McDonald SCOTUS Decision -- Master Thread

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Just curious...

....but where did Sotomoyer ,Breyer etc get this stat about Chicago's gun ban saving "hundreds of lives". I mean, I thought SC decisions were high octane enough to prohibit throw away nonsense like that - unless backed by reasonable facts.

The fact that they tossed that in to an opinion (if unsupported) makes them at best look like idiots, at worst the usual caricature of some left wing judicial toady .


By the way - how hard it it to impeach/remove a SC justice?




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The dissenters drew different conclusions from the historical evidence.

“The reasons that motivated the framers to protect the ability of militiamen to keep muskets available for military use when our nation was in its infancy, or that motivated the Reconstruction Congress to extend full citizenship to freedmen in the wake of the Civil War, have only a limited bearing on the question that confronts the homeowner in a crime-infested metropolis today,” Justice John Paul Stevens wrote in his last dissent before retiring from the court.

He said the court should have proceeded more cautiously in light of “the malleability and elusiveness of history” and because “firearms have a fundamentally ambivalent relationship to liberty.”

“Just as they can help homeowners defend their families and property from intruders,” he wrote, “they can help thugs and insurrectionists murder innocent victims. The threat that firearms will be misused is far from hypothetical, for gun crimes have devastated many of our communities.”

In a dissent joined by Justice Ginsburg and Sotomayor, Justice Breyer said history did not provide clear answers and that the empirical evidence about the consequences of gun control laws are mixed. But there was evidence, he said, that firearms caused 60,000 deaths and injuries in the United States each year and that Chicago’s handgun ban has saved many hundreds of lives since it was enacted in 1983.

All of that, Justice Breyer wrote, counseled in favor of deference to local elected officials in deciding how to regulate guns.
 
It's not PC, but I'm of the idea that a belief doesn't become automatically reasonable and valid just because somebody chooses to promote it.

There's a difference in a well reasoned position (such as the argument about whether non-violent felons should be allowed to own guns) and an emotionally-charged distrust of other law-abiding gun owners. He claimed that for some reason, people who work in a Federal building shouldn't be allowed to carry, without providing any reasonable arguments for his position. Why would you defend somebody's belief when they can't even defend it themselves?

There is right and wrong. Opinion isn't all that matters, and feelings often lead people off the path of logic and down the road of emotional hand-wringing and fear. In my opinion, emotion and fear have no place in the discussion of legal rights.

I have no problem debating someone who has a reasoned, well-defended position. No one should expect that they can promote an elitist, emotional view of other gun owners without being challenged.


When he first took office, one of the most prominent policy points on the White House website was the desire to re-up the failed 1994 "Assault Weapons Ban". Holder leaked word of that plan and a firestorm erupted, and he's been quiet on the subject since.

Do not mistake his silence with lack of willingness. This administration lets no crisis go to waste. You'd better believe that if anybody shoots up a mall with semi-auto AK clone in the next couple of years, he'll be ready to support a ban.

Look down your long nose in contempt at that opinion if you'd like, but I read his explicit intent on the White House website with my own eyes back in 2009.

Keep in mind that his blanket support for amnesty, cap and tax, and the massive health care bill are horribly unpopular, but he still pushed forward. Don't imagine that popular opinion will sway our President when he's doing what he thinks is right. (Sorry to veer from the topic of guns, but I'm just using those examples as evidence that popular opinion hasn't proven effective in dissuading President Obama from his agenda before).
Davis you realize there is two sides to every political position right? Did it occur to you that he has a base too that he has to appease? On the gun issue, it's by far a losing proposition, the country has shifted, but that does not mean he has to follow polls without throwing a bone to the base. I mean all that news of agenda may very well have been planned with no intention of really pursuing it no? There is political calculus in most things and most are also not accidental. Now don't go assuming healthcare is "hugely" unpopular. I mean there is the flip side of the coin too. It is unpopular among those who didn't vote for him yes, and even some independents. But if he didn't do it, he also stood to loose a big part of the base that supports it. I take it that you get your news from fox maybe? Turn on MSNBC and see the other side is just as fervent and "right" as your side. All I am really saying is don't be too sure about statistics you see and what people claim is hugely popular or unpopular because it always depends on which side of the camp is spreading the biased news. In the US we really only have opinion networks, and I dare say we have no true independent news networks without an agenda so take all news with a grain of salt. Sad but true IMO.
 
