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	<title>Comments on: The Supreme Court Gets One RIGHT!</title>
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		<title>By: LittleDavid</title>
		<link>http://bearingdrift.com/2008/06/26/the-supreme-court-gets-one-right/#comment-3612</link>
		<dc:creator>LittleDavid</dc:creator>
		<pubDate>Sun, 29 Jun 2008 16:12:41 +0000</pubDate>
		<guid isPermaLink="false">http://bearingdrift.com/?p=595#comment-3612</guid>
		<description>Don,

However the right to bear arms is specifically addressed in the 2nd amendment.  It is upon this specific address that private gun ownership is based.

Upon the 9th amendment everything is cut loose.  Everybody that wants to do anything (hey my right to murder is protected by the Constitution) can claim 9th amendment protection.

Private gun ownership has a more specified protection under the Constitution.  Attempts to defend this right under the 9th are weak.  If the 2nd amendment fails us we are not going to find shelter from the 9th.</description>
		<content:encoded><![CDATA[<p>Don,</p>
<p>However the right to bear arms is specifically addressed in the 2nd amendment.  It is upon this specific address that private gun ownership is based.</p>
<p>Upon the 9th amendment everything is cut loose.  Everybody that wants to do anything (hey my right to murder is protected by the Constitution) can claim 9th amendment protection.</p>
<p>Private gun ownership has a more specified protection under the Constitution.  Attempts to defend this right under the 9th are weak.  If the 2nd amendment fails us we are not going to find shelter from the 9th.</p>
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		<title>By: Don Tabor</title>
		<link>http://bearingdrift.com/2008/06/26/the-supreme-court-gets-one-right/#comment-3609</link>
		<dc:creator>Don Tabor</dc:creator>
		<pubDate>Sun, 29 Jun 2008 14:51:18 +0000</pubDate>
		<guid isPermaLink="false">http://bearingdrift.com/?p=595#comment-3609</guid>
		<description>LD- the point of the 9th is that the Framers acknowledged that our rights predate the Constitution and our government exists to secure those rights. They wanted it clear that other rights not mentioned existed and that the Bill of Rights merely made specific prohibitions against government interference with those they thought an oppressive government most likely to obstruct. 

And Jack is right that I am delighted that gun control ceases to be a policy question and becomes a question only when sufficient cause exists to limit a basic right.</description>
		<content:encoded><![CDATA[<p>LD- the point of the 9th is that the Framers acknowledged that our rights predate the Constitution and our government exists to secure those rights. They wanted it clear that other rights not mentioned existed and that the Bill of Rights merely made specific prohibitions against government interference with those they thought an oppressive government most likely to obstruct. </p>
<p>And Jack is right that I am delighted that gun control ceases to be a policy question and becomes a question only when sufficient cause exists to limit a basic right.</p>
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		<title>By: Jack</title>
		<link>http://bearingdrift.com/2008/06/26/the-supreme-court-gets-one-right/#comment-3602</link>
		<dc:creator>Jack</dc:creator>
		<pubDate>Sat, 28 Jun 2008 21:30:58 +0000</pubDate>
		<guid isPermaLink="false">http://bearingdrift.com/?p=595#comment-3602</guid>
		<description>I am sure that Don (the Libertarian) did not mean that turning gun cotrol on its head is a bad thing.</description>
		<content:encoded><![CDATA[<p>I am sure that Don (the Libertarian) did not mean that turning gun cotrol on its head is a bad thing.</p>
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		<title>By: LittleDavid</title>
		<link>http://bearingdrift.com/2008/06/26/the-supreme-court-gets-one-right/#comment-3597</link>
		<dc:creator>LittleDavid</dc:creator>
		<pubDate>Sat, 28 Jun 2008 17:41:28 +0000</pubDate>
		<guid isPermaLink="false">http://bearingdrift.com/?p=595#comment-3597</guid>
		<description>Don,

I do not understand that the general 9th amendment overules the specific rights of the 2nd.  The 9th only opened the doors to rights not specifically addressed previously.  The 2nd (in my opinion) gives us enough guidance that we need not also pull the 9th into the debate.

