NINTH CIRCUIT INCORPORATES 2nd AMENDMENT

"We must decide whether the Second Amendment prohibits a local government 
from regulating gun possession on its property. [a gun show case]

"We are therefore persuaded that the Due Process Clause of the Fourteenth 
Amendment incorporates the Second Amendment and applies it against the 
states and local governments..."

Full opinion:
http://www.ca9.uscourts.gov/datastore/opinions/2009/04/20/0715763.pdf

First discussion
http://volokh.com/archives/archive_2009_04_19-2009_04_25.shtml#1240247034

Second discussion
http://volokh.com/archives/archive_2009_04_19-2009_04_25.shtml#1240249775

This is a HUGE FARKING DEAL. Incorporation effectively strikes down hundred 
of state an local laws on gun possession (i.e., Chicago's).

The NINTH CIRCUIT! Who would have thought.

Although it was only a three-judge panel, the panel consisted of judges 
appointed by Reagan, Clinton, and Carter. The chances of an en banc hearing 
(full court) are thought to be nil.

Background

I. Incorporation
Until the early part of the 20th Century, the legal position on the Bill of 
Rights was that they applied ONLY to the federal government; states and 
their subdivisions were free to establish a state church, ban newspapers, 
search without warrants, or anything else.

Starting in 1931, the amendments of the Bill of Rights began to be 
"incorporated," that is, applied to states. The first to be so applied was 
Freedom of the Press, then came Freedom of Assembly in 1937.

As of today, the following parts of the Bill of Rights are NOT binding upon 
the states, they have not been "incorporated."

* 2nd Amendment - Right to keep and bear arms
* 3rd Amendment - Quartering of soldiers in private homes
* 5th Amendment - Right to an indictment by a grand jury
* 7th Amendment - Right to a jury trial in civil cases
* 8th Amendment - Protection against excessive bail and excessive fines

II. 9th Circuit
The 9th Circuit (Alaska, Arizona, California, Hawaii, Idaho, Montana, 
Nevada, Oregon, Washington, the U.S. Territory of Guam and the Commonwealth 
of the Northern Mariana Islands) is the most liberal of the nine judicial 
circuits and is responsible for more appeals and reversals than any other.

In the main, its justices are mouth-breathing knuckle-draggers. It is a 
sorry collection of nit-pickers, cut-purses, athletes of the tongue, 
pettifogs, and wowsers who generate ream after ream of bum-wad suitable only 
for raising the eyebrows of their betters.

I have no explanation for today's decision - it is a paragon of logic and 
erudition.

On the other hand, the petitioner lost.

But, as one reviewer put it, "We should not cease to marvel at a flying pig 
simply because he crashes on landing."

"HeyBub" <h...@NOSPAMgmail.com> wrote in message 
news:J_-d...@earthlink.com...
> NINTH CIRCUIT INCORPORATES 2nd AMENDMENT
>
> "We must decide whether the Second Amendment prohibits a local government 
> from regulating gun possession on its property. [a gun show case]
>
> "We are therefore persuaded that the Due Process Clause of the Fourteenth 
> Amendment incorporates the Second Amendment and applies it against the 
> states and local governments..."
>
> Full opinion:
> http://www.ca9.uscourts.gov/datastore/opinions/2009/04/20/0715763.pdf
>
> First discussion
> http://volokh.com/archives/archive_2009_04_19-2009_04_25.shtml#1240247034
>
> Second discussion
> http://volokh.com/archives/archive_2009_04_19-2009_04_25.shtml#1240249775
>
> This is a HUGE FARKING DEAL. Incorporation effectively strikes down 
> hundred of state an local laws on gun possession (i.e., Chicago's).
>
> The NINTH CIRCUIT! Who would have thought.
>
> Although it was only a three-judge panel, the panel consisted of judges 
> appointed by Reagan, Clinton, and Carter. The chances of an en banc 
> hearing (full court) are thought to be nil.
>
> Background
>
> I. Incorporation
> Until the early part of the 20th Century, the legal position on the Bill 
> of Rights was that they applied ONLY to the federal government; states and 
> their subdivisions were free to establish a state church, ban newspapers, 
> search without warrants, or anything else.
>
> Starting in 1931, the amendments of the Bill of Rights began to be 
> "incorporated," that is, applied to states. The first to be so applied was 
> Freedom of the Press, then came Freedom of Assembly in 1937.
>
> As of today, the following parts of the Bill of Rights are NOT binding 
> upon the states, they have not been "incorporated."
>
> * 2nd Amendment - Right to keep and bear arms
> * 3rd Amendment - Quartering of soldiers in private homes
> * 5th Amendment - Right to an indictment by a grand jury
> * 7th Amendment - Right to a jury trial in civil cases
> * 8th Amendment - Protection against excessive bail and excessive fines
>
> II. 9th Circuit
> The 9th Circuit (Alaska, Arizona, California, Hawaii, Idaho, Montana, 
> Nevada, Oregon, Washington, the U.S. Territory of Guam and the 
> Commonwealth of the Northern Mariana Islands) is the most liberal of the 
> nine judicial circuits and is responsible for more appeals and reversals 
> than any other.
>
> In the main, its justices are mouth-breathing knuckle-draggers. It is a 
> sorry collection of nit-pickers, cut-purses, athletes of the tongue, 
> pettifogs, and wowsers who generate ream after ream of bum-wad suitable 
> only for raising the eyebrows of their betters.
>
> I have no explanation for today's decision - it is a paragon of logic and 
> erudition.
>
> On the other hand, the petitioner lost.
>
> But, as one reviewer put it, "We should not cease to marvel at a flying 
> pig simply because he crashes on landing."
>
>
>


Suggest putting a lower amperage circuit breaker on the 9th Circuit.

