How the Supreme Court can help restore the Constitution

[maximus83]

Here's a series of 4 articles by a law professor and a constitutional rights attorney, focusing on how the current court can contribute to restoring the Constitution. The last one deals with the Second Amendment, pretty interesting. They show how the Court after the Heller ruling has let the states and the lower courts run amok, doing whatever they want. As a resident of WA state, which just passed the I-1639 'gun control' law (overview (https://ballotpedia.org/Washington_Initiative_1639,_Changes_to_Gun_Ownership_and_Purchase_Requirements_Measure_(2018)), full text version (https://www.sos.wa.gov/_assets/elections/initiatives/finaltext_1531.pdf)), I could not agree more. Now that they have all 9 seats filled and a majority of justices that support a constitutional philosophy, they need to take some 2A cases, clarify the meaning of Heller, and place clearer boundaries on how the states can apply it. And it's plausible to think that the court will do that. The authors argue for restoring the 2A as a first-class constitutional right, with the notion that just like the First Amendment, it was based on a pre-constitutional natural right. So they see the 2A as deserving the same level of prioritization by the Court, protection from government infringement, and clarification, as the First.

https://www.nationalreview.com/2018/10/supreme-court-judicial-philosophy-constitutional-system/
https://www.nationalreview.com/2018/10/supreme-court-brett-kavanaugh-administrative-state/
https://www.nationalreview.com/2018/11/supreme-court-brett-kavanaugh-privacy-rulings/
https://www.nationalreview.com/2018/11/supreme-court-second-amendment-rights/

— John Yoo is the Emanuel S. Heller Professor of Law at the University of California, Berkeley, a visiting scholar at the American Enterprise Institute, and a visiting fellow at the Hoover Institution at Stanford University. James C. Phillips is an attorney in private practice and a non-resident fellow at Stanford Law School’s Constitutional Law Center.

[TMS951]

Ginsberg can only hold on so long. I mean didn't she fall the other day, what is her current condition, is she even alive?

I'd want her out prior to them hearing a case. It will be better for us when she is replaced by Amy Barrett.

[FromMyColdDeadHand]

Ginsberg can only hold on so long. I mean didn't she fall the other day, what is her current condition, is she even alive?

I'd want her out prior to them hearing a case. It will be better for us when she is replaced by Amy Barrett.

There are a lot of cases that will have to be heard, and I don't want to wait too long. If Trump looses and Thomas goes hunting at a DNC operatives ranch, we will lose all kinds of rights. The left has shown that they can look us in the eye and agree with the 2A, Heller and McDonald and approve 7 round mags, and an outlawing of semi autos. The first thing is that the lower courts need to be told that strict scrutiny is the correct way to evaluate 2A claims.

We don't have time. The left is fine with passing huge progressive court wins in one fell swoop. Conservatives move step by step- and those take time. Plus, we need the laws at least held up by injunction. Once in place the gun grabbers will have no problem violating court orders and leaving unconstitutional laws on the books.

[The_War_Wagon]

If it takes the force of law, to make idiots understand common sense, than so be it.

http://i212.photobucket.com/albums/cc305/The_War_Wagon/leftlooney_zpsvjscm52v.jpg

[Tx_Aggie]

If it takes the force of law, to make idiots understand common sense, than so be it.

http://i212.photobucket.com/albums/cc305/The_War_Wagon/leftlooney_zpsvjscm52v.jpg

Some on the left have decided the 1st Amendment is just as "problematic," along with the 5th. The 4th has been ignored in many ways for nearly 20 years now by lawmakers and administrations from both parties.

[PatrioticDisorder]

It’s hard to believe the author is from UC Berkeley. I really do hope the Roberts court solidifies 2a. That said, it would all be a moot point if immigration/wall is not tackled. We will have far too many completely ignorant of American history voting, I could see us reaching a point where the 2nd amendment is simply repealed after being upheld due to “changing demographics” (you could also read that as a slow moving silent invasion).

