Hat tip to Christopher Buckley.
Michael Z. Williamson delivered a truly excellent rant.
“We’re not trying to take your guns away, just have reasonable limits. It’s a compromise.”
And some people want reasonable limits on abortion, like waiting periods, gestational time limits, ultrasound, etc. It’s a reasonable response to an activist court decision, and reasonable restrictions on a right, for public benefit. Don’t come whining about your right to murder babies, and I won’t come to you whining about my right to shoot school kids.
And no one is saying you can’t ride the bus. You just have to sit where people think is reasonable. No one is saying women can’t work. They just have to get paid what is reasonable for the work they do, allowing for the fact they’re going to leave the workplace and raise a family. It’s a compromise.
Read the whole thing.
Hat tip to Vanderleun.
Hat tip to Rich Duff.
Hat tip to Gail Goodman.
14th Amendment, 2nd Amendment, Gun Control, Incorporation, McDonald v. Chicago, Supreme Court, The Law
The Court’s decision in McDonald v. City of Chicago was handed down this morning.
Erin Miller, at SCOTUSblog, live blogged the announcement:
Alito announces McDonald v. Chicago: reversed and remanded
Monday June 28, 2010 10:04 Erin
Gun rights prevail
Monday June 28, 2010 10:04 Tom
The opinion concludes that the 14th Amendment does incorporate the Second Amendment right recognized in Heller to keep and bear arms in self defense
Monday June 28, 2010 10:05 Erin
Monday June 28, 2010 10:05 Tom
Stevens dissents for himself. Breyer dissents, joined by Ginsburg and Sotomayor.
Monday June 28, 2010 10:05 Erin
The majority seems divided, presumably on the precise standard
Monday June 28, 2010 10:05 Tom
The majority Justices do not support all parts of the Alito opinion, but all five agree that the 2d Amendment applies to state and local government.
Monday June 28, 2010 10:06 Erin
Alito, in the part of the opinion joined by three Justices, concludes that the 2d Amendment is incorporated through the Due Process Clause.
Monday June 28, 2010 10:06 Erin
Thomas thinks the Amendment is incorporated, but not under Due Process. He appears to base incorporation on Privileges or Immunities.
Evidently, the Court actually did rule that the 14th Amendment’s Incorporation of the Bill of Rights makes applicable the Second Amendment to the states, limiting the right of states and municipalities to restrict the right of Americans to keep and bear arms.
1st Amendment, 2nd Amendment, Elena Kagan, First Amendment, Obama Appointments, Second Amendment, Socialism, Supreme Court
She does not believe the First Amendment means what it says.
Mr. Obama noted that as Solicitor General her “passion for the law” had led her make this year’s landmark campaign finance case, Citizens United v. FEC, her first argument before the Supreme Court.
“Despite long odds of success, with most legal analysts believing the government was unlikely to prevail in this case,” Mr. Obama said, Elena Kagan took it on bravely. “I think it says a great deal about her commitment to protect our fundamental rights,” he continued, “because in a democracy, powerful interests must not be allowed to drown out the voices of ordinary citizens.”
She does not believe the Second Amendment means what it says.
Elena Kagan said as a U.S. Supreme Court law clerk in 1987 that she was â€œnot sympatheticâ€ toward a man who contended that his constitutional rights were violated when he was convicted for carrying an unlicensed pistol. …
The manâ€™s â€œsole contention is that the District of Columbiaâ€™s firearms statutes violate his constitutional right to â€˜keep and bear arms,â€™â€ Kagan wrote. â€œIâ€™m not sympathetic.â€
But her recently unearthed college thesis shows that she once thought a lot more highly of socialism.
In our own times, a coherent socialist movement is nowhere to be found in the United States. Americans are more likely to speak of a golden past than of a golden future, of capitalism’s glories than of socialism’s greatness.
Why, in a society by no means perfect, has a radical party never attained the status of a major political force? Why, in particular, did the socialist movement never become an alternative to the nation’s established parties? Through its own internal feuding, then, the SP [Socialist Party] exhausted itself…
The story is a sad a but also a chastening one for those who, more than half a century after socialism’s decline, still wish to change America. … In unity lies their only hope.”
