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graham4anything

(11,464 posts)
Fri Mar 29, 2013, 03:58 AM Mar 2013

A new SCOTUS Reinterpretation of the 2nd is the only way true change shall come

Question is how many new justices will it take to have a complete change in the
Constitution.
As the Gun fetishers always whine the 2nd, the 2nd, all it takes is a re-interpretation to get past that definition, and once that definition is in the books, none of the other talking points matter at all.

It means of course a continuation of President Obama's agenda for many decades to come, to insure, once change happens, it never gets rearranged back.

Will it be a one justice swing, making it 5 to 4 liberal? Will it take two to make it 6 to 3?

Of course, any past statements made by any justice is only meaningful on what the case directly in front of them is.

But as long as the next President is one with the same agenda as this one, and that would mean 12 more years minimum, there should be four or five different justices during this time period(and Scalia and Thomas will be very old by then, so logic dictates they will be gone from the bench, Kennedy will retire, and two democratic judges (meaning five new appointments most likely in 12 years).

Making it at least 6 to 3 liberal.

Because one knows in their heart, until the 2nd is reinterpreted, major change won't happen.

So while not having a litmus test, indeed, there should be a litmus test, because after all, the 2nd as it stands now says private people could own shoulder to air missiles and bunker busting bombs under the guise of the 2nd.

So we need to vote new candidates in, need to keep the senate, reclaim the house, and by natural process, change the courts (lower to top) and governors, assembly, etc.

Each and every one, to end the madness of bullets and guns in the street.

Because once it is done, then one can say they truly support the 2nd.
(And after all, it was a recent reinterpretation that gave us the fool hearted new rationale for guns in the first place, not the original meaning which never said private citizens and handguns.

11 replies = new reply since forum marked as read
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A new SCOTUS Reinterpretation of the 2nd is the only way true change shall come (Original Post) graham4anything Mar 2013 OP
And, may I add- the gun lovers and NRA knows this is going to happen just by graham4anything Mar 2013 #1
I have always said that meaningful progress needs to come through gun trade jurisprudence. Loudly Mar 2013 #2
Regulation and tax policy Warren Stupidity Mar 2013 #4
ALL we need is a new reinterpretation graham4anything Mar 2013 #3
Oh yeah, sure. Why not? I mean, fuck it... Serve The Servants Apr 2013 #8
Nice insult Kingofalldems Apr 2013 #9
deerhuntress jimmy the one Mar 2013 #5
seems a little odd markeybrown Mar 2013 #6
Laws are never static in a free society. Ikonoklast Apr 2013 #10
Reinterpret the 2nd, being that originally it never meant private citizens to start off with graham4anything Mar 2013 #7
Of course it meant private citizens. They WERE the militias. Not saying that role jmg257 Apr 2013 #11
 

graham4anything

(11,464 posts)
1. And, may I add- the gun lovers and NRA knows this is going to happen just by
Fri Mar 29, 2013, 04:00 AM
Mar 2013

just by looking at how the gun/NRA lovers are changing their words around.

You can tell what makes the NRA and their synchophants sweat by how much hatred for individuals who go against the gun, and how they backtrack and desperately seek new soundbytes after their old ones as proverbially shot to pieces.

 

Loudly

(2,436 posts)
2. I have always said that meaningful progress needs to come through gun trade jurisprudence.
Fri Mar 29, 2013, 04:29 AM
Mar 2013

After making our bed with expansive "rights" in Heller and McDonald, we need leading cases in the area of manufacture, distribution, importation, retail sale, etc. which give the executive branch the authority it needs to generally cut off the supply of new product and establish a national gun registry.

 

Warren Stupidity

(48,181 posts)
4. Regulation and tax policy
Fri Mar 29, 2013, 06:37 AM
Mar 2013

Ban the manufacturing and import of semi auto and high capacity civilian weapons and tax the heck out of sales. Of course the gunners will cry over this and man-splain how it can't be done, but it can.

 

graham4anything

(11,464 posts)
3. ALL we need is a new reinterpretation
Fri Mar 29, 2013, 06:17 AM
Mar 2013

Heller was one reinterpretation,and no, that is not the end all to end all, sorry about it, as
all it takes is a new SCOTUS to swing the vote to 5 to 4 the other way, or 2 or 3 or 4

then none of the other things matter

There is ZERO reasons for any private person to have a gun and bullets, in the streets, or in the house.

