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Great article on Clarence Thomas and his thoughts on the RTKBA

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  • Uxi
    Calguns Addict
    • Apr 2008
    • 5155

    Great article on Clarence Thomas and his thoughts on the RTKBA

    Did a search and didn't see it posted...

    Will Clarence and Virginia Thomas succeed in killing Obama’s health-care plan?


    Thomas joined Scalia’s opinion for the majority but wrote a concurring opinion that examined the case in a different way. Thomas devoted his opinion to the Second Amendment, which provides that a “well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” The Second Amendment had not been addressed by the Supreme Court since 1939, and the parties in Printz had not raised a Second Amendment claim at any stage of the proceedings, but Thomas used the case to undertake an extensive discussion of it. Indeed, Thomas suggested that the Brady bill might well be unconstitutional as a violation of the Second Amendment. “Marshaling an impressive array of historical evidence, a growing body of scholarly commentary indicates that the ‘right to keep and bear arms’ is, as the Amendment’s text suggests, a personal right,” Thomas wrote. Concluding with a flourish, and referring to Joseph Story, a renowned figure from the early days of the Court, Thomas declared, “Perhaps, at some future date, this Court will have the opportunity to determine whether Justice Story was correct when he wrote that the right to bear arms ‘has justly been considered, as the palladium of the liberties of a republic.’ ”
    Great article on one of our great Justices. They kind of take an scurrilous approach to the accusations from Anita Hill and his wife's activities but the article about his jurisprudence is really good stuff. If GHW "Read my Lips" did nothing else right, I'm so happy we have Clarence Thomas on SCOTUS. Always amused when I see those on the left deriding him as an intellectual lightweight.
    Last edited by Uxi; 09-02-2011, 5:17 PM.
    "No free man shall ever be debarred the use of arms. The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." -- Thomas Jefferson

    9mm + 5.56mm =
    .45ACP + 7.62 NATO =
    10mm + 6.8 SPC =
    sigpic

    Et Verbum caro factum est et habitavit in nobis; Jn 1:14
  • #2
    Liberty1
    Calguns Addict
    • Apr 2007
    • 5541

    Loved the read! Thomas is one of my heros! I remember the confirmation hearings and wondering how strange Hills claims were.

    Gene, next time Thomas is in state for BG let's have a helerbration shoot-n-que with a particular guest of honor! I'd love to buy him a low calorie beer and shake his hand!
    False is the idea of utility that sacrifices a thousand real advantages for one imaginary or trifling inconvenience; that would take fire from men because it burns, and water because one may drown in it; that has no remedy for evils except destruction. The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes.
    -- Cesare Beccaria http://www.a-human-right.com/

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    • #3
      The Shadow
      Veteran Member
      • Mar 2010
      • 3213

      If the majority of justices turn to Thomas for guidance, and Thomas is a champion of the Second Amendment, then I would expect the second amendment to be fully restored before Thomas retires. Maybe that's too optimistic, but I try to stay optimistic about things like that.
      sigpic Speaking about the destruction of the United States. "I answer, if it ever reach us, it must spring up amongst us. It cannot come from abroad. If destruction be our lot, we ourselves must be its author and finisher. As a nation of free men, we must live through all times, or die by suicide. Abraham Lincoln Speech at Edwardsville, IL, September 11, 1858

      Godwin's law

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      • #4
        BigDogatPlay
        Calguns Addict
        • Jun 2007
        • 7362

        A remarkably well balanced and well written article. I, for one, am glad it wasn't yet another hit piece demanding that his wife give him heart disease with her cooking. An interesting note was calling out his thinly disguised contempt for the Ivy League law schools and Yale Law, in particular, from which he graduated. It's always been kind of loosely known about him, but it is refreshing to see it discussed frankly.

        As to the quoted passage in the OP from Printz, it should be noted that it was Mr. Justice Thomas who drank deeply from the waters offered by Alan Gura in McDonald. It was Justice Thomas who went brilliantly, in his concurrence on Mcdonald where the rest of the court feared to their core to tread and reinforced his earlier writings in Printz.

        Perhaps, someday, a broader reach of the court will embrace P or I and be done with the squishy middle ground for good.
        -- Rifle, Pistol, Shotgun

        Not a lawyer, just a former LEO proud to have served.

