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  • Denying the Second Amendment Rights of Americans – Another Bad Decision by Judge Sotomayor

    When the Supreme Court decided the Heller case last year striking down the District of Columbia’s handgun ban, it recognized that the Second Amendment confers an individual right to bear arms. However, because the case arose out of Washington, which is a federal district under our Constitution, the Court did not address whether the Second Amendment restricts the states (and local governments) from infringing this right.

    While the Bill of Rights originally applied only against the federal government, the Supreme Court has long applied or “incorporated” the fundamental rights (i.e., those deeply rooted in our nation’s history and tradition) and applied them to the states. Given the history of gun rights and ownership in this country, and the consideration the framers paid this right in passing the Fourteenth Amendment, the applicability of the Second Amendment would seem to be an easy question after Heller.

    Two federal courts of appeals have issued decisions since the Heller case on this issue. The most liberal appeals court in the country, the Ninth Circuit, explicitly recognized in April that the “Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment and applies it against the states and local governments.”

    The court came to this conclusion in part because it acknowledged that the right to keep and bear arms is “deeply rooted in this Nation’s history and tradition.” In fact, it is a right that the colonists “fought for and the right that allowed them to fight.”

    In the Second Circuit on the other hand, Judge Sotomayor was part of a three-judge panel that in January refused to apply the Second Amendment to a New York state weapons law. In fact, the opinion in Maloney v. Cuomo states that the Fourteenth Amendment does not apply because the New York ban does “not interfere with fundamental rights.” In other words, Sotomayor does not believe that the “right of the people to keep and bear Arms” is a fundamental right. It is another bad decision that not only demonstrates her denial of our Second Amendment rights, but just how radical, liberal, and dangerous a justice she would be on the Supreme Court.

    Posted in Legal [slideshow_deploy]

    28 Responses to Denying the Second Amendment Rights of Americans – Another Bad Decision by Judge Sotomayor

    1. Barb -mn says:

      Oh, just be patient, someone will tell us what she really meant!

      But in other words Sotomayor suggests we have no right to defend ourselves. That's bloody murder, Sotomayor. Why don't you focus on removing guns from criminals hands?

    2. J.C. Hughes, Texas says:

      To keep and bear arms is an inherent right regardless of Sotomayor's opinion. The second amendment does not grant this individual right but simply recognizes it. Sorry to disappoint her.

      • Jeremie K says:

        If only the second Amendment would be reconstituted or even totally banned, crimes and murders rates will strongly go low and this is will be for our own safety and good. Without that, murderers and crminals will keep on killing innocent blood such as Christina Green's…..it is time the government think logical and rational for the citizens sake.

    3. Whicket Williams Kin says:

      Do you see any way to keep her off? the government has proven that they do not care about what the american people want. They would not have passed the first 750 billion dollar bailout if they cared what the population wants.

    4. J.C. Hughes, Texas says:

      HF wrote: "Judge Sotomayor … states that the Fourteenth Amendment does not apply because the New York ban does 'not interfere with fundamental rights."

      So let's see, selective constitutional guarantees depending on certain populations? Her judges' apparel should be a robe of quilted patchwork. I know, don't give her any ideas. But we can forget about equal justice from her decisions. She obviously listened carefully to class discussions about Kangaroo courts. She missed the part about it being bad procedure.

    5. Brad L, Phoenix says:

      I'm beginning to feel what it must have been like back in 1775.

    6. Jen, CT says:

      We need to organize our efforts..not on party lines, but on the fundemental rights of the people. Join a Tea Party group near you, get on their email listing and participate…work your districts…not in a Dem vs Repub frame of mind…but in a "We The People" frame.

      Get as many people as you can to write to their Senator…telling them why you don't want Sotomayer as a SC Justice. Let them know that they will lose at the ballot box if they cast a vote for her.

    7. C. Roy says:

      Now, now. The government knows what's best for us…at least when us liberals are in charge. Now shut up, pay more taxes, and don't cause trouble.

    8. Don Clemens, Illinoi says:

      …Illigetimi non carbunumdrum–…don' let the little bastards wear you down–loose translation

    9. Lloyd Scallan - New says:

      Again, why is anyone surprised. Obama knew she is a socialist when he nominated her, and we all know who and what Obama is. Not only did she rule against white firemen, believe we do not have the rights to have guns for any reason, but also she wants convicted felons to have the right of honest citizens, the right to vote. What more could Obama ask for? Yet our wonderful Republicans are deathly afraid to stand up and ask

      the important questions. Afraid they Demorats and the media might call them names and hert their

      little fellings. Once again, GUTLESS.

