Great article in the Harvard Journal of Law, winter 2010

This is a discussion on Great article in the Harvard Journal of Law, winter 2010 within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; http://www.harvard-jlpp.com/wp-conte...0/01/neily.pdf This is a great read from Clark Neily III, who was co-counsel to the plaintiffs in DC vs. Heller. It's a bit long but ...

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    Distinguished Member Array MinistrMalic's Avatar
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    Great article in the Harvard Journal of Law, winter 2010

    http://www.harvard-jlpp.com/wp-conte...0/01/neily.pdf

    This is a great read from Clark Neily III, who was co-counsel to the plaintiffs in DC vs. Heller. It's a bit long but a great discussion on the 14th Amendment and the misguided principle behind the Slaughterhouse decisions, and how that affects 2A discussion and judiciary findings.
    "...whoever has no sword is to sell his coat and buy one." (Luke 22:36)
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    Very insightful read.!!!


    Thanks
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    What a shame only Thomas was willing to follow the line of reasoning elucidated by the author of the article. A P&I ruling would have been hilarious: guaranteed a jury trial for traffic offenses with fines exceeding $20 via the 7th amendment! Oh well, we can always hope someone fights their $200 traffic ticket all the way to the supreme court for a Due Process win (unlikely to either be attempted or to succeed).

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    Quote Originally Posted by MinistrMalic View Post
    http://www.harvard-jlpp.com/wp-conte...0/01/neily.pdf

    This is a great read from Clark Neily III, who was co-counsel to the plaintiffs in DC vs. Heller. It's a bit long but a great discussion on the 14th Amendment and the misguided principle behind the Slaughterhouse decisions, and how that affects 2A discussion and judiciary findings.
    A few years back I got a lot of grief here for my view the the Slaughterhouse and some related decisions were badly misguided. I was however totally surprised that these particular justices saw their way to incorporation of 2 A, especially considering of course that incorporating any of the BOR is anathema in certain political circles.

    "One Nation Indivisible."

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    Good article, well researched and written. I agree Slaughterhouse totally missed the point of the 14A. Sad to see only Thomas really "gets" it now.
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    Member Array socal2310's Avatar
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    Quote Originally Posted by Hopyard View Post
    A few years back I got a lot of grief here for my view the the Slaughterhouse and some related decisions were badly misguided. I was however totally surprised that these particular justices saw their way to incorporation of 2 A, especially considering of course that incorporating any of the BOR is anathema in certain political circles.

    "One Nation Indivisible."
    I remember that. I notice, however, that the arch nemesis of the 14th amendment in that thread is gone as if he never existed. He was starting to become quite unhinged, though (much to my regret I assure you) I missed whatever got him png'd.

    I believe quite firmly that eventually this nation will go the way of all nations, but probably not at all the way the more rabid among the states rightists wish.

    Ryan
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    Quote Originally Posted by socal2310 View Post
    I remember that. I notice, however, that the arch nemesis of the 14th amendment in that thread is gone as if he never existed. He was starting to become quite unhinged, though (much to my regret I assure you) I missed whatever got him png'd.

    I believe quite firmly that eventually this nation will go the way of all nations, but probably not at all the way the more rabid among the states rightists wish.

    Ryan
    I was out of town for a few weeks when he got dinged. Importantly, his view is a common one and it is a view that is quite inimical to the well being of our nation as a whole. I'm glad that it was not the view of the Supremes.

    As you remember our discussions back then, I am quite certain that I stated the case would put the Liberal wing of the court in the uncomfortable position of trying to rationalize the Slaughter House cases (I can't recall the name of the similar one from Illinois), and the conservative wing in the uncomfortable position of having to rule for incorporation of 2A to get the result they wanted.

    Hate to say it, but as far as this case was concerned, Ksholder is probably close to spot on about Thomas. Amazing, the three of us agree on something, that it should have been based on P&I.

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    Member Array socal2310's Avatar
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    I was pretty PO'd at Scalia in that case, do you remember this exchange?

    JUSTICE SCALIA: . . . why are you asking us to overrule . . . 140 years of prior law, when you . . . can reach your result under substantive due [process]? I mean, unless you are bucking for a . . . place on some law school faculty.

    (Laughter.)

    MR. GURA: No. No. I left law school some time ago and this is not an attempt to . . . return.

    JUSTICE SCALIA: What you argue is the darling of the professoriate, for sure, but it's also contrary to 140 years of our jurisprudence. Why do you want to undertake that burden instead of just arguing substantive due process, which as much as I think it's wrong, . . . even I have acquiesced in it?
    Condescend much? Because they were wrong and you were wrong to accommodate yourself to that tragic miscarriage of justice? How much time has to pass to turn a bad ruling into a good ruling? Two years, three, ten?

    Ryan
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    Great article.
    The examples given from American history are a reminder that evil/tyranny can/does exist at every level... individual, local, state and federal.
    And balancing out rights, liberty and security is a delicate business. Very few nations/peoples pull it off.
    And the few that do eventually lose it out of carelessness, corruption and neglect.
    I'm pessimistic about the future of our Republic. I hope I'm wrong.
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    Bass63:
    Your pessimism is not without warrant. While our institutions of higher learning were, and still are, teaching us "admitting you were wrong is a sign of weakness" my father was teaching me "it takes a man to admit he was wrong". It is of no surprise to me that self justification runs rampant in today's business, politics; and court systems.
    Our for fathers warned us of Tyrants and tyranny because it was what they fought against to become free men.
    Now! Are we fighting to keep our rights. Or fighting to get them back.
    LET FREEDOM REIGN NOT GOVERNMENT

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