She is the perfect liberal candidate.
2nd Amendment, Chicago, District of Columbia v. Heller, Gun Control, McDonald v. Chicago, Supreme Court
The LA Times is predicting that the Supreme Court will ultimately rule in McDonald v. Chicago as it did in District of Columbia v. Heller, striking down the City of Chicago’s complete ban on the private ownership of handguns.
Reading the tea leaves is not very hard, since Justice Anthony Kennedy these days casts the deciding vote.
[D]uring Tuesday’s arguments, the justices who formed the majority in the D.C. case said they had already decided that gun rights deserved national protection.
Justice Anthony M. Kennedy said the individual right to bear arms is a “fundamental” right, like the other protections in the Bill of Rights. “If it’s not fundamental, then Heller is wrong,” he said, referring to the D.C. ruling, which he joined. Roberts and Justices Antonin Scalia and Samuel A. Alito Jr. echoed the same theme.
At one point, Justice John Paul Stevens proposed a narrow ruling in favor of gun rights. Two years ago, he dissented and said the 2nd Amendment was designed to protect a state’s power to have a “well regulated militia.”
Now, however, Stevens said the court could rule that residents had a right to a gun at home, but not a right “to parade around the street with a gun.”
A lawyer representing the National Rifle Assn. scoffed at the idea and opposed a “watered-down version” of the 2nd Amendment.
Scalia also questioned the idea. In his opinion two years ago, he described the right to bear arms as a right to “carry” a weapon in cases of “confrontation.” Such a right would not be easily limited to having a gun at home.
The justices will meet behind closed doors to vote this week on the case of McDonald vs. Chicago. It may be late June before they issue a written ruling.
Eugene Volokh discusses U.S. v. Arzberger a case in which a defendant charged with possession of child pornography when released on bail would previously have automatically lost his right to possess firearms simply by virtue of being accused of a federal crime.
The federal magistrate found that, D.C. v. Heller having recognized the existence of a Constitutionally-protected individual right, Due Process comes into play, and it becomes necessary for the Government to establish the existence of a public danger of such a defendant engaging in violent actions using firearms before his Right to Keep and Bear Arms may be infringed.
The US Constitution has begun returning from exile.
Dan Cooper, a proud member of the National Rifle Association, has backed Republicans for most of his life. He’s the chief executive of Cooper Arms, a small Montana company that makes hunting rifles.
Cooper said he voted for George W. Bush in 2000, having voted in past elections for every Republican presidential nominee back to Richard Nixon. In October 1992, he presented a specially made rifle to the first President. Bush during a Billings campaign event.
This year, Cooper has given $3,300 to the campaign of Democrat Barack Obama. That’s on top of the $1,000 check he wrote to Obama’s U.S. Senate campaign in 2004, after he was dazzled by Obama’s speech at that year’s Democratic National Convention.
Cooper changed sides, he said, “probably because of the war. And also because the Republican Party has moved so far right in recent years.”
He also likes Obama’s message about “the retooling of America, which involves the building of middle-class jobs and helping American small business be competitive with those overseas.”
Mr. Cooper is entitled to his own political opinions, of course. But believing that Barack Obama is anything other that a firm enemy of the Right to Keep and Bear Arms and a reliable ally of opponents of the field sports both in the form of environmental extremists and lunatic fringe advocates of Animal Rights is pathetically naive. And lending his name to this particular politician’s campaign was bound to be less than well received by Mr. Cooper’s fellow shooters and sportsmen.
So USA Today, three days later, was obliged to report
Montana gunsmith Dan Cooper has been ousted as chief executive of the rifle company that bears his name after pressure from gun owners who are angry that he is supporting Democrat Barack Obama. …
The USA TODAY article sparked outrage from some gun owners and bloggers, including an open letter on a blog called Firearms and Freedom, urging people to boycott the company’s products. Many gun enthusiasts believe Obama will try to restrict their right to bear arms, although he has said he respects the Second Amendment.
