On Sun, 12 Feb 2017 16:10:36 -0600, AMuzi <
a...@yellowjersey.org> wrote:
> On 2/12/2017 3:46 PM,
retrog...@gmail.com wrote:
>> Tim and Andrew, your arguments are "result-oriented"; i.e., you like
>> the fact that the Supreme Court has arrogated the authority to decide
>> the constitutionality of acts by the other two branches of
>> government, so you therefore approve of that usurpation of power. But
>> that is a totally different inquiry than the question of whether or
>> not the framers of the Constitution intended the USSC to have that
>> power. What if the USSC does something unconstitutional; what is the
>> remedy? Why is there only a remedy if the executive or the
>> legislative branch acts unconstitutionally, but not the judiciary?
>> That really tilts the playing field in favor of judicial power.
>> Remember, when the USSC invents or vindicates certain rights that you
>> think are important, they are restricting someone else's rights, and
>> if you give the USSC more power than it is entitled to, someday it
>> will be your rights that are restricted.
>>
>
> You mistake my position.
>
> I often note, there's that one guy who, after the cards are dealt,
> says, "Oh, and one-eyed Jacks are wild". I hate that guy.
>
> A civil society is not long for this world when their founding
> document is riven and rent by penumbras and eminences and the personal
> opinions of a few justices. As with so much of our society now, regime
> uncertainty is a real and costly burden. You just never know what the
> ground rules will be next week, legislative, executive or judicial.
> (administrative is already the enemy of citizenry)
Funny thing is, there is no universal agreement on those penumbras,
eminences and personal opinions- nor upon where the Constitution is
riven and rent. Watching Scalia's transparent legislating from the
bench, twisting the Constitution into saying what he wished the framers
had meant under the phony rubric of "originalism," it is apparent to me
that tremendous damage was done. But people who agree with his
fundamental political stance saw it as brilliant jurisprudence that
vindicated their beliefs. They don't think that damage was done- quite
the contrary, they think damage was repaired.
> It's just pervasive. In a discussion today about 1st Amendment
> liberties, during which I much agreed with the other person, I threw
> in, "So one should not have to get prior government permission or
> documents or be vetted before speaking freely?" She was vehemently
> opposed to licensing or limiting speech. I could not resist, "But you
> think the 2d Amendment is somehow different from the 1st?"
Unfortunately the 2nd Amendment is marred by poor grammar which obscures
its intent and meaning. Following the logic of the gun lobby, I should
also be able to bear swords, hand grenades, Tasers, brass knuckles,
rocket launchers and tactical nuclear weapons under the 2nd Amendment.
They selectively emphasize only part of the Amendment and choose the
most profitable construction.
Following the logic of court decisions prior to about 40 years ago, the
2nd Amendment does not impute an unlimited individual right to bear
arms; the interpretation that it does is a johnny-come-lately in
jurisprudence.