wish secretary-nominee rice had a law degree; although this topic wasn't explicitly included in senator specter's 'promise-letter.'
 
----- Original Message -----
From: rufx2
Sent: Monday, November 15, 2004
Subject: bork & 2d amend

Slouching towards Gomorrah, 1996
 
After stating that, "The real argument against severe gun control is one of policy, not constitutionality," and "Gun control shifts the equation in favor of the criminal. Gun control proposals are nothing more than a modern liberal suggestion that government, which is unable to protect its citizens, make sure those citizens cannot defend themselves,"
in a footnote on page 166, Judge Bork writes that "the Supreme Court has consistently ruled that there is no individual right to own a firearm. The Second Amendment was designed to allow states to defend themselves against a possibly tyrannical national government. Now that the federal government has stealth bombers and nuclear weapons, it is hard to imagine what people would need to keep in the garage to serve that purpose.''
 
 
************************
 
 "Well, it's a little ambiguous.  It sounds in the first part as
if it's, like, a right to join the militia, have a militia.  And it
sounds, in the second part, like an individual right to bear arms. 
...I've always viewed it as a militia amendment, but there is an
argument about that.  I have to admit, it's not entirely clear... 
I don't know what-- today, I don't know how you would solve the
question of what arms you're entitled to bear.  Now that the Feds
have nuclear weapons and stealth bombers, I don't know what it is
you have to keep in the garage to fight them off."
--Robert Bork, on CNN's_Larry King Live,_July 21, 1994
 
**************************
 
"[The Second Amendment's] intent was to guarantee the right of states to form militia, not for individuals to bear arms." [Robert Bork, quoted in "Bork Says State Gun Laws Constitutional," Los Angeles Times, March 15, 1989, Part 2 pg 5]
 
********************************
"[The] National Rifle Association is always arguing that the Second Amendment determines the right to bear arms.  But I think it really is the people's right to bear arms in a militia.  The NRA thinks it protects their right to have Teflon-coated bullets.  But that's not the original understanding.  -Robert H. Bork, former Federal Appeals Court Judge (Distinguished Lecture Series, UC Irvine, 3/14/89; source: HandgunFree.org)

********************************
 
[I]t is naive to suppose that the [Supreme] Court's present difficulties could be cured by appointing Justices determined to give the Constitution its true meaning," to work at "finding the law" instead of reforming society. The possibility implied by these comforting phrases does not exist.... History can be of considerable help, but it tells us much too little about the specific intentions of the men who framed, adopted and ratified the great clauses. The record is incomplete, the men involved often had vague or even conflicting intentions, and no one foresaw, or could have foreseen, the disputes that changing social conditions and outlooks would bring before the Court.
Robert Bork, Fortune, December 1968 p.140-1.
 
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senator specter voted against ccw and in favor of gunshow 'loophole' closure.
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Date: Thu, 18 Nov 2004 23:14:44 -0600
From: "Joseph E. Olson" <[EMAIL PROTECTED]>
Subject: Dr. Condi Rice is a "Second Amendment absolutist."
To: <[EMAIL PROTECTED]>
Message-ID: <[EMAIL PROTECTED]>
Content-Type: text/plain; charset="us-ascii"

Eat your heart out, U.N.
 
[2004]
http://www.montgomeryadvertiser.com/NEWSV5/storyV5RICE1117W.htm
During the bombings of the summer of 1963, her father and other
neighborhood men guarded the streets at night to keep white vigilantes
at bay. Rice said her staunch defense of gun rights comes from those
days. She has argued that if the guns her father and neighbors carried
had been registered, they could have been confiscated by the
authorities, leaving the black community defenseless.

 
[2000] http://www.jewishworldreview.com/cols/will080700.asp
A PLEASANTLY meandering conversation over lunch in San Francisco last
summer, Condoleezza Rice, then still provost of Stanford but already
unofficially what she now is officially, George W. Bush's senior foreign
policy adviser, was asked her thoughts about gun control. "I am," she
answered crisply, "a Second Amendment absolutist." Growing up in
Birmingham, Ala., in the early 1960s, when racial tensions rose, there
were, she said, occasions when the black community had to exercise its
right to bear arms in self-defense, becoming, if you will, a
well-regulated militia.
 
******************************************
Professor Joseph Olson; J.D., LL.M.  
Hamline University School of Law
St. Paul, Minnesota   55104-1284
tel.    (651) 523-2142
fax.   (651) 523-2236
<[EMAIL PROTECTED]>
 
 
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