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jimmy the one

(2,741 posts)
8. hot off the presses
Fri Jan 30, 2015, 01:38 PM
Jan 2015
Jan 27, 2015 Justice Stevens Pens Six Amendments to Tune-Up Constitution

Since William Rehnquist {dead a while back} joined the Supreme Court, it has made several rulings that have knocked the U.S. Constitution out of whack. Retired Justice John Paul Stevens, who deliberated on most of those rulings, has written six amendments to fix the damage and tune-up the Constitution.

6. Gun Control: For more than two hundred years, federal judges have, according to Stevens {and millions others}, uniformly understood the Second Amendment to be limited in two ways. One, that it applies only for military purposes, and two, that, while it limited the power of the federal government, it did not limit the power of state or local governments to regulate ownership or use of firearms.
Thus, in 1939 the Court ruled unanimously that Congress could ban possession of a sawed-off shotgun because that weapon had no reasonable relation to "a well regulated Militia."
But the Roberts Court has twice ruled against governments trying to tamp down gun violence. In 2008, a 5-4 majority, citing the Second Amendment, threw out a Washington, D.C., law and created a new Constitutional right for a civilian in D.C. to keep an enabled handgun at home for self-defense.
And in 2010, the same 5-4 Court, citing the Due Process Clause of the Fourteenth Amendment, threw out a Chicago handgun ban, and extended the Court's newly-created Constitutional right to the states.
To restore the Second Amendment to its original meaning, and to return the power of regulating firearms to state and local governments, Stevens adds five words to the Second Amendment:

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms when serving in the Militia, shall not be infringed"

Putting Stevens' amendments through looks like a long row to hoe. But, as Bertrand Russell once said of his own proposal for political change, "[T]he difficulty ... does not diminish the desirability of such a change." And Stevens is undaunted: As time passes, I am confident that the soundness of each of my proposals will become more and more evident, and that ultimately each will be adopted. The purpose of this book is to expedite that process and to avoid future crises before they occur.
http://www.dailykos.com/story/2015/01/28/1360644/-Justice-Stevens-Pens-Six-Amendments-to-Tune-Up-Constitution?detail=email

Recommendations

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I also read that one of the reasons for militias upaloopa Jan 2015 #1
Excellent post. I also recommend Stevens' Dissent in Heller. Hoyt Jan 2015 #2
Heller: billh58 Jan 2015 #3
Yep... NoJusticeNoPeace Jan 2015 #4
Refreshing to see a saliva free look at what is in the constitution and flamin lib Jan 2015 #5
compare miller with heller jimmy the one Jan 2015 #6
I was curious why none of our gun friends have commented... NoJusticeNoPeace Jan 2015 #7
hot off the presses jimmy the one Jan 2015 #8
sorry to hijack your thread! jimmy the one Jan 2015 #9
Thoughts on the 2nd Amendment guillaumeb Jan 2015 #10
Translation: fear...of course you are right. NoJusticeNoPeace Jan 2015 #11
Latest Discussions»Issue Forums»Gun Control Reform Activism»I borrowed this from a fr...»Reply #8