Posts Tagged → new york state
Will the US Supreme Court go rogue in the Corlett decision?
The US Supreme Court says it will hear arguments in a major Second Amendment (gun rights) case brought by the New York State Rifle and Pistol Association (Corlett, docket number 20-843) against the State of New York.
These two opponents are now met in legal battle, and the US Supreme Court is the final battlefield upon which the outcome will be legally determined. Legal being a kind of tenuous word these days, as all kinds of government agencies have taxpayer-paid staff who now illegally behave any damned way they want, with no legal accountability. The illegal behavior of the “public servants” raises the question whether the official decisions the various government agencies are then issuing are actually legal, and whether or not citizens should give a fig about them.
The case facts (the policy question) of Corlett are right out of the Constitution’s Second Amendment: The right to keep and BEAR arms. New York State says no, citizens have no intrinsic or Constitutional right to carry concealed or unconcealed firearms outside of their homes, without the state’s approval. And thus has New York State made getting a concealed carry license very difficult, and the penalties for law-abiding citizens who do carry without a license extremely harsh.
As you might guess, the New York State Rifle and Pistol Association believes the opposite. They contend the plain meaning of the Second Amendment means what it says: To bear arms is to carry them in public, while the keep arms part is about having guns in your home. No license or government approval beyond what the Second Amendment says is necessary to keep or bear firearms, nor is government interference in such an individual Constitutional right lawful.
Moreover, they point out that the public policy question is on their side, because concealed carry permit holders are overwhelmingly law-abiding and safe. It does stand to reason that the people who go through the government red tape rigmarole presently needed to get a carry license are people who innately believe in following the law, in contrast to gang members and other urban scourges who carry and use guns illegally as part and parcel of their daily living. Therefore, New York’s stated purpose of limiting carry licenses for public safety and crime reduction is not only meaningless, because the current policy fails on both counts, it is actually having the opposite result. States with liberal concealed carry laws have seen a greatly reduced amount of violent crime, because would-be criminals understand they may encounter deadly force in response to their criminal behavior.
Many gun owners are excited about this case, after so many years of the Court declining to hear appeals of lower court decisions that were completely contrary to the Heller and MacDonald holdings (which were both strongly in keeping with the plain language of the Second Amendment’s very broad guarantee of individual gun rights). Well, hold your horses, people. The US Supreme Court has declined all kinds of appeals of lower court infringements of not just 2A, but what are in essence complete overturns of Heller and MacDonald precedents. The Supreme Court majority has allowed these lawless lower court decisions to stand. When the Court declined to hear appeals of lower court decisions on gun rights that were contrary to established Supreme Court precedent, the Court was more or less agreeing with the lower courts. The result has been a slow chiseling away of Constitutional Second Amendment rights by political activists sitting on lower courts, a slow erosion of the Supreme Court’s standing among and relevance to the citizenry, and a very clear message to Constitutionalists from all the courts: Do not hold hope for the American court system to protect individual American civil rights.
America’s court system is just as politicized and dysfunctional as the rest of our federal government. This is due to the divergent natures of the two types of people inhabiting our courts: Leftist activists for whom the law means nothing but a randomly opportunistic pathway to implement socialism and tyranny, and moderates who cannot be troubled to make a stand on hardly anything at all. So the moderates get swept away by the anti-law socialists. The Supreme Court is subject to these same forces.
Think about how America is still in the aftermath of the Court declining to hear enormously important cases about how some state administrative agencies (Pennsylvania’s Department of State being one) had unilaterally and illegally changed their state election laws right before the 2020 election, bypassing their own state constitutions and laws. And yesterday the Court sided 6-3 with a criminal illegal alien who fought his deportation on the grounds that the US Government had failed to give him “sufficient notice.”
Whiskey Tango Foxtrot.
If you are a convicted criminal illegal alien, the US Government and the citizen taxpayers empowering it owe you nothing but a swift kick in the ass on your way out of America.
To be blunt: Because the Supreme Court allowed the 2020 election to be stolen, and would not even hear the monumental legal and policy issues raised during the steal, why would any of us believe they will stand in the way of the government trying to steal our guns?
If any particular official government entity or group of individuals is responsible for the destruction of America’s rule of law, it is the Supreme Court. No wonder fewer and fewer Americans have confidence in or loyalty to this failed government entity.
