Friday, June 26, 2015

What SCOTUSCare Means for Second Amendment Supporters

On June 25th, 2015, the majority of Supreme Court Justices, lead by Chief Justice Roberts, ruled that what the law says does not matter.   What matters is what the Justices want the law to say.

This is an important break down in the rule of law.  We have seen it before from the Supreme Court, particularly from the Warren Court, and during the Roosevelt revolution of the 1930's and on.   There seemed to be a brief period in the early 2000s when the Court might actually follow the law of the land.  This was labelled by the left as a "radically conservative court" but it was merely a slight tendency to follow law and truth, instead of rubber stamping "progressive" ideology.

The decision sheds light on why the Court has not accepted any direct Second Amendment cases since McDonald.  Both sides are afraid that a wavering Justice, typically Justice Kennedy, will vote against them.   The Constitutional side does not want a Supreme Court ruling that guts Heller and McDonald; the "progressive" side does not want a ruling that confirms and expands them.   It is even possible that a Justice does not want to have to yield to pressure from the Obama Administration, so avoiding a case becomes the easier choice.

It is obvious that the Court, similar to what happened in Venezuela, has been turned to the side of the administration.  Decisions that are in direct opposition to the law are found for the administration when enough pressure is brought to bear.   The Court explicitly ruled that it had to find the law Constitutional to avoid the law becoming unworkable.   In other words, they subverted the rule of law in order to support the current administration.

The only hope for a return to Constitutional restraints is an end to the current administration.   That hope presupposes that whatever pressure has been brought will cease when this administration ends.

It is not a hope that a future can be built upon.  After the SCOTUSCare decision, I have no real belief that we can depend on the Supreme Court to protect Second Amendment rights.   The Obama administration is in full attack mode against the Second Amendment.  It will bring whatever pressure it can against the Justices to insure that they rule the way that it wishes, in any Second Amendment case.

All is not lost.

The Supreme Court failed to protect the Second Amendment from 1935 through 2005.   It only started to protect the Second Amendment because Second Amendment activists organized and won legislative battles, educated greater and greater numbers of the public, and pushed the Court to rule properly.   That dynamic has not changed, but the Supreme Court has now shown that it cannot be relied on to follow the rule of law while this administration has all the power of the Government at its disposal.

Second Amendment activists will have to use their existing organizations, communications ability, and all their remaining protections under the First, Second, Fourth, Fifth, and Fourteenth Amendments to hold on to the restoration of freedoms that have been won in the last 20 years.  Legislatively, they may be able to do more.

They can win back, in State and Federal legislatures, what the Courts are refusing to protect.  The Obama administration will not be in power forever.  There will be a backlash.  It may happen that a Justice or Justices on the Supreme Court will find the ability to act ethically after the abuses of this administration end.

But, for the next year and a half, do not expect the Supreme Court to protect Second Amendment rights.  Second Amendment supporters should be glad that the Court has not taken important Second Amendment cases.    If my analysis is correct, the next year and a half is a very dangerous time for the Second Amendment to be heard in the Supreme Court.

©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
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Anonymous said...

All of the supreme court justices that voted for Scotuscare In fact under the law have violated their oath of office and by that violation have according to the laws on the books willfully resigned. If they do not leave the bench then they are required to be impeached and removed. Next too many people leave out the authority of the tenth amendment and how it is being violated. I wont say any more on this until you all read it for your selves. then I will back up what I say with the written laws that are on the books right now. I am not an expert on law or the constitution but I have been studying law and the constitution for over 40 years.

Anonymous said...

Rather than cower in fear, we should be daring the robed-ones to tread on us.
We shouldn't be fearful to have A case heard, we should be flooding every jurisdiction with them. They would see the rising tide and become fearful themselves. For those seeking to portend this would make them want to dispel Heller and McDonald, I submit otherwise. For if it is made CLEAR that the more they squeeze, the more will assemble and petition.

The only way to lower the sea level would be to stand down the assault upon our Liberty.

Don't take the bait laid out that we just gotta elect "republicans" one more election.....cuz that will only be rewarded with the call to hold on tight, holfd your own nose for just one more election....and one more election after that.

Simple and straightforward civil disobedience is the way forward. I submit this dutifully - If we are too cowardly to stand and hold this line even now, then we are not deserving of the right to arms later. Why? Because if the RIGHT to defend ourselves isn't ITSELF worthy of being defended WHILE it is under direct ATTACK....then nobody has the balls to actually defend much of anything anymore.

Time for some "put up or shut up".

Anonymous said...

the courts are irrelevant they do not abide by the Constitution.....the Bill of Rights is only as good as those that believe in it and will defend it with their lives.....Soon 'we the people' will see what the 3 % can do to right a wrong....Those that ridicule and ignore the founders creation, will come too understand the true meaning of Patrick Henry's words......imho

Anonymous said...

primaries matter, and as constitutional conservatives, we need to use the organizational power of the Internet to OWN the primary process.

Anonymous said...

I tried to post my explanation about the courts authority but I guess it was to long and the system would not accept it. I do believe the only way to correct this current corrupt system will require armed force. I have never wanted to see war on the streets of this country but I see no alternative. In the last few days the USSC has proven its corruption the congresses corruption is clearly proven by passing the tpa tpp and the tpip and other unconstitutional laws and acts and its refusal to impeach a disgusting worthless bastard. We can all thank Colt, Remington, Winchester and others for giving us a voice that can be heard. Just be sure to speak plainly. Long live the 3%.

Abigail said...

I agree that 'force' might be necessary, but we must be clear about how much and WHO will use that force. The answer to the corruption and disintegration of our Constitutional government is the still existing Constitutional Institution called the "Militia of the Several States!" Now don't go jumping all over me and say it has been legally neutered. We The People are the sovereigns. No one and no government or politician can change that in our Constitution/country. Not even today! We as the 'good' people in WE THE PEOPLE have the right and the obligation to do what we must do in order to remove, even by force, the corruption wherever it is. We must realize and understand we have that power as the required armed members of our state militia. Any government agency that established an unconstitutional or unjust law is guilty of tyranny and the law or regulation is void. We have allowed ourselves to become powerless and we didn't have to. We still don't have to. The militia is a pre-constitutional institution that the founds said exist to defend the laws of the nation among other things. The National Guard IS NOT THAT MILITIA. I am asking you all to read two short books by one of the most well known scholars of the Second Amendment, Edwin Vieira, Jr: Thirteen Words and Three Rights. It won't take you long to read these and when you do you will understand that WE THE PEOPLE have the RIGHT AND THE DUTY to Resist, Restore and Renew...and start doing it today! Please read the books and spread the word.