Tuesday
Mar022010
Supreme Court Likely To Strike Down Some Gun Laws, But How Many?
Even liberal Justices seemed to agree in today's Supreme Court oral arguments that the Second Amendment must prevent cities and states from passing certain gun regulations. The Supreme Court in 2008 ruled that the Second Amendment protects an individual's right to bear firearms, but that ruling applied to only the federal government, and today's case, McDonald v. Chicago, raised the question of whether states as well are prevented from restricting access to guns.
The 2008 case of DC v. Heller held, in a controversial 5-4 decision, that the Second Amendment to the Constitution protects not only the right of the citizens in a militia to own guns, but also the fundamental right of individual citizens to own guns. If such a right is fundamental, liberal Justices asked today, is there any way the Court can consistently say that states are allowed to infringe upon that right?
Alan Gura, the lawyer for Otis McDonald, began today's session by arguing that the Supreme Court should toss out an interpretation of the Fourteenth Amendment dating back to 1873, and should instead adopt a new justification for recognizing civil rights. But Justice Antonin Scalia admitted that even though he disagrees with the current interpretation, "even I have acquiesced in it." Scalia went further, dismissing Gura's theory as the "darling of the professoriate," since a number of high-profile law professors filed briefs urging support for Gura's side. Still, Scalia did seem to strongly favor the application of the Second Amendment to the states, arguing that the Court has found that the Constitution prevents states from outlawing "homosexual conduct and … abortion on demand," so the same logic must apply to gun rights.
Justice Ruth Bader Ginsburg asked pointed questions of Gura, saying that at the time of the ratification of the Fourteenth Amendment, there were still many Americans who were denied fundamental rights, and not just in the southern states. Gura, confused, responded, "I'm sorry?" Ginsburg then explained that she was referring to married women, who at the time did not have the right to enter into contracts. If the Fourteenth Amendment was meant to ensure no American was denied these fundamental rights, she asked, why were women excluded?
There was some agreement among the Justices, though. Justices John Roberts, John Paul Stevens, Anthony Kennedy, and Stephen Breyer all seemed to be looking for a way for the Court to rule narrowly and say that the Second Amendment applies to states, but not get into the details of what that meant. Though Justice Scalia seemed to argue in favor of strong gun rights, his opinion in DC v. Heller followed this model, finding that the Second Amendment protected an individual right but declining to say how extensive that right is. That kind of minimalist decision, one favored by Chief Justice Roberts in other cases, may carry the day when the case is decided this summer.
The 2008 case of DC v. Heller held, in a controversial 5-4 decision, that the Second Amendment to the Constitution protects not only the right of the citizens in a militia to own guns, but also the fundamental right of individual citizens to own guns. If such a right is fundamental, liberal Justices asked today, is there any way the Court can consistently say that states are allowed to infringe upon that right?
Alan Gura, the lawyer for Otis McDonald, began today's session by arguing that the Supreme Court should toss out an interpretation of the Fourteenth Amendment dating back to 1873, and should instead adopt a new justification for recognizing civil rights. But Justice Antonin Scalia admitted that even though he disagrees with the current interpretation, "even I have acquiesced in it." Scalia went further, dismissing Gura's theory as the "darling of the professoriate," since a number of high-profile law professors filed briefs urging support for Gura's side. Still, Scalia did seem to strongly favor the application of the Second Amendment to the states, arguing that the Court has found that the Constitution prevents states from outlawing "homosexual conduct and … abortion on demand," so the same logic must apply to gun rights.
Justice Ruth Bader Ginsburg asked pointed questions of Gura, saying that at the time of the ratification of the Fourteenth Amendment, there were still many Americans who were denied fundamental rights, and not just in the southern states. Gura, confused, responded, "I'm sorry?" Ginsburg then explained that she was referring to married women, who at the time did not have the right to enter into contracts. If the Fourteenth Amendment was meant to ensure no American was denied these fundamental rights, she asked, why were women excluded?