So, if you are one of the people salivating over the prospect of the Court hereby upholding the Second Amendment rights of the citizen serf in Corlett, you are DREAMING. Do not raise your own or anyone else’s expectations about the Supreme Court now swooping in to set things right on the Second Amendment. If anything, we should be prepared for this lawless body packed with leftist activists and cowards, with just a couple of loyal patriots (the two Constitutionalists Thomas and Alito), to throw the Second Amendment overboard. If anything, we should be raising people’s preparation levels for defending our 2A rights by all means necessary. The US Supreme Court has gone rogue and no American should look to the compromised traitors in it to provide any relief to USA citizens.
So come what may, regardless of what will be the Supreme Court’s latest decision on the Second Amendment, New York State citizens may yet determine on their own what they believe their individual rights to be, and also what the limits are on government interference in the private lives and rights of citizens. After all, both government and these various courts were established to resolve differences in favor of citizen rights that are already very clearly spelled out in our founding documents, including in New York’s own constitution. All of America’s founding documents were written and established to limit government and to elevate the citizen over government, a situation now being reversed in a nationwide atmosphere of autocratic government totalitarianism. New York State being an Exhibit A. Which the Supreme Court may well reinforce in its Corlett decision.
New York citizens may choose to protect themselves as they see fit, perhaps with a concealed handgun minus the license part. Obviously this is presently at some risk to a person’s liberty, due to New York’s anti-Constitution state administration.
And this raises the bigger question here: Will enough Americans rise up and re-assert our collective ownership of this thing called government, which has gone totally rogue and turned against us, the citizen taxpayers? Unfortunately, blood is probably going to flow in answering this question. We freedom loving citizens are being attacked and damaged by anti-freedom people who want full control of everyone and every decision we make. Human history demonstrates that only brute force can determine who prevails in these kinds of contests.
UPDATE: Reading the Washington Post assessment of this case provides insight into the minds of tyrants. The Washington Post wonders aloud what will happen if the Court is “too broad” in its reading of what can only be plainly read as a very broad individual right to keep and bear firearms. As a mouthpiece for the radical Left, the Washington Post sends public messages from elected officials to everyone else, and so they wonder if a “too broad” interpretation of the Second Amendment will result in the Court being “overhauled” by the Democrat Party with an increase in the number of leftist activist justices sitting on the bench. You can’t make this stuff up, and they are proudly stating up front that if the Left does not get what it wants, which is official tyranny via the Supreme Court, then they will artificially install a new Supreme Court that will give them the policy outcome they want, democracy be damned. When people use democratic processes to achieve non-democratic results, you are dealing with pure evil. Well, what am I saying…these people stole the 2020 election in broad daylight, so what else should be expected? My advice: Gentlemen, prepare to defend yourselves!
UPDATE May 2nd, 2021: The Supreme Court discredits itself yet again. The Court has declined to hear one of the most salient lawsuits of our time, that brought by Laura Loomer, whose weighty complaint to the Court was that the Big Tech digital media are illegal monopolies who illegally discriminate against Americans, and thereby violate citizens’ First Amendment free speech rights. Loomer being the Exhibit A of the moment. And we all know an awful lot of “cancel culture” discrimination by Big Tech has been going on the past twelve months, affecting at least a third of the American citizenry, and you would think a reasonable Supreme Court would want to weigh in on this problem. But no, the Supreme Court continues to behave disgracefully and kick away the sniveling little wretches who keep showing up at the carriage door begging for some relief from their oppression.
This Court is daily diminishing its own usefulness and relevance to the American People, and the only answer why this is, is that the Court’s majority no longer sees themselves as part of the American republic or as guardians of the Constitution that holds the republic together.
If not us, We, The People, then who the hell is the Supreme Court working for? I think the Corlett case is going to demonstrate exactly who the Supreme Court is protecting and promoting these days: Tyrannical Big Government. I hope I am wrong, but looking at all these decisions the Court is making, including Loomer’s case, it is clear the US Supreme Court is AWOL.
Don’t you go and feel all alone if the Court’s anti-Constitution behavior leaves you thinking their decisions no longer have a binding effect on you. The Court is clearly now made of tyrants, and tyranny has no role or place on American soil, and they have no claim on the allegiance of the American citizen, much less our obedience.
Trump Great American Outdoors Act hits Conservation Home Run
Conservation is where I have spent my entire career, and it is where my heart resides day in and day out. So it is with great happiness that I see President Trump sign into law the Great American Outdoor Act, which will do the nuts and bolts environmental protection America needs, without the regulation that America does not need.
The fact that so many political appointees within the Trump Administration were cheerleaders for the GAOA says a lot about the political tenor there. So many people accuse the Trump Administration of being some kind of radical “right wing” blah blah, and the fact is that the entire administration is loaded with middle-of-the-road professionals, who hold a mix of political, philosophical, and ideological views. In past Republican administrations, there were plenty of appointees who would have blocked GAOA, or held it up. GAOA is a signature achievement for President Donald Trump, and it is a huge win for Americans.
