2nd Amendment Upheld By Slim 5-4 Vote
In a 5-4 ruling, the Supreme Court of the United States (SCOTUS) rules that the District of Columbia gun ban was unconstitutional. Justice Scalia’s brilliantly written majority opinion can be read here as are the dissenting opinions (which, in my humble opinion, contain several errors in logic and reasoning and also completely ignore what the founding fathers actually wrote and said concerning the citizen’s right to keep and bear arms). As expected, the usual liberal suspects are whining that it’s “dangerous” for the average citizen to have the right to keep and bear arms. Scary thing is that 4 radical liberal judges are of the opinion that the 2nd amendment needs to be changed so U.S. citizens would be unable to keep and bear arms. Now if the SCOTUS can use a single letter from Thomas Jefferson referencing separating church & state as the major basis for banning prayer in school and other anti-religious rulings, why can’t they be consistent and take widely published materials by founding fathers and supported by subsequent U.S. Presidents, Congresscritters and even federal judges as the basis for gun rulings like this one? To whit:
The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.
— Thomas Jefferson
As civil rulers, not having their duty to the people duly before them, may attempt to tyrannize, and as the military forces which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow citizens, the people are confirmed by the next article [the Second Amendment] in their right to keep and bear their private arms.
— Trence Coxe in “Remarks on the First Part of the Amendments to the Federal Constitution”, under the pseudonym “A Pennsylvanian” in the Philadelphia Federal Gazette, 18 June 1789
The prohibition is general. No clause in the Constitution could by a rule of construction be conceived to give to Congress a power to disarm the people. Such a flagitious attempt could only be made under some general pretense by a state legislature. But if in blind pursuit of inordinate power, either should attempt it, this amendment may be appealed to as a restraint on both.
— William Rawle, View of the Constitution (1825)
Guard with jealous attention the public liberty. Suspect everyone who approaches the jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined.
— Patrick Henry
Laws that forbid the carrying of arms disarm only those who are neither inclined nor determined to commit crimes. Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage then to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.
— Thomas Jefferson, quoting 18th century criminologist Cesare Beccaria in “On Crimes and Punishment”, 1764
Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom of Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of people are armed, and constitute a force superior to any body of regular troops that can be, on any pretense, raised in the United States.
— Noah Webster, An Examination into the Leading Principals of the Federal Constitution, 1787
No freeman shall ever be debarred the use of arms.
— Thomas Jefferson, proposal Virginia Constitution, June 1776, 1 T. Jefferson Papers, 334
Congress shall never disarm any citizen, unles such as are or have been in actual rebellion.
— Samual Adams, Proposal for the Constitution on behalf of New Hampshire
The Constitution preserves the advantage of being armed which Americans possess over the people of almost every other nation where the governments are afraid to trust the people with arms.
— James Madison, The Federalist No. 46
Arms in the hands of citizens (may) be used at individual discression… in private self-defense…
— John Adams, A Defense of the Constitutions of the Governments of the UAS, 471 (1788)
How freakin’ clearer can it be?
ADDENDUM: Heard Barack Obama speaking about the 2nd amendment today. Currently he’s FOR gun rights but upon hearing some quotes made by Obama from the past, it becomes apparent that he was AGAINST gun rights back then. Did he get tutored in flip-flopping by John Kerry? I wonder since he’s been flip-flopping so much recently.
Trackposted to Outside the Beltway, Perri Nelson’s Website, Rosemary’s Thoughts, Right Truth, Shadowscope, The Amboy Times, Cao’s Blog, Democrat=Socialist, Conservative Cat, Allie is Wired, Faultline USA, third world county, The Pink Flamingo, A Newt One, and Right Voices. Also, thanks to Linkfest Haven Deluxe.
June 26th, 2008 at 6:28 pm
I don’t think it can be any clearer. Perhaps this is why the mayor of Chicago is being as defiant as he is in the face of this ruling. Politicians KNOW that an armed citizenry might one day rise up against a tyrannical government. That’s why they are fearful of the interpretation of the second amendment as protecting an “individual’s” right to keep and bear arms.
Thanks for the link to the actual opinion. That wasn’t available this morning when I read about the decision.
June 26th, 2008 at 8:21 pm
law abiding gun owner…
In celebration of the recent Heller decision, I performed one of my many duties as a law abiding gun owner and procured another method for safely storing my rifle and pistol. This is not to say I did not have……
June 26th, 2008 at 8:44 pm
The right of the people…
Think about it folks. Elections matter. This ruling came down to the vote of one man. One man decided that I can keep my guns. One man struck down Washington D.C.’s gun ban. This time he sided with the plain meaning of the words of the Constitution, a…
June 27th, 2008 at 12:27 am
A Posthumous Victory…
Podcast Show Notes
Charlton Heston fought long for freedom. Without his work at the NRA, we wouldn’t have justices Alito and Roberts. Today victory was won.
