I said the 2nd amendment could be gone with 1 vote

[sarahgop]

Now all the court has to do is hear a 2nd amendment case and the 8 person court can say only a well regulated militia can have guns. gone just like that.

 

[Disir]

No.

The 2nd Amendment was fully incorporated. It is a non issue.

 

[sarahgop]

No.

The 2nd Amendment was fully incorporated. It is a non issue.

Nope. it can be gone in 1 vote.

 

[Disir]

No.

The 2nd Amendment was fully incorporated. It is a non issue.

Nope. it can be gone in 1 vote.

No. That isn't how it works. The 2nd amendment is fully incorporated. You have moved to fear mongering.

 

[Moonglow]

Now all the court has to do is hear a 2nd amendment case and the 8 person court can say only a well regulated militia can have guns. gone just like that.

Except for the precedent thingy standing in the way...

 

[paulitician]

Very dark perilous times for our Constitution. The Anti-American Globalists are in the process of hijacking the Court.

 

[Mr Natural]

Oh well . . .

 

[Dont Taz Me Bro]

Except for the precedent thingy standing in the way...

Precedence is not Constitutional law. There are many cases over the years where precedence has been overturned by successor courts. If precedence was always upheld we'd still have segregated schools.

 

[Moonglow]

Except for the precedent thingy standing in the way...

Precedence is not Constitutional law. There are many cases over the years where precedence has been overturned by successor courts. If precedence was always upheld we'd still have segregated schools.

Except that segregation is not in the Constitution..

 

[Dont Taz Me Bro]

Except for the precedent thingy standing in the way...

Precedence is not Constitutional law. There are many cases over the years where precedence has been overturned by successor courts. If precedence was always upheld we'd still have segregated schools.

Except that segregation is not in the Constitution..

Neither was a right to privacy, but we were told it is now.

Since when does the Constitution stop an ideologue?

 

[Rustic]

Progressives dream = abolishing the second amendment.

 

[rightwinger]

There are over 300 million guns in circulation

The second amendment is going nowhere

 

[Rustic]

There are over 300 million guns in circulation

The second amendment is going nowhere

 

[Moonglow]

Except for the precedent thingy standing in the way...

Precedence is not Constitutional law. There are many cases over the years where precedence has been overturned by successor courts. If precedence was always upheld we'd still have segregated schools.

Except that segregation is not in the Constitution..

Neither was a right to privacy, but we were told it is now.

Since when does the Constitution stop an ideologue?

Right to privacy is in the Bill of Rights..

 

[Moonglow]

There are over 300 million guns in circulation

The second amendment is going nowhere

But there must be the Fear Factor when involved in motivating voters..

 

[Rustic]

 

[Rustic]

There are over 300 million guns in circulation

The second amendment is going nowhere

But there must be the Fear Factor when involved in motivating voters..

Buy more guns and ammo... Lots more

 

[Moonglow]

There are over 300 million guns in circulation

The second amendment is going nowhere

But there must be the Fear Factor when involved in motivating voters..

Buy more guns and ammo... Lots more

You can only carry and fire so many at once.. I like the biggest caliber or just a good old fashioned grenade launcher...

 

[Contumacious]

Now all the court has to do is hear a 2nd amendment case and the 8 person court can say only a well regulated militia can have guns. gone just like that.

Except for the precedent thingy standing in the way...

THE DINGLE BERRIES NEVER CEASE TO AMAZE ME

CASES WHERE STARE DECISIS (THE PRECEDENT THINGY) DID NOT STAND IN THE WAY

Minturn v. Maynard,
58 U.S. 477 (1854) held that an agent was barred from suing a principal
under admiralty law. Overruled by
Exxon Corp. v. Central Gulf Lines, Inc.,
500 U.S. 603,
111 S.Ct. 2071 (1991).
Low v. Austin,
80 U.S. 29 (1871), overruled by
Michelin Tire Corp. v. Wages,
423 U.S. 276,
96 S.Ct. 535 (1976).
Pennoyer v. Neff,
95 U.S. 714 (1878), overruled in part by
Shaffer v. Heitner,
433 U.S. 186,
97 S.Ct. 2569 (1977).
Kring v. State of Missouri,
107 U.S. 221 (1883), overruled by
Collins v. Youngblood,
497 U.S. 37, 110 S.Ct. 2715 (1990).
Coffey v. U.S.,
116 U.S. 436, 6 S.Ct. 437 (1886), disapproved of by
U.S. v. One Assortment of
89 Firearms,
465 U.S. 354, 361, 104 S.Ct. 1099, 1104 (1984) (“
Whatever the validity of
Coffey
on
its facts, its ambiguous reasoning seems to have been a source of confusion for some time. .... Indeed, for
nearly a century, the analytical underpinnings of
Coffey
have been recognized as less than adequate.
[footnote omitted] The time has come to clarify that neither collateral estoppel nor double jeopardy bars a
civil, remedial forfeiture proceeding initiated following an acquittal on related criminal charges. To the extent
that
Coffey v. United States
suggests otherwise, it is hereby disapproved.
”).
The Harrisburg,
119 U.S. 199, 7 S.Ct. 140 (1886) held that federal maritime law did not
recognize a cause of action for wrongful death. Overruled by
Moragne v. States Marine Lines,
Inc.,
398 U.S. 375, 90 S.Ct. 1772 (1970). See also
Yamaha Motor Corp., U.S.A. v. Calhoun,
516 U.S. 199 (1996).

