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City Council votes to challenge 2nd Amendment

by Steve Vicente, published on December 15, 2009 at 8:28 PM

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Today, December 15th, is Bill of Rights Day. These 10 amendments to the Constitution protect our most basic rights, including: freedom of speech, religion, the right to bear arms, and have a fair trial. Ironically, in this evening's Sacramento City Council meeting our representatives voted to support Chicago in a Supreme Court Case (McDonald v. Chicago) which would allow cities to ignore the 2nd Amendment.

The 2nd Amendment reads:
"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 City Council Proposal
"Discuss and consider whether to authorize the City Attorney's Office to take the necessary steps to have the City of Sacramento join as amicus curiae with various cities in McDonald v. Chicago, United States Supreme Court Case no. 08-1521, in support of the position that the Second Amendment to the United States Constitution does not apply to the States and local governments. Contact: Eileen Teichert, City Attorney, (916) 808-5346, Office of the City Attorney."

This proposal was brought forward at the request of Kevin McCarty. After he introduced the item, councilmember Robbie Waters made a statement strongly opposing the proposal. There were three public speakers from the community, all opposing the proposal. After the public comments, Steve Cohn made comments supporting it. It then passed with a majority vote.

After 12/16, you can watch archived video of this decision here: 12/15, agenda item #28.
 

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December 16, 2009 | 5:02 AM
Unbelievable, ain't it?
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edited on  December 16, 2009 | 6:26 AM
Is there an amicus in the works from "various cities" that Sacramento can join? There certainly isn't one already filed they can join which makes me ask, where will this forthcoming one be filed? The deadline for filing amicus briefs with the Court was November 23rd. There was only one motion requesting permission to file late filed on the 23rd; that was from the "American Legislative Exchange Council." Doesn't sound like something "various" City Attorneys would name themselves . . .

The Supreme Court docket listing all filings and motions is:
http://origin.www.supremecourtus.gov/docket/08-1521.htm

There are over 30 amicus filed in support of McDonald including one from 39 State's AG's (INCLUDING CALIFORNIA) and one from 58 US Senators and 251 US Representatives. There are -NO- amicus in support of Chicago. The Brady Campaign did not file in support of Chicago; their amicus was filed "in support of neither party" (but arguing against incorporation of course).

The NAACP also filed "in support of neither party" and against incorporation which strikes me as quite peculiar . . . A Black civil rights organization arguing against enforcing the 14th Amendment as intended? Strange indeed what blind adherence to a political agenda will make you do . . .

Oral argument before SCOTUS is scheduled for March 2, 2010.

All the case filings can be read at:
http://www.scotuswiki.com/index.php?title=McDonald_v._City_of_Chicago
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December 16, 2009 | 10:57 AM
I was very disappointed in the councils decision last night . I am sure we have better things to be focused on.. maybe a guns for toys/or cash drive..?
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December 16, 2009 | 11:14 AM
I think the stupidity shown by our hired hands is deplorable! Yes, the elected officials in our government are not our bosses. we are their bosses. we hire them by ballot to do our will and they do not. They lie to us, steal from us, and do that which is not in our best interest. If you lied to your boss, stole from your boss and did that which was not in your bosses best interest, how long would you keep your job and how long would you stay out of jail? Our hired hands are guilty of treason. To fail to do what the Constitution mandates is high treason and punishable by death. We have a president right now that is not qualified to be so. We have a Congress that will not correct this situation. They are all committing high treason and your elected officials from Kalifornia are at the head of these treasonous activities. Death to Tyrants and Would be Tyrants. That is what the second amendment is all about. We have only 4 entitlements outlined in the constitution and they are both God and nature laws. Life(from conception until accident or nature ends it, you forfiet it by deepriving others of that entitlement), Liberty (the right to go where you will, do what you will, say what you will so long as you do not infringe on anothers entitlements), The pursuit of happiness (to dream and attempt to live that dream so long as it does not infringe on others rights), and the right to protect yourself, your loved ones, your property, others around you who cannot protect themselves or to aid others in their own acts of protecting themselves and etc; even against your own government. This last is supported by ALL the writings in letters and otherwise by the framers of the greatest document by man in the history of mankind, THE CONSTITUTION OF THE UNITED STATES OF AMERICA. It is time we changed out ALL of our elected officials in all of our various governments in the United States and her possessions. Thank you! This given with love by an old sheepdog, son of sheepdogs and father of sheepdogs. (google-On Sheep, Wolves, and Sheep Dogs by David Grossman for understanding)
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December 16, 2009 | 6:16 PM
Update:

I saw on the meeting minutes that KJ also voted "NO", in addition to Robbie Waters.
Good for him... he earned some points back in my book.
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December 18, 2009 | 7:51 AM
What makes everyone think that Sacramento is any differant that the rest of Calif. Nothing but a bunch of BED wetting libural. They could care lest about you, me or the Constitution. Its all about them.
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December 25, 2009 | 8:22 AM
One of the reasons I escaped from California was their continued attacks on the rights of it's citizens and the governments pro-criminal attitide. When legislators pass bills that violate citizens constitutional rights under color of "public safety" and the socialistic courts uphold those laws it is time to replace these "public servants" with those that will act in the interests of the people. If the city files this brief and the city of Chicago should prevail, though highly unlikely,you can bet your bippy that Sacramento will become another criminal oasis because the city will disarm the population and render them defensless.
Sadly, the electorate does not seem to have the backbone to replace the incumbents and return city government to the principles of the constitutional republic our country was founded upon.
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January 27, 2010 | 2:44 PM
Ive also lived in Southern California for about 24 years and I'm 24 so my entire life I guess. Often Ive felt the same way as Floyd. I'm a regular listener to John and Ken, who mainly complain about illegal immigration and government waste. As far as the incorporation of the 2nd amendment is concerned I'm not sure why it's so controversial, it's already in 44 of the state constitutions! That means this decision is really only about 6 states California being one of them Illinois might be another but I'm not sure. However the point being that the leftest in Sacramento don't want a right to bear arms in the Constitution for whatever reason although I wish it was in our own State Constitution. Ive been hopeing someone would start a petition to get it put on the Ballot like the amendment against so called "gay marriage" whatever that is.
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