court try and leverage a pre-existing non constitutional basis law to override a constitutional guarantee it gets appealed, bounced to the SC and quashed.
I trust this answers your concerns
X-Rap
Member
- Joined
- Sep 23, 2006
- Messages
- 6,657
I'll stand by my concerns as I'm sure so will you. The problem is at the end of this you can bring my statements back up and I'll look silly if you are right, if you are wrong the last thing on both of our minds will be who was right.
All this chatter and posturing about who's right and wrong, does anybody understand the stakes? Or is this simply some kind of academic exercise for those of you who could care less?
In the last 4 months we have seen things in this country that are unprecedented in our history, is the trillion dollar bank bailout constitutional? How about printing 2 trillion in cash and turning it over to an appointee?
We are headed for some strange times and one should be cautious about believing things will happen as they have.
As each day passes we come nearer to that 60% mark and I wouldn't be suprised to see it passed.
All this chatter and posturing about who's right and wrong, does anybody understand the stakes? Or is this simply some kind of academic exercise for those of you who could care less?
In the last 4 months we have seen things in this country that are unprecedented in our history, is the trillion dollar bank bailout constitutional? How about printing 2 trillion in cash and turning it over to an appointee?
We are headed for some strange times and one should be cautious about believing things will happen as they have.
As each day passes we come nearer to that 60% mark and I wouldn't be suprised to see it passed.
Fleetwood_Captain
Member
I tend to agree with George Carlin when it comes to political matters.
Rights are conceptual matters, none of which are truly genuine.
In George Carlin's own words:
"if you think you do have rights, next time your at the computer... search for Japanese Americans 1942 and you'll find out all about your precious ****in' rights, ok... The only right they had, 'right this way' into these internment camps. Just when American citizens needed their rights the most, their government took em' away. And rights aren't rights if someone can take them away. Their privileges, and that's all we've ever had in this country. a bill of temporary privileges. And if you read the news, you know that every year the list gets shorter and shorter..."
Hell, the most violent and bloody war Americans have fought in over two hundred years is the civil war we fought with ourselves.
But of course you can trust the American government. Just ask any American Indian.
Rights are conceptual matters, none of which are truly genuine.
In George Carlin's own words:
"if you think you do have rights, next time your at the computer... search for Japanese Americans 1942 and you'll find out all about your precious ****in' rights, ok... The only right they had, 'right this way' into these internment camps. Just when American citizens needed their rights the most, their government took em' away. And rights aren't rights if someone can take them away. Their privileges, and that's all we've ever had in this country. a bill of temporary privileges. And if you read the news, you know that every year the list gets shorter and shorter..."
Hell, the most violent and bloody war Americans have fought in over two hundred years is the civil war we fought with ourselves.
But of course you can trust the American government. Just ask any American Indian.
IMO it wouldn't be that difficult for big ears to ban any type of weapons, clinton and gore did with biden authoring the awb, it's all just slight of hand
(look over here,not over here) with the country in peril as it now is, it's not hard to get the kiddies to focus their attn. in one direction (economy,housing,healthcare ect.) while they rob us of our rights in the other direction
information is power, obtain it and use it
(look over here,not over here) with the country in peril as it now is, it's not hard to get the kiddies to focus their attn. in one direction (economy,housing,healthcare ect.) while they rob us of our rights in the other direction
information is power, obtain it and use it
Guns and more
member
- Joined
- May 6, 2008
- Messages
- 1,929
Need I list the countries where guns were banned?
Can it happen here? Of course!
Can it happen here? Of course!
- Status