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05-28-2009, 09:28 AM
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Banned
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Join Date: Nov 2003
Location: Middle Of Nowhere,
USA
Cobra Make, Engine: ERA 428 FE 4-speed CR "TL" heavy spline
Posts: 3,907
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Not Ranked
Sotomayor: Right to Bear Arms Is Unconstitutional
Sotomayor: Right to Bear Arms Is Unconstitutional
Sotomayor is a graduate from Princeton University, where her legal theses included Race in the American Classroom, and Undying Injustice: American "Exceptionalism" and Permanent Bigotry, and Deadly Obsession: American Gun Culture. In this text, the student Sotomayor explained that the Second Amendment to the Constitution did not actually afford individual citizens the right to bear arms, but only duly conferred organizations, like the military. Instead of making guns illegal, she argues that they have been illegal for individuals to own since the passing of the Bill of Rights.
http://www.moonbattery.com/archives/....html#comments
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Keep in mind, she is only Chairman Zero's first step with 1-2 additional Supreme's to possibly step down in 1-2 years.
She's after your guns.
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05-28-2009, 10:58 AM
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Senior Club Cobra Member
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Join Date: Mar 2001
Location: Northport,
NY
Cobra Make, Engine: Kirkham, KMP178 / '66 GT350H, 4-speed
Posts: 10,362
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Not Ranked
Actually, her opinion was that the Constitutional right to bear arms was not meant to apply to the individual; she expressed that...the decision should be left up to the States... a very proper conservative view.
I don't get over to moonbattery.com that often  so, I don't know what they actually said there.
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05-28-2009, 11:25 AM
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Senior Club Cobra Member
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Join Date: May 2001
Cobra Make, Engine: A CSX Cobra,1966 GT350 and an '06 Ford Heritage GT
Posts: 1,829
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FAR from a 'conservative view' I am afraid. The liberal attempt has been made to make it a 'states rights' issue, but thru radical expansion of the federal powers of interstate regulation, make shipping weapons for personal use impossible. This was a tack after getting their collective tails handed to them on numerous 'frontal assaults' on what has been held repeatedly to be the correct interpretation of the 2nd Amendment. This is one reason Montana and Texas have entered the fray to deny federal authority over guns..any guns..made and used intrastate.
Remember Lott: A man with a gun is a citizen; a man without a gun is a subject. Which do you prefer?
__________________
"I think we have more machinery of government than is necessary, too many parasites living on the labor of the industrious." Thomas Jefferson
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05-28-2009, 12:02 PM
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CC Member
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Join Date: Dec 2006
Location: 30609 40th Ave E Graham WA.,
WA
Cobra Make, Engine: classic roadsters 347 stroker
Posts: 610
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I'm not really worried about it, first off no one is taking my guns away, and this has already been visited by the supreme court and not likely to come up again, and frankly she is too conservative for me, she has had 380 decisions, and most of those have sided with either the government or corporations, we don't need another corporate hack on the supreme court, we already have 4 of those, Roberts being the worst of the bunch, we need more to side with the people not corporation, or the government.
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05-28-2009, 01:09 PM
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CC Member
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Join Date: Aug 2006
Location: San Diego,
CA
Cobra Make, Engine: SPF1715, Roush Built 434 ci Stroker, Dart Block, Ported AFR 205 Heads... 561 hp / 547 tq, Former Roush Show Car, Completed and Prepped By Olthoff Racing.
Posts: 1,066
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Not Ranked
Quote:
Originally Posted by computerworks
Actually, her opinion was that the Constitutional right to bear arms was not meant to apply to the individual; she expressed that...the decision should be left up to the States... a very proper conservative view. 
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States can't make law that take away constitutional rights.
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05-28-2009, 01:16 PM
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Senior Club Cobra Member
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Join Date: Mar 2001
Location: Northport,
NY
Cobra Make, Engine: Kirkham, KMP178 / '66 GT350H, 4-speed
Posts: 10,362
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Not Ranked
Quote:
Originally Posted by SP01715
States can't make law that take away constitutional rights.
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Quite correct, that's why she gave the opinion that, without individuals being covered by 2A, it was left to the States to decide.
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05-28-2009, 01:26 PM
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CC Member
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Join Date: Aug 2006
Location: San Diego,
CA
Cobra Make, Engine: SPF1715, Roush Built 434 ci Stroker, Dart Block, Ported AFR 205 Heads... 561 hp / 547 tq, Former Roush Show Car, Completed and Prepped By Olthoff Racing.
Posts: 1,066
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Quote:
Originally Posted by computerworks
Quite correct, that's why she gave the opinion that, without individuals being covered by 2A, it was left to the States to decide.
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Article the fourth [Amendment II][3]
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
I don't know how you can read the above and not think that it applies to individuals.
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05-28-2009, 01:37 PM
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Senior Club Cobra Member
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Join Date: Mar 2001
Location: Northport,
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I read that as the people of a well regulated Militia...
...but I am no constitutional lawyer.
But I am smart enough to realize this issue is no big deal. 
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05-28-2009, 01:42 PM
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Senior Club Cobra Member
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Quote:
Originally Posted by SP01715
Article the fourth [Amendment II][3]
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
I don't know how you can read the above and not think that it applies to individuals.
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He did not say that he did. He did say that she did.
