Posts Tagged → Heller
US Supreme Court “conservatives” abandon the American People
If you are a politico, then you watched and were amazed by the four decisions issued by the US Supreme Court this morning. If you are not a political animal, who devours everything political 24/7, then you should know that the Court is run by liberals. It is official now, in case anyone was wondering. The liberals have the majority, and so-called conservatives like Roberts and Gorsuch are no-such. They are RINOs.
Perhaps the most vexing of the Court’s decisions today was its unwillingness to pick up any of the ten gun lawsuits that have worked their way through the courts all over the country. The Court simply did not have four justices who wanted to hear any of the gun cases. Nearly all of the gun cases involve state and local laws that contradict the plain meaning of the 2nd Amendment, or lower court decisions that contradict the Court’s Heller decision. It is this second group of lawsuits and decisions that is most alarming, because every liberal lower court judge is now an open activist, issuing judicial decisions that directly conflict with Heller, rendering Heller ineffective.
If the US Supreme Court will not intervene to set lower courts straight on Supreme Court precedent, then its own decisions mean absolutely nothing. A court’s holdings are only as good as people’s willingness to abide by them. And the conundrum that law-abiding citizens face here is that we follow the law; we follow the Court’s holdings. If we lose, we shrug our shoulders and keep marching forward; win some, lose some.
Liberals behave totally differently. They never lose!
If they don’t agree with it, they simply ignore the Court’s holdings at every level of government and at every level of court. Liberal judges have become such aggressive activists that they issue decisions they claim apply nationwide, when in fact their own jurisdiction only covers one state. Liberal judges and liberal bureaucrats keep pushing their own agenda, the law be damned, court decisions be damned.
What happens to a society where some of the people follow the law and the other people don’t follow the law, but instead use it to both simultaneously suppress and oppress their political opponents, and never apply it to themselves?
Is this situation sustainable? Can any nation that is constituted like America have a permanent imbalance wherein one side repeatedly gets away with political murder, and the other side can’t even make the smallest mistake without having their lives, careers, and families destroyed? Well, the easy and correct answer to this question is No, no nation can carry this operation for long. Not even America. We are not too big, nor too rich, nor too powerful to fail. What is happening now with the US Supreme Court’s decisions is a guaranteed hard-wire of FAILURE into the nation.
Oh, and in case you didn’t know it, the Court majority also engaged in tons of legislating from the bench, on gay and transgender issues that the larger society is wrestling with through the political process. The Court majority, including a bunch of “Republicans,” just threw America’s constitutional and legislative process out the window and issued their own updated policy versions of “Roe v. Wade.”
Which brings me to the end of this sorry tale. So many people wondered aloud why I ever ran for office. They could see that my heart was in it, but that I really did not feel like making it into a career. I ran for the policy issues, for the jolt I could help give to the public. I feel even more strongly now, after this morning’s Court decisions, that America is in serious trouble.
It is not enough for people to vote. Yes, you must vote in November. But you are also needed as a volunteer for President Trump’s campaign, as a campaign volunteer for good local and state candidates. You yourself should run for office. Run against an entrenched politician, especially the RINOs that plague us unto death, like justices Roberts and Gorsuch do on the Court.
From tonight until November, every day counts. Lend a hand to the Trump campaign. Put up signs, distribute literature door-to-door, make phone calls. Etc. Every thing you do helps bring America one step back from the edge it now teeters on. Do not expect “other people” to take care of these problems. Both political parties have abandoned the American people, and now so have the supposed conservatives on the US Supreme Court.
We, the People, are all that we have left. Just us, ourselves. Either we fix this problem ourselves, or America is destined for real problems. Unimaginable problems. Don’t let that happen.
Tyranny by Ten
This Tuesday, two and a half days ago, the 4th Circuit Court of Appeals created a new law about guns and gun ownership in America out of thin air and completely contradicting recent US Supreme Court decisions the lower courts are bound to follow
If you want to see why citizens’ faith in the judiciary branch has declined, this bizarre decision is the best latest example.
It is gross over-reach far exceeding the court’s authority, and nullifying all of the judicial precedent litigated and decided before by the highest court.
Recall that judges cannot make up law.
They are fully bound by precedent.
They cannot make up policies.
They cannot come to a conclusion that is outside the subject of what has been litigated in front of them.
They cannot second-guess Congress.
They cannot ask what personal motives were behind a president’s executive order.
It does not matter what a judge personally thinks. None of this is supposed to enter into a judge’s ruling. When it does, the ruling is meaningless garbage.
Judges can only interpret the laws that are passed by Congress and signed by the President, or the state equivalent. That is it. That is their sole scope and ability.
At their most precise and honest moment, judges simply determine if a law is Constitutional, or not, or if it needs to go back to the state or federal legislative branch for re-work.
Brazen activism like this week’s decision serves only to undermine the judiciary, not strengthen it, because people will either utterly ignore these wayward judges, or they will seek to have them removed from their office, for good cause. Or both.
I myself do not feel bound by this illegal decision, and I will not comply with it no matter who says I must. These ten judges-gone-wild do not outweigh the collective decisions of the populace. If this court wants my guns, the authors of this decision can come to my home and try to take them away.
Come and (try to) take them!
In this particular instance of judicial malfeasance, ten of the court’s fourteen judges decided on their own that a new legal test was needed, a test that had never been used before by Congress, by the framers, the Constitution, or prior courts.
These ten judges decided to call it the “weapons of war” test, and they simply state that the Second Amendment never intended for American citizens to possess “weapons of war,” which according to these judges include the basic AR-15 rifles that are commonly used to hunt coyotes every week across the nation. Never mind that this new test would have eliminated from their personal possession the very military grade guns the American Patriots used to defeat the British.
But obviously logic is not of concern to these judges. The language of the majority decision and supporting decision is florid, full of political and emotional hyperbole, uses sophomoric logic and impolitic language (“the American people deserve a break”), and is simply disconnected from Constitutional text or legal precedent.
It is the equivalent of my kids saying “So, there!” in an argument.
But wait, there’s more!
Beyond being merely political, the majority bizarrely state that the decision is consistent with the US Supreme Court’s Heller decision, when it is in fact completely contradictory. Talk about shades of Orwell’s “1884,” where up is down, black is white, etc.
This is not a legal decision, it is a political decision. It is a bold, defiant “I dare ya!” act by ten radical politicians wearing sombre black robes. And it is not just about guns. This decision is about rogue, out-of-control judges destroying the fabric of our Republic, which was not designed to turn over all issues to the judiciary, as if they make our every decision for us. This court throws the whole delicate machine of democracy out of kilter.
These judges are anti-democracy, plain and simple. They want a certain policy outcome, and because they cannot get it legitimately, legally, through the established legislative process, they simply want to wave a magic wand and make it so.
As much as this illegal decision shocks me, I do have to thank these judges, because they have outed themselves. By engaging in such egregious over-reach, illegally reaching deep into the realms of policy and law, they have willingly exposed themselves as frauds deserving of the most serious correction our system of government allows for – removal from the bench.
Now it is up to those American citizens who want to ‘drain the swamp’ and reclaim American government so that it serves We The People, to remove these anti-democracy activists from their sacred judicial roles. We can push to have them impeached or removed administratively.
Either way will do. Tyranny by ten cannot stand. We the People demand our rights.