    10. Dennis Idaho says:

      It seems to me that if the second amendment does not prevent state and local governments from restricting our gun rights, then the state and local governments do not have to abide by any federal government gun restrictions.

      Sotomayer cannot have her way. Too many of us will defend with our guns the right to keep them and resist tyrants in DC.

    11. D. Pollick says:

      I think she is a bigot! Black, white, red, yellow, brown……we have all felt picked on sometime or another…..she is too locked in her race and gender for my comfort!

    12. Wayne Allen, Califor says:

      Unfortunately there is no surprise here. She will be Presidential power on loan to the Judiciary. Obama has long been an advocate of banning gun ownership. He also believes that the U.S. Constitution is a living document…meaning he can manipulate any way HE feels. After this he will amend Constitution start out. "We recognize that the U.S. and the previous administration have made some mistakes, but, We the people…….

    13. Tom Iowa says:

      Is it time for that milion man armed march into Washington yet???

    14. Cathy C. says:

      Well, looks like I purchased my firearms and acquired my CPL just in time. Try to take them away from my now Sotomayor. Out of my cold, dead hands!

    15. marjorie F. oregon says:

      I'm with you Cathy C. We've lost too much in the last 20 years, now we're not only losing our hard earned money but our freedom to bear arms. We have been #*%&@% royalily by our Pres. and our Congress. What goes around comes around. Looks like Obama is getting what he wanted. Control!

    16. Lynn B. DeSpain says:

      As Obama well knows, the Constitution, and the Bill of Rights were designed by our Founders as Laws specifically to keep the Federal Government in bounds. The second ammedment means that every American has the right to bear Arms to protect themselves from our Federal Government!

      Hozro

    17. Larry-in The Republi says:

      Don Clemens, Illinois writes:

      …Illigetimi non carbunumdrum–…don’ let the little bastards wear you down–loose translation

      Now that there's funny! I don't care who ya are. Lord I apologize for that there and be with all them starvin' pigmy's in New Guinea. Amen!

    18. Maria Cromer-Galiett says:

      A word to the wise lawlessness begets lawlessness We will still have our gun no matter what. Short of the government coming into our homes and taking them away from us. And I dont think any one of us are going to let that happen in the near future.

    19. Larry- The Republic says:

      ….but seriously. I've been watchin' the House and Senate conduct business for the past couple of days and I'm digusted with the tactics being used. As it appears, in these days of High Treason in the Chambers of Congress, the train will not stop with Sotomayors' approval, nor will it stop with the Cogressional Embezzlement Express and their drive through legislations! Come on-next crisis please! We NEED to find another place to hide funds and create Government sponsored "vouchers" to be traded on the Black Market. Maybe that too will be where Sotomayor can help, stimulate the economy? Perhaps she can be tweaked to PARDON all those inmates convicted of crimes commited with guns-since they didn't have the right to have or carry them in the first place, thus negating the cause,effect and consequences of the crime in the eyes of the LAW! Go ahead and laugh! Are YOU goin' stop her? Do you think Congress will stop her? All of these ex-criminals can now pursue "legal" theft by joining the "new" progressive Liberal Democratic Party!!!!! I'd say they got it purdy durn well figured out,HUH?

    20. ra,ohio says:

      Folks, the Revolution is on the way.

      2010, we vote again.

    21. Hal Rounds, Somervil says:

      We tend to bluster, as Tom in Iowa, and Dennis in Idaho, and others above do.

      But we have turned into a nation of sissies.

      We will fuss and groan. And submit.

      Shame on us.

      And woe to our enslaved progeny.

    22. Thomas, Anchorage, A says:

      The fundamental problem with her argument is that the federal government doesn't grant rights to the states or the people:

      The people established the states.

      States established the federal government.

      The people granted the federal government only enough power to protect the rights that the people were given by their creator.

      That's why rights are referred to as "Consitutionally protected" and not "Constitutionally granted" or "allowed".

    23. Troy Sayre, Oklahoma says:

      Y'all make me feel right at home reading these comments…I was afraid that I was the only one feeling this way.

    24. Ron, Derry NH says:

      When seemingly reasonable people start acting mostly unreasonable then the vice that is applying the pressure must be revealed.