[Moose-Knuckle]

SCOTUS can be a very advantageous or inimical force upon the Constitution, it all depends how it is stacked.

Often, I think that leftist activist judges are the single greatest to threat to our Republic.

[FromMyColdDeadHand]

I don't think they are, I know they are.

Rationalize any outcome in their favor.
Restrict opponents with 'standing'.
No limit to their review OR their legislating a solution.

[Tx_Aggie]

It’s hard to believe the author is from UC Berkeley. I really do hope the Roberts court solidifies 2a. That said, it would all be a moot point if immigration/wall is not tackled. We will have far too many completely ignorant of American history voting, I could see us reaching a point where the 2nd amendment is simply repealed after being upheld due to “changing demographics” (you could also read that as a slow moving silent invasion).

I assume you're talking about illegals voting. The folks I've met who have actually passed the civics and history exam to become naturalized citizens know more about American history and govt than most of the college students I've interacted with (which is a lot, as I taught at the university level up until a few years ago).

The compete ignorance of US history and civics among American citizens is appalling, and leaves them open to manipulation by opportunistic politicians and the media. I'd argue that is both a greater threat to the health of our Republic and also one that is more difficult to correct.

[PatrioticDisorder]

I assume you're talking about illegals voting. The folks I've met who have actually passed the civics and history exam to become naturalized citizens know more about American history and govt than most of the college students I've interacted with (which is a lot, as I taught at the university level up until a few years ago).

The compete ignorance of US history and civics among American citizens is appalling, and leaves them open to manipulation by opportunistic politicians and the media. I'd argue that is both a greater threat to the health of our Republic and also one that is more difficult to correct.

Your example is anectodal, the numbers don’t jive with your personal experience. My wife and her family fled communism in Cuba, just because she is staunchly conservative does not mean she is representative of the majority of immigrants to this country, which are largely from Latin America, under educated and dependent on government subsidies, leading them to voting Democrat 2 to 1. If these people were voting Republican I can assure you the Democrats would have built a wall years ago.

[Tx_Aggie]

Your example is anectodal, the numbers don’t jive with your personal experience. My wife and her family fled communism in Cuba, just because she is staunchly conservative does not mean she is representative of the majority of immigrants to this country, which are largely from Latin America, under educated and dependent on government subsidies, leading them to voting Democrat 2 to 1. If these people were voting Republican I can assure you the Democrats would have built a wall years ago.

"These people" shouldn't be voting at all.

You seem to be confusing immigrants with naturalized citizens. The former, the vast majority of the people described by the bolded statement above, cannot legally vote, even if they are among those who are here legally. Aliens have been prohibited from voting in federal elections since 1996, and in state elections since 1926 when Arkansas was the last state to outlaw non-citizen voting in state wide elections. The only exceptions are the few places like San Francisco and some localities in Maryland that allow aliens to vote in local elections.

If they are voting it needs to be addressed though the election process (i.e. locking up those who are facilitating the fraud).

I'm a little baffled at the insistence on conflating naturalized citizens, legal immigrants, and illegal immigrants.

[RetroRevolver77]

deleted

[26 Inf]

Well it's been shown that immigrants who are lawfully allowed to vote will vote Democrat 80% of the time.

If the immigrants are citizens, I'm happy to have them vote regardless of party affiliation. America, you know.

[RetroRevolver77]

deleted

[26 Inf]

Well California shows you're wrong. Used to be a Republican stronghold- now it's just poopmaps and socialism.

Nah, if they are citizens and vote, I got no problems with them, because America, you know.

A far bigger problem in California becoming a shit hole is the leverage that the liberal elites have over the whole state, not immigrant voting.

https://www.nationalreview.com/2010/12/two-californias-victor-davis-hanson/

https://www.youtube.com/watch?v=v1eNcuGcPW4

[AKDoug]

While immigrants voting democrat may be an issue in California, it is also overrun with Caucasian liberals as well. However, this could all be cured if even 50% of the self described conservatives would have gotten off their ass and voted.

