A critical Second Amendment case goes before the Supreme Court

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Thread: A critical Second Amendment case goes before the Supreme Court

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    Distinguished Member Array jfl's Avatar
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    A critical Second Amendment case goes before the Supreme Court

    Urgent Alert: Ask Your U.S. Senators And Representative To Sign Amicus Brief Supporting Second Amendment Rights In The States!

    Friday, November 13, 2009


    As a critical Second Amendment case goes before the United States Supreme Court, U.S. Senators Kay Bailey Hutchison (R-TX) and Jon tester (D-MT), and Congressmen Mike Ross (D-AR) and Mark Souder (R-IN) are gathering signatures for an amicus curiae (“friend of the court”) brief by Members of Congress. And we need your support for this important effort next week.

    The case is McDonald v. City of Chicago, and it will answer the question of whether the Second Amendment applies to the states—as the Congress clearly intended in the 1860s, when it adopted the Fourteenth Amendment to protect constitutional rights against abuse by state and local governments. This brief is an opportunity for today’s Congress to show just as clearly that it respects the Second Amendment’s importance to all Americans—not just residents of the District of Columbia and other federal territories.

    The brief describes Congress’s debates on the Fourteenth Amendment, and points out the many occasions—from 1866 to 2005—when the Congress has spoken in favor of the Second Amendment as protecting a right of all Americans, and taken action to protect that right against actions such as gun confiscation and predatory lawsuits. It also makes the case for Congress’s interest (under its constitutional war powers) in preserving an armed citizenry as part of America’s national defense.

    When Congress speaks, the Supreme Court listens. And it did in the historic Heller case last year when 55 Senators and 250 Representatives signed an amicus brief supporting the Second Amendment as an individual right. Now every Senator and Congressman who supports the rights of all Americans should step forward to be heard by signing this brief in the McDonald case.

    The brief must be filed within the week, so we need your immediate help! On Monday through Thursday, please call your U.S. Senators and Representative, and urge them to sign on to this critically important brief, which will be a key part of the legal battle to protect the Second Amendment in the U.S. Supreme Court.

    You can call your U.S. Senators at (202) 224-3121, and your U.S. Representative at (202) 225-3121.
    You can find the name, address, phone, fax of your Senators and Reps at http://www.capwiz.com/nra/dbq/officials/
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    Senior Member Array Plop's Avatar
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    Thanks for the post! I just emailed my congressman and both of my state senators.

    -Plop
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    Senior Member Array rmilchman's Avatar
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    I would write my congressman, but I live in NJ. Enough said.

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    I emailed both my senator and congressman this morning.

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    Quote Originally Posted by rmilchman View Post
    I would write my congressman, but I live in NJ. Enough said.
    Actually, with the recent change in NJ governors, this might just be the time to write the NJ congressmen.
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    Senior Member Array rmilchman's Avatar
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    Quote Originally Posted by retsupt99 View Post
    Actually, with the recent change in NJ governors, this might just be the time to write the NJ congressmen.
    I've written several times (as recent as last week). I usually get "Thank you for contacting me, I do support the 2A and will take your input into consideration".

    Then the vote comes and they have never supported any 2A related bills.

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    Member Array joecs1's Avatar
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    Quote Originally Posted by rmilchman View Post
    I've written several times (as recent as last week). I usually get "Thank you for contacting me, I do support the 2A and will take your input into consideration".

    Then the vote comes and they have never supported any 2A related bills.
    I am writting all in NJ. Its not going to hurt our cause! You should also keep up the good work!
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    Senior Member Array rmilchman's Avatar
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    If you go to the GOA website they will mail / email on your behalf.

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    This case goes far beyond the Second Amendment. Should City of Chicago win, it means any state or local government can overrule any and all rights guarenteed by the U.S. Constitution.

    Next thing you know, the cops will be able to kick in your door and search without a warrant or reason, will not have to read you your rights when arrest (or even allow you those rights), nor will any other Constitution right stand up against "state" law.

    The outcome of McDonald Vs City of Chicago can very well be the the major case that determines wherther or not this country continues to operates by the basis under which it was formed.

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    VIP Member Array mcp1810's Avatar
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    Actually Oldvet that is not quite right.
    The Constitution does nothing more than limit the powers of the federal government. State and local governments are limited by the respective state Constitutions. Many of our Rights have been "incorporated" against the states by SCOTUS and the 14th amendment. What this case is supposed to do is incorporate the 2nd amendment with them. If Chicago wins, that does not mean we lose any protections that already exist. We simply are not adding RKBA to that list.

    This also raises the issue of folks in Washington D.C. deciding if we are smart and moral enough to govern ourselves. Can we be trusted to make our own laws for our own communities?
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    We'll have to agree to disagree on this one, mcp. Federal laws have historically taken precedence over state laws where there is a conflict, and this is just such a case. I believe "shall not be infringed" is meant for both Federal and state purposes.

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    Done.... Thanks for the info...
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    Anyone know when this case is scheduled for oral arguments. Anyone know if CSPAN plans to broadcast the oral arguments, and when?

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    VIP Member Array mcp1810's Avatar
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    Last I heard it was supposed to be some time in the spring.
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