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Janelle's Journal

janelle
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06/26/2008 14:55 #44792

My Supreme Court Hobby
I look forward to the two times of the year when the Supreme Court reads its decisions.

After taking an intense graduate level class in Criminal Justice and Law in which I plowed through several Supreme Court decisions and wrote several papers, I have an appreciation for and understanding of how decisions are made to a small extent. And because I've read a number of cases, I am sometimes familiar with the prececdents preceding a current case. It really is a fun hobby.

I am currently reading through the majority opinion of the court on the DC handgun case. I'm fascinated to read that, to date, Supreme Court cases have addressed the right to bear weapons in terms of the types of weapons (i.e. restrictions on assault rifles) and the types of persons (i.e. offenders). But this case explores whether the constitution intended for the right to bear arms to be a collective right (i.e. a militia) or individuals (Joe Schmoe down the street owning it for self defense). The decision to go down in history is that the constitution provides this right to the individuals.

I've only begun to dig in, but so far the majority opinion seems dead on, but I'm sure once I read the minority opinion, it will give me something to chew over.

So far, I am pleased that Scalia made clear that the right of the individual to bear weapons does not negate the laws that exist to regulate the types of weapons and who possesses those weapons (i.e. it's perfectly reasonable to make illegal the possession of nuclear weapons by the dude who has spent time in a psych hospital - my example, not Scalia's, lol).

I have a few more thoughts on the topic, but I want to finish reading the decision. Here's the link if you want to join me.


tinypliny - 06/29/08 02:31
An extremely interesting epidemiological perspective amidst all this legalese:
:::link:::
janelle - 06/27/08 10:12
Jason, Scalia makes really clear that regulations are entirely reasonable. The line he uses is whether or not it is reasonable to own a particular weapon for self defense. So it would be reasonable to regulate a weapon that is incredibly powerful and would far exceed the need for self defense. For example, a handgun would do the job whereas a fully automatic would be a bit excessive. However, that regulation, I assume, is up to state legislators.

I have a feeling that we're going to see one or two more cases that will define the types of weaponry that can be banned or regulated. Already the NRA is planning on challenging other city's ordinances that they find similar to DC's hand gun laws.
jason - 06/26/08 21:49
Nope, I stand corrected, I'm not 100% sure on the details but I'm told you CAN buy a fully automatic in the US, but the distribution of licenses is limited, and they are fairly expensive.
jason - 06/26/08 20:54
I believe the line is drawn at military hardware. For example, I don't think you are allowed to have a fully automatic M4, but you can buy a semi automatic AR-15.

I was surprised at how inexpensive it is to buy a semi automatic rifle. I could be wrong on this, but the DC ban was on handguns. I'm sure an AR-15 would make any intruder poop.

I haven't read the opinions yet, but I wonder how it could have been close. I believe in the 2nd Amendment, but also responsible regulation.
jim - 06/26/08 19:31
Sorry for the jokes. :)
jim - 06/26/08 19:30
But, what about my right to keep armed bears?
janelle - 06/26/08 18:38
While I find gun ownership to be constitutional, e-Drew and I don't care for guns. You won't find one in our house, even though I grew up with guns in the house.
janelle - 06/26/08 18:36
I'm not sure how you find the definition of "arms" to be circular, Ajay. I'll have to go back and reread, I guess

And I don't understand what you mean when you say it doesn't cover machine-guns, guns with silencers, etc...

The main point of argument seems to be whether or not the individual or the collective has the rights to bear arms.

Other cases have already defined the right to bear certain types of arms.
jim - 06/26/08 18:21
I call shotgun!
ajay - 06/26/08 17:41
While I agree with the decisions, I find it interesting that "arms" is defined in a circular way. Why doesn't it cover machine-guns, gins with silencers, etc.?

Again: I'm not against gun ownership (and am looking forward to getting a couple of sweet pieces myself real soon), but I wonder where the line needs to be drawn...
joshua - 06/26/08 16:23
Incidentally, I also agree with the other SCOTUS decision this week regarding capital punishment for people who did not kill somebody. The majority (5-4 again!) struck down death sentences for people on death row who didn't actually kill anybody. They suggest the punishment is disproportionate... I agree, but only barely. Should a child rapist be given the same sentence as a serial killer? Apparently Obama is more hardline than I am on this one!
joshua - 06/26/08 16:21
It is a LONG opinion... I don't have time to read it while I work. :( Overall though, I think the majority were correct in this case, particularly with the point Scalia made that you've highlighted.

