Why Believers In The 2nd Amendment Can’t Depend On The Courts

We as Americans like to think that, at the end of the day, no matter how much elected officials try to impose tyranny upon us, the court will stand up for our rights and balance the legislature and executive branches with good ole fashioned constitutional beat downs.

Yet, if that was the case, decisions like Heller v DC and MacDonald v Chicago would have been decided by the Supreme Court by 9-0 rulings in favor of the 2nd Amendment.  Yet, the result in actuality is that the 2nd Amendment still exists in America because of a single vote.

Why is that?  Because judges are not paragons of infallibility…they are simply people who SHOULD follow the Constitution but when it comes down to it are just as likely to ignore their oath as a politician is.  And speaking of politicians, on the Federal level, judges are appointed BY politicians.

At this point we have to look at who is doing the appointing.  Recently, since the Democrats changed the rules in order to hijack the process and force all of Obama’s left wing radicals through with no ability by Republicans to filibuster and actually force the question of whether they are qualified or, you know, BELIEVE in the US Constitution, the makeup of the Federal Court system has had a diametric shift.

For the first time in over a decade, judges appointed by Democrat presidents far outnumber those appointed by Republican presidents.  Of the 13 US Courts of Appeals, Democrat appointees hold a majority on 9 of them.  The Supreme court does not hear every case, so these are the courts that will be doing the heavy lifting in deciding whether what Mr. Obama does is Constitutional or not.  This ranges from gun control, to immigration, environmental actions etc.

As gun hating Senator from New York Chuck Schumer put it:

“With all the gridlock, it is forgotten that one of the most profound changes this Congress made was filling the bench.  This will affect America for a generation, long after the internecine battles on legislative issues are forgotten.”

Another gun hating Senator, Richard Blumenthal from Connecticut has put it this way:

“The rawness and the starkness of the political clashes in the courts has highlighted the need to have people there that are of an ideological like mind.

In other words, he wants to stack the courts with gun grabbing zealots like himself, Schumer and Obama.

While it is true that just because a person is appointed a judge by one political party does not mean they will side with that ideology, it does seem that Republicans tend to nominate sleeping liberal lions to the bench that make them regret it for years.  One of the more well known cases of this being Justice David Souter who was appointed by the first President Bush in 1990 only to be a solid liberal minded Justice for the next 29 years.

But he is far from the only one.

President Reagan appointed Fedearl Judge Richard Posner who apparently hates tradition, stating “How can tradition be a reason for anything?”

From barbwire.com:

It would seem that Posner’s contempt for tradition extends to all things sexual, up to and including the puritanical presupposition that it’s always wrong for a man to rape a woman. 

Posner’s suggestion? Perhaps it’s time the government begin issuing “rape licenses” (I kid you not) since, and based upon an exclusively utilitarian and morally relative cost-benefit analysis, the “right to rape,” for some men at least, “exceeds the victim’s physical and emotional pain.”

By all means read more of this fascinating article here: Federal Judge Envisions ‘Rape License’ for ‘Right to Rape’


So what’s the point of it all?

The Constitution and the rights enumerated therein are absolute…the courts and those who rule on them are not.

For Example:

Another Judge Fails the 2nd Amendment – Upholds Rifle Ban

Supreme Court’s Inaction Fails Gun Owners Again

Another Activist Judge, Another Double Standard Stickin It To The 2nd Amendment

The best we can do is to elect people who will appoint the best people for the job and hope.  Because I can all but guarantee that people like Obama, Schumer and Blumenthal are NOT letting some hidden Libertarian minded gun rights judge anywhere NEAR a federal bench.

But even the Republican party can appoint duds.

So vote for the candidate who you hope will appoint the best person to protect your rights…

but keep your powder dry 😉


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