Another case ready for SCOTUS? - The Firearms Forum

armedandsafe · 11-10-2003, 07:02 PM

Reprinted from NewsMax.com

Lying Scholars Fuel Anti-gun Court Verdicts
Richard Poe
Monday, Nov. 10, 2003
David Bach is a warrior. A former Navy SEAL, a Naval Reserve officer and a naval attorney with top-secret clearance, Bach stands at the front lines of the War on Terror. Yet, on Sept. 25, a federal judge forbade him to carry a gun in New York state.
The ruling is part of a growing trend. More and more federal judges today contend that Americans have no – I repeat, no – constitutional right to keep and bear arms.

How did this happen? Simple. Left-wing historians and law professors have been rewriting American history and reinterpreting the Constitution for years. Now their work is bearing fruit. Anti-gun judges parrot the lies their professors told them. With each stroke of their gavels, they infuse those lies with the force of law.

David Bach lives in Virginia Beach but visits his parents in Ulster County, N.Y. Denied a license to pack a side arm during these visits, Bach sued in federal court. "[B]ecause of my occupation within the Department of Defense and Naval Special Warfare, I believe my family and I are at greater risk of being targeted by those seek[ing] to carry out symbolic acts of terror," Bach argued in court papers.

Bach also invoked his Second Amendment right to keep and bear arms.

No such right exists, said U.S. District Judge Norman A. Mordue of Syracuse, N.Y. In his ruling, Judge Mordue wrote, "[T]he court adopts the view that the Second Amendment is not a source of individual rights."

Echoing the lie taught in many law schools today, Mordue argued that the Second Amendment secures only a "collective" right of state National Guard units to bear arms in military service.

Constitutional scholar Stephen Halbrook says that's baloney. Having argued and won three gun cases before the Supreme Court, Halbrook is probably America's leading expert on gun rights. In his book, "That Every Man Be Armed," Halbrook notes that, during the debate over the Bill of Rights in 1789, Tench Coxe - a friend of James Madison – published a defense of the proposed amendments in the Philadelphia Federal Gazette. Coxe wrote that "the people are confirmed ... [by the Second Amendment] in their right to keep and bear their private arms."

James Madison, author of the Bill of Rights, applauded Coxe's article. Upon receiving a copy, Madison thanked his friend for "the cooperation of your pen" in helping to explain the Bill of Rights to the public.

Halbrook writes:

Coxe's defense of the amendments was widely reprinted. A search of the literature of the time reveals that no writer disputed or contradicted Coxe's analysis that what became the Second Amendment protected the right of the people to keep and bear their "private arms." The only dispute was over whether a bill was even necessary to protect such fundamental rights.
Why, then, do so many law professors teach exactly the opposite – that the Second Amendment secures no individual right to keep and bear arms? Simple. Many law professors are leftists who oppose gun rights. Therefore, they lie to their students about the true meaning of the Bill of Rights.

"One will search the 'leading' casebooks in vain for any mention of the Second Amendment," wrote University of Texas law professor Sanford Levinson in the Yale Law Journal in 1989. Levinson accused the "elite bar" of "sheer opposition to the idea of private ownership of guns."

Harvard law professor Laurence Tribe scandalized academia in 1999 when he revised his treatise "American Constitutional Law" – a standard text in law schools since 1978 – and finally acknowledged the obvious; that the Second Amendment secures an individual right to keep and bear arms. "I've gotten an avalanche of angry mail from apparent liberals who said, 'How could you?'" Tribe told USA Today.

Subsequent editions of Tribe's book now carry the correction. But the book misinformed law students for 20 years.

In his ruling against David Bach, Judge Mordue cited United States v. Miller (1939) – a Supreme Court decision which leftists claim overruled individual gun rights. In fact, it does just the opposite.

Not only does United States v. Miller confirm citizen gun rights, but Levinson says it also strongly implies "that the individual citizen has a right to keep and bear bazookas, rocket launchers, and other armaments that are clearly relevant to modern warfare."

It is time to purge what Levinson calls the "elite bar" of liars and ignoramuses. Too many Americans died to give us our Constitution. Will we surrender it now to the whims of leftist judges and law professors?

Richard Poe is a New York-Times best-selling author and cyberjournalist. His last book, "The Seven Myths of Gun Control," is now in paperback and his forthcoming book, "The New Underground: How Conservatives Conquered the Internet," will be available soon.

Visit Richard's Web site at RichardPoe.com. Contact Richard Poe at poe@newsmax.com.

Marlin · 11-10-2003, 08:04 PM

I hope he plans to appeal the District Court decision. Recently the Appellate Court in that Federal District has been a little more conservative in its decisions.