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Ex parte Bain,
121 U.S. 1, 7 S.Ct. 781 (1887), overruled by
U.S. v. Miller,
471 U.S. 130, 144,
105 S.Ct. 1811, 1819 (1985) (“
To the extent
Bain
stands for the proposition that it constitutes an
unconstitutional amendment to drop from an indictment those allegations that are unnecessary to an offense
that is clearly contained within it, that case has simply not survived. To avoid further confusion, we now
explicitly reject that proposition.
”) and
U.S. v. Cotton,
535 U.S. 625, 122 S.Ct. 1781 (2002).
Pollock v. Farmers' Loan & Trust Co.,
157 U.S. 429, 15 S.Ct. 673 (1895), overruled by
South
Carolina v. Baker,
485 U.S. 505, 108 S.Ct. 1355 (1988).
Geer v. State of Connecticut,
161 U.S. 519, 16 S.Ct. 600 (1896), overruled by
Hughes v.
Oklahoma,
441 U.S. 322, 99 S.Ct. 1727 (1979).
Thompson v. State of Utah,
170 U.S. 343, 18 S.Ct. 620 (1898), overruled by
Collins v.
Youngblood,
497 U.S. 37, 110 S.Ct. 2715 (1990).
Pope v. Williams,
193 U.S. 621, 24 S.Ct. 573 (1904), overruled by
Dunn v. Blumstein,
405 U.S. 330, 337, n. 7, 92 S.Ct. 995, 1000 (1972) (“To the extent that dicta in that opinion are
inconsistent with the test we apply or the result we reach today, those dicta are rejected.”).
Evans v. Gore,
253 U.S. 245, 40 S.Ct. 550 (1920). Overruled by
U.S. v. Hatter,
532 U.S. 557,
121 S.Ct. 1782 (2001).
Heisler v. Thomas Colliery Co.,
260 U.S. 245, 43 S.Ct. 83 ( 1922), disapproved of by
Commonwealth Edison Co. v. Montana,
453 U.S. 609, 101 S.Ct. 2946 (1981) (
at page 614: “We
agree that
Heisler's
reasoning has been undermined by more recent cases. The
Heisler
analysis evolved at a
time when the Commerce Clause was thought to prohibit the States from imposing any direct taxes on
interstate commerce.” At page 617: “Any contrary statements in
Heisler
and its progeny are disapproved.”
But see footnote 7: “This is not to suggest, however, that
Heisler
and its progeny were wrongly decided.”
).
Quaker City Cab Co. v. Commonwealth of Pennsylvania,
277 U.S. 389, 48 S.Ct. 553 (1928),
abrogated by
Lehnhausen v. Lake Shore Auto Parts Co.,
410 U.S. 356, 365, 93 S.Ct. 1001, 1006
(1973) (“
Quaker City Cab Co. v. Pennsylvania
is only a relic of a bygone era. We cannot follow
it and stay within the narrow confines of judicial review, which is an important part of our
constitutional tradition.”).

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Olmstead v. U.S.,
277 U.S. 438, 48 S.Ct. 564 (1928) held that telephone wiretaps are not
forbidden by the Fourth Amendment. Overruled by
Berger v. State of N.Y.,
388 U.S. 41, 64,
87 S.Ct. 1873, 1886 (1967) (Douglas, J., concurring) (“I join the opinion of the Court because at
long last it overrules sub silentio
Olmstead v. United States,
277 U.S. 438, 48 S.Ct. 564, 72 L.Ed.
944, and its offspring and brings wiretapping and other electronic eavesdropping fully within the
purview of the Fourth Amendment.”) and by
Katz v. U.S.,
389 U.S. 347, 362, n. *, 88 S.Ct. 507,
517 (1967) (Harlan, J., concurring) (“... today's decision must be recognized as overruling
Olmstead v. United States,
277 U.S. 438, 48 S.Ct. 564, 72 L.Ed. 944, which essentially rested on
the ground that conversations were not subject to the protection of the Fourth Amendment.”).
Louis K. Liggett Co. v. Baldridge,
278 U.S. 105, 49 S.Ct. 57 (1928), overruled by
North Dakota
State Bd. of Pharmacy v. Snyder's Drug Stores, Inc.,
414 U.S. 156, 94 S.Ct. 407 (1973).
Sinclair v. U.S.,
279 U.S. 263, 49 S.Ct. 268 (1929), overruled by
U.S. v. Gaudin,
515 U.S. 506,
115 S.Ct. 2310 (1995).
Enelow v. New York Life Ins. Co.,
293 U.S. 379, 55 S.Ct. 310 (1935), overruled by
Gulfstream
Aerospace Corp. v. Mayacamas Corp.,
485 U.S. 271, 108 S.Ct. 1133 (1988).
Aero Mayflower Transit Co. v. Georgia Public Service Commission,
295 U.S. 285, 55 S.Ct. 709,
(1935), overruled by
American Trucking Associations, Inc. v. Scheiner,
483 U.S. 266,
107 S.Ct. 2829 (1987). See also
American Trucking Associations, Inc. v. Smith,
496 U.S. 167,
110 S.Ct. 2323 (1990).
Triplett v. Lowell,
297 U.S. 638, 56 S.Ct. 645 (1936), overruled in part by
Blonder-Tongue
Laboratories, Inc. v. University of Illinois Foundation,
402 U.S. 313, 91 S.Ct. 1434 (1971).
Puget Sound Stevedoring Co. v. Tax Com'n of State of Washington,
302 U.S. 90, 58 S.Ct. 72
(1937), overruled by
Department of Revenue of State of Washington v. Association of Washington
Stevedoring Companies,
435 U.S. 734, 98 S.Ct. 1388 (1978).
Moore v. Illinois Central Railroad Co.,
312 U.S. 630, 61 S.Ct. 754 (1941), overruled in part by
Andrews v. Louisville & Nashville Railroad Co.,
406 U.S. 320, 92 S.Ct. 1562 (1972).
Valentine v. Chrestensen,
316 U.S. 52, 62 S.Ct. 920 (1942) held commercial speech had no
First Amendment protection. Overruled by
Virginia State Board of Pharmacy v. Virginia Citizens
Consumer Council, Inc.,
425 U.S. 748, 96 S.Ct. 1817 (1976).
Ettelson v. Metropolitan Life Ins. Co.,
317 U.S. 188, 63 S.Ct. 163 (1942), overruled by
Gulfstream Aerospace Corp. v. Mayacamas Corp.,
485 U.S. 271, 108 S.Ct. 1133 (1988).

