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Interesting tidbit, I picked up in analysis of the McDonald...

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virginia mountainman Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-28-10 10:22 PM
Original message
Interesting tidbit, I picked up in analysis of the McDonald...
Justice Samuel A. Alito, Jr., in the Court’s main opinion, did make one thing unmistakably clear to lower court judges: the right to have a gun for self-defense in the home is a “fundamental” constitutional right. That one-word label carries enormous import. Ordinarily, if a right is deemed to be fundamental, any law that seeks to limit it will be judged by the stiffest constitutional test there is: it must satisfy “strict scrutiny,” meaning that it will be struck down if the government’s need for it is not “compelling” and if the approach it takes is not the narrowest possible way to get at the problem. Some laws can survive “strict scrutiny,” but not a great many do.


http://www.scotusblog.com/2010/06/mcdonald-impact-slew-of-new-legal-challenges/

I think that beside the fact of incorporation, the fact, that now it is considered a FUNDAMENTAL right, and subject to strict scrutiny, is a block-buster and a real "game changer" to come out of this opinion.

Thoughts, Comments...
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msongs Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-28-10 10:26 PM
Response to Original message
1. gee the most right wing activist judge inserts his personal opinion in a decision . whatta shock nt
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virginia mountainman Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-28-10 10:44 PM
Response to Reply #1
3. This is from the main opinion...
Go ahead run it down...Fact remains, it is now the law of the land, and the jist of that paragraph is in it..

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-..__... Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-28-10 11:12 PM
Response to Reply #1
6. Uhmmm... like it or not...
it's a legal opinion... not a personal one... one which I happen to agree with... and get this, it's a binding one.

I guess in your "opinion", that must really suck, huh?

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The_Casual_Observer Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-28-10 10:31 PM
Response to Original message
2. They allow for almost no "fundamental" rights. It's astounding to me
that this gun shit is such a priority. What a fucked up world humans have made this.
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virginia mountainman Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-28-10 10:46 PM
Response to Reply #2
4. Do what?! Do you really mean that??
Right to equal protection under the law
Right to freedom of thought
Right to freedom of speech and press (cf. freedom of expression)
Right to freedom of association
Right to freedom of movement within the country
Right to vote in general election
Right to procreate irrespective of marital status or other classifications
Right to direct a child's upbringing
Right to marry the person of any race
Right to privacy
Right to property
Right to freedom of contract by parties with proportional bargaining power
Right to keep and bear arms
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The_Casual_Observer Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-28-10 11:23 PM
Response to Reply #4
7. Thanks for the inaccurate list.
Right to privacy?
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virginia mountainman Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-28-10 11:42 PM
Response to Reply #7
8. Yes.... Their IS a right to privacy...And yes, the list is accurate..

Griswold v. Connecticut, 381 U.S. 479 (1965),<1> was a landmark case in which the Supreme Court of the United States ruled that the Constitution protected a right to privacy. The case involved a Connecticut law that prohibited the use of contraceptives. By a vote of 7-2, the Supreme Court invalidated the law on the grounds that it violated the "right to marital privacy".

Although the Bill of Rights does not explicitly mention "privacy," Justice William O. Douglas wrote for the majority that the right was to be found in the "penumbras" and "emanations" of other constitutional protections. Justice Arthur Goldberg wrote a concurring opinion in which he used the Ninth Amendment to defend the Supreme Court's ruling. Justice John Marshall Harlan II wrote a concurring opinion in which he argued that privacy is protected by the due process clause of the Fourteenth Amendment. Justice Byron White also wrote a concurrence based on the due process clause


http://en.wikipedia.org/wiki/Griswold_v._Connecticut
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X_Digger Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-29-10 08:58 AM
Response to Reply #7
9. Hasn't been ruled 'fundamental' (yet).
There's a distinction between what you and I would consider "fundamental" and what the courts have ruled on.

The distinction is one of legality, not ethos.
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ProgressiveProfessor Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-29-10 09:38 AM
Response to Reply #7
10. Its a pretty accurate list. What is there that should not be...
What is missing that is should be there under current US law. Privacy was covered in another post
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Katya Mullethov Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-29-10 09:49 AM
Response to Reply #10
12. Poor ol' unreasonable searches and siezures
without compensation . Gone but not forgotten .
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friendly_iconoclast Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-28-10 10:46 PM
Response to Reply #2
5. Doesn't seem to be much of a problem in most states nt
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ProgressiveProfessor Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-29-10 09:39 AM
Response to Reply #5
11. But the others are really going to gag on this, starting with Daley
And that will be a great thing to watch
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gorfle Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-29-10 12:49 PM
Response to Reply #2
13. It shouldn't be.
It's astounding to me that this gun shit is such a priority.

It shouldn't be. First of all, it is a Constitutional right specifically enumerated in the Bill of Rights. Further, you may not know it, but President Obama and the Democratic Party have galvanized pro-firearms folks since 1994. It was a part of President Obama's campaign, and is still listed on www.change.gov under urban policy. It was also on www.whitehouse.gov under urban policy for the first few months of his term. His Attorney General, Eric Holder, floated the idea of a new Assault Weapons Ban shortly after his appointing. The Assault Weapons Ban is currently part of the Democratic Party Platform.

Once Democrats controlled Congress and the White House this sent pro-firearm folks into overdrive, and they continue to score huge advances in the courts, most notably with Heller and now, MacDonald.

What a fucked up world humans have made this.

Perhaps so. But it is nothing new. Since the beginning of time man has been a violent creature driven by his desires, whether for food, money, sex, or power. There have always been those among us who are unable or unwilling to hold their desires in check, and who have been willing to use violence against their fellow man to sate their desires.

What the firearm has done is made it so that virtually anyone can have the means to resist such predators, and that is a good thing as far as I'm concerned.
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guardian Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-29-10 08:58 PM
Response to Reply #2
14. Yeah
everybody should be forced to live the way YOU want them to live.
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Ter Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-29-10 10:02 PM
Response to Original message
15. Since there is now a right to own a gun...
Edited on Tue Jun-29-10 10:02 PM by Ter
The government should supply them for free.
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rrneck Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-29-10 10:07 PM
Response to Reply #15
16. I'd rather
have a first amendment laptop. Or better yet, a third amendment house.
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rusty_rebar Donating Member (118 posts) Send PM | Profile | Ignore Tue Jun-29-10 11:36 PM
Response to Reply #16
17. If you want a 3rd Amendment house...
You have to join the military... they will quarter you for your entire enlistment.
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Euromutt Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-30-10 03:49 AM
Response to Reply #17
18. How about a 4th Amendment house?
I understand it comes with papers and effects!
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rrneck Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-30-10 05:54 PM
Response to Reply #17
19. LOL
http://www.imdb.com/title/tt0079336/quotes

"Vince Ricardo: Are you interested in joining? The benefits are terrific. The trick is not to get killed. That's really the key to the benefit program. "
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