2A SCOTUS case briefs?

2A SCOTUS case briefs?

This is a discussion on 2A SCOTUS case briefs? within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; I'm probably channeling my inner geek, so pardon me, but I'm wondering if anyone else here likes to read the petitioner, respondent, and amici briefs ...

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Thread: 2A SCOTUS case briefs?

  1. #1
    Senior Member Array Tom357's Avatar
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    2A SCOTUS case briefs?

    I'm probably channeling my inner geek, so pardon me, but I'm wondering if anyone else here likes to read the petitioner, respondent, and amici briefs of the 2A cases that go to the Supreme Court? I think I've gotten really good information, talking points, and references as a result of reading the briefs and decision in Heller, and the briefs in McDonald v Chicago. The history and perspective on precedents is very illuminating. The arguments by the respondents are very revealing of the anti- side. Maybe I'm weird, but I think I've gotten more out of those briefs than from most of the discussions, pro and con, on the internet.
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    Me too (the 'inner geek' part). Reading all the briefs (so far, only petitioner, respondent and a few amici) is, to say the least, interesting (to me). One thing of particular note, in respondent, is the "inference" (at least) that there was/is "no general public understanding or congressional intent that the Privileges or Immunities Clause was meant to impose the Bill of
    Rights on the States." Really? So the Bill of Rights applies ONLY to residents of DC (or any Federal onclave), and NOT to Citizens of the United States? The Petitioner's brief/position is SO obvious, and SO well written/reasoned, I CANNOT see how SCOTUS can rule for the Respondent. 2A MUST be Incorporated against the States. (I am keeping my fingers crossed!!!!).
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    Another reader of brief and decisions, here.
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    Senior Member Array Tom357's Avatar
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    The perspectives, pro and con, on the history, origins and meanings of the Constitution and Bill of Rights, particularly with regard to 2nd, 10th and 14th Amendments, are very interesting. I think the anti-gun arguments are very illuminating, because they are serious logical arguments, as opposed to the common emotional dren the anti's so often babble. It has helped me make my arguments stronger and more sharply focused, when i come face-to-face with the Brady activists.
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    VIP Member Array edr9x23super's Avatar
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    Many of the arguments of the antis may seem on the surface as being logical until you begin reading books like the federalist papers and read the historical writings of the founding fathers. Then their intent on the meaning of the 2nd amendment is quite clear.

    One of the most interesting treatises on the 2nd amendment that I have read in the last 10 years was written by Sanford Levinson, a professor at the University of Texas. I had the chance to speak with him once at a get together of UT Alumni, because he knows my sister who is an attorney and studied under him when she went to school there. I was amazed at hearing his explanation of the 2nd amendment, because I fully expected him to come out against it like all the other Austin Libs.........

    Anyway, his treatise is called "the embarrassing second amendment" and it is an interesting read.
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    Senior Member Array 2edgesword's Avatar
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    Quote Originally Posted by edr9x23super View Post
    I was amazed at hearing his explanation of the 2nd amendment, because I fully expected him to come out against it like all the other Austin Libs.........

    Anyway, his treatise is called "the embarrassing second amendment" and it is an interesting read.
    I've never read the book ("The Embarrassing Second Amendment") but based on what I've heard about the book his argument is that the second amendment is and was intended to be an individual rather then a collective right, and that if the antis want to be intellectually honest the thing to do work towards repealing the second amendment. Is my understanding even close to your take on the book?
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    Senior Member Array press1280's Avatar
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    Quote Originally Posted by 2edgesword View Post
    I've never read the book ("The Embarrassing Second Amendment") but based on what I've heard about the book his argument is that the second amendment is and was intended to be an individual rather then a collective right, and that if the antis want to be intellectually honest the thing to do work towards repealing the second amendment. Is my understanding even close to your take on the book?
    I didn't read that book but I'll venture to say that the philosophy the antis and their ilk subscribe to won't allow them to come out and just try to repeal the 2A. They know they can't win that battle, so they'll do and end run around the Constitution, either through some form of taxation or regulation, or pack the courts with anti-judges who will create such a watered down 2A that its practically a dead letter.

    Back to the OP-I read the briefs as well. Chicago is going to try to pretty much make the same arguments that DC made in Heller(handguns are bad,exc.), as well as try to prove somehow that the rest of the Bill of Rights applies to the States, but somehow the 2A(w/44 states having a RKBA amendment), isn't.
    If you want to have a few laughs check out Palmer v. DC briefs. DC's brief makes many errors and is caught by Gura(Palmer's attorney).
    "The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree..."
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    Guilty...not like Charlie Rangel guilty...but guilty of reading those...you know..what you said...
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