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Ford Motor Co. v. Department of Treasury of State of Indiana,
323 U.S. 459, 65 S.Ct. 347
(1945), overruled by
Lapides v. Board of Regents of University System of Georgia,
535 U.S. 613,
122 S.Ct. 1640 (2002).
House v. Mayo,
324 U.S. 42, 65 S.Ct. 517 (1945) held that the U.S. Supreme Court lacks
jurisdiction to review denials of certificates of probable cause. Overruled by
Hohn v. U.S.,
524 U.S. 236, 118 S.Ct. 1969 (1998).
Commissioner of Internal Revenue v. Wilcox,
327 U.S. 404, 66 S.Ct. 546 (1946) held that
embezzled money was not taxable as income. Overruled in part by
James v. U.S.,
366 U.S. 213,
81 S.Ct. 1052 (1961).
Joseph v. Carter & Weekes Stevedoring Co.,
330 U.S. 422, 67 S.Ct. 815 (1947), overruled by
Department of Revenue of State of Washington v. Association of Washington Stevedoring
Companies,
435 U.S. 734, 98 S.Ct. 1388 (1978).
Goesaert v. Cleary,
335 U.S. 464, 69 S.Ct. 198 (1948), disapproved of by
Craig v. Boren,
429 U.S. 190, 210, n. 23 (1976) (“Insofar as
Goesaert v. Cleary,
335 U.S. 464, 69 S.Ct. 198, 93
L.Ed. 163 (1948), may be inconsistent, that decision is disapproved.”).
International Union, U. A. W., A. F. of L., Local 232 v. Wisconsin Employment Relations Board,
336 U.S. 245, 69 S.Ct. 516 (1949), overruled by
Lodge 76, Intern. Ass'n of Machinists and
Aerospace Workers, AFL-CIO v. Wisconsin Employment Relations Commission,
427 U.S. 132,
96 S.Ct. 2548 (1976).
Bryan v. U.S.,
338 U.S. 552, 70 S.Ct. 317 (1950), overruled by
Burks v. U.S.,
437 U.S. 1,
98 S.Ct. 2141 (1978).
Spector Motor Service v. O'Connor,
340 U.S. 602, 71 S.Ct. 508 (1951), overruled by
Complete
Auto Transit, Inc. v. Brady,
430 U.S. 274, 97 S.Ct. 1076 (1977).
Wilko v. Swan,
346 U.S. 427, 74 S.Ct. 182 (1953) held that the Securities Act prohibited
arbitration of disputes. Overruled by
Rodriguez de Quijas v. Shearson/American Exp., Inc.,
490 U.S. 477, 109 S.Ct. 1917 (1989).
U.S. v. Bramblett,
348 U.S. 503, 75 S.Ct. 504 (1955), overruled by
Hubbard v. U.S.,
514 U.S. 695, 715, 115 S.Ct. 1754, 1765 (1995).
Yates v. U. S.,
354 U.S. 298, 77 S.Ct. 1064 (1957), overruled by
Burks v. U.S.,
437 U.S. 1,
98 S.Ct. 2141 (1978).

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Morey v. Doud,
354 U.S. 457, 77 S.Ct. 1344 (1957), overruled by
City of New Orleans v. Dukes,
427 U.S. 297, 96 S.Ct. 2513 (1976).
Roth v. U.S.,
354 U.S. 476, 484, 77 S.Ct. 1304, 1309 (1957) and
A Book Named "John Cleland's
Memoirs of a Woman of Pleasure" v. Attorney General of Massachusetts,
383 U.S. 413, 418,
86 S.Ct. 975, 977 (1966) (plurality opinion) held speech was
un
protected obscenity if “the material
is utterly without redeeming social value.” Abrogated by
Miller v. California,
413 U.S. 15, 24,
93 S.Ct. 2607, 2615 (1973) (third criteria in
Roth
changed to: “do not have serious literary, artistic,
political, or scientific value.”).
Forman v. U.S.,
361 U.S. 416, 80 S.Ct. 481 (1960), overruled by
Burks v. U.S.,
437 U.S. 1,
98 S.Ct. 2141 (1978).
Jones v. U.S.,
362 U.S. 257, 80 S.Ct. 725 (1960), overruled by
U. S. v. Salvucci,
448 U.S. 83,
100 S.Ct. 2547 (1980).
Monroe v. Pape,
365 U.S. 167, 81 S.Ct. 473 (1961) held local governments were immune from
litigation under 42 U.S.C. § 1983. Overruled by
Monell v. Department of Social Services of City
of New York,
436 U.S. 658, 98 S.Ct. 2018 (1978).
Hoyt v. State of Florida,
368 U.S. 57, 82 S.Ct. 159 (1961) allowed the exclusion of women from
juries. Overruled by
Taylor v. Louisiana,
419 U.S. 522, 533-537 (1975) (at page 537: “...
we think
it is no longer tenable to hold that women as a class may be excluded to given automatic exemptions based
solely on sex if the consequence is that criminal jury venires are almost totally male. To this extent we
cannot follow the contrary implications of the prior cases, including
Hoyt v. Florida.
If it was ever the case
that women were unqualified to sit on juries or were so situated that none of them should be required to
perform jury service, that time has long since passed. If at one time it could be held that Sixth Amendment
juries must be drawn from a fair cross section of the community but that this requirement permitted the almost
total exclusion of women, this is not the case today.
”).
Townsend v. Sain,
372 U.S. 293, 83 S.Ct. 745 (1963), overruled by
Keeney v. Tamayo-Reyes,
504 U.S. 1, 112 S.Ct. 1715 (1992).
Parden v. Terminal Railway of Alabama State Docks Dept.,
377 U.S. 184, 84 S.Ct. 1207 (1964)
held that state-operated railroad could not plead sovereign immunity. Overruled by
Welch v. Texas
Dept. of Highways and Public Transportation,
483 U.S. 468, 107 S.Ct. 2941 (1987) and
College
Savings Bank v. Florida Prepaid Postsecondary Education Expense Board,
527 U.S. 666,
119 S.Ct. 2219 (1999).
General Motors Corp. v. Washington,
377 U.S. 436, 84 S.Ct. 1564 (1964), overruled by
Tyler
Pipe Industries, Inc. v. Washington State Dept. of Revenue,
483 U.S. 232, 107 S.Ct. 2810 (1987).