I do not understand that the rights of law abiding citizens to bear arms against the criminals that will bear arms in spite of the laws is a bad thing.</description>
		<content:encoded><![CDATA[<p>Don,</p>
<p>I do not understand that the general 9th amendment overules the specific rights of the 2nd.  The 9th only opened the doors to rights not specifically addressed previously.  The 2nd (in my opinion) gives us enough guidance that we need not also pull the 9th into the debate.</p>
<p>I do not understand that the rights of law abiding citizens to bear arms against the criminals that will bear arms in spite of the laws is a bad thing.</p>
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		<title>By: Don Tabor</title>
		<link>http://bearingdrift.com/2008/06/26/the-supreme-court-gets-one-right/#comment-3596</link>
		<dc:creator>Don Tabor</dc:creator>
		<pubDate>Sat, 28 Jun 2008 17:25:58 +0000</pubDate>
		<guid isPermaLink="false">http://bearingdrift.com/?p=595#comment-3596</guid>
		<description>LD, please refer to the 9th Amendment. 

Our rights exist with or without the Constitution, or government&#039;s purpose is to secure our rights, it does not grant them. 

The Heller decision turns firearms legislation on its head. The presumption now will be that bearing arms is the norm and special considerations must be present to regulate that right.

Lawyers are going to be busy till this gets sorted out.</description>
		<content:encoded><![CDATA[<p>LD, please refer to the 9th Amendment. </p>
<p>Our rights exist with or without the Constitution, or government&#8217;s purpose is to secure our rights, it does not grant them. </p>
<p>The Heller decision turns firearms legislation on its head. The presumption now will be that bearing arms is the norm and special considerations must be present to regulate that right.</p>
<p>Lawyers are going to be busy till this gets sorted out.</p>
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		<title>By: Brian Kirwin</title>
		<link>http://bearingdrift.com/2008/06/26/the-supreme-court-gets-one-right/#comment-3592</link>
		<dc:creator>Brian Kirwin</dc:creator>
		<pubDate>Sat, 28 Jun 2008 17:02:28 +0000</pubDate>
		<guid isPermaLink="false">http://bearingdrift.com/?p=595#comment-3592</guid>
		<description>Notice, the founders didn&#039;t equate the &quot;militia&quot; with &quot;law enforcement.&quot;

All &quot;well regulated&quot; means in 18th century usage is &quot;well trained.&quot;

I&#039;m glad we agree, though.  If anyone thinks the founders protected gun rights of the people solely for military service, I&#039;d send them right back to Civics class.</description>
		<content:encoded><![CDATA[<p>Notice, the founders didn&#8217;t equate the &#8220;militia&#8221; with &#8220;law enforcement.&#8221;</p>
<p>All &#8220;well regulated&#8221; means in 18th century usage is &#8220;well trained.&#8221;</p>
<p>I&#8217;m glad we agree, though.  If anyone thinks the founders protected gun rights of the people solely for military service, I&#8217;d send them right back to Civics class.</p>
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		<title>By: LittleDavid</title>
		<link>http://bearingdrift.com/2008/06/26/the-supreme-court-gets-one-right/#comment-3588</link>
		<dc:creator>LittleDavid</dc:creator>
		<pubDate>Sat, 28 Jun 2008 16:52:12 +0000</pubDate>
		<guid isPermaLink="false">http://bearingdrift.com/?p=595#comment-3588</guid>
		<description>Brian,

I agree with you.  However that pesky &quot;well regulated militia&quot; aspect keeps rearing its head.

It is my opinion that the &quot;need&quot; for the citizens to be able to raise up a well regulated militia from amongst the gun owning populace to defend itself from a tyranical government is part of the reason for the Second Amendment being included in the Bill or Rights.

The &quot;need&quot; for a well regulated militia is not what is addressed for in the Second Amendment.  The &quot;need&quot; addressed is for the ability of the citizens to defend themselves against tyrants.</description>
		<content:encoded><![CDATA[<p>Brian,</p>
<p>I agree with you.  However that pesky &#8220;well regulated militia&#8221; aspect keeps rearing its head.</p>
<p>It is my opinion that the &#8220;need&#8221; for the citizens to be able to raise up a well regulated militia from amongst the gun owning populace to defend itself from a tyranical government is part of the reason for the Second Amendment being included in the Bill or Rights.</p>
<p>The &#8220;need&#8221; for a well regulated militia is not what is addressed for in the Second Amendment.  The &#8220;need&#8221; addressed is for the ability of the citizens to defend themselves against tyrants.</p>
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		<title>By: Jack</title>
		<link>http://bearingdrift.com/2008/06/26/the-supreme-court-gets-one-right/#comment-3581</link>
		<dc:creator>Jack</dc:creator>
		<pubDate>Sat, 28 Jun 2008 12:43:36 +0000</pubDate>
		<guid isPermaLink="false">http://bearingdrift.com/?p=595#comment-3581</guid>
		<description>Jeremy,

