Constitution doesn't apply to States, according to Sotomayor

Discussion in 'Law and Justice System' started by DamnYankee, Jun 9, 2009.

  1. DamnYankee
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    DamnYankee No Neg Policy

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    Have been slow to voice an opinion re. Sotomayor selection/appointment, and that hasn't changed quite yet. Still weighing the pros and cons. So, when I came upon this piece from her resume, I decided that I need some input. It would be greatly appreciated.

    Sotomayor has decided that the Bill of Rights does not apply to the states
    by Vincent Gioia

    If you thought the Bill of Rights gives you constitutional protection for freedom of speech, of religion and a free press; you are wrong according to Obama Supreme Court nominee Judge Sonia Sotomayor. The likely newest member of the high Court decided that all these rights guaranteed by the first Ten Amendments which make up the Bill of Rights can now all be taken away from us at the whim of our state legislatures - who would have imagined.

    (snipped)

    Sotomayor was on a panel of the Court of Appeals for the 2nd Circuit which issued an unsigned opinion dismissing a challenge to a New York law that banned a martial arts weapon despite the earlier Supreme Court ruling in Heller v District of Columbia which struck down a ban on handguns and said individuals have the right to keep arms at home for self defense.

    But the panel on which Sotomayor served said in the case of Maloney v. Cuomo that it was clear from the Supreme Court precedent that the Second Amendment could be applied only to the federal government, or in a federal enclave such as Washington. It said the Supreme Court has "the prerogative of overruling its own decisions."

    The issue raises the question of whether the Bill of Rights applies to state and local governments. Lawyers challenging gun restrictions and legal scholars contend that they do, through the due-process clause of the 14th Amendment. And that was the finding of the U.S. Court of Appeals for the 9th Circuit earlier this year. The Supreme Court's 5 to 4 decision last year in the Heller case decided for the first time that the Second Amendment provided an individual right to bear arms.

    If the 2nd can be said to not apply to the states and local governments, then why should the other rights spelled out in the Bill of Rights apply?
    Great American Journal: Sotomayor has decided that the Bill of Rights does not apply to the states


    Damned good question. Anyone have as good an answer?
     
  2. editec
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    editec Mr. Forgot-it-All

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    Excellent question.

    But it could just as easily be asked the other way.

    If the the other amendments to the constitution can be said to apply to the states and local governments, then why should the 2nd amendment spelled out in the Bill of Rights apply?
     
  3. DamnYankee
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    DamnYankee No Neg Policy

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    Huh?
     
  4. editec
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    editec Mr. Forgot-it-All

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    Keep reading it, All.

    Eventually it will make sense.
     
  5. DamnYankee
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    DamnYankee No Neg Policy

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    IF I re-worded it....
     
  6. editec
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    editec Mr. Forgot-it-All

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    Yeah, okay.

    My point is that we are not consistent when it comes to the bill of rights.

    Why not?

    Because of the NRA, mostly.

    Or perhaps you could say its because of the NAACP.

    But it is obvious that in some cases we allow the Bill of rights to supercede the states, and in other cases we do not.
     
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  7. STAND4LIBERTY
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    STAND4LIBERTY Independent Libertarian

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    Boy our dear President sure knows how to pick 'em, guess he couldn't find another tax cheat to appoint and had to go to the crackpot barrel for this one.

    But on the other hand she has such a WONDERFUL personal story.... :wtf:
     
  8. jillian
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    jillian Princess Supporting Member

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    actually, she has over 300 published decisions, three of which were reversed by the supreme court. she was number 2 in her class at princeton and valdictorian of her high school class.

    i think maybe you're the crackpot... in fact i know you are... like everyone else on this board who's ever used the word "liberty" or "patriot" in their nic
     
  9. STAND4LIBERTY
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    STAND4LIBERTY Independent Libertarian

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    That's a WONDERFUL personal story, it's too bad she apparently doesn't understand the U.S. Constitution and it's intent very well as it's a fairly important factor for a SCOTUS appointee.

    Sorry forgot to drink the kool-aid they were passing out in collectivist utopia, glad to see you apparently got a double dose though, cheers.
     
  10. Citizen
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    Citizen Active Member

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    Granted, originally the Constitution did not apply to the states, as each state has its own Constitution, but the 14th Amendment to the US Constitution changed all that making the US Constitution apply to the states as well as the federal government.
     

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