NONE.

It might be as little as ONE changed SCOTUS, or might take 3 or 4, but the end is near for the bullets and guns.

The other way to do it would be to increase the USSUpreme court to 13 (which is legally possible, the #9 is not set in stone either).

All it takes is a new mind set.

Then, with a new reinterpretation, we can bypass any/all whines.

working for a bullet free America.
too bad one more person, or 100,000 more people will die before it is achieved.

But, it will be.

And it might be as little as ONE person to do it.

jimmy the one

(2,717 posts)
5. deerhuntress
Fri Mar 29, 2013, 07:59 AM
Mar 2013

graham: A new SCOTUS Reinterpretation of the 2nd is the only way true change shall come

Yes, they would have to reverse themselves from heller 2008 & mcdonald 2010, like what they did re dred scott.

Hate to bear bad news, tho some already aware - let's just hope it's a passing fad on the part of justice elena kagan:
Scalia also commented on the hunting ability of Justice Elena Kagan, who has joined Scalia to shoot quail, pheasant and larger animals. Last year, on a trip to Wyoming, they had a license to go after antelope and mule deer. But there were none to be found. Instead, "she ended up killing a white-tailed doe, which she could have done in my driveway" in suburban Virginia, Scalia said.
He said Kagan, who never handled a gun before joining the court, is just a beginner, but "she dropped that doe in just one shot."


My heart sorta sank when I first read that, usually the worse case scenario plays itself out, but as I said we can hope it's just a passing fad as it is with most people. The worst case of course, she becomes an individual rights justice.
Please don't kill any more animals elena, you don't need the meat, you don't need the skill, you don't fit the bill - you're a justice & a life saver not a killer.

graham: There is ZERO reasons for any private person to have a gun and bullets, in the streets, or in the house. NONE.

I think that's taking it a bit too far, graham; I think a gun in the house, properly stored & ammo separate, is up to an individual --- and doesnt' hinge on any supposed right conferred by the 2ndA.
I object to unfettered use & distribution of guns, and oppose carrying concealed without demonstrated need.
I would agree with you somewhat if you are young parents with small children, then don't own guns in the house, or maybe one & keep it locked up in a safe, unloaded.

 

markeybrown

(8 posts)
6. seems a little odd
Fri Mar 29, 2013, 08:46 AM
Mar 2013

to change/reinterpret things that are contrary to how they have been interpreted many times(on various levels) before. Not just gun stuff either.

Ikonoklast

(23,973 posts)
10. Laws are never static in a free society.
Tue Apr 2, 2013, 05:52 AM
Apr 2013

If not for changing the interpretations of the Constitution, and many times amending to circumvent a USSC ruling (the Fourteenth invalidating Dred Scott), this country would be even more regressive than it is.

If we went back to the original intent of the Founders for the Second, it would be interpreted solely as a collective, not individual right, as written. The expansions of those rights came under re-interpretation.

 

graham4anything

(11,464 posts)
7. Reinterpret the 2nd, being that originally it never meant private citizens to start off with
Fri Mar 29, 2013, 09:08 AM
Mar 2013

It meant the National Guard and Fema (both of which indeed should be fully armed, to deal with the rightwing extremists who want to overthrow the government.)

jmg257

(11,996 posts)
11. Of course it meant private citizens. They WERE the militias. Not saying that role
Tue Apr 2, 2013, 07:40 AM
Apr 2013

isn't obsolete, or that private citizens didn't mean 'white males' of certain ages, but don't hurt your arguments by trying to change history, or the facts with regards to the 2nd.

eta:

"I. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia, by the Captain or Commanding Officer of the company, within whose bounds such citizen shall reside, and that within twelve months after the passing of this Act. And it shall at all time hereafter be the duty of every such Captain or Commanding Officer of a company, to enroll every such citizen as aforesaid, and also those who shall, from time to time, arrive at the age of 18 years, or being at the age of 18 years, and under the age of 45 years (except as before excepted) shall come to reside within his bounds; and shall without delay notify such citizen of the said enrollment, by the proper non-commissioned Officer of the company, by whom such notice may be proved. That every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein, to contain not less than twenty four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball; or with a good rifle, knapsack, shot-pouch, and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder; and shall appear so armed, accoutred and provided, when called out to exercise or into service, except, that when called out on company days to exercise only, he may appear without a knapsack..."

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