Saturday, June 25, 2022

The Supreme Court v New York Decision on Gun Control

 The Supreme Court just overturned a New York law that prohibits lawfully licensed people to carry firearms outside the home. Justice Thomas wrote wrote a 63 page majority opinion explaining why. Justice Alito, on the other hand, had much more to say, especially to Justice Breyer, who wrote the dissent.

Breyer spent most of his dissent quoting statistics on gun violence, including suicide, as a reason to back the New York law. Alito argued back that the liberal Justices, especially Breyer, were just saying, “guns are bad.”

MSN News reported, 'Breyer -- in writing what may be one of his last big dissents before retirement -- struck back.

"I am not simply saying that 'guns are bad,'" he said.

But he said that balancing "lawful uses" against the "dangers of firearms" is primarily the responsibility of elected bodies such as legislatures.

"Justice Alito asks why I have begun my opinion by reviewing some of the dangers and challenges posed by gun violence," he said.

Breyer said he did so because the "question of firearm regulation presents a complex problem -- one that should be solved by legislatures and not courts."'

My only question to the liberal Justices is this: What is in the Second Amendment that says the legislature can infringe on the people's right to keep and bear arms? Were does it say that only government employees are allowed to own and carry firearms?

Our so-called representatives aren't really representing the people that have given the authority to legislate and those representatives are inserting Justices and judges that are not following the Constitution of the United States of America.

The Second Amendment has been a big deal to government for quite some time. Our elected officials seem to think it is their duty to just wipe away our Constitutionally guaranteed rights, especially for protecting ourselves from all enemies, both foreign and domestic. Why are they doing everything they can to disarm the American People? Conspiracy theory says it's because they want to do things they could get shot for.

When Madison initially introduced the various proposed amendments that would later become the Bill of Rights, he proposed to insert the bulk of them, including what would later become amendments one through five, part of the sixth amendment, and amendments eight and nine, into Article I, Section 9, between Clauses 3 and 4.  His speech to Congress can be found here.

This is the portion of the Constitution which limits Congressional power over individuals.  Clause 3 is the prohibition on Bills of Attainder and ex post facto laws.

Clause 4 is the limitation on the imposition of taxes directly on individuals as oppose to excise taxes on economic transactions.  This clause has been substantially abrogated by the sixteenth amendment, authorizing the federal government to tax incomes.  In other words, Madison proposed to put these amendments into that part of the Constitution that protected individual rights of the people from the federal government. The context of Madison’s original introduction to Congress of the Bill of Rights, including the second amendment, is powerful evidence supporting the conclusion that the right to keep and bear arms was intended to confirm an individual right of the people to arms. (Madison on the 2nd Amendment & milita clause | Human Events – Bearing Arms )

Here are ten quotes from the Federalist Papers concerning the People's right to keep and bear arms:

  1. The Constitution shall never be construed… to prevent the people of the United States who are peaceable citizens from keeping their own arms.” – Samuel Adams

  2. “…arms like laws discourage and keep the invader and the plunderer in awe, and preserve order in the world as well as property. The same balance would be preserved were all the world destitute of arms, for all would be alike; but since some will not, others dare not lay them aside… Horrid mischief would ensue were one half the world deprived of the use of them….” – Thomas Paine

        3.“To preserve liberty, it is essential that the whole body of people always possess arms, and be                 taught alike, especially when young, how to use them…”- Richard Henry Lee

        4.“The supreme power in America cannot enforce unjust laws by the sword; because the whole                 body of the people are armed, and constitute a force superior to any band of regular troops that             can be, on any pretense, raised in the United States.” – Noah Webster

       5.A free people ought not only to be armed, but disciplined; to which end a uniform and well-                   digested plan is requisite; and their safety and interest require that they should promote such                     manufactories as tend to render them independent of others for essential, particularly military,                 supplies.” – George Washington

        6.What country can preserve its liberties if their rulers are not warned from time to time that their             people preserve the spirit of resistance? Let them take arms.” – Thomas Jefferson

        7.The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who             are neither inclined nor determined to commit crimes…. Such laws make things worse for the                 assaulted and better for the assailants; they serve rather to encourage than to prevent homicides,             for an unarmed man may be attacked with greater confidence than an armed man.” – Thomas                 Jefferson

        8.I ask who are the militia? They consist now of the whole people, except a few public officers.”             – George Mason

        9.A militia, when properly formed, are in fact the people themselves …” – Richard Henry Lee

        10.The people are not to be disarmed of their weapons. They are left in full possession of                         them.”- Zachariah Johnson

(10 Essential Quotes On The 2nd Amendment From Our Founding Fathers (thefederalistpapers.org)

There should be absolutely no debate at all about the People's rights. The Constitution is a legal document, not an opinion. What if the courts decided to 'interpret' the law codes however they wanted? Oh, hang on, they do; at least when it comes to the far-left radical Democrats. As far as conservative Republicans, well, the law is the law and no one is above the law.

Kudos to the Supreme Court for taking the State of New York down a notch or two. Now, if only Congress would actually stick to their Oath of Office and uphold the Constitution instead of shredding it.