      Could it be that our very own government is so weakened by their inept actions of erasing the power of the Glass/Steagall act and its monetary implications that they are hell bent on saving their own butts by trying to shore up governmental power to sustain themselves?

      Sotomayor is exactly the type of creative legal fraud needed to pull off a coup and erase the constitutions respectability or at least put it into a impotent debate for years. Think of it.

      Put a buffoon onto the courts and you weaken the court system by reducing its respectability. Soon you have a desire to overturn the court because of its pathetic decision values. It is darn right sinister to even present her to the bench and even more irresponsible not to think there is a motive behind this…..instability, a trade mark of an agressor upon a much larger target!

    25. gene,minnesota says:

      We will all need some courage and guts to get through this,to bad we don't have any republican politcal to stand with us, all we got is a bunch of rinos.

    26. Larry in Missouri says:

      Our new administration is a farce. Plain and simple. Our country is slowly and methodically being brought to its knees.

    27. Chris Pedersen Nixa, says:

      Now there is another case headed to the Supreme Court. "The Chicago Gun Case". The Unconstitutional City Ordinance enacted into law must be researched by this organization due to being introduced and passed through proposed fear and intimidation, turning Chicago City Counsel into a "Racketeering Enterprise". Although, the case is argued in the 7th Circuit within the scope and framework of Heller vs. D. C. and other theories there is more to it than presented to the Court.

      The First Ward Aldermen "Fred Rotti" was a "Made Member" of the "Chicago Outfit". In "Mafia" terms he got his "Botton" punched by and through murder. His conviction is a fact, as U.S. Attorney Patrick Fitzgearld prosecuted the case in the 7th circuit, fully disclosing in the court's records Rotti's "Mob" history and "ties" to "Organized Crime" in Chicago's "Chinatown/26th Street Crew" located in Mayor Daley's 11th Ward.

      These two wards border each other with the 1st ward on the North end of the Daley's [ father & son ] neighborhood of "Bridgeport" located in the 11th ward to the South.

      Mayor Richard "The Irish Don" Daley many times removed and insulated. But he didn't know?

      By virtrue of being the first ward alderman,Rotti was first in "Roll Call" where the legislation was introduced and slammed through with the rubber stamp. What Daley wants, Daley gets! As every other Mayor. It was a logical fact, every other politician in Chicago knew [including Daley] who Rotti was, what he was capable of, so fear and intimidation ruled the day in that era. This is to say every Mayor of Chicago knew who and what Fred Rotti was all about during his tenure as 1st ward Alderman, including the common folks of the neighbordhood who elected him. Many questions still exist, although he is deceased.

      For further information into the "ties" of the "outfit" (26th Street Crew) research the "Hired Truck Scandal" ( Chicago Sun-Times )to glean direct "Family Members" "ties" and associates, noting the 15 Mobbed-Up Trucking/Cartage companies,( Fred Barbara Trash Hauler/Mike Tadin Marina Cartage with huge city contracts and others ) all housed within the 11th ward. These 15 mobbed-up companies drained $35 million out of #40 million for little or no work being preformed, wasting the taxpayers monies and lining their pockets, with Daley's brother John Daley [Cook County Board] selling some of them the required insurance.

      Remember William Daley/Al Gore! Well what da ya think? The mob lost and Bush won ? Go Supreme Court ! Old Man Daley/Kennedy. Vote often!

      Furthermore, additional research into the former 11th ward Alderman Patrick Huels ( Daley's right hand man and neightbor ) resignation over another scandal concerning sweetheart land deals located in the Old Chicago Stock Yards for both named individuals above and alledged "kickbacks".

      The two above built identical trucking terminals and are related to each other including Rotti.

      Yeah, The "City That Works" by Mob influence, stripping the public of their money and Second Amendment Rights to bear arms along with much more. Does anyone think the Mob would register their firearms while the public was prevented to do so? Making it illegal to own a weapon for self defense, while Chicago was named many times as a "Murder Capital" of America. Bribes, payoffs, threats of violence, intimidation, Teamsters Union "ties".

      All one big happy "family". This should make Obama feel right at home, as the "Godfather" of America, trained in streets and alleys of Chicago Illinois. Another "Made Member" sitting as an Illinois State Senator prior/during this time. Do your homework now and you'll see I'm correct.

      I wonder if Obama has the preverbial red phone in the Oval Office to Chicago City Hall?

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