Just because people argue a position does not mean the position has any merit.  If the Supremes did not have the power of Judicial Review, there would be nothing to stop Congress from passing an unconstitutional law, making the constitution unenforceable and provding no protection whatsoever.</description>
		<content:encoded><![CDATA[<p>Jeremy,</p>
<p>Just because people argue a position does not mean the position has any merit.  If the Supremes did not have the power of Judicial Review, there would be nothing to stop Congress from passing an unconstitutional law, making the constitution unenforceable and provding no protection whatsoever.</p>
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		<title>By: Brian Kirwin</title>
		<link>http://bearingdrift.com/2008/06/26/the-supreme-court-gets-one-right/#comment-3556</link>
		<dc:creator>Brian Kirwin</dc:creator>
		<pubDate>Fri, 27 Jun 2008 22:27:37 +0000</pubDate>
		<guid isPermaLink="false">http://bearingdrift.com/?p=595#comment-3556</guid>
		<description>I truly doubt the founders, who fought their government with their own guns, would write a document that allowed only government-sanctioned groups to bear arms.</description>
		<content:encoded><![CDATA[<p>I truly doubt the founders, who fought their government with their own guns, would write a document that allowed only government-sanctioned groups to bear arms.</p>
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		<title>By: Jeremy Hinton</title>
		<link>http://bearingdrift.com/2008/06/26/the-supreme-court-gets-one-right/#comment-3553</link>
		<dc:creator>Jeremy Hinton</dc:creator>
		<pubDate>Fri, 27 Jun 2008 21:36:48 +0000</pubDate>
		<guid isPermaLink="false">http://bearingdrift.com/?p=595#comment-3553</guid>
		<description>Jack,
    I personally agree with Marshall&#039;s argument. However, it can be counter argued that the actual power of judicial review is not explicitly enumerated in the Constitution, when it was a well-known function at the time, and a matter of some discussion by the original members of the convention. For an advocate of originalism and textualism like Scalia, who once said &lt;i&gt;&quot;it is the law that governs, not the intent of the lawgiver&quot;&lt;/i&gt;, to issue an opinion based on a process that (essential or not) by its nature seems counter his own method of constitutional interpretation just seems a little amusing to me.</description>
		<content:encoded><![CDATA[<p>Jack,<br />
    I personally agree with Marshall&#8217;s argument. However, it can be counter argued that the actual power of judicial review is not explicitly enumerated in the Constitution, when it was a well-known function at the time, and a matter of some discussion by the original members of the convention. For an advocate of originalism and textualism like Scalia, who once said <i>&#8220;it is the law that governs, not the intent of the lawgiver&#8221;</i>, to issue an opinion based on a process that (essential or not) by its nature seems counter his own method of constitutional interpretation just seems a little amusing to me.</p>
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		<title>By: LittleDavid</title>
		<link>http://bearingdrift.com/2008/06/26/the-supreme-court-gets-one-right/#comment-3548</link>
		<dc:creator>LittleDavid</dc:creator>
		<pubDate>Fri, 27 Jun 2008 20:49:19 +0000</pubDate>
		<guid isPermaLink="false">http://bearingdrift.com/?p=595#comment-3548</guid>
		<description>Reid,

The &quot;need&quot; in our society is not a &quot;right&quot; unless it is guaranteed in the Constitution. 

Fortunately for me (and you, and all of us) the Constitution addresses this need and makes it a right in our society.  Glenn Nye seems to understand the &quot;need&quot; for the right when he praises the Supreme Court decision.

There are some that argue the Supreme Court decision does not guarantee the right to keep and bear unless one is a member of a well regulated militia.  Glenn Nye does not seem to be one of them.</description>
		<content:encoded><![CDATA[<p>Reid,</p>
<p>The &#8220;need&#8221; in our society is not a &#8220;right&#8221; unless it is guaranteed in the Constitution. </p>
<p>Fortunately for me (and you, and all of us) the Constitution addresses this need and makes it a right in our society.  Glenn Nye seems to understand the &#8220;need&#8221; for the right when he praises the Supreme Court decision.</p>
<p>There are some that argue the Supreme Court decision does not guarantee the right to keep and bear unless one is a member of a well regulated militia.  Glenn Nye does not seem to be one of them.</p>
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		<title>By: Reid Greenmun</title>
		<link>http://bearingdrift.com/2008/06/26/the-supreme-court-gets-one-right/#comment-3547</link>
		<dc:creator>Reid Greenmun</dc:creator>
		<pubDate>Fri, 27 Jun 2008 20:31:55 +0000</pubDate>
		<guid isPermaLink="false">http://bearingdrift.com/?p=595#comment-3547</guid>
		<description>Isn&#039;t the &quot;need&quot; irrelevent when it is a right?

