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Soto: States May Not Obey 2nd Amendment?

Mike

Well-known member
So.....the entire nation is not protected by the U.S. Constitution?

Can the State's now pick and choose which "Right" is or is not afforded us in the "Bill Of Rights"? :roll: :roll:


Sotomayor Ruled That States Do Not Have to Obey Second Amendment
CNS News

Sotomayor Ruled That States Do Not Have to Obey Second Amendment Thursday, May 28, 2009 By Matt Cover

(CNSNews.com) – Supreme Court nominee Sonia Sotomayor ruled in January 2009 that states do not have to obey the Second Amendment’s commandment that the right to keep and bear arms shall not be infringed.

In Maloney v. Cuomo, Sotomayor signed an opinion of the U.S. Court of Appeals for the Second Circuit that said the Second Amendment does not protect individuals from having their right to keep and bear arms restricted by state governments.

The opinion said that the Second Amendment only restricted the federal government from infrining on an individual's right to keep and bear arms. As justification for this position, the opinion cited the 1886 Supreme Court case of Presser v. Illinois.

“It is settled law, however, that the Second Amendment applies only to limitations the federal government seeks to impose on this right,” said the opinion. Quoting Presser, the court said, “it is a limitation only upon the power of Congress and the national government, and not upon that of the state.”
 

TSR

Well-known member
Mike said:
So.....the entire nation is not protected by the U.S. Constitution?

Can the State's now pick and choose which "Right" is or is not afforded us in the "Bill Of Rights"? :roll: :roll:


Sotomayor Ruled That States Do Not Have to Obey Second Amendment
CNS News

Sotomayor Ruled That States Do Not Have to Obey Second Amendment Thursday, May 28, 2009 By Matt Cover

(CNSNews.com) – Supreme Court nominee Sonia Sotomayor ruled in January 2009 that states do not have to obey the Second Amendment’s commandment that the right to keep and bear arms shall not be infringed.

In Maloney v. Cuomo, Sotomayor signed an opinion of the U.S. Court of Appeals for the Second Circuit that said the Second Amendment does not protect individuals from having their right to keep and bear arms restricted by state governments.

The opinion said that the Second Amendment only restricted the federal government from infrining on an individual's right to keep and bear arms. As justification for this position, the opinion cited the 1886 Supreme Court case of Presser v. Illinois.

“It is settled law, however, that the Second Amendment applies only to limitations the federal government seeks to impose on this right,” said the opinion. Quoting Presser, the court said, “it is a limitation only upon the power of Congress and the national government, and not upon that of the state.”

Well then, I would like to ask Sotomayor if states reserve the right to secede also??
 

Mike

Well-known member
TSR said:
Mike said:
So.....the entire nation is not protected by the U.S. Constitution?

Can the State's now pick and choose which "Right" is or is not afforded us in the "Bill Of Rights"? :roll: :roll:


Sotomayor Ruled That States Do Not Have to Obey Second Amendment
CNS News

Sotomayor Ruled That States Do Not Have to Obey Second Amendment Thursday, May 28, 2009 By Matt Cover

(CNSNews.com) – Supreme Court nominee Sonia Sotomayor ruled in January 2009 that states do not have to obey the Second Amendment’s commandment that the right to keep and bear arms shall not be infringed.

In Maloney v. Cuomo, Sotomayor signed an opinion of the U.S. Court of Appeals for the Second Circuit that said the Second Amendment does not protect individuals from having their right to keep and bear arms restricted by state governments.

The opinion said that the Second Amendment only restricted the federal government from infrining on an individual's right to keep and bear arms. As justification for this position, the opinion cited the 1886 Supreme Court case of Presser v. Illinois.

“It is settled law, however, that the Second Amendment applies only to limitations the federal government seeks to impose on this right,” said the opinion. Quoting Presser, the court said, “it is a limitation only upon the power of Congress and the national government, and not upon that of the state.”

Well then, I would like to ask Sotomayor if states reserve the right to secede also??

Nothing in the Constitution about it, but....the Declaration of Independence does say:
[T]hat these united colonies are, and of right ought to be free and independent states; that they are absolved of all allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as free and independent states, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent states may of right do.

If she is any kind of historian she should affirm that right.......
 
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