more gun talk

Spencer- I agree with your assessment.  I was reading the arguments made, and I know, who wants to do that, but I find reading opinions and what not interesting.  Anyway, the arguments being made are not being made under the 14^th amendment- the due process clause.  The argument is about “ordered liberty”, or rather is this a fundamental human right that does not derive it’s authority from the constitution?  Not all amendments in the bill of rights are applicable to the 14^th amendment.  For example, States do not have to adhere to the trial by jury clause.  There are many states that have different standards as far as trials go. Most states do have trial by jury, but they are not required to under the constitution.  Up until the early 1900’s, searches and seizures were only applicable to the Federal Government and Federal law enforcement.  I am a firm believer that the framers of the constitution set it up to limit Federal power, not necessarily state power.

The idea of “ordered liberty” is that there are some rights that are more fundamental than others, and because they are more fundamental than others, they apply to the states without the need for justification under the 14^th amendment.  Reading the arguments, it seems the Court is not too happy with the argument, they would have rather had it argued under due process.

I think they will eventually shoot down the ban, however.  I am looking forward to reading the majority opinion.

 

An interesting observation- each judge seems to be prodding the counsel to argue the way they want it argued.  It’s almost like they are trying to lead the lawyers with stuff lie- “but aren’t you really trying to say…, wouldn’t you agree…”  Just interesting.

 

Some Obamamama news-

I can’t decide whether his administration is suffering from amateur hour at the White House, or rather the arrogance of the Supreme Leader is on display.  My emotional gut feeling is that it is arrogance, but my logical synapses’ are telling me it is Amateur Hour at the White House.

-          The administration telling us not to pay attention to the job numbers coming out, because the snow storm is likely to skew them.

-          State of the Union- “2010 the focus is on jobs!”  January to April 2010- “focus on Health Care!”

-          Robert Gibbs.  Nuff said.

-          Health Care Summit-Obama to Republican congressman who had the 2400 page health care bill “stop with the props.” Yesterday white lab coats behind Obamamama as he discussed healthcare (props, anyone?)

-          Contracts from the “stimulus bill” on green jobs is going to create 3000 new green jobs- in China.

-          2007- reconciliation on major policy allows one party to be totalitarian in nature, it is not what the framers of the constitution had in mind.  2010- use reconciliation to have this large piece of policy legislation passed. (that was Obama, BTW)

You tell me- arrogance that he can say or do anything and no one will either a. notice or b. care? Or is it a complete lack of professionalism and an overwhelming dose of amateur hour- and I mean not only Obama but his staff.

Peace-I’m out