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Aguilar v. Texas,
378 U.S. 108, 84 S.Ct. 1509 (1964), overruled by
Illinois v. Gates,
462 U.S. 213, 103 S.Ct. 2317 (1983).
Swain v. Alabama,
380 U.S. 202, 85 S.Ct. 824 (1965), overruled by
Batson v. Kentucky,
476 U.S. 79, 106 S.Ct. 1712 (1986). See also
Allen v. Hardy,
478 U.S. 255, 106 S.Ct. 2878
(1986) (per curiam).
Joseph E. Seagram & Sons, Inc. v. Hostetter,
384 U.S. 35, 86 S.Ct. 1254 (1966), abrogated by
Healy v. Beer Institute, Inc.,
491 U.S. 324, 109 S.Ct. 2491 (1989).
Albrecht v. Herald Co.,
390 U.S. 145, 88 S.Ct. 869 (1968) held that vertical price fixing was a
per se violation of antitrust statutes. Overruled by
State Oil Co. v. Khan,
522 U.S. 3,
118 S.Ct. 275 (1997).
Maryland v. Wirtz,
392 U.S. 183, 88 S.Ct. 2017 (1968), overruled by
National League of Cities v.
Usery,
426 U.S. 833, 96 S.Ct. 2465 (1976). (
Usery
was later overruled.)
U. S. v. Arnold, Schwinn & Co.,
388 U.S. 365, 87 S.Ct. 1856 (1967), overruled by
Continental
Television, Inc. v. GTE Sylvania Inc.,
433 U.S. 36, 97 S.Ct. 2549 (1977).
Desist v. U.S.,
394 U.S. 244, 89 S.Ct. 1030 (1969), disapproved of by
Griffith v. Kentucky,
479 U.S. 314, 321-322, 107 S.Ct. 708, 712-713 (1987) (agreeing with Justice Harland’s dissent
in
Desist
).
Shapiro v. Thompson,
394 U.S. 618, 89 S.Ct. 1322 (1969), overruled in part by
Edelman v.
Jordan,
415 U.S. 651, 94 S.Ct. 1347 (1974).
O'Callahan v. Parker,
395 U.S. 258, 89 S.Ct. 1683 (1969) held that military personnel could not
be tried in military courts for crimes unrelated to their military service. Overruled by
Solorio v.
U.S.,
483 U.S. 435, 107 S.Ct. 2924 (1987).
North Carolina v. Pearce,
395 U.S. 711, 89 S.Ct. 2072 (1969) held that there was a presumption
of vindictiveness (and denial of due process) when the sentence at trial was greater than in a
pervious trial or plea bargain. Overruled by
Alabama v. Smith,
490 U.S. 794, 109 S.Ct. 2201
(1989).
Durham v. U.S.,
401 U.S. 481, 91 S.Ct. 858 (1971), overruled by
Dove v. U. S.,
423 U.S. 325,
96 S.Ct. 579 (1976).

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California v. LaRue,
409 U.S. 109, 93 S.Ct. 390 (1972), disagreed with by
44 Liquormart, Inc. v.
Rhode Island,
517 U.S. 484, 516 (1996) (“Without questioning the holding in
LaRue,
we now
disavow its reasoning insofar as it relied on the Twenty-first Amendment.”).
Bonelli Cattle Co. v. Arizona,
414 U.S. 313, 94 S.Ct. 517 (1973), overruled by
Oregon ex rel.
State Land Bd. v. Corvallis Sand & Gravel Co.,
429 U.S. 363, 97 S.Ct. 582 (1977).
Procunier v. Martinez,
416 U.S. 396, 94 S.Ct. 1800 (1974), overruled in
Thornburgh v. Abbott,
490 U.S. 401, 109 S.Ct. 1874 (1989).
U. S. v. Jenkins,
420 U.S. 358, 95 S.Ct. 1006 (1975), overruled by
U.S. v. Scott,
437 U.S. 82,
98 S.Ct. 2187 (1978).
Meek v. Pittenger,
421 U.S. 349, 95 S.Ct. 1753 (1975) absolutely prohibited tax money being
disbursed to religious elementary and secondary schools for education of pupils. Overruled by
Mitchell v. Helms,
530 U.S. 793, 120 S.Ct. 2530 (2000).
National League of Cities v. Usery,
426 U.S. 833, 96 S.Ct. 2465 (1976), overruled by
Garcia v.
San Antonio Metropolitan Transit Authority,
469 U.S. 528, 105 S.Ct. 1005 (1985).
Wolman v. Walter,
433 U.S. 229, 97 S.Ct. 2593 (1977), overruled by
Mitchell v. Helms,
530 U.S. 793, 120 S.Ct. 2530 (2000).
Arkansas v. Sanders,
442 U.S. 753, 99 S.Ct. 2586 (1979), abrogated by
California v. Acevedo,
500 U.S. 565, 111 S.Ct. 1982 (1991).
Parratt v. Taylor,
451 U.S. 527, 101 S.Ct. 1908 (1981), overruled by
Daniels v. Williams,
474 U.S. 327, 106 S.Ct. 662 (1986).
City of Akron v. Akron Center for Reproductive Health, Inc.,
462 U.S. 416, 103 S.Ct. 2481
(1983), overruled by
Planned Parenthood of Southeastern Pennsylvania v. Casey,
505 U.S. 833,
112 S.Ct. 2791 (1992).
School District of City of Grand Rapids v. Ball,
473 U.S. 373, 105 S.Ct. 3216 (1985) and
Aguilar
v. Felton,
473 U.S. 402, 105 S.Ct. 3232 (1985) held that teachers paid by taxpayers could not
teach in schools operated by religions. Overruled by
Agostini v. Felton,
521 U.S. 203, 117 S.Ct.
1997 (1997).
Thornburgh v. American College of Obstetricians and Gynecologists,
476 U.S. 747,
106 S.Ct. 2169 (1986), overruled by
Planned Parenthood of Southeastern Pennsylvania v. Casey,
505 U.S. 833, 112 S.Ct. 2791 (1992).