This is, however, a classic example of the gradual and deliberate destruction of the Constitution, not only on the RKBA but particularly the 1st Amendment, as well as elsewhere. It is a desease that, if we don't put a stop to it, will just continue.

We should all support Joseph Farah's drive to impeach the 6 Supremes that have written that we must now begin basing our decisions on foreign court decisions. That is TREASON and a direct violation of the Oath of Office for each Supreme Court Justice.

Shizamus · 11-13-2003, 12:38 PM

Maybe I had too many beers for lunch but
what is SCOTUS ?

But anyway aren't they all the same these scumbags
that dress themselves up in that halloween outfit
called a black robe ? Inside this black robe is
usually a criminal or a terrorist !

But then again we have these spineless jellifish
called citizens that let all this happen thru their
own silence that is deafening!

The great brotherhood:

Go along to get along is their motto !

TREASON is not a new breakfast cereal !

1952Sniper · 11-13-2003, 12:40 PM

SCOTUS = Supreme Court Of The United States.

RobW · 11-13-2003, 01:14 PM

A lot of people were successful in demolishing what once was America.

One day, they will sit on the ruins and ask "how could this happen?"

Marlin · 11-13-2003, 01:39 PM

Unfortunately, Rob, history has a way of repeating itself over and over and.........

Wallace · 11-13-2003, 10:43 PM

Quote:

It is time to purge what Levinson calls the "elite bar" of liars and ignoramuses. Too many Americans died to give us our Constitution. Will we surrender it now to the whims of leftist judges and law professors?

That about says it. I will add there are stupid people doing all sorts of things today, even being judges in charge of protecting our laws.

armedandsafe · 11-14-2003, 01:01 PM

Welcome, Wallace. You certainly didn't goof up on this post. Keep it up.

Pops

11-10-2003, 07:02 PM	#1
armedandsafe Former Guest Join Date: Dec 2002 Location: Moses Lake, WA Posts: 10,344	Another case ready for SCOTUS? Reprinted from NewsMax.com Lying Scholars Fuel Anti-gun Court Verdicts Richard Poe Monday, Nov. 10, 2003 David Bach is a warrior. A former Navy SEAL, a Naval Reserve officer and a naval attorney with top-secret clearance, Bach stands at the front lines of the War on Terror. Yet, on Sept. 25, a federal judge forbade him to carry a gun in New York state. The ruling is part of a growing trend. More and more federal judges today contend that Americans have no – I repeat, no – constitutional right to keep and bear arms. How did this happen? Simple. Left-wing historians and law professors have been rewriting American history and reinterpreting the Constitution for years. Now their work is bearing fruit. Anti-gun judges parrot the lies their professors told them. With each stroke of their gavels, they infuse those lies with the force of law. David Bach lives in Virginia Beach but visits his parents in Ulster County, N.Y. Denied a license to pack a side arm during these visits, Bach sued in federal court. "[B]ecause of my occupation within the Department of Defense and Naval Special Warfare, I believe my family and I are at greater risk of being targeted by those seek[ing] to carry out symbolic acts of terror," Bach argued in court papers. Bach also invoked his Second Amendment right to keep and bear arms. No such right exists, said U.S. District Judge Norman A. Mordue of Syracuse, N.Y. In his ruling, Judge Mordue wrote, "[T]he court adopts the view that the Second Amendment is not a source of individual rights." Echoing the lie taught in many law schools today, Mordue argued that the Second Amendment secures only a "collective" right of state National Guard units to bear arms in military service. Constitutional scholar Stephen Halbrook says that's baloney. Having argued and won three gun cases before the Supreme Court, Halbrook is probably America's leading expert on gun rights. In his book, "That Every Man Be Armed," Halbrook notes that, during the debate over the Bill of Rights in 1789, Tench Coxe - a friend of James Madison – published a defense of the proposed amendments in the Philadelphia Federal Gazette. Coxe wrote that "the people are confirmed ... [by the Second Amendment] in their right to keep and bear their private arms." James Madison, author of the Bill of Rights, applauded Coxe's article. Upon receiving a copy, Madison thanked his friend for "the cooperation of your pen" in helping to explain the Bill of Rights to the public. Halbrook writes: Coxe's defense of the amendments was widely reprinted. A search of the literature of the time reveals that no writer disputed or contradicted Coxe's analysis that what became the Second Amendment protected the right of the people to keep and bear their "private arms." The only dispute was over whether a bill was even necessary to protect such fundamental rights. Why, then, do so many law professors teach exactly the opposite – that the Second Amendment secures no individual right to keep and bear arms? Simple. Many law professors are leftists who oppose gun rights. Therefore, they lie to their students about the true meaning of the Bill of Rights. "One will search the 'leading' casebooks in vain for any mention of the Second Amendment," wrote University of Texas law professor Sanford Levinson in the Yale Law Journal in 1989. Levinson accused the "elite bar" of "sheer opposition to the idea of private ownership of guns." Harvard law professor Laurence Tribe scandalized academia in 1999 when he revised his treatise "American Constitutional Law" – a standard text in law schools since 1978 – and finally acknowledged the obvious; that the Second Amendment secures an individual right to keep and bear arms. "I've gotten an avalanche of angry mail from apparent liberals who said, 'How could you?'" Tribe told USA Today. Subsequent editions of Tribe's book now carry the correction. But the book misinformed law students for 20 years. In his ruling against David Bach, Judge Mordue cited United States v. Miller (1939) – a Supreme Court decision which leftists claim overruled individual gun rights. In fact, it does just the opposite. Not only does United States v. Miller confirm citizen gun rights, but Levinson says it also strongly implies "that the individual citizen has a right to keep and bear bazookas, rocket launchers, and other armaments that are clearly relevant to modern warfare." It is time to purge what Levinson calls the "elite bar" of liars and ignoramuses. Too many Americans died to give us our Constitution. Will we surrender it now to the whims of leftist judges and law professors? Richard Poe is a New York-Times best-selling author and cyberjournalist. His last book, "The Seven Myths of Gun Control," is now in paperback and his forthcoming book, "The New Underground: How Conservatives Conquered the Internet," will be available soon. Visit Richard's Web site at RichardPoe.com. Contact Richard Poe at poe@newsmax.com. -->

