Supreme Court Injustice Ginsburg

[simon99]

Ginsburg draws connection between immigration reform, fair pay for women

The Takeaway
September 18, 2013 · 6:00 AM EDT


Excerpt from article.....


Ginsburg has also been a strong proponent of gun control throughout her time on the bench.

In the wake of the fierce, nationwide debate over gun rights and gun control, Justice Ginsburg also explained the historical basis for her view on the Second Amendment.

"The Second Amendment has a preamble about the need for a militia ... Historically, the new government had no money to pay for an army, so they relied on the state militias," she said. "The states required men to have certain weapons and they specified in the law what weapons these people had to keep in their home so that when they were called to do service as militiamen, they would have them. That was the entire purpose of the Second Amendment."

Ginsburg said the disappearance of that purpose eliminates the function of the Second Amendment.

"It's function is to enable the young nation to have people who will fight for it to have weapons that those soldiers will own," she said. "I view the Second Amendment as rooted in the time totally allied to the need to support a militia. So ... the Second Amendment is outdated in the sense that its function has become obsolete."

As for the Heller case, decided by the court in 2008, Ginsburg says the court erred in its decision.

"If the court had properly interpreted the Second Amendment, the Court would have said that amendment was very important when the nation was new," she said. "It gave a qualified right to keep and bear arms, but it was for one purpose only — and that was the purpose of having militiamen who were able to fight to preserve the nation."



This is your Supreme Court at work.....angry yet? - simon99

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[DMax]

And yet she never like a typical lib talks about the "rights of the individual" unless is about her own interpetation of equality which is left BS anyway.

 

[Black Dog]

I think we need the 2A more then ever now. This nation is as in need of preservation right now as it was in 1776. She just can't see how deep this nation is getting in to trouble and who the HELL is the cause!

 

[DMax]

I think we need the 2A more then ever now. This nation is as in need of preservation right now as it was in 1776. She just can't see how deep this nation is getting in to trouble and who the HELL is the cause!

She sees it perfectly she just happens to hate the constitution as written like all the other extreme radical left. Google Ginsberg and the consitution you will see all you need to understand who she really is.

 

[Stomper]

The dried up prune ignores recorded quotes from the founding fathers such as in my signature....

She's bitter because no man has been of such low self-esteem as to sully hisself on her.


She ain't nothing a few seconds with a baseball bat can't remedy.

 

[Grunwald]

You also have to remember that this unqualified d-bag referenced European legal precedent and not the US Constitution.
She is a rat with an agenda and Clinton should be fed elephant dong for inflicting her on this nation.

 

[Stomper]

I would be amused to see her dropped in the middle of a 12'x12' square of very sticky flypaper and watch her flounder around on it for a while.

 

[AMProducts]

I suppose this is one of those cases where Jurisprudence and History collide.

While I can see where Ginsberg could take that conclusion based solely on the arguments in the constitution, there are deeper more philosophical implications that the constitution was meant to bear out, both from biblical law, and english common law. Both of which enumerated the right to self defense, and means to accomplish it, as a right given by "god".

Gun rights should not be framed only in terms of the second amendment, to do so is to leave it open to attack.

My argument supporting gun rights depends more on the preamble to the constitution:

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Firearms are a means to insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves.

That said, going back to another theory by which the constitution was created according to John Locke, in that firearms are also personal property:

every Man has a Property in his own Person. This no Body has any Right to but himself. The Labour of his Body, and the Work of his Hands, we may say, are properly his... The great and chief end therefore, of Mens uniting into Commonwealths, and putting themselves under Government, is the Preservation of their Property.

Also, I tend to think firearms are best protected not by the 2nd amendment, but by section 1 of the 14th amendment:

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The fly in the ointment of the bolded section is the "without due process of law", however the italicized section "the equal protection of the laws", which brings politicians, police, and all other "citizens" under the same umbrella. Thus it strikes me as morally abhorrent that a state would exempt it's officers and practitioners from the laws it expects it's citizens to obey. This is the kernel from which tyranny grows.

 

[evltwn]

Looming ever more critical to our Second Amendment rights is the remaining length of Obama's term and the relative health of the 9 Justices. A younger Ginsberg and one or two more of her ilk and the threats will come at us like a torrent. Another scary thought is another Dem after Obama. Even more opportunities for lefty judges...

 

[Grunwald]

It is very unfortunate that she did not go for weekend drives with Ted Kennedy; especially ones that cross small bridges over bodies of water.

 

[Dunerunner]

So, she never read, "The Federalist Papers", or anything else? She is incompetent!!

"...to disarm the people - that was the best and most effectual way to enslave them." George Mason

"Americans have the right and advantage of being armed - unlike the citizens of other countries whose governments are afraid to trust the people with arms." James Madison

"Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom of Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any bands of regular troops that can be, on any pretense, raised in the United States" Noah Webster

"...if raised, whether they could subdue a Nation of freemen, who know how to prize liberty, and who have arms in their hands?" Delegate Sedgwick

"...but if circumstances should at any time oblige the government to form an army of any magnitude, that army can never be formidable to the liberties of the people, while there is a large body of citizens, little if at all inferior to them in discipline and use of arms, who stand ready to defend their rights..." Alexander Hamilton

"As civil rulers, not having their duty to the people before them, may attempt to tyrannize, and as the military forces which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow citizens, the people are confirmed by the article in their right to keep and bear their private arms." Tench Coxe

"Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birthright of an American... The unlimited power of the sword is not in the hands of either the federal or state government, but, where I trust in God it will ever remain, in the hands of the people" Tench Coxe

"The Constitution shall never be construed....to prevent the people of the United States who are peaceable citizens from keeping their own arms" Samuel Adams

"To preserve liberty, it is essential that the whole body of people always possess arms, and be taught alike especially when young, how to use them." Richard Henry Lee

"And what country can preserve its liberties, if its rulers are not warned from time to time that this people preserve the spirit of resistance? Let them take arms....The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants" Thomas Jefferson

"Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined" Patrick Henry

"The strongest reason for people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." -- Thomas Jefferson

"Firearms stand next in importance to the Constitution itself. They are the American people's liberty teeth and keystone under independence ... From the hour the Pilgrims landed, to the present day, events, occurrences, and tendencies prove that to insure peace, security and happiness, the rifle and pistol are equally indispensable . . . The very atmosphere of firearms everywhere restrains evil interference - they deserve a place of honor with all that is good" George Washington

"Those, who have the command of the arms in a country are masters of the state, and have it in their power to make what revolutions they please. [Thus,] there is no end to observations on the difference between the measures likely to be pursued by a minister backed by a standing army, and those of a court awed by the fear of an armed people." Aristotle