Constitution doesn't apply to States, according to Sotomayor

[DamnYankee]

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?

 

[editec]

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?

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?

 

[DamnYankee]

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?

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?

Huh?

 

[editec]

Keep reading it, All.

Eventually it will make sense.

 

[DamnYankee]

Keep reading it, All.

Eventually it will make sense.

IF I re-worded it....

 

[editec]

Keep reading it, All.

Eventually it will make sense.

IF I re-worded it....

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.

 

[STAND4LIBERTY]

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....

 

[jillian]

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....

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

 

[STAND4LIBERTY]

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.

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.

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

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.

 

[Citizen]

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.

 

[jillian]

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.

That's not a personal story... those are QUALIFICATIONS... But feel free to tell us all about your constitutional studies and the in-depth training you've received since you're a much greater constitutional scholar than a real constitutional scholar.

oh right.. .you read ron paul. 'splains a lot.

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.

actually, you DID drink the kool aid... that's what I was pointing out. Thanks for playing.

or do you want to tell everyone how to perform brain surgery, too... given you know nothing about that either.

 

[RetiredGySgt]

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?

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?

How do you justify that? If the others apply then so to does the 2nd. Pretty simple concept. Either the Constitution in its total does not apply or in total it DOES apply.

 

[RetiredGySgt]

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.

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.

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

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.

What is worse is Jillian keeps reminding us she is a Lawyer.

 

[jillian]

nope... i haven't done anything of the sort, so get a grip.

i actually make no claim of any type of independent constitutional expertise. I only know what the cases say.... unlike every right wing ijit who's ever listened to rush limbaugh so thinks they know more about the constitution than people who spend their lives studying it.

 

[jillian]

seriously... i'm waiting with bated breath for his dissertation on neurosurgery. i'm sure it's a real page -turner.

 

[RetiredGySgt]

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.

That's not a personal story... those are QUALIFICATIONS... But feel free to tell us all about your constitutional studies and the in-depth training you've received since you're a much greater constitutional scholar than a real constitutional scholar.

oh right.. .you read ron paul. 'splains a lot.

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.

actually, you DID drink the kool aid... that's what I was pointing out. Thanks for playing.

or do you want to tell everyone how to perform brain surgery, too... given you know nothing about that either.

This from the Board Lawyer that hasn't a CLUE what the Constitution means or says. I keep asking you Dear? Did they have ANY classes on the Document at the school you got your degree from? And if they did how was it you never took them?

You don't want the 2nd to apply? Fine then NONE of the Amendments apply. Which is EXACTLY what YOUR choice is SAYING.

She is saying ANY State can pass any law in violation of the Amendments to the Constitution because that document only covers the FEDERAL Government and Federal Property.

Remind us how Church and State are an exception Dear. How your 1st Amendment Rights are an EXCEPTION? How the 14th Amendment is an EXCEPTION.

Of course when you do kindly remind us what the Supreme Court has ACTUALLY been ruling ever since the 14th passed. Being a Lawyer you should be able to find THOSE rulings.

 

[STAND4LIBERTY]

What is worse is Jillian keeps reminding us she is a Lawyer.

ROFLMAO! It's amazing how many self appointed "Internet Attorney's" there are, between them and the jail house variety it's a wonder that those with actual law degrees can get a job anymore.

Maybe the President should appoint her to the Supreme Court, hell it's not like he has any actual standards for the job or anything......

 

[jillian]

What is worse is Jillian keeps reminding us she is a Lawyer.

ROFLMAO! It's amazing how many self appointed "Internet Attorney's" there are, between them and the jail house variety it's a wonder that those with actual law degrees can get a job anymore.

Maybe the President should appoint her to the Supreme Court, hell it's not like he has any actual standards for the job or anything......

ummm, moron, you've been here 2 seconds. i've been an attorney for almost two decades.

wanna try that again, nutter?

do tell us your credentials. i'll wait.

 

[RetiredGySgt]

What is worse is Jillian keeps reminding us she is a Lawyer.

ROFLMAO! It's amazing how many self appointed "Internet Attorney's" there are, between them and the jail house variety it's a wonder that those with actual law degrees can get a job anymore.

Maybe the President should appoint her to the Supreme Court, hell it's not like he has any actual standards for the job or anything......

ummm, moron, you've been here 2 seconds. i've been an attorney for almost two decades.

wanna try that again, nutter?

do tell us your credentials. i'll wait.

So your defense is your senile?

 

[Care4all]

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?

A couple of questions first, before figuring out how to answer your question...

How can each state, constitutionally limit the types of guns their citizens can own without infringing on the 2nd amendment?

As Example, you can not own a bunch of missals or nukes or automatic machine guns etc?

So, is the 2nd amendment being "bent" already by limiting different types of arms?

Is being required to be registered, if you own a gun, also a 2nd amendment infringement?

Care

be back later to read answer...heading outside now!