Re: [NewWorldOrderWhistleBlowers2] Supreme Ct To Hear Case To determine Whether The 2nd amend't Applies To States
The Supreme Court has no right to rule on this topic. It was established by our Founders and well documented as to what their INTENT was in the federalist and anti-federalist papers. The Supreme court was NEVER INTENDED TO DETERMINE WHAT THE CONSTITUTION MEANT. Seriously, Americans need to read the federalist papers and anti-federalist papers.I am outraged at this crap.MK
--- On Wed, 9/30/09, C Greenwood <protectingconnie@...> wrote:
From: C Greenwood <protectingconnie@...>
Subject: [NewWorldOrderWhistleBlowers2] Supreme Ct To Hear Case To determine Whether The 2nd amend't Applies To States
To: 2esq_S_equalsCandM@yahoogroups.com, HAL838@yahoogroups.com, HealthInTheNewWorldOrder@yahoogroups.com, NathanHalePatriotsOfAmerica@yahoogroups.com, NewWorldOrderWhistleBlowers@yahoogroups.com
Cc: NewWorldOrderWhistleBlowers2@yahoogroups.com, NewWorldOrderWhistleBlowers3@yahoogroups.com, NWOWhistleBlowersPointZero@yahoogroups.com, email@example.com, TimeAnomalies@yahoogroups.com
Date: Wednesday, September 30, 2009, 11:36 PM
--- On Wed, 9/30/09, Phennommennonn@ aol.com <Phennommennonn@ aol.com> wrote:Holy Crap! Supreme Court To Hear Case To determine Whether The Second Ammendment Applies To States!The Supreme Court set the stage for a historic ruling on gun rights and the 2nd Amendment by agreeing today to hear a challenge to Chicago's ban on handguns.
At issue is whether state and local gun-control ordinances can be struck down as violating the "right to keep and bear arms" in the 2nd Amendment.
A ruling on the issue, due by next summer, could open the door to legal challenges to various gun control measures in cities and states across the nation.
The case also will decide whether the 2nd Amendment protects a broad constitutional right, similar to the 1st Amendment's right to free speech or the 4th Amendment's right against unreasonable searches and seizures.
In the past, the Supreme Court had given short shrift to the 2nd Amendment by saying it applied only to national laws and that its aim was to preserve "well-regulated militias."
This quite narrow view of the amendment conflicted with the views of most Americans, according to opinion polls.
Last year, the court in a 5-4 decision breathed new life into the amendment by ruling that it protected an individual's right to have a handgun at home for self-defense. The decision in District of Columbia v. Heller struck down a local ban on handguns.
But since the nation's capital is a federal enclave, the court did not reconsider its 19th Century rulings that said 2nd Amendment applied only to federal laws and restrictions.
Since then, several gun owners have filed new constitutional challenges in several cities, including Chicago and the nearby Village of Oak Park. They lost when judges there said they were bound by the high court's earlier rulings.
But the Supreme Court today said it had voted to hear the appeals from gun owners in Chicago and Oak Park and to decide whether the 2nd Amendment restricts local and state laws as well as national measures.
Lawyers for the gun owners argued that "the right of the people to keep and bear arms" set out in the 2nd Amendment is "incorporated" into the 14th Amendment and thereby applies to states and localities.
Lawyers on both sides of the dispute say the gun-rights case revives a once-fierce debate over how to read the Bill of Rights.
Since the 1st Amendment begins with the words, "Congress shall make no law respecting" such matters as an "establishment of religion" or "abridging the freedom of speech," it was understood originally to limit only Congress and the national government. The same was true of the other parts of Bill of Rights.
After the Civil War, the 14th Amendment was added to the Constitution, and it says a state may not "abridge the privileges and immunities" of citizens nor deprive any person of "liberty...without due process of law."
In the mid-20th Century, the Supreme Court decided, in a step-by-process, that such fundamental rights as the freedom of speech, the free exercise of religion and the freedom from "unreasonable searches" are part of the "liberty" protected by 14th Amendment. These rulings permit constitutional challenges to state and local laws.
The 2nd Amendment was all but ignored by the Court until recently. In their appeal, lawyers for the gun owners say the corut should rule either that the right "to keep and bear arms" is a "privilege" of citizenship or is part of the "liberty" protected by the 14th Amendment.
Lawyers for Chicago had urged the Court to reject the appeal. They said that easily concealed handguns pose a special danger in cities. "Homicides are most often committed with guns, especially handguns," they said, citing a Justice Department study. The city also said, while nearly all handguns are illegal, residents are permitted to have rifles or shotguns at home for self-defense.
It is not clear whether the court will rule squarely on whether the Chicago ordinance is constitutional. Lawyers for the city proposed that if the justices take up the issue, they rule only on whether the ordinance can be challenged under the 2nd Amendment, and then send the dispute back to Chicago for a trial.
The court said it will set arguments in the Chicago cases for January or February. The cases is McDonald vs. Chicago.
http://www.swamppol itics.com/ news/politics/ blog/2009/ 09/supreme_ court_chicago_ gun_ban.html
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