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Bowers v. Hardwick,
478 U.S. 186, 106 S.Ct. 2841 (1986) held valid a Georgia statute that
criminalized sodomy between two consenting adults. Overruled by
Lawrence v. Texas,
539 U.S.
558, 123 S.Ct. 2472 (2003).
Booth v. Maryland,
482 U.S. 496, 107 S.Ct. 2529 (1987), overruled by
Payne v. Tennessee,
501 U.S. 808, 111 S.Ct. 2597 (1991).
South Carolina v. Gathers,
490 U.S. 805, 109 S.Ct. 2207 (1989), overruled by
Payne v.
Tennessee,
501 U.S. 808, 111 S.Ct. 2597 (1991).
Pennsylvania v. Union Gas Co.,
491 U.S. 1, 109 S.Ct. 2273 (1989), overruled by
Seminole Tribe
of Florida v. Florida,
517 U.S. 44, 116 S.Ct. 1114 (1996).
Grady v. Corbin,
495 U.S. 508, 110 S.Ct. 2084 (1990), overruled by
U.S. v. Dixon,
509 U.S. 688, 113 S.Ct. 2849 (1993).
Metro Broadcasting, Inc. v. F.C.C.,
497 U.S. 547, 110 S.Ct. 2997 (1990) held that governmental
favoritism for some racial groups could be justified if they were “substantially related to
achievement of legitimate government interest”. Overruled by
Adarand Constructors, Inc. v.
Pena,
515 U.S. 200, 115 S.Ct. 2097 (1995), which applied strict scrutiny standard to all racial
classifications.
Walton v. Arizona,
497 U.S. 639, 110 S.Ct. 3047 (1990) held that a judge alone could impose the
death penalty. Overruled by
Ring v. Arizona,
536 U.S. 584, 122 S.Ct. 2428 (2002), which held
that a jury must recommend the death penalty.

 

[Moonglow]

Now all the court has to do is hear a 2nd amendment case and the 8 person court can say only a well regulated militia can have guns. gone just like that.

Except for the precedent thingy standing in the way...

THE DINGLE BERRIES NEVER CEASE TO AMAZE ME

CASES WHERE STARE DECISIS (THE PRECEDENT THINGY) DID NOT STAND IN THE WAY

Minturn v. Maynard,
58 U.S. 477 (1854) held that an agent was barred from suing a principal
under admiralty law. Overruled by
Exxon Corp. v. Central Gulf Lines, Inc.,
500 U.S. 603,
111 S.Ct. 2071 (1991).
Low v. Austin,
80 U.S. 29 (1871), overruled by
Michelin Tire Corp. v. Wages,
423 U.S. 276,
96 S.Ct. 535 (1976).
Pennoyer v. Neff,
95 U.S. 714 (1878), overruled in part by
Shaffer v. Heitner,
433 U.S. 186,
97 S.Ct. 2569 (1977).
Kring v. State of Missouri,
107 U.S. 221 (1883), overruled by
Collins v. Youngblood,
497 U.S. 37, 110 S.Ct. 2715 (1990).
Coffey v. U.S.,
116 U.S. 436, 6 S.Ct. 437 (1886), disapproved of by
U.S. v. One Assortment of
89 Firearms,
465 U.S. 354, 361, 104 S.Ct. 1099, 1104 (1984) (“
Whatever the validity of
Coffey
on
its facts, its ambiguous reasoning seems to have been a source of confusion for some time. .... Indeed, for
nearly a century, the analytical underpinnings of
Coffey
have been recognized as less than adequate.
[footnote omitted] The time has come to clarify that neither collateral estoppel nor double jeopardy bars a
civil, remedial forfeiture proceeding initiated following an acquittal on related criminal charges. To the extent
that
Coffey v. United States
suggests otherwise, it is hereby disapproved.
”).
The Harrisburg,
119 U.S. 199, 7 S.Ct. 140 (1886) held that federal maritime law did not
recognize a cause of action for wrongful death. Overruled by
Moragne v. States Marine Lines,
Inc.,
398 U.S. 375, 90 S.Ct. 1772 (1970). See also
Yamaha Motor Corp., U.S.A. v. Calhoun,
516 U.S. 199 (1996).

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Ex parte Bain,
121 U.S. 1, 7 S.Ct. 781 (1887), overruled by
U.S. v. Miller,
471 U.S. 130, 144,
105 S.Ct. 1811, 1819 (1985) (“
To the extent
Bain
stands for the proposition that it constitutes an
unconstitutional amendment to drop from an indictment those allegations that are unnecessary to an offense
that is clearly contained within it, that case has simply not survived. To avoid further confusion, we now
explicitly reject that proposition.
”) and
U.S. v. Cotton,
535 U.S. 625, 122 S.Ct. 1781 (2002).
Pollock v. Farmers' Loan & Trust Co.,
157 U.S. 429, 15 S.Ct. 673 (1895), overruled by
South
Carolina v. Baker,
485 U.S. 505, 108 S.Ct. 1355 (1988).
Geer v. State of Connecticut,
161 U.S. 519, 16 S.Ct. 600 (1896), overruled by
Hughes v.
Oklahoma,
441 U.S. 322, 99 S.Ct. 1727 (1979).
Thompson v. State of Utah,
170 U.S. 343, 18 S.Ct. 620 (1898), overruled by
Collins v.
Youngblood,
497 U.S. 37, 110 S.Ct. 2715 (1990).
Pope v. Williams,
193 U.S. 621, 24 S.Ct. 573 (1904), overruled by
Dunn v. Blumstein,
405 U.S. 330, 337, n. 7, 92 S.Ct. 995, 1000 (1972) (“To the extent that dicta in that opinion are
inconsistent with the test we apply or the result we reach today, those dicta are rejected.”).
Evans v. Gore,
253 U.S. 245, 40 S.Ct. 550 (1920). Overruled by
U.S. v. Hatter,
532 U.S. 557,
121 S.Ct. 1782 (2001).
Heisler v. Thomas Colliery Co.,
260 U.S. 245, 43 S.Ct. 83 ( 1922), disapproved of by
Commonwealth Edison Co. v. Montana,
453 U.S. 609, 101 S.Ct. 2946 (1981) (
at page 614: “We
agree that
Heisler's
reasoning has been undermined by more recent cases. The
Heisler
analysis evolved at a
time when the Commerce Clause was thought to prohibit the States from imposing any direct taxes on
interstate commerce.” At page 617: “Any contrary statements in
Heisler
and its progeny are disapproved.”
But see footnote 7: “This is not to suggest, however, that
Heisler
and its progeny were wrongly decided.”
).
Quaker City Cab Co. v. Commonwealth of Pennsylvania,
277 U.S. 389, 48 S.Ct. 553 (1928),
abrogated by
Lehnhausen v. Lake Shore Auto Parts Co.,
410 U.S. 356, 365, 93 S.Ct. 1001, 1006
(1973) (“
Quaker City Cab Co. v. Pennsylvania
is only a relic of a bygone era. We cannot follow
it and stay within the narrow confines of judicial review, which is an important part of our
constitutional tradition.”).

