What if SC Ruled 2A Collective?

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Hazwaste

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I just finished reading an article from an NRA rep about how we can not afford to have Kerry as President, as he could name 4 new Supreme Court justices within his term. This got me to thinking, some of us spend a lot of time talking politics and "what if", but a lot of us don't think about contingency plans.

So let's imagine President John Kerry; a very real possibility, or even another liberal President in the future. Let's imagine enough Democrats and RINOs in the Senate to confirm any Kerry nominations for the SC (not too hard to imagine!). And let's imagine that the SC rules on a future 2A case that the 2A does not affirm the right of individuals to keep and bear firearms. Again, we've been let down by the courts more often than not.

What do we do then?

Of course, the iterations of short-term possibilities are endless. There will be some that decide an America without liberty is not worth living in, and decide to take a few of the thugs down with them. There will be those who meekly turn in their arms. There will be those who discover that their arms were stolen or sold many months ago (oops, how did that happen?).

I submit, however, that many of us will remain the political animals that we are, and that we will work through existing political systems to fix the problem.

The backlash from such an SC ruling could have an effect similar to the '94 AWB on the '94 Congressional elections. In other words, Kerry or another liberal president could end up with an overwhelmingly Republican House and Senate due to a motivated and mobilized (former) gun-owning electorate.

So to make a long post even longer, what do you think the probability would be for a NEW "2nd" Amendment, which clearly affirms the right of the individual to keep and bear arms, to make it through the process and onto the end of our Constitution after such a ruling occurred?

I know that this requires some serious psychic skills. I'm just throwing out the idea to have some fun.
 
So, what does it take to overturn a SCOTUS decision? Wait a generation for enough to be replaced and try again? Or is there a legislative route? (Good luck!)

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It would hurt.

BUT: remember the gays lost a big case 14 years ago, and then overturned it last year.

A bigger problem would be the effect on legislative efforts of both a 2A loss AND a Kerry win for the Presidency.

We *have* been winning legislative battles at the state level. Shall-issue CCW (and Alaska's "Vermont conversion") are obvious results but we've also gotten gun manufacturer liability wins in a lot of states and wins on other issues.

We've now got so many shall-issue states that it won't be possible to roll those back, and we'll eventually win in the rest.

Long term, folks, we're on our way to winning...but a win by Kerry or a loss at the USSC will slow things down.

A lot.
 
next election

If that ever happened, what makes you think there would ever be (soon anyway) another election to vote in that overwhelmingly pro-gun congress?

1933 was the last free election in Germany until the end of WW2.

It can happen here.
C-
 
The legislative route would be a Constitutional Amendment which clarifies the issue; possibly one which eliminates the prefatory clause about the militia.

But I don't see the Court making this call, for three reasons. First, the Miller case of 1939 was pretty clear that the issue involved was the firearm, not Miller's membership in a militia/military unit. Second, the research in the 5th Circuit and the original Texas District Court decision is backed up by a 1982 Senate Judiciary Subcommittee report which unequivicably declares an individual RKBA. Third, I don't believe that Rehnquist or O'Connor would voluntarily retire with Kerry in office. If Stevens and/or Ginsberg retire, we've lost nothing. We can hardly expect their replacements to be any worse.
 
Also note that many states have a "keep and bear arms" clause in their constitutions - not sure how much that would help gun owners.

Supreme Court justices are people. They eat, sleep, and go to work. With enough popular pressure from the citizens of the country, they can change their views - no one lives in a vacuum, after all.
 
If that ever happened, what makes you think there would ever be (soon anyway) another election to vote in that overwhelmingly pro-gun congress?

I'm not sure I understand. Are you saying that if Kerry is elected then future elections will be suspended? :confused:
 
What he's trying to get at is if someone as power hungry as Kerry is elected, and the USSC declares the 2a to not apply to individuals it wouldn't be much of a shock to see him hold that power at all costs.
 
If it went that far....

The very last chance before the shooting started would be an all out, no holds barred Constitutional Convention, called by the People In Assembly.

God help us.
 
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