Thursday, June 26, 2008

SUPREME COURT: Right to bear arms ruling







Well, the Supreme Court has been having a field day popping out decisions practically every day; they probably really want to get started on their vacations.

The big decision had to do with the Second Amendment dealing with the right to bear arms. The case was about Washington, DC’s 32 year old law banning hand gun possession in the city. It was challenged by someone that really needed a hand gun.

I have written before that the 2nd Amendment ONLY states that the citizens in a “well regulated” civilian militia (citizen militia) have the right to bear arms. We no longer have a civilian militia but a State Guard and to me, the Amendment’s point is a moot point (not applicable to today).

The 2nd Amendment does NOT prohibit individuals from owning “arms” but it also DOES NOT guarantee each citizen the right to bear arms. So the 2nd Amendment and with it the US Constitution, does NOT impact the issue of individual gun ownership.

If the conservative Supremes who pride themselves on interpreting the Constitution as it was written, really believed in their own bullshit, they would just send the case back to the states saying it is a “state issue” and not a Supreme Court issue and let the citizens of each state decide how to or even if to, control gun ownership within their borders.

BUT the conservative Supremes (Scalia, Roberts, Alito and Thomas) joined by moderate Anthony Kennedy could not resist in twisting the Constitution to fit their needs (just like interpreting the Bible) and for that I think much less of them but they are not unique in the conduct of Supreme Court justices throughout our history.

On a realistic level, Washington’s ban of hand guns did nothing to stem the rate of homicides there and in actuality, deprived it’s citizens from a means to protect themselves, their homes and their families.

These same people that were deprived of owning hand guns could use rifles, shotguns and all sorts of other weapons to protect themselves but I guess they only knew how to pull the trigger of a hand gun (pistol).

Scalia knew he was opening a Pandora’s Box and stated that “long standing prohibitions on the possession of firearms by felons or those mentally ill, or laws forbidding the carrying of firearms in sensitive places like schools and government buildings” should stand BUT people are already preparing legal attacks on laws prohibiting machine guns, high powered sniper rifles and other “arms” that they feel they deserve the right to have – thanks Scalia!

More on other decisions reached by the Supremes on the flip side…

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