17

Repealing the Bill of Rights

The majority falls prey to the delusion, popular in some circles, that ordinary people are too careless and stupid to own guns, and we would be far better off leaving all weapons in the hands of professionals on the government payroll. But the simple truth, born of experience, is that tyranny thrives best where government need not fear the wrath of an armed people… A revolt by Nat Turner and a few dozen other armed blacks could be put down without much difficulty; one by four million armed blacks would have meant big trouble. All too many of the other great tragedies of history, Stalin’s atrocities, the killing fields of Cambodia, the Holocaust, to name but a few, were perpetrated by armed troops against unarmed populations. Many could well have been avoided or mitigated, had the perpetrators known their intended victims were equipped with a rifle and twenty bullets apiece, as the Militia Act required here. … If a few hundred Jewish fighters in the Warsaw Ghetto could hold off the Wehrmacht for almost a month with only a handful of weapons, six million Jews armed with rifles could not so easily have been herded into cattle cars.

Alex Kozinski, Federal Circuit Judge

 

What constitutes the bulwark of our own liberty and independence? It is not our frowning battlements, our bristling sea coasts, the guns of our war steamers, or the strength of our gallant and disciplined army. These are not our reliance against a resumption of tyranny in our fair land. All of them may be turned against our liberties, without making us stronger or weaker for the struggle. Our reliance is in the love of liberty which God has planted in our bosoms. Our defense is in the preservation of the spirit which prizes liberty as the heritage of all men, in all lands, every where. Destroy this spirit, and you have planted the seeds of despotism around your own doors. Familiarize yourselves with the chains of bondage, and you are preparing your own limbs to wear them. Accustomed to trample on the rights of those around you, you have lost the genius of your own independence, and become the fit subjects of the first cunning tyrant who rises.

Abraham Lincoln, September 11, 1858

 

 

 

Well, on the Left in this country, everyone from former Supreme Court Justice John Paul Stevens to Mark Shea, are calling for repealing the Second Amendment.  Now, there is no chance that is going to happen.  Go here to read about such an attempt would entail.  However, think about what the mere calling for this means.  Americans throughout our history have treasured our liberties.  Now, a large portion of the American people are willing to take an axe to the Bill of Rights in order to reach a political end.  The people doing so, I suspect, do not treasure the right to bear arms, and thus their liberty is not at risk, but merely a liberty prized by people they obviously despise.

Dale Price has a good response to this:

The First Amendment’s free speech protections are the relic of a backward 18th Century elite’s preoccupations with protecting the intellectual output of a now-extinct leisure class of slaveowning Deists.

In an age where hate and harassment can be transmitted across the globe with the click of a button and the children of vulnerable groups are being bullied into suicide every day, it is time to repeal the First Amendment.

However, I would caution Dale that many on the Left have no love of freedom of speech for those who disagree with them.  Those with the temerity to disagree with the Left are regarded as purveyors of hate speech and must be shouted down.  It is not fearmongering to assume they will eventually wish to amend the First Amendment.  Perhaps it would read as follows:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, except when a religion discriminates; or abridging the freedom of speech, except when speech is hateful or discriminatory or of the press, except when false news is being purveyed; or the right of the people peaceably to assemble, except for those assembling to promote racism and discrimination, and to petition the Government for a redress of grievances, unless they are petitioning in support of racism or discrimination.

For radical egalitarians, the Left seems to long for a very stratified society where Platonic Guardians will rule over the common people in a progressive utopia  where freedom will be as absent as religion.  This all calls to mind the quote of CS Lewis:

 

16

Supreme Court Holds That the Second Amendment Applies to the States

In the case of McDonald v. the City of Chicago, the Supreme Court of the United States ruled that the Second Amendment applies to the states.  Read the decision here.  The decision was 5-4 which is absolutely stunning since I think that there was no intellectually respectable argument to be made that the Second Amendment does not apply to the states.

The bill of rights applies to the States due to the Fourteenth Amendment.   In the opinions written by the majority justices, emphasis is given to the importance that the drafters of the Amendment placed upon the rights of freed slaves after the Civil War to keep and bear arms for their defense.  A good day for the Constitution at the Supreme Court.

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47

SCOTUS: 6 Catholics, 3 Jews, Law, Scholasticism and Tradition

I read a comment[1] a few weeks ago on GetReligion.org attempting to explain why John Paul Stevens was the last Protestant in the U.S. Supreme Court which simply said that Catholics and Jews have a tradition of being immersed in law (Canon Law and Halakha respectively for Catholics and Jews as an example).

This struck me as interesting because at first glance it kind of makes sense.

Of course there is much more to why the current make-up of the U.S. Supreme Court, 6 Catholics, 2 Jews, and an Episcopalian, is as it is.[2]

But I thought it was an interesting enough topic to dive into.

Lisa Wangsness of the Boston Globe chimes in with her two cents worth [emphases mine]:

Evangelical Protestants have been slow to embrace, or to feel welcomed by, the elite law schools like Harvard and Yale that have become a veritable requirement for Supreme Court nominees. One reason for this, some scholars say, is because of an anti-intellectual strain within evangelicalism.

As Ronald Reagan would say, there you go again, pushing the liberal theory that Christians are stupid (at least Evangelical Protestants).

Lets get beyond these stereotypes done by liberals to Christians.

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12

Christian Legal Society v. Martinez

As I’m a week and a half from law school exams, I don’t have the time to do this justice but there’s an important case involving a group I’m involved in at law school that was argued in front of the Supreme Court today. In sum, the school banned the CLS (Christian Legal Society) because it wanted the Christian Legal Society members to be…well, Christians. The school defends itself on the idea that allowing any discrimination is intolerable and would open a slippery slope to racist groups (no, seriously-read the article and the questions of Sotomayor & Stevens. Glad that Obama appointment is doing well for Christians).

So pray for a just result that will protect the rights of Christians to assemble.

39

Stevens to Retire

Get ready for Obama appointment, Round 2.

Supreme Court Justice Stevens announces he will retire in the summer.

Not sure how the timing will work on this, especially as Obama and the Democrats try to avoid being too contentious right before the November elections. That might play in our favor as far as getting a more moderate nominee. It will also be interesting to see if the GOP can or will delay the nominee as they have the 41 votes to filibuster.

The names being thrown around are the same ones being thrown around before; we’ll see where he goes with this pick. Time to start praying again.