For the second time in two days Barack Obama sides with the “wrong” Supreme Court Justices.
For nearly a century the prevailing legal interpretation of the Second Amendment, invented by anti-liberty leftists in government and academia, has been a contrived fiction. This interpretation held that the Amendment did not protect an individual’s right to own a gun. Rather, it conferred on government a so-called “collective right” to issue guns to on-duty National Guardsmen.
Of course it’s obvious from even a casual study of the history of the times that the founders were not the least bit concerned with governments having the power to arm their troops. The founders’ fundamental mission, expressed in the Declaration of Independence, and throughout the drafting of the Constitution and Bill of Rights was to protect individual liberty from the inevitable tendency of governments to become too powerful and oppressive.
The notion that the founders intended for the Bill of Rights, a list of protected individual rights, to include an assurance that government troops could be armed, is preposterous.
Yesterday, the Supreme Court struck down a thirty-two-year-old Washington D.C. law forbidding individual ownership of firearms. In a major, historic ruling, the court affirmed the intent of the authors of the Second Amendment to protect a preexisting right of individuals to own guns.
The Justices in the minority put enormous effort into rehashing all the specious arguments of the past 100 years to defend the tortured “collective right” interpretation. Here are a couple of excerpts from the minority’s dissenting opinion that summarize their thinking:
“…nothing in the Constitution protected the use of arms outside the context of a militia authorized by law and organized by the State or Federal Government.”
“In 1901 the President revitalized the militia by creating the National Guard of the several States.”
Senator Obama’s reaction to this historic Supreme Court Decision:
I have said consistently that I believe the second amendment is an individual right. And that was the essential decision that the Supreme Court came down on.
This video, part of yesterday’s post regarding the Supreme Court’s death penalty decision, Senator Obama is asked what sort of judge he would appoint to the Supreme Court. He answers that he considers Justices Bryer, Ginzberg and Souter to be “very sensible judges.” Previously, he has asserted that Justices Thomas, Scalia, Roberts and Alito are the “wrong” kind of judges for the Supreme Court. As a Senator, Obama voted against confirmation of both Alito and Roberts.
Which Justices voted to deny us the right to own a gun and supported the outrageous “collective rights” theory? Justice Stevens and the three that Senator Obama held out as examples of the kind of “sensible” judges he would appoint to the court: Justices Bryer, Ginzberg and Souter.
Which Justices voted to uphold the Second Amendment’s protection of free people’s individual rights to own firearms? Justice Kennedy and the four Senator Obama says are the wrong kind of judges: Scalia, Thomas, Roberts, and Alito.