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Yeah, uh, FU Justice John Paul Stephens...

Posted on 5/16/19 at 4:40 pm
Posted by Meauxjeaux
98836 posts including my alters
Member since Jun 2005
39854 posts
Posted on 5/16/19 at 4:40 pm
LINK

Your interpretations suck. And you'll be dead soon, so there.
Posted by deeprig9
Unincorporated Ozora, Georgia
Member since Sep 2012
63863 posts
Posted on 5/16/19 at 4:43 pm to
He was getting sucked off n PBS Newshour yesterday. It was disgusting.

"I don't want to get into politics being a former SCJ so lets just dive right in to politics"
Posted by finchmeister08
Member since Mar 2011
35588 posts
Posted on 5/16/19 at 4:54 pm to
if this SCJ is right about his interpretation of the 2A, what does "...the right of the people to keep and bear arms, shall not be infringed." mean?
Posted by DallasTiger11
Los Angeles
Member since Mar 2004
11804 posts
Posted on 5/16/19 at 5:05 pm to
quote:

I have written in other contexts that an amendment to the Constitution to overrule Heller is desperately needed to prevent tragedies such as the massacre of 20 grammar-school children at Sandy Hook Elementary School on December 14, 2012, from ever happening again.

What a fricking idiot. Not only is he wrong that some mythical amendment would prevent shootings from ever happening, he exposed why he really voted against Heller instead of all the babble about stare decisis.
Posted by ninthward
Boston, MA
Member since May 2007
20374 posts
Posted on 5/16/19 at 5:07 pm to
Gotta love politicized judges imposing their ideology on the population.
Posted by KingOrange
Mayfair
Member since Aug 2018
8686 posts
Posted on 5/16/19 at 5:11 pm to
Term Limits
Posted by alatxtgr
The Nation of Texas
Member since Sep 2006
2282 posts
Posted on 5/16/19 at 5:11 pm to
quote:

He was getting sucked off n PBS Newshour yesterday
Never watch that leftists channel. Sooo disgusted that a portion of our tax dollars go to that propaganda machine...
Posted by M. A. Ryland
silver spring, MD
Member since Dec 2005
2049 posts
Posted on 5/16/19 at 6:45 pm to
He quotes from Miller, but misrepresents what it says.
Miller said an individual could be prohibited from having a sawed-off shotgun because that wasn't a weapon that a member of the militia would use. But there was the natural implication (if not directly stated; I would have to go re-read) that the 2A did guarantee the right to own a weapon (such as a rifle or a pistol) that would find use in a militia.
Posted by Nguyener
Kame House
Member since Mar 2013
20603 posts
Posted on 5/16/19 at 6:55 pm to
quote:

prevent tragedies such as the massacre of 20 grammar-school children at Sandy Hook Elementary School on December 14, 2012, from ever happening again.


It really is crazy when you think about the historical fact that there was absolutely no violence on a massive scale before guns were invented. And there have been no other tools used by psychos to harm a big amount of people since guns were invented. Just guns. If we could just get those pesky guns out of society, they would never be any more violence.
This post was edited on 5/16/19 at 6:56 pm
Posted by Taxing Authority
Houston
Member since Feb 2010
57090 posts
Posted on 5/16/19 at 7:07 pm to
quote:

FU Justice John Paul Stephens..
I read that POS “article” yesterday. Stunning in his ignorance.
Posted by BuckyCheese
Member since Jan 2015
48827 posts
Posted on 5/16/19 at 7:38 pm to
quote:

Miller said an individual could be prohibited from having a sawed-off shotgun because that wasn't a weapon that a member of the militia would use.


bullshite. I'd love to have one for close quarters.
Posted by AUstar
Member since Dec 2012
16991 posts
Posted on 5/16/19 at 7:57 pm to
quote:

if this SCJ is right about his interpretation of the 2A, what does "...the right of the people to keep and bear arms, shall not be infringed." mean?


I think it means the people have a right to form a militia independent of any federal army. I have no doubt the 2nd amendment as envisioned at the time was focused on this idea and not on a person's right to carry a firearm around town.

You have to put yourself in the times and into the mindset of the founders back then. The British monarchs had a long history of disarming certain populations to keep them under control (even before America was settled). For instance, in 1688 King James II was deposed by a rebellion (called the "Glorious Revolution") because he as a Catholic was stripping Protestants of certain rights. One of the rights James took away (from protestants) was the right to bear arms. He was especially hard on Irish protestants.

After the Revolution a "Bill of Rights" was written that sounded a lot like the Bill of Rights that would be enshrined in the American constitution a hundred years later. Here's some of the rights outlines in the English Bill of Rights of 1689:

1) Protestants have the right to bear arms. (Our 2nd amendment)

2) People have the right to "petition the King" without fear of prosecution. (Our 1st amendment)

3) The King is forbidden from keeping a standing army without the consent of Parliament. (Not in our Bill of Rights, but it was a major complaint of the founders. The checks and balances of our government are there partly for this reason).

4) That freedom of speech and debates in Parliament "ought not to be impeached or questioned in any court or place out of Parliament." (Similar to our 1st amendment)

5) Excessive bail is forbidden (Our 8th amendment).

6) Cruel and unusual punishment is forbidden. (Our 8th amendment)

7) Levying money without the consent of Parliament is illegal. (Similar to the "Power of the Purse" of U.S. Congress).

Anyway, with all that history aside, I must say I mostly agree with Stephens here. However, I do think an individual (independent of any militia) has a right to own a firearm. I don't think the founders would have any problem with that. But I also don't think they'd be crazy zealots who would allow citizens to own tanks, RPG's, and F-35's. I think they were fine with certain laws limiting certain firearms for public safety.

Again, I think they were more concerned with some rogue King (or president) declaring martial law as Kings in England used to do. I don't think the founders were as concerned about who can own what handgun or rifle. I suspect they would be fine with local municipalities making laws suitable for the area. They just didn't want citizen's militias to be impeded by law in any way and wanted to avoid any large scale confiscation of firearms.
Posted by ScottFowler
NE Ohio
Member since Sep 2012
4124 posts
Posted on 5/16/19 at 8:10 pm to
quote:

They just didn't want citizen's militias to be impeded by law in any way and wanted to avoid any large scale confiscation of firearms.


So, the Gov't should keep their hands off of our firearms.
Pretty simple.
Posted by efrad
Member since Nov 2007
18644 posts
Posted on 5/16/19 at 8:12 pm to
quote:

When I joined the Supreme Court in 1975, both state and federal judges accepted the Court’s unanimous decision in United States v. Miller as having established that the Second Amendment’s protection of the right to bear arms was possessed only by members of the militia and applied only to weapons used by the militia.



10 U.S. Code §?246. Militia: composition and classes

quote:

(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.



so John Paul Stevens wants to take guns away from women, anyone over 45, and non-citizens?
Posted by Richleau
Member since Dec 2018
2352 posts
Posted on 5/16/19 at 8:15 pm to
Shotguns and modified ones have been used in modern militias as have flame throwers, bazookas, 50-cal mounted on a vehicle, etc. I'll have it all thank you. Tanks too.
Posted by TigerFanInSouthland
Louisiana
Member since Aug 2012
28065 posts
Posted on 5/16/19 at 8:19 pm to
Hey John Paul...



Molon Labe you fricking bitch.
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