[Diamondback]

While immigrants voting democrat may be an issue in California, it is also overrun with Caucasian liberals as well. However, this could all be cured if even 50% of the self described conservatives would have gotten off their ass and voted.

THIS. Sixty percent of Washington State sat on their thumbs and let twenty-four percent ram a Bloomberg Christmas List up our collective ass over the vocal opposition of the remaining sixteen percent.

If you don't vote Pro-Gun and make sure to do so at every opportunity, YOU ARE THE PROBLEM.

[PatrioticDisorder]

Nah, if they are citizens and vote, I got no problems with them, because America, you know.

A far bigger problem in California becoming a shit hole is the leverage that the liberal elites have over the whole state, not immigrant voting.

https://www.nationalreview.com/2010/12/two-californias-victor-davis-hanson/

https://www.youtube.com/watch?v=v1eNcuGcPW4

That sounds nice in theory, but they are voting to strip away your rights, strip away the country as founded and voting for unsustainable debt which is going to lead to the “America, you know” to being an America you don’t know. Immigration is fine if it were controlled, people allowed to assimilate and we were allowing people in that were not heavily dependent on the government, at least not for any sustained length of time. The liberal elites are not the problem, these assholes exist everywhere and the only reason they have the power they do is because of a large underclass (which they want and need to be sustained).

[Moose-Knuckle]

Well California shows you're wrong. Used to be a Republican stronghold- now it's just poopmaps and socialism.



Attacks on Trump supporters outside his CA rallies is pretty telling. America, you know.

Also of note, a Google image search for the words 'Trump protesters Mexican flag' is revealing as well.



https://www.youtube.com/watch?v=uWIMt9JxugQ



Then there is this, because America, you know.

https://farm5.staticflickr.com/4820/45934675232_739cab5388_b.jpg







That sounds nice in theory, but they are voting to strip away your rights, strip away the country as founded and voting for unsustainable debt which is going to lead to the “America, you know” to being an America you don’t know.


You have to understand, there are people among us that welcome with open arms what has become to be known as the suicide of a super power.

[jsbhike]

Well California shows you're wrong. Used to be a Republican stronghold- now it's just poopmaps and socialism.

Didn't seem to matter.

Mulford Act was named after Don Mulford(R) and signed in to law by Ronald Reagan(R).

Southwest Combat Pistol League had to be called Southwest Pistol League because of Frank M. Jordan(R).

All were vets of WWI and WWII so they got to see the benefits of a disarmed population for people in their positions within their lifetimes.

[austinN4]

While immigrants voting democrat may be an issue in California, it is also overrun with Caucasian liberals as well. However, this could all be cured if even 50% of the self described conservatives would have gotten off their ass and voted.
Couldn't agree more. Only 53% of all Texas registered voters voted in the midterm. I suppose I should have been grateful, as 53% was above the national average, but it still is still POs me.

[thepatriot2705]

Given John Roberts quote today defending the treasonous 9th circuit, I don’t want any gun cases heard. Need to hold out until Ginsburg is replaced.

[PatrioticDisorder]

Given John Roberts quote today defending the treasonous 9th circuit, I don’t want any gun cases heard. Need to hold out until Ginsburg is replaced.

I won’t diswgree with you, but all I read was we don’t have Trump or Obama judges or Bush or Clinton judges. I wouldn’t take too much out of that statement. He is the guy who allowed Obamacare to be declared constitutional, but I’m not sure I’m ready to write him off as a leftist judicial activist just yet. I mean he did rule the right way in Heller he. DC and the other significant case McDonald vs. Chicago.

[morbidbattlecry]

That sounds nice in theory, but they are voting to strip away your rights, strip away the country as founded and voting for unsustainable debt which is going to lead to the “America, you know” to being an America you don’t know. Immigration is fine if it were controlled, people allowed to assimilate and we were allowing people in that were not heavily dependent on the government, at least not for any sustained length of time. The liberal elites are not the problem, these assholes exist everywhere and the only reason they have the power they do is because of a large underclass (which they want and need to be sustained).

