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#91 | |
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So, if selective incorporation is a proper path to force the states to follow most of the bill of rights, then the conservatives may as well use it for the 2nd, too. This wasn't hypocrisy, it is recognizing that a battle was lost a long, long time ago and telling the left that their tool does not belong to them and them alone.
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<WarMoose> Think about how stupid the average person is. Now realize that half of them are dumber than that. <Chunda> Why half? Last edited by alnorth; 03-19-2012 at 08:30 PM.. |
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#92 | |
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Most of the bill of rights was just a restriction on the feds. The states could pretty much ignore almost all of the amendments until incorporation starting in the 1940's. For example, part of the 7th amendment was never incorporated to date. If you are sued civilly in a federal court, you have a right to a jury, but if you are sued civilly in a state, the state doesn't have to let you have a jury, unless that state passed a law requiring it.
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<WarMoose> Think about how stupid the average person is. Now realize that half of them are dumber than that. <Chunda> Why half? |
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#93 | |
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And it goes beyond the Bill of Rights, in a Justice Harlan inspired way, to ideas that are fundamental, deeply rooted traditions that aren't contained in the Bill of Rights. Privacy, for example. Interracial marriage. |
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#94 | |
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#95 | |
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<WarMoose> Think about how stupid the average person is. Now realize that half of them are dumber than that. <Chunda> Why half? |
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#96 | |
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<WarMoose> Think about how stupid the average person is. Now realize that half of them are dumber than that. <Chunda> Why half? |
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#97 | |
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As I have stated, I'm a gun owner and a CCW permit holder. I would join the NRA if they didn't embrace every most extreme position. But, in terms of legal theory, extending incorporation to the 2nd amendment was not based on Stare Decisis. It was based on originalism, as viewed and advocated for years through Justice Scalia and his proteges. And it was not an entirely originalist slam dunk either as Breyer, who is no dope up there, points out in his dissent and historical review of various gun regulations during colonial times. Including "no loaded firearms in a dwelling" and "no discharges in town" in Boston, Philadelphia, and NY. Heck, I doubt if around these parts, Wyatt Earp's famous "no guns north of the tracks" ordinance would survive this ruling.
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#98 |
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IN THE BLACK
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it's pretty simple..History shows that when Government takes away guns...MILLIONS die.
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#99 |
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Add Fast and Furious to this and it's clear, Holder is a crook with an agenda.
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A 35 year drought can make you thirsty.
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#100 | |
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"Finally, anyone who uses the terms, irregardless, a whole nother, or all of the sudden shall be sentenced to a work camp." Stewie Griffin |
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#101 |
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When did Holder get out of the Hollywood business?
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"Finally, anyone who uses the terms, irregardless, a whole nother, or all of the sudden shall be sentenced to a work camp." Stewie Griffin |
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#102 |
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sic semper tyrannis
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The problem is that if they are doing illegal things with guns then that's what you go after, not the guns.
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#103 |
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Come on. Don't you know there were no violent crimes before guns were invented???
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"Finally, anyone who uses the terms, irregardless, a whole nother, or all of the sudden shall be sentenced to a work camp." Stewie Griffin |
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#104 |
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sic semper tyrannis
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Oh shoot. Yeah, I forgot.
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