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-Land of the Free
The Second Amendment Is One Supreme Court Justice from Repeal
2015-10-10
In August, my colleague Charlie Cooke wrote an epic rant daring the Left to stop talking about repealing the Second Amendment and start doing it. Introduce the repeal to Congress, work it through the states, and tell the American people what you want to do -- take from them a fundamental, enumerated right from the Bill of Rights. As Charlie eloquently outlines, repealing the Second Amendment is an impossible task. Even worse for the Left, it's political suicide.

But if the Supreme Court's decision in Obergefell v. Hodges teaches us anything, it's that the age of judicial supremacy means that five justices can amend the Constitution far more efficiently than Congress and the state legislatures. And right now there are clearly four Supreme Court justices who are committed to the absurd view that the operative clause of the Second Amendment -- "the right of the people to keep and bear Arms, shall not be infringed" -- doesn't actually mean "the right of the people" and therefore doesn't encompass an individual right to own a weapon, even for self-defense. This view defies history yet is received, conventional wisdom on the judicial Left, in much the same way that it's received, conventional wisdom that the Constitution actually protects rights to abortion and gay marriage.

It is certain that the next Democratic nominee for the Supreme Court will adopt that same ahistorical view, and if that nominee replaces, for example, Justice Kennedy or Justice Scalia, then the five-justice majority in District of Columbia v. Heller will be gone. If that majority goes, then the next gun-rights case will transform the Second Amendment into nothing more than a historical artifact of the era when the militia consisted of able-bodied men with muskets over their mantles.
Posted by:Blossom Unains5562

#3  Article II does, indeed, assuming the party that brings the impeachment has the numbers in both Houses to make it stick. A simple majority in the Senate won't cut it. Perhaps the next election will change that.
Posted by: trailing wife   2015-10-10 11:28  

#2  Article II allows Congress the power to impeach, or permanently remove from office, members of the judicial branch. Impeachment is allowed for the conviction of treason, bribery, or other high crimes and misdemeanors.

Failing to enforce the constitution of the United States is treason to me. Removing a justice just once would put an end to this nonsense.
Posted by: Sven the pelter   2015-10-10 09:54  

#1  Just need more things like this to finally remove the blinders from the rubes eyes who desperately want to believe the fantasy that its still a constitutional republic and not an oligarchy. Maybe because faced with the reality that its no longer a legitimate democratic/republican form of government they actually might have to do something, but would rather just go along thus in a sense giving their consent to be so governed.

Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed.

It's time to stop talking about tea, and long past time to question the very legitimacy of those who've rigged the system to serve their interests and their agents.
Posted by: Procopius2k   2015-10-10 08:21  

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