The opinions are interesting insofar as they provide a window into the process SCOTUS undertakes - thats the big thing for me anyway. It is nice to learn about how these guys and gals formulate their final thoughts.

06/16/2008 22:35 #44683

How far will we go to save money ....
on gasoline?

We rode our bikes home tonight from Pearl St. Brewery three miles in the rain!

Apparently, these are the memories that will make life seem so precious when we're old.
metalpeter - 06/17/08 18:22
It was nice to see you two come out. When you two left I didn't know it was raining. That being said when you ride your bikes to save money understand that it takes more time and time is money in a lot of cases. So I say start riding your bikes for the exercise and to help the planet if you think of it that way also you might never drive again, well or at least not as much. If more people acted as you two did then when the demand for oil drops then so will the price.
james - 06/17/08 11:06
Oh god, and it was not a gentle rain either.
ladycroft - 06/17/08 08:05
I'm glad you did come out, it was nice to see you again!

06/14/2008 11:47 #44647

Race for the Cure
I ran the 5k Race for the Cure today.

It was a great experience. My friend and I did this couch to 5k plan to work up to it over a two month period and we succeeded so I'm feeling pretty good about myself. And at the very end we got to reward ourself with lots of free goodies including a free hot sausage and all the BEER we could stand in line and wait for. Felt a little goofy drinking beer at 11am, but it tasted SO GOOD.

It was a moving experience too. When you see all the people running or walking with pink signs pinned on in memory of/in celebration of people who succumbed to/survived breast cancer, it really hits you how many people are affected. I saw one young boy, couldn't have been over 18 who ran in memory of his mother. That's too young to lose your mom.

It was a good enough time that I would be willing to put together an estrip team for the race next year!
james - 06/14/08 23:51
I hate running so much. But I have been forcing myself over the last few months. Any running event you want company for let me know and you can give me a little motivation. ^_^
tinypliny - 06/14/08 12:14
I would like to run around 4 blocks without my lungs exploding...

06/08/2008 13:59 #44587

Live Art
We went to an exhibit at the art gallery where students picked a piece of art work and recreated it with a backdrop and played the parts of the people in the painting. Really cool.


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metalpeter - 06/08/08 15:31
Great pictures thanks for sharing them. I read about that in the Paper today and it sounded really cool, wish I remember it.

06/06/2008 11:25 #44565

Buffalo PS Update #2
Okay, so I spoke with my friend. She is standing by her story that she needs to ask to take home a social studies textbook and a science textbook.

I tried a couple of different times to get hold of the principal. When I speak to the receptionist because the principal is still out of her office, she says the principal didn't call me back because I "refused to identify who I was". Bit my tongue and told her that I had left my name and my number and gave the receptionist a run down on why I was calling. So finally, the principal calls back.

They story changes a little bit because I originally said my friend was in 8th grade and actually she's in 7th. When you're in 7th grade you DON'T get two science textbooks. But my friend doesn't need permission to take the books for science or for social studies. She can just grab a book from the shelf. Both teachers claim that they don't require the students to ask permission and both teachers have been instructed by the principal to tell my friend that she can take a textbook home whenever she needs it without asking for permission.

She can go to summer school, but only for two subjects. However, my friend has already made plans for a week long mission trip and a wedding for her cousin. She can only miss three days of summer school and then she'll be dismissed. I'm a little upset by that because my friend tried to advocate for herself to get into summer school and when she she was told no, she made new plans. But, rules are rules and it's hard for schools to make exceptions for each individual student's situation, so she'll have to make a choice. I'm pretty sure that she'll pick summer school, but we'll see. I have to call the principal back around the 16th of June to make summer school arrangements...this time I'll leave a bio about myself so no one accuses me of refusing to identify myself....lol. Man, it's no fun to deal with a surly receptionist before your first cup of coffee.