GAOA fully funds the Land and Water Conservation Fund for the first time in a zillion years. It provides adequate funding for federal and state parks infrastructure updates, operations, and maintenance costs. These are the costs that are always deferred in every administration. It is a subject I wrote my master’s thesis on at Vanderbilt University, and it is a subject that has never gone away, until now: Federal recreational infrastructure has been woefully underfunded for decades. Many state parks across America are in even worse shape than that National Parks.
For example, in 2016 my teenage daughter and I hiked half of the Northville Placid Trail, which runs through the Adirondacks. At the end of our ninth day, as we waited out a looming thunderstorm in a rustic but comfortable lean-to deep inside designated wilderness, on a hike in which we had encountered only a few other people, my daughter sat looking at her dead iPhone. Like Gollum looking at The One Ring, only my daughter looked more disgusted and glum than happily mesmerized.
“I have to get out of here. I want to talk to my friends. I want to know what is happening in the world. We need to go,” she said, and picked up her backpack, jumped down onto the grass, then shouldered her backpack.
Oh, I tried to persuade her to spend the night and stay out of that coming downpour. But she would have nothing of it, and she set off by her own teenage self, going somewhere, maybe anywhere, and I was standing there watching her pick her way into the forest.
Hours later we emerged at Moose River Plains, what maps describe as a rustic New York State recreational area tucked away deep in the Adirondack wilderness. What we found was a boarded up main building, boarded up out buildings, no gate, and no official staff. Instead, a bunch of locals who regularly camp there had taken over the official duties of park rangers. Even the land line phone system was not working. It was a very kind local who drove us, each drenched to the bone and with sodden packs, to the closest village, where we could contact our driver and get back to our own vehicle parked at a Baptist church in Northville, so my daughter could get home and talk with a zillion friends simultaneously.
Turned out that Moose River Plains was victim to a New York State budget that prioritized funding illegal aliens, but not state parks.
The Moose River Plains experience was worse than our visit the year before to Saratoga National Battlefield, by far. But seeing Saratoga National Battlefield, where the brave fight for American freedom and independence was won, in such terrible disrepair and threadbare means, was frankly shocking. One expects the National Park Service to do so much better. And when we spoke with a park ranger there, she was clearly hurt, personally, as she explained the money constraints that park faced. NPS just could not get the job done.
All of this is to say that finally, money floweth in the right direction. The need out there for public infrastructure is almost beyond compute. It is about time that America invested in our national parks and forests, state parks and forests, local and county parks, and the myriad other adjunct little recreational areas, like Moose River Plains, so that Americans might enjoy our public outdoors.
And about that public outdoors thing: Public land is a public good. Public land is one of the very few things that government does pretty well. And even when government land managers fail, the outcome is almost always simple neglect; the land always remains, the wildlife habitat remains. Which means the opportunity for recreation, hunting, fishing, hiking, camping etc remains. It is not a real material loss when land managers screw up or there isn’t enough money to operate the park entrance gate house; just missed opportunities, and putting a frowny face on a public symbol.
Congratulations to President Trump for pushing hard for GAOA, for hiring the right kind of land management staff and public lands leaders, and for caring about our public lands at all levels – local, state, and federal. Trump understands Americans, and he knows how much we care about our public lands, our state parks. And he knows how important it is to constantly invest in those places, so that they don’t fall into disreputable disrepair, like Moose River Plains had fallen.
One of the parts of GAOA that is so very appealing to me is the public land acquisition funding. As development never sleeps, what were nice public spots to hunt or hike in suddenly find themselves cut off or surrounded or overrun by development. It is nice that states and local governments will finally be able to buy that ‘Mabel’s Farm’ the community always wanted, and could not afford.
There is going to be a lot of Mabel’s Farms bought with GAOA money in the next few years, a lot of Nature conserved, and a lot of communities and hunting places protected, as a result. Thank you, President Trump, conservationists everywhere appreciate your leadership on this important policy area.
With special people at Yosemite. Can we imagine America without Yosemite? It takes money to protect these special places.
My daughter at the unhappy lean-to. But still, it was a functional, dry lean-to next to clean water in the middle of ADKs wilderness
Our friends Mark and Amanda at Leonard Harrison State Park, overlooking the Pennsylvania Grand Canyon
My daughter at Cedar Lakes, a special moment that spurred her on to teach wilderness backpacking to kids. Now she can’t wait to reach the area of no cell reception