Shootist, there is no way to know for fact the gun ban saved any lives in Chicago. there also no way to definitively know it didn't its all an opinion. I also take exception to calling people on SC idiots. I suspect they are mosltly smarter than you and I, at least academically. :evil:
Anyhow its all opinion. Even our side is all opinion. We like what the decision was because we are of the same opinion, but who is to say we are absolutely right and they absolutely wrong, its all opinions, just that we are on the side that won. As much as we don't like their opinion, there are millions who hate Alito and companies opinions too. Again 2 sides to this coin. The other side has as much right as we do to get their opinions represented, thats what democracy is all about right? We can all be Americans united under one flag but vehemently disgaree unlike other countries where one side just results to wiping out the side they disagree with. :eek:

Either way, we won. Lets just savor the victory and wish this draconian needless laws "saving thousands of lives" in such esteemed cities as Chicago and NY will be thrown out. Broomberg got money to burn though so I don't know if NY will be benefiting any time soon. Didn't he change the constitution to allow himself another term? Just like the 3rd world despots? What do you expect from a guy like him? They have a mountain to climb over there for sure.
 
What's very annoying is that Sotomayor was asked point blank in her confirmation hearings if she believed in an individual right to own a gun; she said she did. Then she turns around and votes against that individual right for all in America to own a gun in this case. Of course it's no suprise she voted no, since anyone Obama appoints will have already made up their mind to vote agains the 2nd Amendment in any gun case no matter what it is; it's more that she outright lied to Congress in her hearings. Isn't lying to Congress during a hearing a federal felony?
No she didn't lie, she just believes in the right of localities to "regulate" violence even if it means trumping someones right. We all have a right to vote right? We all believe everyone has that right ok? Once you are a convicted felon they take that right away don't they? Inmates can't vote, but last I checked "everyone" includes them no? As annoying as her decision was, I think she did not lie, they just asked the wrong question. You also cannot demand answers to every fathomable question to every judicial problem from a prospective judge, and you also cannot disqualify them based on just their answer, otherwise it would be pointless to have a SC, rather just hand down dictates. You win some, loose some, but point is we won, period.
 
While I have never been a fan of Justice Scalia, his opinion was a real treat, as was Alito's.

I read the opposing opinions. Breyer's was well thought-out and provided plenty of precedent to support it. Stevens', on the other hand, was a bit hard to follow and didn't, as Scalia noted, make much sense.

What will the President say? Probably very little; he has known since early in his term that more gun control was a political loser. The repudiation of a renewal of the Assault Weapons ban by many members of his own party, plus the loosening of gun control laws in most of the United States showed public opinion was not supportive.

As to reversing the McDonald decision should Kagan be confirmed, that may be harder than you think. The decision places the Second Amendment on the same ground the first and defines it as guaranteeing the right of the citizens to keep and bear arms, specifically handguns, for self-defense. Rights are pretty tough to trample, once they have been affirmed. In addition, the federal government has now extended its authority over the states, something that is even more seldom reversed. A precedent has been set for future court decisions and a new body of law will grow up around that precedent.

While it may not sway the insanity in California, Illinois and New York, the new ruling could have some very positive benefits in other states. More "shall-issue" laws, more states adopting the "Castle Doctrine" and limiting civil liability for lawful use of deadly force. Maybe even some additional states deciding to jump on the Alaska-Arizona-Vermont bandwagon and trusting their citizens with firearms. I would love to see Texas do that; the politicians still owe us for the hundred-plus years we couldn't carry handguns at all.
 
@USMarine:

I read (I think in this thread) that the reason it was remanded back to the 7th rather than overturned is simply that the 7th did rule correctly at the time, deferring to (previous) precedent. Thus with brand-new precedent to follow, they now properly have been given the opportunity to reconsider.

IANAL, but it sounds reasonable (if somewhat frustratingly circuitous) to me.
 
I read (I think in this thread) that the reason it was remanded back to the 7th rather than overturned is simply that the 7th did rule correctly at the time, deferring to (previous) precedent. Thus with brand-new precedent to follow, they now properly have been given the opportunity to reconsider.


