Often times I hear believers in the 2nd Amendment too easily scoff off defeats in elections, legislation or trials in lower courts saying, “it’s Constitutional so eventually the courts will rule in my/our favor”.
Much like using deadly force is a last resort, so too should we begin to understand that the court system should be a last resort as well. Believers in the 2nd Amendment should work hard and fervently in getting candidates who actual believe in what the 2nd stands for elected so that they can put forth pro-gun legislation that expands and strengthens the 2nd Amendment.
We should work hard to elect executives that appoint judges that actually believe AND understand what the 2nd Amendment is and take to heart what “shall not be infringed” is talking about.
We need to hustle and get out for the small elections in order to elect sheriffs and lower court judges who will not turn their back on the 2nd Amendment. A pro-gun decision from a lower court is easier to keep than an anti-gun decision is to reverse.
To summarize, the courts should not be the go-to and only course in order to protect the 2nd Amendment. It should be like the emergency fire hose in a building which reads “Break Glass and Use in Case of Emergency”.
Why this sudden unwariness in the courts you ask? Simple really. Judges are people and more often it seems that they are letting politics and their own biases shade the constitutionality of things that should be obvious.
Think about it. 4 supreme court justices DON’T BELIEVE IN THE SECOND AMENDMENT as it relates to an individuals right to keep and bear arms. We were one vote away in Heller from having a government freely able steal our failsafe of freedom.
But even more recently, the court system has been failing not only the 2nd Amendment but liberty itself.
In Mississippi, Liberal hack Circuit Judge Winston Kidd conspired with the DA of Hinds county, Robert Smith, to circumvent the will of the people. Smith waited until the last possible moment in order to file a suit trying to block the law from being enacted and Kidd was a willing participant in the rouse, placing the injunction Friday night, stopping the law from taking effect the following Monday.
Now, this is the point in the dog and pony show where many of my fellow 2nd Amendment advocates like to point out and say, “don’t worry, this is just one rogue judge and the MS Supreme Court will straighten this out”.
Yeah…they straightened it out. In a show of judicial cowardice that has been on the rise lately, the MS Supreme Court refused to block the injunction for a “procedural” reason.
The three justices on the Supreme Court panel stated that the court:
“expresses no opinion respecting the merits of the matters pending before the circuit court.”
The Mississippi Supreme Court, who is supposed to uphold and protect the Constitution from activist and revisionist judges opted not to have an opinion. Their inaction thus deprives the citizens of Mississippi their constitutional right.
Perhaps the Mississippi Surpeme Court was only taking a page out of the US Supreme Court’s playbook. It seems the Roberts Court has grown fond of judicial cowardice.
Recent examples include the sign-off on Obamacare via a loophole. The majority of Justices ruled that the unconstitutional personal mandate was in fact a constitutional tax. The court thereby passed the buck on and refused to rule on whether forcing a US citizen to buy something just for being alive was unconstitutional.
Before that, the ruling of Heller itself was a lukewarm wishy washy decision leaving open what “reasonable” gun control measures could possibly be when you have an amendment that states of itself that “it shall not be infringed”.
Then we have the decision last week. Not DOMA, right or wrong they at least made a decision there and they may have inadvertently helped the 2nd Amendment by it. I’m talking about their “ruling” on Prop 8.
For those of you who don’t know, Proposition 8 was a legally and lawfully executed ballot measure that the voters of California voted on banning gay marriage. The opponents of Prop 8 didn’t like the outcome at the polls and as such sued to have it blocked.
Governor Brown and State Attorney General Harris also didn’t like Prop 8 so they REFUSED to defend it. A liberal court then easily blocked Prop 8 from taking effect. Since Brown and Harris refused to fight for and appeal the arbitrary decision that disenfranchised MILLIONS of legally cast votes, the official sponsors of Prop 8 took it upon themselves to appeal.
They appealed all the way to the US Supreme Court.
Once again, Roberts Court decided to show cowardice rather than make a ruling. Robert’s Court decided that the official sponsors of Prop 8 did not have standing to appeal the lower courts ruling. Basically, the Supreme Court sidestepped the need to make a ruling by stating that they plaintiff’s didn’t have the right to appeal.
So in California, 7,001,084 peoples votes were invalidated and their ability for judicial redress denied because their Governor and State Attorney General disagrees with them. And the US Supreme Court is ok with that.
Of all the cowardice and half measures and loopholes that the current Supreme Court has shown in recent years, the ruling on Prop 8 is the most damning. It basically allows for the invalidation of the people’s will based on one or two peoples biases.
Why even have ballot initiatives in the first place if there is no recourse when the executive branch of the state will just say “no” if he doesn’t like the outcome?
This is the problem with banking on the Courts to fairly and correctly interpret and enforce the US Constitution. When you bank all your hopes on a court filled with ignorance and cowardice, you can never be certain how it will end up. But once they rule…there are no do overs.