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something really bothers me about this....

callktulucallktulu Member Posts: 3,451 ✭✭✭
edited June 2008 in General Discussion
Can Supreme Court judges be impeached? Or face some other form of similar form of discipline if they prove to be blatantly ignoring their oath? Based on the recent gun ban ruling, this judge's dissenting comment really bothers me:

quote:Justice Stephen Breyer wrote a separate dissent in which he said, "In my view, there simply is no untouchable constitutional right guaranteed by the Second Amendment to keep loaded handguns in the house in crime-ridden urban areas."

It seems to me that he is choosing the view the Constitution like a buffet: picking and choosing where and when it can be applied. And as I think we can all agree here, that is NEVER the case with our most treasured document. Unless I am misinterpreting what he's saying, it seems that he bases Constitutionality on where you live (urban vs. rural) and what that particular area's crime rate is.

To me, he is blatantly picking and choosing when and how the Constitution should be applied, rather than using it as intended: a rule for all. So.....by his logic search & seizure may be OK in rural, low-crime areas, but not in urban high-crime areas. Freedom of assembly is guarded on a farm, but not in city limits. Women can vote in suburbs whose first letter begins with "T," but everywhere else it's prohibited.

Where does it end? Why is this guy allowed to continue to interpret the Constitution as "Choose Your Own Adventure" game?[?]

Comments

  • ruger41ruger41 Member Posts: 14,665 ✭✭✭✭
    edited November -1
    I don't know--I think by the Justices' being allowed to sit on the bench for life is a bad idea. They are susceptible to being power mad and the older they get I wonder how many of them still have their minds and wits fully about them. I think 10 years and out would be better. Instead of interpreting a 200+ year old document they end up legislating from the bench.
  • OleDukOleDuk Member Posts: 1,195 ✭✭✭✭✭
    edited November -1
    Read what Justice Steven said---..that the framers wouldn't give that power to the people which could enable them to overthrow a government---or words to that effect.
    Of course, that is just what the framers intended to do! They wanted the people to be armed so they could overthrow a tyrannical government just as they had just done to the Brits. Every one of the dissenting opinions sounds like it was written by an idiot.
    OleDuk[:(!][:(!]
  • slumlord44slumlord44 Member Posts: 3,702 ✭✭✭
    edited November -1
    The way that I see it, the guy in the crime ridden neighborhood needs the loaded gun more than anyone else. What part of common sense does this guy not understand? I read his opinion yesterday and it scared the hell out of me! This kind of logic in his position is more dangerous than any loaded gun in the world.
  • davealddaveald Member Posts: 2,078 ✭✭✭✭✭
    edited November -1
    Well I agreed with Judge Breyer to the point of having a loaded handgun in D.C. I think every home owner should have a fully automatic 10 guage shotgun, or at least something of larger caliber then a handgun.
  • buschmasterbuschmaster Member Posts: 14,229 ✭✭✭
    edited November -1
    he's referring to the case at hand.

    you can park a volkswagen in the room and he can still say he doesn't see anything.
  • callktulucallktulu Member Posts: 3,451 ✭✭✭
    edited November -1
    quote:Originally posted by buschmaster
    he's referring to the case at hand.

    you can park a volkswagen in the room and he can still say he doesn't see anything.




    Well, in all fairness, VW's do suck, so I'll give him that.
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