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Olmstead v. U.S.,
277 U.S. 438, 48 S.Ct. 564 (1928) held that telephone wiretaps are not
forbidden by the Fourth Amendment. Overruled by
Berger v. State of N.Y.,
388 U.S. 41, 64,
87 S.Ct. 1873, 1886 (1967) (Douglas, J., concurring) (“I join the opinion of the Court because at
long last it overrules sub silentio
Olmstead v. United States,
277 U.S. 438, 48 S.Ct. 564, 72 L.Ed.
944, and its offspring and brings wiretapping and other electronic eavesdropping fully within the
purview of the Fourth Amendment.”) and by
Katz v. U.S.,
389 U.S. 347, 362, n. *, 88 S.Ct. 507,
517 (1967) (Harlan, J., concurring) (“... today's decision must be recognized as overruling
Olmstead v. United States,
277 U.S. 438, 48 S.Ct. 564, 72 L.Ed. 944, which essentially rested on
the ground that conversations were not subject to the protection of the Fourth Amendment.”).
Louis K. Liggett Co. v. Baldridge,
278 U.S. 105, 49 S.Ct. 57 (1928), overruled by
North Dakota
State Bd. of Pharmacy v. Snyder's Drug Stores, Inc.,
414 U.S. 156, 94 S.Ct. 407 (1973).
Sinclair v. U.S.,
279 U.S. 263, 49 S.Ct. 268 (1929), overruled by
U.S. v. Gaudin,
515 U.S. 506,
115 S.Ct. 2310 (1995).
Enelow v. New York Life Ins. Co.,
293 U.S. 379, 55 S.Ct. 310 (1935), overruled by
Gulfstream
Aerospace Corp. v. Mayacamas Corp.,
485 U.S. 271, 108 S.Ct. 1133 (1988).
Aero Mayflower Transit Co. v. Georgia Public Service Commission,
295 U.S. 285, 55 S.Ct. 709,
(1935), overruled by
American Trucking Associations, Inc. v. Scheiner,
483 U.S. 266,
107 S.Ct. 2829 (1987). See also
American Trucking Associations, Inc. v. Smith,
496 U.S. 167,
110 S.Ct. 2323 (1990).
Triplett v. Lowell,
297 U.S. 638, 56 S.Ct. 645 (1936), overruled in part by
Blonder-Tongue
Laboratories, Inc. v. University of Illinois Foundation,
402 U.S. 313, 91 S.Ct. 1434 (1971).
Puget Sound Stevedoring Co. v. Tax Com'n of State of Washington,
302 U.S. 90, 58 S.Ct. 72
(1937), overruled by
Department of Revenue of State of Washington v. Association of Washington
Stevedoring Companies,
435 U.S. 734, 98 S.Ct. 1388 (1978).
Moore v. Illinois Central Railroad Co.,
312 U.S. 630, 61 S.Ct. 754 (1941), overruled in part by
Andrews v. Louisville & Nashville Railroad Co.,
406 U.S. 320, 92 S.Ct. 1562 (1972).
Valentine v. Chrestensen,
316 U.S. 52, 62 S.Ct. 920 (1942) held commercial speech had no
First Amendment protection. Overruled by
Virginia State Board of Pharmacy v. Virginia Citizens
Consumer Council, Inc.,
425 U.S. 748, 96 S.Ct. 1817 (1976).
Ettelson v. Metropolitan Life Ins. Co.,
317 U.S. 188, 63 S.Ct. 163 (1942), overruled by
Gulfstream Aerospace Corp. v. Mayacamas Corp.,
485 U.S. 271, 108 S.Ct. 1133 (1988).

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Ford Motor Co. v. Department of Treasury of State of Indiana,
323 U.S. 459, 65 S.Ct. 347
(1945), overruled by
Lapides v. Board of Regents of University System of Georgia,
535 U.S. 613,
122 S.Ct. 1640 (2002).
House v. Mayo,
324 U.S. 42, 65 S.Ct. 517 (1945) held that the U.S. Supreme Court lacks
jurisdiction to review denials of certificates of probable cause. Overruled by
Hohn v. U.S.,
524 U.S. 236, 118 S.Ct. 1969 (1998).
Commissioner of Internal Revenue v. Wilcox,
327 U.S. 404, 66 S.Ct. 546 (1946) held that
embezzled money was not taxable as income. Overruled in part by
James v. U.S.,
366 U.S. 213,
81 S.Ct. 1052 (1961).
Joseph v. Carter & Weekes Stevedoring Co.,
330 U.S. 422, 67 S.Ct. 815 (1947), overruled by
Department of Revenue of State of Washington v. Association of Washington Stevedoring
Companies,
435 U.S. 734, 98 S.Ct. 1388 (1978).
Goesaert v. Cleary,
335 U.S. 464, 69 S.Ct. 198 (1948), disapproved of by
Craig v. Boren,
429 U.S. 190, 210, n. 23 (1976) (“Insofar as
Goesaert v. Cleary,
335 U.S. 464, 69 S.Ct. 198, 93
L.Ed. 163 (1948), may be inconsistent, that decision is disapproved.”).
International Union, U. A. W., A. F. of L., Local 232 v. Wisconsin Employment Relations Board,
336 U.S. 245, 69 S.Ct. 516 (1949), overruled by
Lodge 76, Intern. Ass'n of Machinists and
Aerospace Workers, AFL-CIO v. Wisconsin Employment Relations Commission,
427 U.S. 132,
96 S.Ct. 2548 (1976).
Bryan v. U.S.,
338 U.S. 552, 70 S.Ct. 317 (1950), overruled by
Burks v. U.S.,
437 U.S. 1,
98 S.Ct. 2141 (1978).
Spector Motor Service v. O'Connor,
340 U.S. 602, 71 S.Ct. 508 (1951), overruled by
Complete
Auto Transit, Inc. v. Brady,
430 U.S. 274, 97 S.Ct. 1076 (1977).
Wilko v. Swan,
346 U.S. 427, 74 S.Ct. 182 (1953) held that the Securities Act prohibited
arbitration of disputes. Overruled by
Rodriguez de Quijas v. Shearson/American Exp., Inc.,
490 U.S. 477, 109 S.Ct. 1917 (1989).
U.S. v. Bramblett,
348 U.S. 503, 75 S.Ct. 504 (1955), overruled by
Hubbard v. U.S.,
514 U.S. 695, 715, 115 S.Ct. 1754, 1765 (1995).
Yates v. U. S.,
354 U.S. 298, 77 S.Ct. 1064 (1957), overruled by
Burks v. U.S.,
437 U.S. 1,
98 S.Ct. 2141 (1978).

