Sotomayor to Senators: 2nd Amendment Does Not Apply to States
Posted by Bill Dupray
on Jun 11 2009 Filed under Politics.
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When the lefties are replacing a lefty on the Supreme Court with another lefty, the balance is preserved and the downside to the country is somewhat minimized. Sometimes you need to pick your battles. If Obama were filling Scalia’s seat for example, this would be a Battle Royale. I figured that the Republicans can’t stop this nominee anyway, unless something big and nasty was unearthed. Methinks this is it.
Though she says she supports Heller‘s holding that the 2nd Amendment prevents the Federal Government from banning guns, still undecided is the issue of whether that holding also applies to state bans. The Supreme Court has, over the years, decided that each Amendment in the Bill of Rights does indeed also apply to the states. It is crucial that Heller be read the same way. In a rare moment of candor from a SCOTUS nominee, Sotomayor seems to have tipped her hand: No dice.
Other senators have come away from their meetings with Sotomayor concerned about her position on gun rights.
Sen. Jim DeMint, R-S.C., said Tuesday that he was disappointed that the judge refused to say during their visit that the Second Amendment “protects a fundamental right that applies to all Americans.”
DeMint said Sotomayor’s statement on Heller “doesn’t tell us much” about her view of the issue, noting that she stands by her ruling that held that the Second Amendment only protects against federal government curbs on the right to bear arms _ not state or local limits.
“(H)er opinion was that the hundreds of millions of Americans in the 50 states do not have a fundamental right to bear arms. She refused to back away from that opinion in my meeting with her,” DeMint said Thursday.
Okay, the gloves are off. We need to pick this fight. She must be kept off the Court.
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Short URL: http://libertypundits.net/?p=4537
The US Constitution is the “Law of the Land”. The last I heard was that the component states of the United States were part of said “Land”. For Sonia to opine that the Second Amendment doesn’t apply to the states is just silly. Affirmative action nominee indeed.
It can be shown from historical writings concerning James Madison, Chief Justice Marshall and John Bingham, the main author of Sec. 1 of the 14th A., that the privileges and immunities protected by the federal Bill of Rights was not originally intended to apply to the states.
However, products of affirmative action like constitutional flunky Judge Sotomayor are wrong about the scope of the 2nd A. for the following reason. John Bingham, mentioned above, had included the 2nd A. when he read the first eight amendments as examples of constitutional statutes containing privileges and immunities which the post-Civil War 14th A. applied to the states. See the 2nd A. for yourself in the middle column of the following page from the Congressional Globe, a precursor to the Congressional Record. The page is from Bingham’s post-14th A. ratification discussion of the 14th Amendment.
http://tinyurl.com/y3ne4n
So not only did the 39th Congress confirm that the 2nd A. was intended to be regarded as a personal right (did you hear that liberal Justices?), but it is a personal right which the 14th A. applied to the states.
The bottom line is that we don’t need Constitution-ignoring, liberal-indoctrinated people like Judge Sotomayor on the USSC.
She is a bigot and a former member of LaRaza, why do we need any more evidence?
By Sotomayer’s logic, neither do any of the others.
If a state can ignore the 2nd Amendment, it can ignore the 1st, 4th and 5th. What’s the difference?
She’ll be a marvelous addition to the Court.
She wouldn’t be a “marvelous” addition to anything. The woman (I use the term very loosely) is a pathetic excuse for a judge & has no business even being a nominee. But, what should we expect from a foreign born, criminal punk who ascended to power out of the murky, Chicago political machine with the aid of the Kool Aid drinking masses & millions in foreign funds assisted by the corrupt actions of ACORN who is now being very well reimbursed for their efforts.
Maybe you should switch to good old southern sweet iced tea. It’s much better for the brain cells.
God bless America!
I do not think the judge is fit for the Supreme Court but to correct she was born in the Bronx of Puerto Rican heritage parents. From her background bio on Wikipedia, she’s been involved with the New York judicial system and not Chicago. I realize that Wikipedia is an open source forum and anyone can be an editor but other informational sites state she was born in New York.
Now, I’m as a much a confirmed conservative as the majority of readers are here but aside from a couple of poor choices of comments she’s made, her record seems pretty conservative and/or moderate to me.
“…but to correct she was born in the Bronx of Puerto Rican heritage parents.”
Thank you, Dale. My sentence structure was obviously lacking. I was not referring to Sotomayor when I said, “But, what should we expect from a foreign born, criminal punk who ascended to power out of the murky, Chicago political machine with the aid of the Kool Aid drinking masses & millions in foreign funds assisted by the corrupt actions of ACORN who is now being very well reimbursed for their efforts.” This is a reference to the pseudo-president as to his nominee.
Sorry for the confusion.
Some of those poor choices of comments were made repeatedly. Far more than a couple of times. After something is repeated multiple times it would seem to me that it is no longer a poor choice, but a deliberate one. She’s not to be trusted, if for no other reason than she was nominated by a foreign born, criminal punk who ascended to power out of the murky, Chicago political machine….
God bless America!
You are all a bunch of redneck klan members on this site. You all make me lauph. You are so stupid as to belive whatever fox news tells you is true. Wake up and get your own opion but that would mean pulling yourselves away from fox and accually doing some thinking which you all cant do for yourselves.
Yo, bub, I never watch FOX News. And “lauph” is not a word.
Have a nice day! Thanks for the pageview – money in the bank!