Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

jimmy the one

(2,717 posts)
83. con artist in the surf
Fri Nov 20, 2015, 11:25 AM
Nov 2015

surf guru: Heller was 9-0 for the individual right view -- Breyer saying, "I take as a starting point the following four propositions, based on our precedent and today’s opinions, to which I believe the entire Court subscribes:
(1) The Amendment protects an “individual” right" . . . "


You are wrong, your deceitful manipulation becomes apparent. To try to hoodwink readers that heller was 9-0 for an individual rkba interpretation demonstrates either your duplicitous deceptive nature, or your misconception of what was actually written.
Surfer guru cites simply ONE of the 4 interpretations of 2ndA which exist today & noted by breyer, then surf guru misleads by leaving off the other 3 considerations, thus misleading that breyer was actually an individual rkba adherent:

Justice breyer in fuller context shows surfer guru for a charlatan: In interpreting and applying this Amendment, I take as a starting point the following four propositions, based on our precedent and today’s opinions, to which I believe the entire Court subscribes:
(Proposition) (1) The Amendment protects an “individual” right—i.e., one that is separately possessed, and may be separately enforced, by each person on whom it is conferred;
(2) As evidenced by its preamble, the Amendment was adopted “with obvious purpose to assure the continuation and render possible the effectiveness of forces.” United States v. Miller,(1939);
(3) The Amendment “must be interpreted and applied with that end in view.” Miller..
(4) The right protected by the Second Amendment is not absolute, but instead is subject to government regulation. Robertson v. Baldwin, (1897).


Yes, those are the 4 possible constructions & rulings today which 2ndA has morphed into. Note how scam artist surf guru only mentioned proposition 1 which is individual rkba friendly.
But Breyer was NOT contending he, nor the 'entire court' of 9 justices, considered 2ndA an individual righr. Surfer guru is an unethical spin doctor.
Justice Breyer, in proposition 1 above, was simply noting that the 2ndA when considered AS an individual right was ONE of the several 2ndA interpretations which exist.
Two other propositions breyer noted (2 & 3), described that the collective/militia interpretation also existed. These 4 propositions are what justice breyer meant when he said 'all justices could agree with' existed, and thus formed the basis for further debate.
In proposition 1, breyer was simply defining what the individual right was, note his usage of i.e. which means roughly 'in example': The Amendment protects an “individual” right—i.e., one that is separately possessed, and may be separately enforced, by each person on whom it is conferred; - this then became the basis for court discussion whether the 2ndA did indeed confer an individual right. But breyer was not contending propostion 1 was what the dissent adhered to.
http://www.democraticunderground.com/?com=view_post&forum=1172&pid=117174
______________________________________________________________
surfer guru: The dissents also agreed that, "The question presented by this case is not whether the Second Amendment protects a “collective right” or an “individual right.” " so how can you argue with a straight face that Heller actually decided that question and that the dissents actually held that the right secured by the 2nd Amendment was "collective"?

.. despite your prolific erudite double double talk talk you are quite naive about this, & rely largely on twisting about what was written, or cherry picking out of context. Stevens is contending that a hypothetical 'conclusion' that 2ndA might convey an individual right, does not say how the individual right would be applied. He implies in later text that any individual right would be a right or duty to belong to a militia.

In fuller context, the dissent surf guru cites above: The question presented by this case is not whether the Second Amendment protects a “collective right” or an “individual right.” Surely it protects a right that can be enforced by individuals. But a conclusion that the Second Amendment protects an individual right does not tell us anything about the scope of that right.

stevens later text: Whether it also protects the right to possess and use guns for nonmilitary purposes like hunting and personal self-defense is the question presented by this case. The text of the Amendment, its history, and our decision in United States v. Miller, (1939) , provide a clear answer to that question.
The Second Amendment was adopted to protect the right of the people of each of the several States to maintain a well-regulated militia.. Specifically, there is no indication that the Framers of the Amendment intended to enshrine the common-law right of self-defense in the Constitution.
The opinion the {Scalia/heller} Court announces today fails to identify any new evidence supporting the view that the Amendment was intended to limit the power of Congress to regulate civilian uses of weapons. Unable to point to any such evidence, the Court stakes its holding on a strained and unpersuasive reading of the Amendment’s text; significantly different provisions in the 1689 English Bill of Rights, and in various 19th-century State Constitutions; post-enactment commentary that was available to the Court when it decided Miller; and, ultimately, a feeble attempt to distinguish Miller that places more emphasis on the Court’s decisional process than on the reasoning in the opinion itself.


The last emboldened sentence above, readers, is what the charlatan surf guru is doing as well - a feeble attempt using strained reasoning.
And of course the 1688/89 english 'have arms' decree from their bor established a militia based rkba for protestants, which scalia errantly referred to as an individual rkba (in heller).

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
Latest Discussions»Issue Forums»Gun Control & RKBA»Replacing white people to...»Reply #83