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Morey v. Doud,
354 U.S. 457, 77 S.Ct. 1344 (1957), overruled by
City of New Orleans v. Dukes,
427 U.S. 297, 96 S.Ct. 2513 (1976).
Roth v. U.S.,
354 U.S. 476, 484, 77 S.Ct. 1304, 1309 (1957) and
A Book Named "John Cleland's
Memoirs of a Woman of Pleasure" v. Attorney General of Massachusetts,
383 U.S. 413, 418,
86 S.Ct. 975, 977 (1966) (plurality opinion) held speech was
un
protected obscenity if “the material
is utterly without redeeming social value.” Abrogated by
Miller v. California,
413 U.S. 15, 24,
93 S.Ct. 2607, 2615 (1973) (third criteria in
Roth
changed to: “do not have serious literary, artistic,
political, or scientific value.”).
Forman v. U.S.,
361 U.S. 416, 80 S.Ct. 481 (1960), overruled by
Burks v. U.S.,
437 U.S. 1,
98 S.Ct. 2141 (1978).
Jones v. U.S.,
362 U.S. 257, 80 S.Ct. 725 (1960), overruled by
U. S. v. Salvucci,
448 U.S. 83,
100 S.Ct. 2547 (1980).
Monroe v. Pape,
365 U.S. 167, 81 S.Ct. 473 (1961) held local governments were immune from
litigation under 42 U.S.C. § 1983. Overruled by
Monell v. Department of Social Services of City
of New York,
436 U.S. 658, 98 S.Ct. 2018 (1978).
Hoyt v. State of Florida,
368 U.S. 57, 82 S.Ct. 159 (1961) allowed the exclusion of women from
juries. Overruled by
Taylor v. Louisiana,
419 U.S. 522, 533-537 (1975) (at page 537: “...
we think
it is no longer tenable to hold that women as a class may be excluded to given automatic exemptions based
solely on sex if the consequence is that criminal jury venires are almost totally male. To this extent we
cannot follow the contrary implications of the prior cases, including
Hoyt v. Florida.
If it was ever the case
that women were unqualified to sit on juries or were so situated that none of them should be required to
perform jury service, that time has long since passed. If at one time it could be held that Sixth Amendment
juries must be drawn from a fair cross section of the community but that this requirement permitted the almost
total exclusion of women, this is not the case today.
”).
Townsend v. Sain,
372 U.S. 293, 83 S.Ct. 745 (1963), overruled by
Keeney v. Tamayo-Reyes,
504 U.S. 1, 112 S.Ct. 1715 (1992).
Parden v. Terminal Railway of Alabama State Docks Dept.,
377 U.S. 184, 84 S.Ct. 1207 (1964)
held that state-operated railroad could not plead sovereign immunity. Overruled by
Welch v. Texas
Dept. of Highways and Public Transportation,
483 U.S. 468, 107 S.Ct. 2941 (1987) and
College
Savings Bank v. Florida Prepaid Postsecondary Education Expense Board,
527 U.S. 666,
119 S.Ct. 2219 (1999).
General Motors Corp. v. Washington,
377 U.S. 436, 84 S.Ct. 1564 (1964), overruled by
Tyler
Pipe Industries, Inc. v. Washington State Dept. of Revenue,
483 U.S. 232, 107 S.Ct. 2810 (1987).

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Aguilar v. Texas,
378 U.S. 108, 84 S.Ct. 1509 (1964), overruled by
Illinois v. Gates,
462 U.S. 213, 103 S.Ct. 2317 (1983).
Swain v. Alabama,
380 U.S. 202, 85 S.Ct. 824 (1965), overruled by
Batson v. Kentucky,
476 U.S. 79, 106 S.Ct. 1712 (1986). See also
Allen v. Hardy,
478 U.S. 255, 106 S.Ct. 2878
(1986) (per curiam).
Joseph E. Seagram & Sons, Inc. v. Hostetter,
384 U.S. 35, 86 S.Ct. 1254 (1966), abrogated by
Healy v. Beer Institute, Inc.,
491 U.S. 324, 109 S.Ct. 2491 (1989).
Albrecht v. Herald Co.,
390 U.S. 145, 88 S.Ct. 869 (1968) held that vertical price fixing was a
per se violation of antitrust statutes. Overruled by
State Oil Co. v. Khan,
522 U.S. 3,
118 S.Ct. 275 (1997).
Maryland v. Wirtz,
392 U.S. 183, 88 S.Ct. 2017 (1968), overruled by
National League of Cities v.
Usery,
426 U.S. 833, 96 S.Ct. 2465 (1976). (
Usery
was later overruled.)
U. S. v. Arnold, Schwinn & Co.,
388 U.S. 365, 87 S.Ct. 1856 (1967), overruled by
Continental
Television, Inc. v. GTE Sylvania Inc.,
433 U.S. 36, 97 S.Ct. 2549 (1977).
Desist v. U.S.,
394 U.S. 244, 89 S.Ct. 1030 (1969), disapproved of by
Griffith v. Kentucky,
479 U.S. 314, 321-322, 107 S.Ct. 708, 712-713 (1987) (agreeing with Justice Harland’s dissent
in
Desist
).
Shapiro v. Thompson,
394 U.S. 618, 89 S.Ct. 1322 (1969), overruled in part by
Edelman v.
Jordan,
415 U.S. 651, 94 S.Ct. 1347 (1974).
O'Callahan v. Parker,
395 U.S. 258, 89 S.Ct. 1683 (1969) held that military personnel could not
be tried in military courts for crimes unrelated to their military service. Overruled by
Solorio v.
U.S.,
483 U.S. 435, 107 S.Ct. 2924 (1987).
North Carolina v. Pearce,
395 U.S. 711, 89 S.Ct. 2072 (1969) held that there was a presumption
of vindictiveness (and denial of due process) when the sentence at trial was greater than in a
pervious trial or plea bargain. Overruled by
Alabama v. Smith,
490 U.S. 794, 109 S.Ct. 2201
(1989).
Durham v. U.S.,
401 U.S. 481, 91 S.Ct. 858 (1971), overruled by
Dove v. U. S.,
423 U.S. 325,
96 S.Ct. 579 (1976).