There was some agreement among the Justices, though. Justices John Roberts, John Paul Stevens, Anthony Kennedy, and Stephen Breyer all seemed to be looking for a way for the Court to rule narrowly and say that the Second Amendment applies to states, but not get into the details of what that meant. Though Justice Scalia seemed to argue in favor of strong gun rights, his opinion in DC v. Heller followed this model, finding that the Second Amendment protected an individual right but declining to say how extensive that right is. That kind of minimalist decision, one favored by Chief Justice Roberts in other cases, may carry the day when the case is decided this summer.
OPINION: Sharron Angle Supports The Bill Of Rights...On Her Terms
Sharron Angle is a big fan of bits of the Bill of Rights. Her way. In answers to a questionnaire submitted to the Washington-based political committee Government is Not God, Nevada Republican senatorial candidate Angle says members of the clergy should be allowed to endorse political candidates from the pulpit.
So? Churches are banned by the federal government from participating in political campaigns on behalf of candidates. Presumably, this pesky ban would be overturned, First Amendment notwithstanding, if she wins.
Perhaps she could enlist her not so secret weapon if she encounters reluctance from fellow senators. “You know, if this Congress keeps going the way it is, people are really looking toward those Second Amendment remedies.”
Sharron Angle advocated “Second Amendment remedies” at least three times, each time suggesting something slightly different: protection against a tyrannical government and having a revolution; fighting “for liberty” if conservatives lose at the ballot box; to turn the country around if Congress keeps going the way it is (“The first thing we need to do is take Harry Reid out”).
She never really walked back those statements.
Sharron Angle’s pro poodle press. It can be free, but on her leash. Having run - literally - from the media during much of her campaign, she’s made a few astonishing statements recently, which shed light on her actions. Basically, she wants her own Home Shopping Network.
“We wanted [journalists] to ask the questions we want to answer so that they report the news the way we want it to be reported,” Angle said to Fox News’ Carl Cameron. Can we pause for a minute to gasp? OK, on we go.
“And when I get on a show and I say send me money to SharronAngle.com, so that your listeners will know that if they want to support me they need to go to SharronAngle.com.” (Just to be contrary, I’ll balance things out and point you to www.therealsharronangle.com.) Wait, there’s more, and it’s worse.
“I’m not going to earn anything from people who are there to badger me and use my words to batter me with,” Angle said to CBN’s David Brody. At least she’s not alleging the media are making stuff up.
Is Sharron Angle’s understanding of the First Amendment a press that is her friend, that contributes to her web site, and reports the news the way the wants it to be reported? Is she that naive? Or is she that cynical and manipulative?
It’s interesting that Government is Not God has endorsed Sharron Angle. It believes that “government should not play God”. While Angle calls for the abolition of the Department of Education and for Social Security to be “transitioned out” (a position she denies), she also wants government to restrict the production and sale of pornography (which means government has to enforce it) and has previously called for prohibition, which would call for massive government enforcement. Quite a lot of work for the federal government,
Sharron Angle said in an interview with TruNews Christian Radio’s Rick Wile on April 21: “What’s happening in this country is a violation of the First Commandment. We have become a country entrenched in idolatry, and that idolatry is the dependency upon our government. We’re supposed to depend upon God for our protection and our provision and for our daily bread, not for our government.”
This is just fascinating. SharronAngle.com says Sharron Angle is a staunch supporter of the U.S. military. If we’re relying upon God for our protection, why do we need it? Where is God sending our provision and daily bread from? Is it loaves and fishes, or a nationwide reliance on charity?
Angle’s making God the government.
She said in the same interview that she knew all along when she started praying a year ago over it. It seemed to be the battle that she needed to go to war with. “And I need warriors to stand beside me. You know, this is a war of ideology, a war of thoughts and of faith.”
Angle’s on a Crusade.
For those who oppose her, and don’t want to resort to Second Amendment remedies, there’s still freedom of speech, the right to peaceably assemble, and, if all else fails, to petition the Government for a redress of grievances.
Victoria Jones is a White House Correspondent for the Talk Radio News Service