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jimmy the one

(2,717 posts)
78. barroom dancer april love
Wed Nov 11, 2015, 11:30 AM
Nov 2015

surf guru: So you think a unanimous decision (to reverse and remand) where the Justices only hear the government's arguments {,} carries more weight than a split decision where both parties and numerous amici fully briefed the Court {,} and both parties argued their positions before the Court?

Indeed I do. Jack Miller was simply the catalyst for 1939 miller case, just as emerson was the catalyst for 2008 heller. That they both were accused & 'tried' of firearm violations hasn't that much to do with the renderings of the courts regarding the militia vs the individual interpretations.
1939 scotus unanimously held for the militia view, while 2008 scotus narrowly held 5-4 for an individual rkba, split upon liberal vs conservative views. You surfer guru, argue for the far right wing interpretation of 2ndA in almost everything you present. I remind you that you oppose the dominant democrat position & we post on democrat underground. Perhaps you would prefer posting on nra or goa websites or 'rightwing republican underground' where you can prop up inter alios ted cruz rand paul & Donald trump.

surfer guru: As the Cases court recognized,

Since you introduced circuit/appellate courts, april love vs pepersack, 4th circ:
1994/95: Citing law review articles, Love argues that she has an individual federal constitutional right to "keep and bear" a handgun, and Maryland may not infringe upon this right. She is wrong on both counts. The Second Amendment does not apply to the states. Presser v. Illinois, (1886); United States v. Cruikshank, (1876).
Moreover, even as against federal regulation, the amendment does not confer an absolute individual right to bear any type of firearm. In 1939, the Supreme Court held that the federal statute prohibiting possession of a sawed-off shotgun was constitutional, because the defendant had not shown that his possession of such a gun bore a "reasonable relationship to the preservation or efficiency of a well regulated militia." United States v. Miller,(1939).
Since then, the lower federal courts have uniformly held that the Second Amendment preserves a collective, rather than individual, right. This court's precedent is United States v. Johnson,(4th Cir. 1974). In Johnson, the defendant challenged the constitutionality of the federal statute prohibiting possession of firearms by convicted felons. We were not impressed.

Johnson's argument that [18 U.S.C. §] 922(g) is an unconstitutional violation of his Second Amendment right to keep and bear arms is not new. See, e.g., United States v. Miller, (1939). The courts have consistently held that the Second Amendment only confers a collective right of keeping and bearing arms which must bear a "reasonable relationship to the preservation or efficiency of a well-regulated militia." Johnson presents no evidence that section 922(g) in any way affects the maintenance of a well regulated militia.
Love has likewise not identified how her possession of a handgun will preserve or insure the effectiveness of the militia. The judgment is affirmed.
http://www.guncite.com/court/fed/47f3d120.html