        Americans have the right and advantage of being armed - unlike the citizens of other countries whose governments are afraid to trust the people with arms. -- James Madison

        Comment

        • #5
          sholling
          I need a LIFE!!
          CGN Contributor
          • Sep 2007
          • 10360

          Thomas is only reviled by the left because he believes in enforcing the constitution as the founders intended. I just wish we had 5 more of him on the bench.
          "Government is the great fiction, through which everybody endeavors to live at the expense of everybody else." --FREDERIC BASTIAT--

          Proud Life Member: National Rifle Association, the Second Amendment Foundation, and the California Rifle & Pistol Association

          Comment

          • #6
            VegasND
            Calguns Addict
            • Aug 2007
            • 8621

            I'd like to have a few more Justices like him.
            People don't like to be meddled with. We tell them what to do, what to think, don't run, don't walk. We're in their homes and in their heads and we haven't the right. We're meddlesome.
            --River Tam

            Comment

            • #7
              Mulay El Raisuli
              Veteran Member
              • Aug 2008
              • 3613

              Originally posted by BigDogatPlay
              A remarkably well balanced and well written article. I, for one, am glad it wasn't yet another hit piece demanding that his wife give him heart disease with her cooking. An interesting note was calling out his thinly disguised contempt for the Ivy League law schools and Yale Law, in particular, from which he graduated. It's always been kind of loosely known about him, but it is refreshing to see it discussed frankly.

              As to the quoted passage in the OP from Printz, it should be noted that it was Mr. Justice Thomas who drank deeply from the waters offered by Alan Gura in McDonald. It was Justice Thomas who went brilliantly, in his concurrence on Mcdonald where the rest of the court feared to their core to tread and reinforced his earlier writings in Printz.

              Perhaps, someday, a broader reach of the court will embrace P or I and be done with the squishy middle ground for good.

              Well, there's certainly enough cases on the way for that to happen.


              The Raisuli
              "Ignorance is a steep hill with perilous rocks at the bottom"

              WTB: 9mm cylinder for Taurus Mod. 85

              Comment

              • #8
                johndoe2150
                Member
                • Mar 2011
                • 184

                He may be my new favorite justice now. It sure would be nice to see the commerce clause gutted to a reasonable interpretation.

                Comment

                • #9
                  vantec08
                  Veteran Member
                  • Sep 2009
                  • 3795

                  Originally posted by johndoe2150
                  He may be my new favorite justice now. It sure would be nice to see the commerce clause gutted to a reasonable interpretation.
                  Agree. Lawyer told me that everything that doesnt fit something else gets lumped under the commerce clause. Time to put an end to that.

                  Comment

                  • #10
                    Window_Seat
                    Veteran Member
                    • Apr 2008
                    • 3533

                    Originally posted by johndoe2150
                    He may be my new favorite justice now. It sure would be nice to see the commerce clause gutted to a reasonable The Proper interpretation.
                    Fixed it for ya!

                    Erik.

                    Comment

                    • #11
                      Uxi
                      Calguns Addict
                      • Apr 2008
                      • 5155

                      Originally posted by vantec08
                      Agree. Lawyer told me that everything that doesnt fit something else gets lumped under the commerce clause. Time to put an end to that.
                      Right. Seems almost certain Thomas would be even more appalled than I am at the commerce clause being used from everything from the NFA to Barrycare when it's obviously gross abuse for both.
                      "No free man shall ever be debarred the use of arms. The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." -- Thomas Jefferson

                      9mm + 5.56mm =
                      .45ACP + 7.62 NATO =
                      10mm + 6.8 SPC =
                      sigpic

                      Et Verbum caro factum est et habitavit in nobis; Jn 1:14

                      Comment

                      • #12
                        mag360
                        Calguns Addict
                        • Jun 2009
                        • 5198

                        what a worthwhile read. That was motivating. I love his true to the constitution drive. Aaaaand that he gets the "elites" and liberals riled up.
                        just happy to be here. I like talking about better ways to protect ourselves.

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                        • #13
                          Maestro Pistolero
                          Veteran Member
                          • Apr 2009
                          • 3897

                          Long Live Clarence Thomas.
                          www.christopherjhoffman.com

                          The Second Amendment is the one right that is so fundamental that the inability to exercise it, should the need arise, would render all other rights null and void. Dead people have no rights.
                          Magna est veritas et praevalebit

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                          • #14
                            redneckshootist
                            In Memoriam
                            • Mar 2006
                            • 1928

                            Justice Thomas is one of my hero's. I really respect the man, his opinions and views are pretty much the same as mine on pretty much everything not just the 2nd Amendment.
                            07 FFL Woodland, CA
                            please call Norse Armory 530-661-0900 for all questions regarding the gun shop.
                            you can also email me direct at MValentine@norsearmory.net

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                            • #15
                              mag360
                              Calguns Addict
                              • Jun 2009
                              • 5198

                              after reading this I know exactly where Thomas stands on the NFA, GCA 68, and the "hughes amendment". What a boss.
                              just happy to be here. I like talking about better ways to protect ourselves.

                              Shop at AMAZON to help Calguns Foundation

                              CRPA Life Member. Click here to Join.

                              NRA Member JOIN HERE/

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