Didn't SCOTUS basically "reconsider" the case for them?



It seems like they could just over-turn the case and leave it at that instead of more wasted effort in deciding what SCOTUS just decided.

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As an ignorant Kiwi, what i don't understand is this - if the right to own (and bear?) arms is a right, how does it become a requirement to (a) licence (b) obtain permission [a permit to carry, whether ccw or ocw] (c) pay fees to excercise that "right"? What right do your states have to effectively charge you to excercise your rights? Okay taxes help the world revolve, but from what I have seen, those states have no requirement to protect their citizens, even if a protection order is granted to an applicant, i.e. an abused or threatened person (spouse, whatever). How is this logical? You PAY to obtain your "right"???
 
Its due to the right being chipped away at for a few centuries. The more timid of our society wig out and in fear go with these acts since they see the tool as the threat, not the violent individual wielding it.
 
I read (I think in this thread) that the reason it was remanded back to the 7th rather than overturned is simply that the 7th did rule correctly at the time, deferring to (previous) precedent. Thus with brand-new precedent to follow, they now properly have been given the opportunity to reconsider.




It looks like you are right.



http://www.latimes.com/news/nationworld/nation/la-na-court-guns-20100629,0,4155332.story



The court did not explain why it stopped short of striking the Chicago ordinance. But in the last two years, a federal judge and the U.S. court of appeals said that high court precedents barred them from striking down the Chicago ordinance. Now that those precedents have been set aside, the high court may have thought the judges in Chicago deserved the chance to rule directly on the constitutionality of the city's handgun ban.



But why?


So that the Federal Court of Appeals can save face?

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Ah, you see, there's the rub! Every license is by definition establishment of a privilege and NOT a right. It is government permission to do an activity that can be revoked by said government.

All firearms licenses regarding ownership are thus technically null and void since we do not HAVE to get PERMISSION from the government to exercise a RIGHT.

That said, there could be nothing unconstitutional about a national registry unless the Roe v. Wade right to privacy thing were cleverly exploited.
 
What is Ironic... is that Mr. McDonald, on Fox News admitted to voting for both Daley Sr. and Daley Jr. ... If people keep voting for idiots like this ... there can never be an end to this process ... he probably voted for Obama knowing that his was anti-gun too!
 
He could hold a black mass and call up Satan to drink beer and watch the Cubs game and he would still be alright with me. :)
Hundreds of thousands of real people and many not real people voted the Daleys in. Only one man put his name on a lawsuit that helped re-establish one of the basic civil rights.
 
...how does it become a requirement to..pay fees to excercise that "right"?
You have the right to eat but the governement has the power to collect sales tax on the food you buy.

I think the idea is expressed this way (going from memory, too lazy to look it up):

“…to protect these rights governments are instituted among men, deriving their power from the consent of the governed…”

We Americans decided a few hundred years ago to have a government, one of our own choosing, different from the one we were born under. Out ancestors fought a war to get out from under the old government, and after much debate, compromise and a false start, they set up the new one we have now. We (well, ½ of us) vote for most of the members of our government. Those we elect want to stay elected, and will do what they think they have to stay elected. Mostly they lie and buy our votes with our own money. But if enough of us pay attention, do not allow ourselves to be deceived, and constantly threaten to vote them out, the elected ones will (mostly) do what we want.

But regardless we are governed by our government. We elect them, they pass a law, we have to follow it.

Just because the Supremes say licenses, registration, fees, taxes, etc on firearms are constitutional does not mean we have to have them. Most States do not have anything other than sales tax on rifles and shotguns. If we want handguns to be the same way we need to be responsible firearms owners to convince enough other voters that they should want the same thing.
 
Quote from kiwiken:
Here in New Zealand, we don't have a constitution, and the ownership of firearms is a privilege, not a right. We must obtain a firearms licence before obtaining a firearm. Firearms owners are licenced, firearms are not.

Hey Kiwiken, at least semi auto longarms are legal on your side of the Tasman.
 
I am unsure if we could successfully argue that a "machine gun" would be a preferred firearm to keep and use for protection of one's home and family.
I noticed that too.