In a portion of the interview that was not included in Tuesday’s story, Cooper said, “I don’t believe that what’s being said about Obama and his policies about guns are accurate. I have had a conversation with the senator â€¦ he is a stanch supporter of the right to hunt and the right to bear arms.”
The company posted a statement Wednesday night on its website that said:
“The employees, shareholders and board of directors of Cooper Firearms of Montana do not share the personal political views of Dan Cooper. Although we all believe everyone has a right to vote and donate as they see fit, it has become apparent that the fallout may affect more than just Mr. Cooper. It may also affect the employees and the shareholders of Cooper Firearms. The board of directors has asked Mr. Cooper to resign as President.”
This is sad and unfortunate, but I think the employees, stockholders, and the board of Cooper Firearms were right. Gun ownership and the right to hunt are seriously threatened by the democrat party and its radical supporters. Sportsmen and shooters are a minority attacked and under siege. If we do not stand together to defend our rights, if we do not vigorously oppose leftwing candidates like Barack Obama, we will find ourselves in the position of citizens of Great Britain very shortly.
Hat tip to Xavier.
Virginia Senator Jim Webb wouldn’t sign on as Barack Obama’s running mate, but he’s willing to overlook the obvious major differences between Obama’s ultra-liberal positions and his own in order to endorse, and assure us that he trusts, Obama. He trusts Obama even to defend the Second Amendment, he says.
1:00 radio ad
Our family tradition of hunting and shooting are a way of life to me, and no government will ever take that away. I am an NRA member and I know that my friend Barack Obama will protect our second amendment rights. So don’t be misled about Barack Obama…I trust him to protect our right to keep and bear arms.
On what possible basis, Senator Webb? Barack Obama has the most leftwing voting record of any senator. Obama scores to the left of socialist Bernie Saunders. His gun control record is impeccable. He’s a 100% supporter of Gun Control.
And Obama isn’t only endorsed by you, he’s endorsed by the Brady Campaign.
Senators Barack Obama and Joseph Biden know that we make it too easy for dangerous people to get dangerous weapons in this country. They know that our weak gun laws have too many loopholes, which lead to over 30,000 deaths and 70,000 injuries from guns every year.
“Senators Obama and Biden know that we can reduce those deaths and injuries from guns by strengthening our Brady background check system, getting military-style assault weapons off our streets, and giving law enforcement more tools to stop the trafficking of illegal guns.
But the National Rifle Association, to which both Senator Webb and I belong, says Obama would be “the most anti-gun president in American history.” The NRA notes:
Obama voted to ban hundreds of rifles and shotguns commonly used for hunting and sport shooting
(Illinois Senate, SB 1195, 3/13/03)
Obama endorsed a ban on all handguns
(Independent Voters of Illinois/Independent Precinct Organization general candidate questionnaire, 9/9/96, Politico, 03/31/08)
Obama voted to allow the prosecution of people who use a firearm for self-defense in their homes
(Illinois Senate, S.B. 2165, vote 20, 3/25/04)
Obama supported increasing taxes on firearms and ammunition by 500 percent
(Chicago Defender, 12/13/99)
Obama voted to ban almost all rifle ammunition commonly used for hunting and sport shooting
(United States Senate, S. 397, vote 217, 7/29/05)
Obama opposes Right-to-Carry laws
(Pittsburgh Tribune-Review, 4/2/08, Chicago Tribune, 9/15/04)
Jim Webb’s word to gun owners and Virginians clearly is not worth very much. He really has become a democrat. Shame on Webb.
Former State Representative (54th District Texas, R) Dr. Suzanna Gratia-Hupp testifies before a Senate Committee including Chuck Schumer to her own tragic experience with the consequences of gun control restrictions on law-abiding citizens carrying concealed weapons, and concludes by identifying the most important basis for the Constitutional right of citizens to keep and bear arms.
Hat tip to Rich Duff.