So people who don't think like you shouldn't be allowed to vote? And you have the pot calling the kettle black here. Which party has voted for unsustanable debt? I'll help you out, it's not the Democrats. And The current party in power is kept afloat by a large underclass.

[PatrioticDisorder]

So people who don't think like you shouldn't be allowed to vote? And you have the pot calling the kettle black here. Which party has voted for unsustanable debt? I'll help you out, it's not the Democrats. And The current party in power is kept afloat by a large underclass.

Way to misconstrue what I stated. The debt doubled under Obama and the trajectory change we were put on under a democrat controlled house and senate during his first years, but you know this and are being disengenious.

[26 Inf]

So people who don't think like you shouldn't be allowed to vote? And you have the pot calling the kettle black here. Which party has voted for unsustanable debt? I'll help you out, it's not the Democrats. And The current party in power is kept afloat by a large underclass.


Way to misconstrue what I stated. The debt doubled under Obama and the trajectory change we were put on under a democrat controlled house and senate during his first years, but you know this and are being disengenious.

Both parties have been negligent in their handling of the debt:

Barack Obama: Added $8.588 trillion, a 74-percent increase from the $11.657 trillion debt at the end of Bush’s last budget, FY 2009. Obama inherited an unfunded war, and the after effects of TARP and the Auto Bailout.

George W. Bush: Added $5.849 trillion, a 101-percent increase from the $5.8 trillion debt at the end of Clinton's last budget, FY 2001. An unfunded war, and a financial crisis thanks to unfettered greed resulted in TARP and the Auto Bailout.

Bill Clinton: Added $1.396 trillion, a 32-percent increase from the $4.4 trillion debt at the end of George H.W. Bush's last budget, FY 1993.

George H.W. Bush: Added $1.554 trillion, a 54-percent increase from the $2.857 trillion debt at the end of Reagan's last budget, FY 1989.

Ronald Reagan: Added $1.86 trillion, a 186-percent increase from the $998 billion debt at the end of Carter's last budget, FY 1981. How about that Laffer Curve? IMO supply side didn't work, but ending the Cold War was worth it until a couple years ago.

Jimmy Carter: Added $299 billion, a 43-percent increase from the $699 billion debt at the end of Ford's last budget, FY 1977.

You can't wage war, or continue to wage war unless you take steps to fund the war. The GWOT has added $2 trillion to the debt as of the FY 2018 budget. As a counterpoint, WWII, adjusted for inflation to today’s dollars, cost over $4 trillion and in 1945, the war’s last year, defense spending comprised about 40% of GDP.

When you consider how both those wars have been/were funded a couple of things jump out: America's highest income tax rates during WWII were 88 - 94%; during the GWOT they have been 35.5 to 33% (tax cuts in the middle of a war?); In WWII America was totally involved, War Bonds, Scrap Drives, Victory Gardens, Gas Rationing, over 12% of the population served in WWII; currently only about 0.5% serve in the Armed Forces, while the American Public has superficially supported our troops - with magnetic stickers and "Thank you for your service" - they really have disassociated themselves, no tax hardship, etc.

That is not a sidetrack rant, it just points out the extent to which the general public has abdicated their responsibilities to govern and defend themselves.

As far as Congress and Presidents Bush and Obama handling the budget, as one who lost over $400,000.00 between 2008 and 2009, I'm pretty freaking glad that the government bailed out the banks and the auto industry, as I'm sure are the over 250.000 people who lost their jobs while all this was transpiring.

As far as a trajectory change in my 401K, President Obama and the boys done me pretty good after the recession, true, the economy has been cooking so far during President Trump's admin, but it was generally rising during Obama's presidency, enough so that I retired in the middle of his second term.

There is plenty of blame to pass around.