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Old 10-05-2009, 7:43 PM
mblat mblat is offline
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I was seriously wondering about this issue earlier today.

What the heck happens if we lose one of the 5? It's doubtful that we'll lose one before incorporation, but what about after?
It would be highly unfortunate. We will most likely end up with with some variation of Kelo case. If you are not familiar
http://en.wikipedia.org/wiki/Kelo_v._City_of_New_London

Basically right to keep and bear arms will NEVER be questioned again ( as right to private property), however regulation of that right that may be deemed constitutional may be extreme. ( like taking one property and giving it to other private party in order to raise tax revenue ).
Think about it - if it is constitutional for government to confiscate property to raise tax receipts, why similar concept can't be applied to gun registration/ownership/magazine limits?

So you will be able to owe pretty much ANY gun, as long as you keep it unloaded and locked all the time. Or something similar.....

I know that bunch of very capable and very smart law professionals on this board disagree with me on this. And I fully respect knowledge they posses and I don't. However, this has NOTHING to do with what CONSTITUTION or SCOTUS precedence says. What they refuse to recognize is that judges in this country no longer interpret law. They make it. For SCOTUS it has long become purely political game. Heller after all was 5-4? So four judges choose to ignore "shall not be infringed". Given a chance they WILL find the way to go around the Heller.


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Do the 5 know what's going on, and will they try to postpone retirement as long as possible in order to prevent the current administration from rebalancing the court?
yes - they do it all the time. Unless one of them dies they will stay on court until R will be in the office.

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Will Obama and the Senate suffer politically if the balance is upset? Would this political backlash be enough to get another pro-gun judge nominated by an Obama replacement in 2012?
no. Obama may not nominate openly anti-gun judge.... but he will NEVER nominate openly pro-gun judge either.


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Will Obama, in fear of backlash, not nominate an anti-gun replacement for one of the 5?
no

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I know we can't know the answers to these question yet, but they scare me.
Sure we do know the answer. And it is:
Guns matter...... they just don't matter all THAT much. People care about jobs, not guns. There are probably close to ten million gun owners in CA, by far largest block. We also have one of the most severe anti-gun laws.

One can hope that gun owners will start voting as a block, but it is unlikely to happen.
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The essence of Western civilization is the Magna Carta, not the Magna Mac. The fact that non-Westerners may bite into the later has no implications for their accepting the former.
S.P. Huntington.

Last edited by mblat; 10-05-2009 at 7:51 PM..
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