Friday, January 13, 2012

2nd Amendment v. Stupid NJ Gun Laws - The 1st Court Opinion (more critique)

Because Heller was the Supreme Court’s “first in-depth examination of the Second Amendment,” he wrote that “one should not expect it to clarify the entire field . . . .”  He did emphasize that “the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.” If the Supreme Court majority had intended to create a broader general right to carry for self defense outside the home, Heller would have done so explicitly.


The “he” that Judge William H.Walls refers to in his masterpiece opinion is Justice Antonin Scalia of the Supreme Court of the United States. You may have noticed the picture of Judge Billy from a previous post. I'll go out on a limb here and say that he's probably not a descendant of those pesky Europeans who founded our nation. Likewise, it may be safe to say none of his relatives signed the Constitution or Bill of Rights. That's not to say someone from his bloodline wouldn't have been qualified. Hell, Billy is a Federal Judge. I'm just saying that he and his ancestors would not have been part of that clique. Regrettably, if his family were around at that time, chances are they'd be part of the help and not the hired ones. So what's the point?

Billy seems to think that because the highest court in the land did not specifically rule on whether the 2nd Amendment applies outside the home, that he's not going to do it either. So there, what are you going to do about it? So what if the plain meaning of the amendment is clear. So what if the 2008 opinion mentions what "to bear" means, it only ruled on "inside the home" and my pea size brain can't (won't) take it to the logical conclusion. OK, fine. Being as you come from a people who were denied basic human rights, might you have a soft spot for justice?

Can you imagine a time when someone wouldn't let you eat in a certain diner? You're old enough to have lived through a time when someone could legally deny equal access to public accommodations. Sorry, you go to your side of town until the court says otherwise. How about riding at the front of the bus? How about voting? No, the court never said anything about your kind, move along. Did you like it when you had to go to an all black school? Well you knew that all this was wrong. Because the Constitution and the Bill of Rights never specifically mentions skin color, does that mean that none of it applied to you? Was that somehow fair or just?

Bill, did you know that the wonderful concept of gun control has its roots in racism. Those fun loving KKK guys and you share a common bond. Yeah, that's right. Go read Justice Clarence Thomas's opinion in McDonald v Chicago which begins on page 67. He does a wonderful job explaining the whole thing. What you've done in your court is deny my civil rights. It is no less egregious in the legal sense than what was done to your ancestors. The fundamental God given right to self defense outside the home is for all races in NJ and you've poopoo'ed it all away. Why? Because the Heller & McDonald rulings only mentioned it in dicta. You should be ashamed of yourself.