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Gun Control & RKBA
In reply to the discussion: How the NRA Rewrote the 2nd Amendment -- The Founders never intended to create unregulated guns [View all]friendly_iconoclast
(15,333 posts)6. "(Y)ou will not smear them or Waldman." My my, aren't *we* full of ourselves!
I especially like how Waldman advocates a political strategy identical to the one the gestation slavers are
using against Roe v Wade, only directed in a different direction.
Improbably, the gun movements triumph has become a template for progressives, many of whom are appalled by the substance of the victories. Keene was joined by Evan Wolfson, the organizer of Freedom to Marry, whose movement has begun to win startling victories for marriage equality in courts. Once, conservatives fumed about activist courts enforcing newly articulated rightsa womans right to reproductive choice, equal protection for all races. But just as they learned from the lefts legal victories in those fields, today progressives are trying to re-learn from their conservative counterparts.
One lesson: patience. The fight for gun rights took decades. Another lesson, perhaps obvious: There is no substitute for political organizing. A century ago the satirical character Mr. Dooley famously said in an Irish brogue, No matter whether th' Constitution follows th' flag or not, the Supreme Coort follows th' iliction returns. Before social movements can win at the court they must win at the ballot box. The five justices in the Heller majority were all nominated by presidents who themselves were NRA members.
But even more important is this: Activists turned their fight over gun control into a constitutional crusade. Modern political consultants may tell clients that constitutional law and the role of the Supreme Court is too arcane for discussion at the proverbial kitchen table. Nonsense. Americans always have been engaged, and at times enraged, by constitutional doctrine. Deep notions of freedom and rights have retained totemic power. Todays Second Amendment supporters recognize that claiming the constitutional high ground goes far toward winning an argument.
Liberal lawyers might once have rushed to court at the slightest provocation. Now, they are starting to realize that a long, full jurisprudential campaign is needed to achieve major goals. Since 2011, activists have waged a widespread public education campaign to persuade citizens that new state laws were illegitimate attempts to curb voting rights, all as a precursor to winning court victories. Now many democracy activists, mortified by recent Supreme Court rulings in campaign finance cases (all with Hellers same 5-4 split), have begun to map out a path to overturn Citizens United and other recent cases. Years of scholarship, theorizing, amicus briefs, test cases and minority dissents await before a new majority can refashion recent constitutional doctrine.
One lesson: patience. The fight for gun rights took decades. Another lesson, perhaps obvious: There is no substitute for political organizing. A century ago the satirical character Mr. Dooley famously said in an Irish brogue, No matter whether th' Constitution follows th' flag or not, the Supreme Coort follows th' iliction returns. Before social movements can win at the court they must win at the ballot box. The five justices in the Heller majority were all nominated by presidents who themselves were NRA members.
But even more important is this: Activists turned their fight over gun control into a constitutional crusade. Modern political consultants may tell clients that constitutional law and the role of the Supreme Court is too arcane for discussion at the proverbial kitchen table. Nonsense. Americans always have been engaged, and at times enraged, by constitutional doctrine. Deep notions of freedom and rights have retained totemic power. Todays Second Amendment supporters recognize that claiming the constitutional high ground goes far toward winning an argument.
Liberal lawyers might once have rushed to court at the slightest provocation. Now, they are starting to realize that a long, full jurisprudential campaign is needed to achieve major goals. Since 2011, activists have waged a widespread public education campaign to persuade citizens that new state laws were illegitimate attempts to curb voting rights, all as a precursor to winning court victories. Now many democracy activists, mortified by recent Supreme Court rulings in campaign finance cases (all with Hellers same 5-4 split), have begun to map out a path to overturn Citizens United and other recent cases. Years of scholarship, theorizing, amicus briefs, test cases and minority dissents await before a new majority can refashion recent constitutional doctrine.
https://www.google.com/search?q=right+wing+packing+courts&sitesearch=democraticunderground.com
https://upload.democraticunderground.com/100211189811
https://www.democraticunderground.com/1016232791
An attendee at the Chamber of Commerce event put an admirably unvarnished query to McConnell that created an exact parallel to 2016, when Justice Antonin Scalia passed away: Should a Supreme Court justice die next year, what will your position be on filling that spot?