A right is a right, regardless of &quot;need&quot; for it.</description>
		<content:encoded><![CDATA[<p>Isn&#8217;t the &#8220;need&#8221; irrelevent when it is a right?</p>
<p>A right is a right, regardless of &#8220;need&#8221; for it.</p>
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		<title>By: LittleDavid</title>
		<link>http://bearingdrift.com/2008/06/26/the-supreme-court-gets-one-right/#comment-3544</link>
		<dc:creator>LittleDavid</dc:creator>
		<pubDate>Fri, 27 Jun 2008 18:58:16 +0000</pubDate>
		<guid isPermaLink="false">http://bearingdrift.com/?p=595#comment-3544</guid>
		<description>Here&#039;s a quote from Glenn Nye (Democratic Candidate to represent the Virginia Second in the US House):

“The Second Amendment guarantees our right to bear arms and today, in a decision that was crucially important to the people of Virginia and all Americans, the Supreme Court affirmed that right. I am a strong supporter of the Second Amendment, and in Congress I will make sure the rights of responsible gun owners are protected.” 

I am pleased that the fellah I am probably going to vote for in November seems to understand the need for citizens to be able to &quot;keep and bear arms&quot;.</description>
		<content:encoded><![CDATA[<p>Here&#8217;s a quote from Glenn Nye (Democratic Candidate to represent the Virginia Second in the US House):</p>
<p>“The Second Amendment guarantees our right to bear arms and today, in a decision that was crucially important to the people of Virginia and all Americans, the Supreme Court affirmed that right. I am a strong supporter of the Second Amendment, and in Congress I will make sure the rights of responsible gun owners are protected.” </p>
<p>I am pleased that the fellah I am probably going to vote for in November seems to understand the need for citizens to be able to &#8220;keep and bear arms&#8221;.</p>
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		<title>By: Jack</title>
		<link>http://bearingdrift.com/2008/06/26/the-supreme-court-gets-one-right/#comment-3543</link>
		<dc:creator>Jack</dc:creator>
		<pubDate>Fri, 27 Jun 2008 18:11:19 +0000</pubDate>
		<guid isPermaLink="false">http://bearingdrift.com/?p=595#comment-3543</guid>
		<description>Article III, Section 2 states

&lt;blockquote&gt;
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
&lt;/blockquote&gt;

Marshall eloquently makes the case in &lt;i&gt;Marbury v Madison&lt;/i&gt;&lt;/a&gt; that without judicial review, the protections and remedies afforded by our constitution, and the constitution itself, would be unenforceable.</description>
		<content:encoded><![CDATA[<p>Article III, Section 2 states</p>
<blockquote><p>
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
</p></blockquote>
<p>Marshall eloquently makes the case in <i>Marbury v Madison</i> that without judicial review, the protections and remedies afforded by our constitution, and the constitution itself, would be unenforceable.</p>
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		<title>By: Jeremy Hinton</title>
		<link>http://bearingdrift.com/2008/06/26/the-supreme-court-gets-one-right/#comment-3542</link>
		<dc:creator>Jeremy Hinton</dc:creator>
		<pubDate>Fri, 27 Jun 2008 15:55:32 +0000</pubDate>
		<guid isPermaLink="false">http://bearingdrift.com/?p=595#comment-3542</guid>
		<description>You know, regardless of any legal precedent in this specific case, technically couldn&#039;t the very act of judicial review as practiced in here be considered &quot;activist&quot;? It has been argued that Marshall was really overreaching in his opinion on &lt;i&gt;Marbury v Madison&lt;/i&gt;, and that in the logical framework of &quot;originalism&quot;, the concept of judicial review stretches the jurisdiction of the Supreme Court beyond the intentions of the founders. I wonder how Scalia and other &quot;originalists&quot; and supporters of judicial restraint square their beliefs with the original &quot;activist&quot; ruling by Marshall which gives them the very jurisdiction to consider such cases? It seems a little paradoxical to me.</description>
		<content:encoded><![CDATA[<p>You know, regardless of any legal precedent in this specific case, technically couldn&#8217;t the very act of judicial review as practiced in here be considered &#8220;activist&#8221;? It has been argued that Marshall was really overreaching in his opinion on <i>Marbury v Madison</i>, and that in the logical framework of &#8220;originalism&#8221;, the concept of judicial review stretches the jurisdiction of the Supreme Court beyond the intentions of the founders. I wonder how Scalia and other &#8220;originalists&#8221; and supporters of judicial restraint square their beliefs with the original &#8220;activist&#8221; ruling by Marshall which gives them the very jurisdiction to consider such cases? It seems a little paradoxical to me.</p>
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