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The Second Amendment, the Supreme Court and 2012
Following the Supreme Court’s ruling in McDonald v. Chicago, a landmark decision that determined whether the Second Amendment applies to the individual states, I cautioned gun owners and constitutionalists that the battle is not over and that the opponents of liberty will not abandon their goal of taking away the right to keep and bear arms. Now we have the proof.
Speaking at a fundraiser event for the President, Michelle Obama said, “In just 13 months, we’re going to make a choice that will impact our lives for decades to come…let’s not forget what it meant when my husband appointed those two brilliant Supreme Court justices…let’s not forget the impact their decisions will have on our lives for decades to come.”
Recently, Time magazine asked recently retired Supreme Court justice John Paul Stevens what he would fix about the American judicial system. Stevens' response: "I would make all my dissents into majority opinions.
But then Time asked Stevens to single out one issue in particular, and he said, "I would change the interpretation of the Second Amendment." Referring to the Court's decisions in the Heller and McDonald cases that the Second Amendment protects individuals from federal, state and local infringements on their right to possess and carry arms, he added "The court got that quite wrong."
In his dissent in Heller, Stevens claimed that "there is no indication that the Framers of the [Second] Amendment intended to enshrine the common-law right of self-defense in the Constitution." And in his dissent in McDonald, he claimed that even if one assumed the Fourteenth Amendment protects a general right to self-defense, that didn't mean that a person has a right to have a handgun. As if to suggest some logic to his theory, Stevens said "while some might favor handguns, it is not clear that they are a superior weapon for lawful self-defense."
The next president will likely appoint at least two new justices. A second Obama term will tip the 5-4 balance to the progressive side. Once we get through the Republican primary squabble it is imperative that constitutionalists rally around the nominee if for no other reason than to ensure that supposedly least dangerous branch won’t become the opposite.
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Comment by Winford Nettles on December 20, 2011 at 3:41pm
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Some here on this forum are using the term "progressive" to describe liberal, socialist, Marxist, and communist activist and supporters. I just have to ask them, just what is "progressive" about tearing our great nation down to third world tyranny status? It certainly isn't progress in my book.
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Yes, when we all go to the polls in November, it will be long overdue that we throw the bums out of our Congress and Executive branches of government. We should also be pushing impeachment of some of our run-amok federal judges, as well. It is not until we "clean house" that our nation will not have the stench of corruption purged from the air.
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Comment by T.A. Tate on December 20, 2011 at 2:50pm
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Our 2nd Amendment is the only reason why We are not a completely a socialist/communist country which is what the left wants. They can't get it done because, We have guns--and not affraid to use them to protect and save Our Republic--GOD SAVE AMERICA WITH THE HELP OF ARMED CITZENS. Sincerely, T.A. Tate (standing at the ready locked and loaded) GOD BLESS ALL REAL AMERICANS AND MERRY CHRISTMAS.
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Comment by amanda choate on December 20, 2011 at 11:42am
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Well all of this is fine until it Obama having federal marshalls pick up judges, impeaching other judges and having the First Circuit dismantled. The Executive branch does not possess this authority. Nor should they. Anyone know why there are nine circuits?? It has something to do with the number of justices serving as a Supreme. Each justice determines works with an assigned circuit.
Newt is full of it. I can only imagine that he is purposely driving his campaign into a wall so that he can get back to making $60,000 a night giving speeches and shaking down corporate America for millions in history lessons. Calista likes her Tiffany's collection. Good riddance to the huckster known as Newt.
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Comment by Cord Byrd on December 20, 2011 at 11:22am
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It sounds great in a debate to say, "I will just abolish the 9th Circuit." And yes that is within Congress' constitutional authority. But what happens to the litigants in the 9th circuit who have legitimate cases within that circuit? If you abolish the court without changing the federal law that gives access to that court then you will leave litigants without access to right legal wrongs. Diminish the types of cases and controversies heard by the lower federal courts and you will diminish their power.
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Comment by Dan Parry on December 20, 2011 at 10:48am
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My understanding of what Newt said about the judiciary was NOT what some have inferred, that he could have judges arrested (except for impeachable offenses), but that Congress has the right to create and eliminate judicial jurisdictions. So, I think it would be possible for Congress to abolish the 9th circuit in California, for example. Or the court that judge Berry in Texas, that Newt has referred to specifically.
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I understand and share the frustration with some of the federal judges, however I would caution against what Newt is suggesting regarding the judiciary. First, as flawed as our system is there is no other country in the world that has a better judicial system. Second, when the misnamed Patriot Act was passed I warned that it may be o.k. with a President we trust in office but what happens when a progressive takes office and abuses the enormous power that was given to the executive. I think my fears have been proven warranted. Newt would not be president forever so what argument would we have when a the next Obama wants to do away with the 11th Circuit, the relatively conservative federal circuit that hears cases arising in Florida?
I do not have all the answers to this problem and term limits for federal judges may be a good start. The next step is to divest federal courts the power to hear certain types of cases, this power is express in the Constitution. Returning the authority to hear certain types of cases to the states will make the judges more accountable to the people to which they are the closest.
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YES<YES, We need Bachmann as speaker but, but, we must not loose to Pelosi. Unfortunately John B. is better than nothing. Pelosi is jus one of the three most evil frm. Ca, Boxer, Feinstein and Pelosi promote Sodom and Gomorrah every chance they get. There is a woman here in Ca that may challenge Feinstein 2012, Pray for us tht. she beats Feinstein. I have talked to those three in person and the evil that comes thru is chilling.
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Perry is a Native Son of Texas, Bush was a rockefeller republican, son of a carpetbagger. Against Algore and kerry, I would vote for Bush again. What this really shows is the total lack of quality candidates offered. I wish Trump would enter against obama as a democrat and beat him up to his face, in real competition. I identify more with Perry. Academically, I think Santorum is the most rounded, level headed. I hope Bachmann knocks Boehner out and becomes Speaker of the House.
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Amanda...what Newt said was that judges should be held accountable for their decisions. This has never been done before.....fine.....however, in the world we live in now something has to be done about the 9th Circuit and local judges who should only be interpreting the law...not making law.
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