If I remember correctly (again I’m too lazy to look it up) Heller state the types of arms protected by the 2cd are those “in common use at the time.” It also defined the “bear” part of the RTKBA as “use for traditionally lawful purposes, such as self defense in the home.” Self defense in the home is one traditionally lawful purpose, and the only one expressed mentioned in Heller, but presumably it is not the only one.

In light of this precedent, the argument that machine guns are protected by the 2cd will have to be they were in common use when the NFA and the 1968 gun control laws were passed, making it difficult and expensive to own machine guns, and taking them out of common use. And the argument will have to claim machine guns are suitable for at least one traditionally lawful purpose.
 
It looks like you are right.



http://www.latimes.com/news/nationworld/nation/la-na-court-guns-20100629,0,4155332.story







But why?


So that the Federal Court of Appeals can save face?

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It's likely that it was remanded back to the 7th Circuit to have the lower court determine if the other 3 complaints violate the newly incorporated 2nd Amendment.

I) Chicago Municipal Code Section 8–20-200, Annual re-registration requirement

II) Chicago Municipal Code Section 8–20-050, pre-registration requirement (prior to taking possession)

III) Chicago Municipal Code Section 8–20-200 (c), failure to timely register causes firearm to be permanently unregisterable.
 
It looks like you are right.

http://www.latimes.com/news/nationworld/nation/la-na-court-guns-20100629,0,4155332.story

But why?

So that the Federal Court of Appeals can save face?

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Because the system doesn't take into account lawyer's fees, the passage of time, or the amount of future cases it might avoid in issuing a decision. Else in Heller they'd have said "Yeah, the 2A protects an individual right to self-defense. And given the 14th, it is incorporated against the states. Strict scrutiny in theory but 'we'll know it when we see it' in fact. Bans no, NFA is okay, some sort of carry has to be allowed, and Fenty/Daley/Nutter/Newsom/Menino/Bloomberg: cut the crap because if you play games with us you are going to federal pound-me-in-the-nethers prison, okay?"

Think about rulings that you don't like (from SCOTUS or elsewhere on civil issues) and imagine how unpleasant it would be if those judges had the latitude to attempt to answer future responses to their current case result, and as annoying as the current system is it becomes palatable in comparison.

Edit: jbrown50 above has a better answer specific to this case, too. :)
 
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Re: Shootist above.... did anybody see something in the Declaration saying, " When in the course of Human Events, we need to save hundreds of lives, so we throw ourselves at the foot of King George to make all our laws and regulate our lives"?
 
I also take exception to calling people on SC idiots. I suspect they are mosltly smarter than you and I, at least academically. :evil:

Regarding certain justices in the Supreme Court, I submit that stupid is as stupid does. Opinions are just opinions, sure, but when one bases opinions on unfounded premises and give opinions that do not address the actual questions being asked, well, that's just stupid. I've met plenty of well-educated but stupid people in college, so I don't see what academics have to do with anything.
 
I also take exception to calling people on SC idiots. I suspect they are mosltly smarter than you and I, at least academically

I'm not sure of that anymore. Read the Stevens dissent. He really doesn't seem to have the slightest clue what he's going on about. Scalia rips him pretty good for it as well.
 
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Reading his opinion--which repeatedly states self defense is not a fundamental right...

Was that Breyer?
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Rainbowbob

Yes, that was Breyer. Here's a sample of what he--with Ginsburg and Sotomayor--had to say about the right of self defense:

"[E]xamination of the Framers' motivation tells us they did not think the private armed self-defense right was of paramount importance...Further, there is no popular consensus that the private self-defense right described in Heller is fundamental."

But wait, there's more:
"In sum, the Framers did not write the Second Amendment in order to protect a private right of armed self defense. There has been, and is, no consensus that the right is, or was, 'fundamental.' No broader constitutional interest or principle supports legal treatment of that right as fundamental. To the contrary, broader constitutional concerns of an institutional nature argue strongly against that treatment."

This is what gets me about Breyer's approach to law--I can respect a difference of opinion, but in this case he's just making stuff up. I mean, self defense not fundamental to the "founders"? What founders is he talking about??? Not Jefferson. Not Adams. Not Washington. You'll notice he doesn't cite any sources here, not surprisingly.
 
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