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Supreme Court Decision slated for Thursday

Discussion in 'Uncategorized Threads' started by Joe Potosky, Jun 25, 2008.

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  1. Joe Potosky

    Joe Potosky Well-Known Member

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    Off the wires....

    For those of us eagerly awaiting the Court's decision in DC v. Heller, which looks at the constitutionality of Washington, DC's sweeping handgun ban, as well as whether the Second Amendment protects an individual or collective right to keep and bear arms, that ruling will be issued tomorrow.

    And it is looking very likely that Justice Scalia will be the author of a plurality, if not a majority decision, which suggests a big win for individual rights.
     
  2. Sgt. Mike

    Sgt. Mike TS Member

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    Joe,

    Let's hope the individual wins. If we do win then we need to send back the verbage "shall not be infringed", and see the interpretation on that. Liberals seem to have a problem reading and understanding the simple things in life. Michael
     
  3. Old Cowboy

    Old Cowboy Active Member

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    Hate to sound dumb but.........what's a "plurality", as opposed to a "majority"?

    Were the justices of more than two opinions on this?

    John C. Saubak
     
  4. Joe Potosky

    Joe Potosky Well-Known Member

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    Yes... not an issue that is black and white, at this time.
     
  5. eagles11

    eagles11 TS Member

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    Old Cowboy,

    A majority is just that a 5-4 vote or more. A plurality is when a justice agrees with the opinion of the court but not completely and writes another opinion that explains the differences. A clear majority stands on it own where a plurality leaves some or much to be guessed at.

    We should all hope for a clear majority.

    It appears that there were two questions asked of the SCOTUS: Does the second amendment secure the right to the individual or to the states. Does the handgun ban in DC violate the second amendment therefore making it unconstitutional.

    The justices will only answer these two questions outright. They may also give "dicta" on other questions asked by them during the oral arguments. Read that to mean they will give opinions outside of the scope of the two questions being asked. It should be noted that these opinions hold no weight legally by rule but many will use these "dicta" will be discussed at length on this issue.

    Sgt. Mike is correct that we will need to take another case back to them to get the determination as to the meaning of "shall not be infringed".

    Jack Burch
     
  6. fearlessfain

    fearlessfain TS Member

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    we would not have to have all of these court desisions if the laws were written in plain english, but that will never happen as the lawyers need to send thier kids to law school too.
     
  7. highflyer

    highflyer TS Member

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    If you will notice most of these Supreme Court decisions are split down the middle between conservatives and liberals. We are only 1 or 2 judges away from losing all of our constitutional rights to liberals without the ability to read the plain English in the constitution. It is not written vaguely. Their problem is they don't like the freedom it gives to individual citizens.
     
  8. highflyer

    highflyer TS Member

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    Isn't it ironic. The Judicial Branch of the government, which is supposed to protect our Contitutional rights, is the very branch that is taking them away from us one by one.
     
  9. pendennis

    pendennis Well-Known Member

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    INDIVIDUAL RIGHTS RULE!!

    More to come.

    Best,
    Dennis
     
  10. highflyer

    highflyer TS Member

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    It was a 5-4 decision. We are safe for a few years.
     
  11. Sgt. Mike

    Sgt. Mike TS Member

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    Joe,

    Let's give credit where credit is due. You were right on. With calls like that you need a trip to Vegas. Now, what's next for the anti's? Good job, Michael
     
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