General Discussion
In reply to the discussion: Daily News Cover - Says it all [View all]turbinetree
(27,585 posts)In 2008 a ruling came down on the issue of "self protection" in the District of Columbia vs Heller.
https://www.law.cornell.edu/supct/html/07-290.ZS.html
This right wing court in that ruling has done more damage with that ruling.
These five justices talk out of both sides of there proverbial mouths under the banner of being "neutral" under the 2nd amendment in the principle of "originalism" back in the draft of 1791 bill of rights.
Scalia since he wrote the majority opinion (5-4) from the 2nd amendment that "A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed."
Lets understand what judicial activism is all about:
The five right wingers with Scalia wrting for the majority, found in those words that a individual will and can be untethered to any militia, they managed to eliminate the pre-amble of the 2nd amendment with there judicial activism, the total four words in the pre-amble now mean nothing. They all by there little selves decided to make a new law, without any congressional oversight--------they just decided to amend the Constitution, and make a new amendment -------------- none-------------in my opinion
The right wing NRA and the wacko right wing gun group, Gun Owners of America got what they wanted and Scalia wasn't done yet, he jumped on his blooded shark to say that to "keep and bear arms" protects the right for the individual in the general right to possess guns, to hell with what a city council has to say or ruling, right along with the another ruling in McDonald vs Chicago rulings, which now includes states and cities.
https://www.law.cornell.edu/supremecourt/text/307/174
Scalai has refused or to acknowledge the courts ruling in United States vs Miller case.
https://www.law.cornell.edu/supremecourt/text/307/174
Yet in his majority opinion backed by Roberts, this newly discovered individual right makes it possible for the gun to be brought out of the home, so that in another ruling which will be contemplated for another day, with his offering opinion, that in the Heller ruling poses no threat.
Welcome to the 2015 Wild West Scalia and Roberts court show on what is now called gun safety.
With the Heller ruling, the NRA is now embolden to stop gun safety with the help of Scalia's idea of "originalism", which he and the other five buddies when put in there ruling that they do abhor the idea of "living constitutionalism".
A Reagan appellate court judge Richard Posner stated, that, what Scalia and his team have done is present a "snow job" and "faux originalism" with the Heller ruling along with two cases coming out of judicial system for another ruling concerning the cities of Chicago and San Diego courts, on the issue of concealed carry permit on it's constitutionality, and the public just might get some more "law" of Scalia interpretation of "originalism" and that's really scary..........................
Ronald Reagan must be really proud that his legacy is alive and well on this court, since at least three of them were confirmed and this activism that he and others use to blame as being to "liberal " and there was to much "judicial activism " by liberal appointments kinda throws that notion out the window--------------------------