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September 30, 2009

14th Amendment

September 30, 2009

The Supreme Court has granted certiorari for McDonald v. City of Chicago, SC Docket: 08-1521.

With the Chicago gun ban case the 14th Amendment moves to center stage. The lead attorney in the Supreme Court case of McDonald v. Chicago is Alan Gura. He did an excellent job in District of Columbia v. Heller, so the new case is in very good hands.

The question presented in McDonald v. Chicago is:

“Whether the Second Amendment is incorporated into the Due Process Clause or the Privileges or Immunities Clause of the Fourteenth Amendment so as to be applicable to the States, thereby invalidating ordinances prohibiting possession of handguns in the home.”

That the Justices framed their questions to inquire about incorporation through the Privileges or Immunities Clause, this is really interesting. Do they have plans, maybe.

Incorporation is the technical word for making a Constitutional Amendment applicable to the states, by incorporating the amendment in the States Constitutions. When the Bill of Rights was passed, the Founders specifically rejected a proposal to incorporate the Amendments. Instead, the laws were only applicable to the federal government.

But starting in 1897, the high court has undergone a piecemeal process of incorporating various parts of the Bill of Rights. Today’s gun right’s cases are asking the justices to extend the federally protected Second Amendment right to keep and bear arms to the States

The 14th Amendment language closely tracked the existing Article IV original language in the Privileges and Immunities Clause. In Congressional discussions of the Joint Committee of Fifteen, on February 28, 1966, Congressman Bingham expressed his opinion that this draft language would give Congress power to “secure to the citizens of each State all the privileges and immunities of citizens of the United States in the several States,” and he added that, “The proposition pending before the House is simply a proposition to arm the Congress…with the power to enforce the bill of rights as it stands in the constitution today. It hath that extent—no more … If the State laws do not interfere, those immunities follow under the Constitution.”

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Supreme Court to hear Chicago gun cases

September 30, 2009

The Supreme Court announced this morning it will hear a challenge to Chicago’s gun restrictions that will determine if local handgun bans are legal.

Last year, the high court ruled the 2nd Amendment gave individuals the right to possess firearms and struck down Washington, D.C.’s gun bans.

Left open was the question of whether states and local governments are required to do the same.

By agreeing to take up the case McDonald vs. City of Chicago, the high court potentially could set in motion a nationwide re-establishment of the right to bear arms. This case challenge several Chicago gun laws, including the city’s ban on handguns.

In the high courts decision in June of last year, it ruled 5-4 for the first time that the 2nd Amendment establishes the right to own a handgun for personal self-defense, not only as part of a state militia.

The over arching issue is did in fact the Civil War Amendments(the thirteenth, fourteenth and fifteenth amendment), bind the Bill of Rights onto the States Constitutions. One thing that was to be insured, freed slaves could own guns.

Each of these amendments became the basis of future Supreme Court cases, the 14th has generated more cases that reached the court than all the rest of the amendments.

UPDATE Fox News has more here:

The Supreme Court agreed Wednesday to decide whether strict local and state gun control laws violate the Second Amendment, ensuring another high-profile battle over the rights of gun owners.

The court said it will review a lower court ruling that upheld a handgun ban in Chicago. Gun rights supporters challenged gun laws in Chicago and some suburbs immediately following the high court’s decision in June 2008 that struck down a handgun ban in the District of Columbia, a federal enclave.

The new case tests whether last year’s ruling applies as well to local and state laws.


Sarkozy Sees Obama As Incredibly Naive — Grossly Egotistical

September 30, 2009

Incredibility naive, must be that 5 minute experience thing, grossly egotistical, must be that arrogance he wears on his sleeve. I also see a tinge of racism in near everything Oba-Mao does, must be his get whitey training he got watching Rev Wright for 20 years.

Jack Kelly from the Pittsburgh Post-Gazette told Greta Van Susteren that Sarkozy is furious with President Obama over his Iran speech and his misguided global disarmament obsession.

French President Sarkozy thinks President Obama is incredibly naive and grossly egotistical. Sarkozy is worried about the Western world with such a flawed president leading America.

Is there a bit of Sarkozy in all of us.

And then there is the unhinged left … Bette Midler Warns Glenn Beck Could Set Off a Rwanda-Like Civil War in U.S. and this from Patrick Kennedy

“It’s very, very dangerous,” Kennedy said in the interview. “We put a lot of people in jail around the world for threatening our country’s security. But this atmosphere of attack that doesn’t attack the issue, but attacks the people, is very disruptive to the institution of democracy, which relies on a respect for the opposition.”

“It’s very, very dangerous,” Kennedy said in the interview. “We put a lot of people in jail around the world for threatening our country’s security. But this atmosphere of attack that doesn’t attack the issue, but attacks the people, is very disruptive to the institution of democracy, which relies on a respect for the opposition.”

It’s all about the Tea Parties and how they treaten the left’s agenda.


Shuck and Jive Act Already In Town

September 29, 2009

color-health-c-huckstrs-web

It’s an old act, seen this one before. But at least the last ones had coke in their elixir.


$79 Billion Spent on Trying to Prove a Hoax

September 29, 2009

The US government has spent over $79 billion since 1989 on policies related to climate change, including science and technology research, administration, education campaigns, foreign aid, and tax breaks. Despite the billions: “audits” of the science are left to unpaid volunteers. A dedicated but largely uncoordinated grassroots movement of scientists has sprung up around the globe to test the integrity of the theory and compete with a well funded highly organized climate monopoly. They have exposed major errors, Watts Up With That is one such site.

American Thinker has an excellent article here:

What is becoming clearer is that the concept of “manmade global warming” may be one of the greatest hoaxes in world history.  How soon this will become generally known will depend on how forcefully the political effort seeking both national and international control of industry and wealth redistribution can keep the hoax hidden by intimidation and forcefully amplified rhetoric while systematically jeopardizing the economies of America and other developed nations.

More from the SPPI here:

Can you think of a better way to have spent $79 billion?


AGW, They Lied

September 29, 2009

Steve McIntyre proves AGW “hockey stick” proxy data was cherry picked

This is going to leave a mark.

Layman summary: It took years of wrangling for Steve McIntyre to get the complete data set used by some formerly respected researchers, and now we know why they were so reluctant to give it up. Key elements showing the upturned blade end of the hockey stick were cherry picked for maximum effect, 12 cherry picked tree ring measurements were used to paint the fraudulent picture with. When the very same complete dataset, with all points used in the analysis was examined, the blade vanishes.

Kieth Briffa used these 12 samples to arrive at his version of the hockey stick and refused to provide his all the data for years. When McIntyre finally got hold of it, and looked at the 34 samples that Briffa left out of his graphs, a stark message was displayed.  McIntyre describes it today as one of the most disquieting images he’s ever presented.

Here is Steve’s conclusion graphic:
rcs_merged

Significant modeling and other researcher’s work was based on this fraudulently presented data and analysis that hinged on it. The conclusion presented by the full dataset is the temperature has been at best, flat, if not trending down since the 15-1600s. Not the type conclusion you want, if you are trying to say it’s getting hotter on earth.


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