Plus the post-partisan candidate plans a partisan coup, while offering Americans a plan t…
June 27th, 2008 at 3:02 am
Carl, Carl, Carl…
That term…. “Flip Flopping”… it’s so 2004.
Don’t you know that Obama is the candidate of “CHANGE”. CHANGE my position here, CHANGE my position there. CHANGE my position so that it appeals to whichever group I am speaking to. CHANGE my position for political expediency.
Yep… that’s the kind of CHANGE Obama brings to politics.
June 27th, 2008 at 8:47 am
[...] to Outside the Beltway, Perri Nelson’s Website, Rosemary’s Thoughts, Allie is Wired, The World According to Carl, The Pink Flamingo, Cao’s Blog, Democrat=Socialist, Right Voices, and Gone Hollywood, thanks [...]
June 27th, 2008 at 8:48 am
[...] to Outside the Beltway, Perri Nelson’s Website, Rosemary’s Thoughts, Allie is Wired, The World According to Carl, The Pink Flamingo, Cao’s Blog, Democrat=Socialist, Right Voices, and Gone Hollywood, thanks [...]
June 27th, 2008 at 9:29 am
Surrender Monkey Friday: The Neurosis Of The NY Times…
Surrendie is thrilled today of the neurotic Sybil like articles available in the NY Times. First, he wants you to read this
The individual right to bear arms identified by the Supreme Court on Thursday will have little practical impact in most of th….
June 27th, 2008 at 9:39 am
Surrender Monkey Friday: The Neurosis Of The NY Times…
Surrendie is thrilled today of the neurotic Sybil like articles available in the NY Times. First, he wants you to read this
The individual right to bear arms identified by the Supreme Court on Thursday will have little practical impact in most of the …
June 27th, 2008 at 10:27 am
BEEP BEEP: Obama throws Chicago under the bus…
“I didn’t go around wielding a bunch of clout.”
…and the entire city of Chicago goes under the bus, along with the whole Illinois Democratic Party. Barack Obama never really knew you:
“You will recall th…
June 27th, 2008 at 10:47 am
[...] to Perri Nelson’s Website, Allie is Wired, McCain Blogs, Adam’s Blog, The World According to Carl, Pirate’s Cove, The Pink Flamingo, Democrat=Socialist, and Right Voices, thanks to Linkfest [...]
June 27th, 2008 at 11:49 am
Sniffer Dogs Offend Muslims…
Hat tip, Sounder….
June 27th, 2008 at 2:02 pm
[...] Cat, Allie is Wired, third world county, Faultline USA, McCain Blogs, DragonLady’s World, The World According to Carl, Pirate’s Cove, The Pink Flamingo, Gulf Coast Hurricane Tracker, Dumb Ox Daily News, , [...]
June 27th, 2008 at 2:50 pm
NEWS & OPINION ROUNDUP (27 JUNE 2008) LEGALIZE IT EDITION…
The Libertarian in me has long been a proponent of the decriminalization of hemp and yes, marijuana as well. Here’s a study explaining why we are just plain dumb for not utilizing at least hemp to solve the energy crisis.
News for us blogger…..
June 27th, 2008 at 9:08 pm
We now have a right to own guns?? Well, isn’t that special?!?!
It seems to me that right has been in effect ever since the 2nd amendment was written. Many anti-gun lobbies have tried their best to interpret it otherwise, and constitutional scholars have been trying to tell them that the original intent of the Framers of the Constitution was exactly what is read, word for word, because when you get right down to it, we ARE a militia if this nation comes under attack.
In 1941, when Japan attacked the U.S. Naval forces at Pearl Harbor, there was a serious reason they attacked where they did, and not on the west coast of this nation. They didn’t fear our military, they feared the ARMED U.S. citizen and the insurgency that they were certain they would face.
We, The People are the very reason that no foreign power has even tried to invade this nation, we always have been, we always will be, by God, lets keep it that way.
All I can tell you fine folks is this, if you have em, secure em, if you don’t have em, you’d be well advised to buy a few, become highly proficient in their use and invest in precious metals, brass, copper, lead, things of that nature.
You never know when they might change their minds.
June 28th, 2008 at 4:25 pm
Notes from the Federal Convention Part 1…
With Independence Day around the corner, I thought it might be worthwhile to post some interesting debates from the Constitutional Convention of 1787 (as presented in Madison’s notes).
Compare the intellect and command of the theories that are th…