Maybe then a topic related to gun control would be appropriate for a home 
repair newsgroup like this.

Smarty 

On Mon, 20 Apr 2009 21:44:14 -0500, "HeyBub" <h...@NOSPAMgmail.com>
wrote Re OT: 9th Circuit incorporates 2nd Amendment:

>This is a HUGE FARKING DEAL. Incorporation effectively strikes down hundred 
>of state an local laws on gun possession (i.e., Chicago's).

Indeed it is! Thanks for the good news.

"HeyBub" <h...@NOSPAMgmail.com> wrote in message 
news:J_-d...@earthlink.com...
> NINTH CIRCUIT INCORPORATES 2nd AMENDMENT
>
> "We must decide whether the Second Amendment prohibits a local government 
> from regulating gun possession on its property. [a gun show case]
>
> "We are therefore persuaded that the Due Process Clause of the Fourteenth 
> Amendment incorporates the Second Amendment and applies it against the 
> states and local governments..."
>
> Full opinion:
> http://www.ca9.uscourts.gov/datastore/opinions/2009/04/20/0715763.pdf
>
> First discussion
> http://volokh.com/archives/archive_2009_04_19-2009_04_25.shtml#1240247034
>
> Second discussion
> http://volokh.com/archives/archive_2009_04_19-2009_04_25.shtml#1240249775
>
> This is a HUGE FARKING DEAL. Incorporation effectively strikes down 
> hundred of state an local laws on gun possession (i.e., Chicago's).
>
> The NINTH CIRCUIT! Who would have thought.
>
> Although it was only a three-judge panel, the panel consisted of judges 
> appointed by Reagan, Clinton, and Carter. The chances of an en banc 
> hearing (full court) are thought to be nil.
>
> Background
>
> I. Incorporation
> Until the early part of the 20th Century, the legal position on the Bill 
> of Rights was that they applied ONLY to the federal government; states and 
> their subdivisions were free to establish a state church, ban newspapers, 
> search without warrants, or anything else.
>
> Starting in 1931, the amendments of the Bill of Rights began to be 
> "incorporated," that is, applied to states. The first to be so applied was 
> Freedom of the Press, then came Freedom of Assembly in 1937.
>
> As of today, the following parts of the Bill of Rights are NOT binding 
> upon the states, they have not been "incorporated."
>
> * 2nd Amendment - Right to keep and bear arms
> * 3rd Amendment - Quartering of soldiers in private homes
> * 5th Amendment - Right to an indictment by a grand jury
> * 7th Amendment - Right to a jury trial in civil cases
> * 8th Amendment - Protection against excessive bail and excessive fines
>
> II. 9th Circuit
> The 9th Circuit (Alaska, Arizona, California, Hawaii, Idaho, Montana, 
> Nevada, Oregon, Washington, the U.S. Territory of Guam and the 
> Commonwealth of the Northern Mariana Islands) is the most liberal of the 
> nine judicial circuits and is responsible for more appeals and reversals 
> than any other.
>
> In the main, its justices are mouth-breathing knuckle-draggers. It is a 
> sorry collection of nit-pickers, cut-purses, athletes of the tongue, 
> pettifogs, and wowsers who generate ream after ream of bum-wad suitable 
> only for raising the eyebrows of their betters.


This is pretty funny, YOU calling anyone a mouth-breathing knuckle-dragger.

Who told you to think these things about the 9th circuit? Confess. Who told 
you? 

JoeSpareBedroom wrote:
>>
>> In the main, its justices are mouth-breathing knuckle-draggers. It
>> is a sorry collection of nit-pickers, cut-purses, athletes of the
>> tongue, pettifogs, and wowsers who generate ream after ream of
>> bum-wad suitable only for raising the eyebrows of their betters.
>
>
> This is pretty funny, YOU calling anyone a mouth-breathing
> knuckle-dragger.
> Who told you to think these things about the 9th circuit? Confess.
> Who told you?

From God's lips to my ears! 

"HeyBub" <h...@NOSPAMgmail.com> wrote in message 
news:p...@earthlink.com...
> JoeSpareBedroom wrote:
>>>
>>> In the main, its justices are mouth-breathing knuckle-draggers. It
>>> is a sorry collection of nit-pickers, cut-purses, athletes of the
>>> tongue, pettifogs, and wowsers who generate ream after ream of
>>> bum-wad suitable only for raising the eyebrows of their betters.
>>
>>
>> This is pretty funny, YOU calling anyone a mouth-breathing
>> knuckle-dragger.
>> Who told you to think these things about the 9th circuit? Confess.
>> Who told you?
>
> From God's lips to my ears!
>


Liar. You have no original ideas. Who told you to say those things? 