Oh, wed fill it, McConnell said quickly, with that small smile of his. Court-packing excuse me, loading the court with your ideological friends is the one way you can set the nations political course no matter what voters decide year to year. You want to have a long-lasting positive impact, he explained. Everything else changes. What cant be undone is a lifetime appointment to a young man or woman who believes in the quaint notion that the job of a judge is to follow the law.
Oh, wed fill it, McConnell said quickly, with that small smile of his. Court-packing excuse me, loading the court with your ideological friends is the one way you can set the nations political course no matter what voters decide year to year. You want to have a long-lasting positive impact, he explained. Everything else changes. What cant be undone is a lifetime appointment to a young man or woman who believes in the quaint notion that the job of a judge is to follow the law.
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How the NRA Rewrote the 2nd Amendment -- The Founders never intended to create unregulated guns [View all]
sharedvalues
May 2019
OP
The fact that Scalia redacted 1/2 of the 2nd Amendment to support his "originalist" view
guillaumeb
May 2019
#3
True, but he did need to dismiss 1/2 of the Amendment to support his claimed originalist argument.
guillaumeb
Jun 2019
#16
President Obama, HRC and Bernie Sanders have all said the 2A protects an individual right
hack89
Jun 2019
#17
"(Y)ou will not smear them or Waldman." My my, aren't *we* full of ourselves!
friendly_iconoclast
May 2019
#6
Ahem. You don't actually *get* to shape others' replies to you. Also...
friendly_iconoclast
Jun 2019
#27
"Pastor Robert Jeffress Says Disney Supports 'Murdering Children'...
friendly_iconoclast
Jun 2019
#36
"If the gun restrictionists quit aping the fetus fetishists, the meme will go away."
friendly_iconoclast
Jun 2019
#43
Lots of obvious propaganda techniques, little to no actual evidence
friendly_iconoclast
Jun 2019
#28
Blatant propaganda and cheap appeals to pity don't move me, and never have
friendly_iconoclast
Jun 2019
#33
Sounds like the gestation slavers claiming that Roe v Wade ought to be overturned
friendly_iconoclast
Jun 2019
#48
I'm neither impressed nor intimidated by mere bluster and chronic logorrhea
friendly_iconoclast
Jun 2019
#53
You are laser focused on Miller and ignoring my other arguments in this thread.
MarvinGardens
Jun 2019
#77
It seems Con Law lectures at Internet Search Engine University focus on Miller...
friendly_iconoclast
Jun 2019
#78
Well, when you only have one decision, rendered because the defendant died, and the defense didn't
AtheistCrusader
Jun 2019
#81
Once again, you've demonstrated that pious fraud is part and parcel of gun control advocacy
friendly_iconoclast
Jun 2019
#49
"(Miller) did not say that militia service is required for gun ownership." True...
friendly_iconoclast
Jun 2019
#56
You weren't to notice those inconvenient details amidst all the bluster and handwaving
friendly_iconoclast
Jun 2019
#60
re: "Republicans love guns because gun identity politics gets people...
discntnt_irny_srcsm
Jun 2019
#25
Miller is no more valid today than Minersville School District v. Gobitis
friendly_iconoclast
Jun 2019
#50
And if it was, we'd all have the right to own an Army-issue (and fully automatic) M4...
friendly_iconoclast
Jun 2019
#59
"a unorganized militia is NOT well regulated. It could not possibly be what madison intended"
friendly_iconoclast
Jun 2019
#61
Evangelists of all stripes want believers, not thinkers. Thinkers tend to ask pesky questions...
friendly_iconoclast
Jun 2019
#87