And the text does say 'regulated' implying some level of regulation, and it does say 'state' not 'nation'.
I know what I want it to mean, and I think I know what it was intended to mean (and they are pretty close), but the wording is just not as clear as it really could have been.
Steve
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If you can't stay on the road, get off it!!
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05-28-2009, 02:02 PM
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CC Member
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Join Date: Aug 2006
Location: San Diego,
CA
Cobra Make, Engine: SPF1715, Roush Built 434 ci Stroker, Dart Block, Ported AFR 205 Heads... 561 hp / 547 tq, Former Roush Show Car, Completed and Prepped By Olthoff Racing.
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here is a link that includes language from the liberal 9th circuit on a case where even they affirmed that the second amendment is an individual right.
http://www.nraila.org/News/Read/InTheNews.aspx?ID=12523
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05-28-2009, 02:06 PM
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Senior Club Cobra Member
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Join Date: Mar 2001
Location: Northport,
NY
Cobra Make, Engine: Kirkham, KMP178 / '66 GT350H, 4-speed
Posts: 10,362
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See...so there's no worry, is there?
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05-28-2009, 02:18 PM
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CC Member
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Join Date: Aug 2006
Location: San Diego,
CA
Cobra Make, Engine: SPF1715, Roush Built 434 ci Stroker, Dart Block, Ported AFR 205 Heads... 561 hp / 547 tq, Former Roush Show Car, Completed and Prepped By Olthoff Racing.
Posts: 1,066
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Quote:
Originally Posted by computerworks
See...so there's no worry, is there?
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I wish it was that easy... 
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05-28-2009, 02:19 PM
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CC Member
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Join Date: Jul 2003
Location: Huntsville, AL,
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Cobra Make, Engine: 90% of a 428 friggin SCJ Engine!
Posts: 4,474
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Quote:
Originally Posted by cobra bill
I'm not really worried about it, first off no one is taking my guns away, and this has already been visited by the supreme court and not likely to come up again, and frankly she is too conservative for me, she has had 380 decisions, and most of those have sided with either the government or corporations, we don't need another corporate hack on the supreme court, we already have 4 of those, Roberts being the worst of the bunch, we need more to side with the people not corporation, or the government.
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We need someone who will side with the Constitution. That is all.
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Happy to be back at Club Cobra!
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05-28-2009, 02:24 PM
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CC Member
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Join Date: Jul 2003
Location: Huntsville, AL,
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Cobra Make, Engine: 90% of a 428 friggin SCJ Engine!
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This ammendment was designed to prevent what had happened in feudal kingdoms of the past. A subject that could not bear arms was weak and unable to resist tyrany. When tryany exists, the people have a right to protect themselves from it. In the courts via litigation, through the electoral process, and when all else fails, the gun. Remember, I am talking about tyrany. Not a stupid parking ticket.
Mike
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Happy to be back at Club Cobra!
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05-28-2009, 03:56 PM
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Banned
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Join Date: Nov 2003
Location: Middle Of Nowhere,
USA
Cobra Make, Engine: ERA 428 FE 4-speed CR "TL" heavy spline
Posts: 3,907
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Quote:
Originally Posted by bomelia
This ammendment was designed to prevent what had happened in feudal kingdoms of the past. A subject that could not bear arms was weak and unable to resist tyrany. When tryany exists, the people have a right to protect themselves from it. In the courts via litigation, through the electoral process, and when all else fails, the gun. Remember, I am talking about tyrany. Not a stupid parking ticket.
Mike
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That sounds true, but why is it that citizens cannot own the same weapons (guns) as the government? How can they, under the constitution, make laws that disallow the ownership by citizens of assault rifles, etc.?
It seems to me that we would be outgunned under Obama's tyrany - if he takes it over the line, big time.
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05-28-2009, 04:29 PM
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CC Member
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Join Date: Mar 2007
Location: Creedmoor,
TX
Cobra Make, Engine: FFR3542K, 347 C. I., EFI, T-5, Miata Front Sway Bar, 3 Link, Red with White Stripes
Posts: 1,165
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They might want to remember history! The Minute Men were way out gunned too.
__________________
Steve
Texas Cobra Club-Austin
July 2009 FFCars Picture of the Month
FFR3542K, 347, Holley Sniper EFI, T-5, 4 Wheel Discs, 3-Link, Miata Front Sway Bar, Red with White Stripes
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05-28-2009, 04:32 PM
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CC Member
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Join Date: Dec 2006
Location: 30609 40th Ave E Graham WA.,
WA
Cobra Make, Engine: classic roadsters 347 stroker
Posts: 610
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We would be outgunned under any administration, and as much as you are worried about Obama's, I was equally worried about the bush administration, so I guess I survived them just as you will survive Obama.
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05-28-2009, 04:34 PM
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6th Generation Texan
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Join Date: Feb 2002
Location: Devil's Backbone,RR 32,
TX
Cobra Make, Engine: Lone Star Classics #240,Candy Apple Red,Keith Craft 418w - 602 HP,584 TQ
Posts: 8,157
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Not Ranked
Quote:
Originally Posted by Seagull81
They might want to remember history! The Minute Men were way out gunned too.
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That and I'm not too sure how well The Armed Forces would hold together if our sons & daughters were told to turn their guns against family and friends.
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