In article <8hjHl.31020$J...@newsfe21.iad>,
 "JoeSpareBedroom" <n...@frontiernet.net> wrote:

> "HeyBub" <h...@NOSPAMgmail.com> wrote in message 
> news:p...@earthlink.com...
> > JoeSpareBedroom wrote:
> >>>
> >>> In the main, its justices are mouth-breathing knuckle-draggers. It
> >>> is a sorry collection of nit-pickers, cut-purses, athletes of the
> >>> tongue, pettifogs, and wowsers who generate ream after ream of
> >>> bum-wad suitable only for raising the eyebrows of their betters.
> >>
> >>
> >> This is pretty funny, YOU calling anyone a mouth-breathing
> >> knuckle-dragger.
> >> Who told you to think these things about the 9th circuit? Confess.
> >> Who told you?
> >
> > From God's lips to my ears!
> >
> 
> 
> Liar. You have no original ideas. Who told you to say those things? 

  The Office of the Chief Justice of the USSC. The figures compiled by 
that office show the the 9th Circuit has consistently been the Circuit 
that has the most decisions overturned when appealed to the Supremes.
  BTW: You might want to get out a tissue. You left a little spittle on 
your face from that rant.

-- 
        "Distracting a politician from governing 
is like distracting a bear from eating your baby."

                                  --PJ O'Rourke

"Kurt Ullman" <k...@yahoo.com> wrote in message 
news:k...@70-3-168-216.pools.spcsdns.net...
> In article <8hjHl.31020$J...@newsfe21.iad>,
> "JoeSpareBedroom" <n...@frontiernet.net> wrote:
>
>> "HeyBub" <h...@NOSPAMgmail.com> wrote in message
>> news:p...@earthlink.com...
>> > JoeSpareBedroom wrote:
>> >>>
>> >>> In the main, its justices are mouth-breathing knuckle-draggers. It
>> >>> is a sorry collection of nit-pickers, cut-purses, athletes of the
>> >>> tongue, pettifogs, and wowsers who generate ream after ream of
>> >>> bum-wad suitable only for raising the eyebrows of their betters.
>> >>
>> >>
>> >> This is pretty funny, YOU calling anyone a mouth-breathing
>> >> knuckle-dragger.
>> >> Who told you to think these things about the 9th circuit? Confess.
>> >> Who told you?
>> >
>> > From God's lips to my ears!
>> >
>>
>>
>> Liar. You have no original ideas. Who told you to say those things?
>
>  The Office of the Chief Justice of the USSC. The figures compiled by
> that office show the the 9th Circuit has consistently been the Circuit
> that has the most decisions overturned when appealed to the Supremes.
>  BTW: You might want to get out a tissue. You left a little spittle on
> your face from that rant.


I was referring to "mouth-breathing knuckle draggers".  He got that from 
some hysterical source online, or perhaps Glenn Beck, although I doubt even 
he would say such a thing. The rest of the paragraph above ("It is a sorry 
collection....") could not have been written by HeyBub. 

JoeSpareBedroom wrote:
>>
>>  The Office of the Chief Justice of the USSC. The figures compiled by
>> that office show the the 9th Circuit has consistently been the
>> Circuit that has the most decisions overturned when appealed to the
>>  Supremes. BTW: You might want to get out a tissue. You left a
>> little spittle on your face from that rant.
>
>
> I was referring to "mouth-breathing knuckle draggers".  He got that
> from some hysterical source online, or perhaps Glenn Beck, although I
> doubt even he would say such a thing. The rest of the paragraph above
> ("It is a sorry collection....") could not have been written by
> HeyBub.

Got me! I copied this text almost verbatim from the address of King Gustav V 
on the adoption of the Constitution of Patagonia.

I usually dial down my polished erudition when posting to newsgroups for 
fear of confusing some benighted co-respondents. In the instant case, 
however, I was overcome with emotions so unimaginably intense that I clearly 
lost perspective.

I apologize for upsetting those of a sensitive nature, not that I care what 
other people think (attribution: title of a book by Richard Feynmann - I'll 
try to be more careful in future when I plagarize something).

The original draft included: pharissical, malefic, incognitant, pokenoses, 
blow-hards, bereft of talent, intelligence, and endeavor, shoddy pedagogues, 
and a few other superlatives. I discarded them as redundant. 

"HeyBub" <h...@NOSPAMgmail.com> wrote in message 
news:J_-d...@earthlink.com...
> NINTH CIRCUIT INCORPORATES 2nd AMENDMENT
>
> "We must decide whether the Second Amendment prohibits a local government 
> from regulating gun possession on its property. [a gun show case]

As long as they incorporate, also to the 2nd amendment, the following.

The right to bear tea bags, visqueen & duct tape.