Another drive by post with no comment OakCliffDem Oct 2015 #1
Or we could change the SC make up and safeinOhio Oct 2015 #2
Except that the majority of citizens know it is not a collective right OakCliffDem Oct 2015 #4
"Natural Rights" and John Locke. safeinOhio Oct 2015 #5
Natural law folks safeinOhio Oct 2015 #9
That genie won't go back in the bottle Big_Mike Oct 2015 #27
what he said safeinOhio Oct 2015 #28
Stevens has been very forthright in stating and restating his position on 2A Big_Mike Oct 2015 #29
Just one vote, or one judge away from safeinOhio Oct 2015 #30
Just ike they ruled against gay marriage, "Obamacare" and repealed Roe v. Wade? DonP Oct 2015 #32
Who is it, do you think, thats going to bring a second amendment case... beevul Oct 2015 #33
Yep I missed that as I was focused on safeinOhio Oct 2015 #34
Hes just letting everyone know that he either doesn't understand... beevul Oct 2015 #35
Some really crazy gun rights person safeinOhio Oct 2015 #36
The latest in a long chain of similar examples, I'm sure. beevul Oct 2015 #37
You are focused on an invented interpretation. Surf Fishing Guru Nov 2015 #38
but, but, but, but safeinOhio Nov 2015 #39
no, he is describing the concept gejohnston Nov 2015 #40
and the 2nd is the ONLY right safeinOhio Nov 2015 #41
said no scholar ever gejohnston Nov 2015 #51
Really? safeinOhio Nov 2015 #52
for more about the author safeinOhio Nov 2015 #53
two critiques of his gejohnston Nov 2015 #55
No scholar ever. safeinOhio Nov 2015 #57
Saul Cornell gejohnston Nov 2015 #54
You said "NO scholar ever". safeinOhio Nov 2015 #56
I also said who studied the issue seriously gejohnston Nov 2015 #58
OK, how about 15 eminent university professors of early american history safeinOhio Nov 2015 #60
did they base their opinions on gejohnston Nov 2015 #61
fifteen eminent university professors of early American history safeinOhio Nov 2015 #62
your logical fallacy is gejohnston Nov 2015 #63
to answer your question gejohnston Nov 2015 #64
Sure academics can get called out on what they safeinOhio Nov 2015 #65
they all do gejohnston Nov 2015 #66
Is someone who sells out to a gejohnston Nov 2015 #59
You should do some research. Write a paper. safeinOhio Nov 2015 #67
why when so many have done much better gejohnston Nov 2015 #68
what, what, what, what . . . Surf Fishing Guru Nov 2015 #50
how did you miss 1939 miller???? jimmy the one Nov 2015 #44
So,did that repeal the National Firearms act, pass a few years earlier safeinOhio Nov 2015 #45
Well . . . Surf Fishing Guru Nov 2015 #49
militia centric jimmy the one Nov 2015 #72
You have a very fertile mind and great skill finding souces rife with confirmation bias Surf Fishing Guru Nov 2015 #74
surfer guru in fantasy land jimmy the one Nov 2015 #76
Oh Jimmy! Surf Fishing Guru Nov 2015 #80
barroom dancer april love jimmy the one Nov 2015 #78
Awwww Jimmy . . . Surf Fishing Guru Nov 2015 #81
no louisiana militias circa reconstruction? jimmy the one Nov 2015 #79
Facepalm . . . Surf Fishing Guru Nov 2015 #82
con artist in the surf jimmy the one Nov 2015 #83
No kidding. They think the NRA disbanding will change the constitution? yeoman6987 Oct 2015 #3
The NRA and accomplices managed to change the reading of the Second Amendment... Human101948 Oct 2015 #8
Accomplices? People such as Big_Mike Oct 2015 #10
Scholarship? Human101948 Oct 2015 #11
Yes, scholarship Big_Mike Oct 2015 #26
lawrence tribe misconception strikes again jimmy the one Nov 2015 #43
I read an article on it in the NY Times years ago. Big_Mike Nov 2015 #69
Still think Tribe is on your side? jimmy the one Nov 2015 #70
You miss my point regarding Professor Tribe Big_Mike Nov 2015 #75
The 2A posits an individual right that can be strictly regulated hack89 Nov 2015 #77
Destroying rights is really "progressive"....what a dolt. ileus Oct 2015 #6
World Nut Daily? Really? krispos42 Oct 2015 #7
Aren't we always lectured by our "betters" on using right wing sources? DonP Oct 2015 #12
You can use any source IF it fits an agenda. ileus Oct 2015 #13
Well, some people can. Others are pilloried for doing it. DonP Oct 2015 #14
You mean this one? GGJohn Oct 2015 #19
Ah, the vanishing and reappearing Co-Captain of Castle Bansalot DonP Oct 2015 #21
So true Duckhunter935 Oct 2015 #23
I recall a post sarisataka Oct 2015 #24
That's rich sarisataka Oct 2015 #15
"...articles written by noted politcal analysts Chuck Norris, Pat Boone and Charlie Daniels." beardown Oct 2015 #22
Ah, The Political Theory of Mass Extinction rides again. Eleanors38 Oct 2015 #16
Gee, SecMo, someone was complaining in ATA 'bout using RW sources in gun discussions. Eleanors38 Oct 2015 #17
I thought World Nut Daily was a no no here? GGJohn Oct 2015 #18
Nice rightwing nutbag source Duckhunter935 Oct 2015 #20
So the gun control movement is reduced to racism and eliminationism. Nuclear Unicorn Oct 2015 #25
There's no fool ... Straw Man Oct 2015 #31
hispanics on planet pew jimmy the one Nov 2015 #42
Yup, Planet Pew ... Straw Man Nov 2015 #46
more from planet pew jimmy the one Nov 2015 #47
Nice cherry-picking, Jimbo. Straw Man Nov 2015 #48
entrail auspices jimmy the one Nov 2015 #71
Polls don't tell us what people really think ... Straw Man Nov 2015 #73
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