Comments on: Factcheck: Judge Sotomayor’s Real Record On The Second Amendment

By: Ben Nelson

Ben Nelson — Sun, 07 Jun 2009 13:12:52 +0000

“…Bound by Supreme Court precedent…”

As the court explained in Maloney, only the Supreme Court has the “prerogative of overruling its own decisions.”

So, you truly believe this?…Or would you like to put a caveat in there for applying other aspects of the US Constitution in order to invalidate previous rulings, or to challenge current law– when it comes to expanding social liberties and privacies.

I think in your over-verbose diction exagerratively dedicated toward the preservation of standing precedent, you forget that you also like to see this precise behavior thrown right out the window when it suits ‘progress’-ive judicial rulings.

By: Marshall

Marshall — Sat, 06 Jun 2009 22:07:04 +0000

No, the Bill of Rights has not been fully incorporated. However, all of your examples fall under Amendments which have been incorporated.

By: Alejandro

Alejandro — Sat, 06 Jun 2009 20:15:29 +0000

state laws are not subject to Second Amendment scrutiny.

So there is no incorporation of the Bill of Rights onto the states?

So creationism can be taught in public schools. Roy Moore can go back to decorating courthouses with the Ten Commandments.

Cops can search people as they please. The states can wiretap and eavesdrop all they like.

Trials do not have to be speedy. And if at first the state doesn’t succeed at conviction, they can try and try again.

Either the Bill of Rights apply to the states or they don’t.