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California v. LaRue,
409 U.S. 109, 93 S.Ct. 390 (1972), disagreed with by
44 Liquormart, Inc. v.
Rhode Island,
517 U.S. 484, 516 (1996) (“Without questioning the holding in
LaRue,
we now
disavow its reasoning insofar as it relied on the Twenty-first Amendment.”).
Bonelli Cattle Co. v. Arizona,
414 U.S. 313, 94 S.Ct. 517 (1973), overruled by
Oregon ex rel.
State Land Bd. v. Corvallis Sand & Gravel Co.,
429 U.S. 363, 97 S.Ct. 582 (1977).
Procunier v. Martinez,
416 U.S. 396, 94 S.Ct. 1800 (1974), overruled in
Thornburgh v. Abbott,
490 U.S. 401, 109 S.Ct. 1874 (1989).
U. S. v. Jenkins,
420 U.S. 358, 95 S.Ct. 1006 (1975), overruled by
U.S. v. Scott,
437 U.S. 82,
98 S.Ct. 2187 (1978).
Meek v. Pittenger,
421 U.S. 349, 95 S.Ct. 1753 (1975) absolutely prohibited tax money being
disbursed to religious elementary and secondary schools for education of pupils. Overruled by
Mitchell v. Helms,
530 U.S. 793, 120 S.Ct. 2530 (2000).
National League of Cities v. Usery,
426 U.S. 833, 96 S.Ct. 2465 (1976), overruled by
Garcia v.
San Antonio Metropolitan Transit Authority,
469 U.S. 528, 105 S.Ct. 1005 (1985).
Wolman v. Walter,
433 U.S. 229, 97 S.Ct. 2593 (1977), overruled by
Mitchell v. Helms,
530 U.S. 793, 120 S.Ct. 2530 (2000).
Arkansas v. Sanders,
442 U.S. 753, 99 S.Ct. 2586 (1979), abrogated by
California v. Acevedo,
500 U.S. 565, 111 S.Ct. 1982 (1991).
Parratt v. Taylor,
451 U.S. 527, 101 S.Ct. 1908 (1981), overruled by
Daniels v. Williams,
474 U.S. 327, 106 S.Ct. 662 (1986).
City of Akron v. Akron Center for Reproductive Health, Inc.,
462 U.S. 416, 103 S.Ct. 2481
(1983), overruled by
Planned Parenthood of Southeastern Pennsylvania v. Casey,
505 U.S. 833,
112 S.Ct. 2791 (1992).
School District of City of Grand Rapids v. Ball,
473 U.S. 373, 105 S.Ct. 3216 (1985) and
Aguilar
v. Felton,
473 U.S. 402, 105 S.Ct. 3232 (1985) held that teachers paid by taxpayers could not
teach in schools operated by religions. Overruled by
Agostini v. Felton,
521 U.S. 203, 117 S.Ct.
1997 (1997).
Thornburgh v. American College of Obstetricians and Gynecologists,
476 U.S. 747,
106 S.Ct. 2169 (1986), overruled by
Planned Parenthood of Southeastern Pennsylvania v. Casey,
505 U.S. 833, 112 S.Ct. 2791 (1992).

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Bowers v. Hardwick,
478 U.S. 186, 106 S.Ct. 2841 (1986) held valid a Georgia statute that
criminalized sodomy between two consenting adults. Overruled by
Lawrence v. Texas,
539 U.S.
558, 123 S.Ct. 2472 (2003).
Booth v. Maryland,
482 U.S. 496, 107 S.Ct. 2529 (1987), overruled by
Payne v. Tennessee,
501 U.S. 808, 111 S.Ct. 2597 (1991).
South Carolina v. Gathers,
490 U.S. 805, 109 S.Ct. 2207 (1989), overruled by
Payne v.
Tennessee,
501 U.S. 808, 111 S.Ct. 2597 (1991).
Pennsylvania v. Union Gas Co.,
491 U.S. 1, 109 S.Ct. 2273 (1989), overruled by
Seminole Tribe
of Florida v. Florida,
517 U.S. 44, 116 S.Ct. 1114 (1996).
Grady v. Corbin,
495 U.S. 508, 110 S.Ct. 2084 (1990), overruled by
U.S. v. Dixon,
509 U.S. 688, 113 S.Ct. 2849 (1993).
Metro Broadcasting, Inc. v. F.C.C.,
497 U.S. 547, 110 S.Ct. 2997 (1990) held that governmental
favoritism for some racial groups could be justified if they were “substantially related to
achievement of legitimate government interest”. Overruled by
Adarand Constructors, Inc. v.
Pena,
515 U.S. 200, 115 S.Ct. 2097 (1995), which applied strict scrutiny standard to all racial
classifications.
Walton v. Arizona,
497 U.S. 639, 110 S.Ct. 3047 (1990) held that a judge alone could impose the
death penalty. Overruled by
Ring v. Arizona,
536 U.S. 584, 122 S.Ct. 2428 (2002), which held
that a jury must recommend the death penalty.

Should have just shown the ones concerning the second amendment..