Tag Archives: limitations

Filibuster Changes

I heard about this vote a while back and it will be interesting to see how it plays out.  You hear about this all the time.  The majority party (regardless of whether they are Democrat or Republican) wants to change filibuster rules.

This year the number of bills passed has been the lowest since Congress was formed.  NBC calls it “Do-Nothing” Congress. USA Today describes the 2011-12 period as the “least productive year on record” and 2013 as being on track as the “least productive single year in modern history.”

The question is then, do we need filibuster reform?  The answer is yes.  To what extent?  This is heavily contested.

The Senate approved the most fundamental alteration of its rules by ending the minority’s party ability to filibuster most presidential nominees in response to the partisan gridlock that has plagued Congress.  (NY Times article).

Under the change, the Senate will be able to cut off debate on executive and judicial branch nominees with a simple majority rather than rounding up a supermajority of 60 votes.  This does not apply to all nominees, such as Supreme Court nominees.

via In Landmark Vote, Senate Limits Use of the Filibuster – NYTimes.com.

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Filed under federal, rules

Court upholds Handgun-Sales Age Requirement

This case again shows that regulating firearms is constitutional.

In NRA v. Bureau of Alcohol, Tobacco, Firearms, and Explosives, 11-10959 (5th Cir. Apr. 29, 2013), the court upheld 18 USC 922(b)(1) and (c)(1).  These laws prohibit federally licensed firearms dealers from selling handguns under the age of 21.

The NRA claimed that this federal statute was unconstitutional under the Second Amendment.  The court disagreed.

The Fifth Circuit Court of Appeals explained:

In a critical passafe, moreover, the Court emphasized that the ‘right secured by the Second Amendment is not unlimited.’ [Dist. of Columbia v. Heller, 554 US 570, at 626].  As the [Supreme] Court explained:

From Blackstone through the 19th-century cases, commentators and courts routinely explained that the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose… [N]othing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ills, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.

Id. at 626-27 (emphasis added) (citations omitted).

Thus, the Circuit Court stated that “Congress designed its scheme to solve a particular problem: violent crimes associated with the trafficking of handguns from federal firearms to licensees to young adults.”  The court, further stated that Congress could have sought to prohibit all persons under 21 from possessing handguns or all guns.  Additionally, the court pointed that under the Census, 18-to-20-year-olds accounted for a disproportionately high percentage of arrests for violent crimes” in 2010.

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Filed under civil rights, courts, District Court, legal decision, Privacy Rights