11-10-2003, 08:04 PM	#2
Marlin TFF Admin Staff Chief Counselor Join Date: Mar 2003 Location: At SouthernMoss' side forever! Contributor Posts: 13,853	I hope he plans to appeal the District Court decision. Recently the Appellate Court in that Federal District has been a little more conservative in its decisions. This is, however, a classic example of the gradual and deliberate destruction of the Constitution, not only on the RKBA but particularly the 1st Amendment, as well as elsewhere. It is a desease that, if we don't put a stop to it, will just continue. We should all support Joseph Farah's drive to impeach the 6 Supremes that have written that we must now begin basing our decisions on foreign court decisions. That is TREASON and a direct violation of the Oath of Office for each Supreme Court Justice. __________________ *The flag represents a living country and is itself considered a living thing.* *The only criminal class native to the United States is Congress.*

11-13-2003, 12:38 PM	#3
Shizamus Senior Member Join Date: Jun 2001 Location: Vermont Posts: 891	Maybe I had too many beers for lunch but what is SCOTUS ? But anyway aren't they all the same these scumbags that dress themselves up in that halloween outfit called a black robe ? Inside this black robe is usually a criminal or a terrorist ! But then again we have these spineless jellifish called citizens that let all this happen thru their own silence that is deafening! The great brotherhood: Go along to get along is their motto ! TREASON is not a new breakfast cereal ! __________________ “The Matrix is a system, Neo, and that system is our enemy. When you are inside, you look around, what do you see? Businessmen, teachers, lawyers, carpenters, the very minds we are trying to save. Until we do, these people are part of that system and that makes them our enemies. You have to understand that most of these people are not ready to be unplugged and many are so hopelessly dependent on the system, they’ll fight to protect it. “The Matrix is everywhere. It is all around us. Even in this very room. You can see it when you look out your window or when you turn on your television. You can feel it when you go to work, when you go to church, when you pay your taxes. It is the world that has been pulled over your eyes to blind you from the truth.” - Morpheus, in the movie, “The Matrix”

11-13-2003, 01:14 PM	#5
RobW V.I.P. Member Join Date: Mar 2003 Location: Southern Nevada Posts: 115	A lot of people were successful in demolishing what once was America. One day, they will sit on the ruins and ask "how could this happen?" __________________ We learn from our experience that we don't learn from our experience. Last edited by RobW; 11-13-2003 at 01:15 PM..

11-13-2003, 01:39 PM	#6
Marlin TFF Admin Staff Chief Counselor Join Date: Mar 2003 Location: At SouthernMoss' side forever! Contributor Posts: 13,853	Unfortunately, Rob, history has a way of repeating itself over and over and......... __________________ *The flag represents a living country and is itself considered a living thing.* *The only criminal class native to the United States is Congress.*

11-13-2003, 12:40 PM	#4
1952Sniper Advanced Senior Member Join Date: Aug 2002 Location: Texas Posts: 5,138	SCOTUS = Supreme Court Of The United States.

11-14-2003, 01:01 PM	#8
armedandsafe Former Guest Join Date: Dec 2002 Location: Moses Lake, WA Posts: 10,344	Welcome, Wallace. You certainly didn't goof up on this post. Keep it up. Pops