The president gets scads of attention, and people tend to think of the presidency as being the position of most power in the American government. But that’s not entirely justified.
Think of it like this: Presidents are restricted by congress; they only get two terms of office, maximum; and everything they do is counteracted by a complex system of check and balances.
However, there’s another position in American government that doesn’t have any of those restrictions. Can you guess what it is?
It’s the position of Supreme Court Justice. Supreme Court justices have lifetime appointments; they aren’t shackled by congress, and their decisions are the final word on what is implemented as law of the land.
That’s why when the Supreme Court loses a conservative stalwart like Justice Antonin Scalia, it’s a huge blow to the conservative movement at large.
Conversely, losing a conservative Justice makes liberals feel like it’s Christmas morning, cause it gives them an opening to shoot between the Republican goal posts.
That’s exactly what’s happening now, especially on Second Amendment rights. Justice Scalia championed gun rights throughout his entire career as a Supreme Court Justice, and now liberals think they’re about to get the chance to undo all his hard work.
Breitbart fills in the details:
The late Supreme Court Associate Justice Antonin Scalia was a bulwark for the individual right to keep and bear arms.
He voted with the majority in the seminal case of District of Columbia v Heller (2008), a decision that defended the right to keep and bear arms as one individually possessed rather than collectively held. Two years later he voted with the majority in McDonald v Chicago (2010), a decision that clarified the protections on the individual right to gun ownership by showing that Second Amendment rights are incorporated with Fourteenth Amendment protections.
Heller resulted in the abolition of the gun ban in Washington DC, a federal district.McDonald resulted in the abolition of the gun ban in Chicago.
The fact that Second Amendment rights are individual—like all other rights in the Bill of Rights—means the federal government cannot infringe upon them. The fact that they are incorporated means cities and states are limited in actions they can take to curtail the exercise of Second Amendment rights as well.
Criticism of Scalia was intertwined with criticism of both Heller and McDonald. For example, The New York Times responded to Heller by intimating that Scalia had literally created the individual right to keep and bear arms in 2008. They denied the existence of any “individual right” to keep and bear arms in the Second Amendment, but suggested Scalia found one anyway via Heller. For this reason, NYT pointed to judge J. Harvie Wilkinson III, whom the Virginia Law Review quoted as saying, “Heller represents a form of judicial activism that is new, yet familiar.”
The Los Angeles Times followed the same pattern. While not naming Scalia by name, they did name Heller and made clear the LA Times editorial board’s position that Heller created a right which had not previously existed. The Associated Press went a bit further, claiming Heller and McDonald combined to “a nationwide right to defend one’s home with a gun.”
Breitbart News previously reported that the one of left’s goals in keeping the Hellen andMcDonald decisions at the forefront was to set it up for reversal when a Supreme Court majority could outvote Scalia and his fellow defenders of intrinsic, God-given rights; the very rights Thomas Jefferson was referencing when he declared the colonists had been “endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and pursuit of Happiness.” Jefferson wrote that the chief end of government is “secure these rights,” not to pillage them.
Scalia concurred and stood for their defense. And that included defending the individual right to keep and bear arms (Heller) from machinations coming from all levels of government (McDonald).
It’s both shameful and discouraging that liberals are salivating like this after Scalia’s death. It hadn’t been 48 hours before liberals started positioning to fill his seat with one of their freedom-hating comrades.
Give us your reaction in the comments.
First my credentials: I am a card-carding lifelong member of the NRA, a concealed carry advocate (my cow is a springfield armory xds9 loaded with Hornady jcp 124 grains),I am more libertarian than conservative but have few if any liberal tendencies, nearly fifty years as an educator, both high school and university in the areas of social sciences. All that to modestly claim that I know about what I speak. The notion of separation of powers, i.e. balance of powers, may be the most important part of the Constitution. It is intended to keep any one branch of federal govt from becoming all powerful. The president has veto power, congress can override veto with 2/3rds majority of both houses, supreme court can hear cases questioning the constitutionality of congressional legislation (Marbury vs. Madison). And of course, the ultimate aim of govt would be gridlock, no party ruling all three branches. In my opinion the best government is the least government. It is the president’s responsibility according to listing of presidential powers to appoint, with approval of Senate. It says nothing about not filling vacancies because it is the last year of a second term. The president is expected to continue to perform his/her duties until a successor is elected and sworn in. Any deviation from the responsibility would be a dereliction of duty. The president must nominate a candidate to replace Scalia. The Senate must go thumbs up or thumbs down. If it happens that this “gridlock” continues until the next inauguration, so be it. I like a 4 – 4 split court anyway.
Well said and I couldn’t agree with you more. That is why we need term limits for Congress and the Supreme Court. These career politicians gain too much power and forget why they are there and are only concerned about their power base and their bank accounts. And not to forget that Scalia did NOT die a natural death. That is why the government rushed in and had him embalmed in El Paso so quickly.
Good post. But we need to keep the Constitution violating left wing nuts off of this high court. They are a serious threat to all of our rights, not just our gun rights. Also, those in power, would be deemed absolutely insane, if they were to ever attempt mass disarmament of the American public. They would literally be starting the second American Revolution, because Americans aren’t about to lay down so easily, and allow a bunch of corrupt lawyers and politicians steal our rights, or our guns.
I think there dancing because they got away with another Assassination !!
Obama is the most recent individual who in one of his infrequent visits to congress as a member filibustered the republican president’s nomination for the supreme court. The circumstance were the same. last third of last term. He said it should be up to the new president to appoint the justice. My choice for the next supreme would be Ted Cruz.
Honestly it really does not matter what the Supreme Court says about gun rights, They will only turn a true American patriot into an illegal gun toting outlaw! I’m not giving up my guns for nobody, the only thing that changes is my status. To quote the great Charleton Heston, “You can have my gun when you take it from my cold dead hand”!
Liberals…scum of the Earth. They can all kiss my Lilly white ass. come and take em.
Well spoken,james!
My thanks to Len Smith for doing such an immaculate job of spelling out just what is going on constitutionally, regarding the appointment of someone to fill the vacant Supreme Court seat. I’m afraid that I’m a bit more of what you lot would regard as a progressive and a liberal, though my close friends feel that I am much more conservative than I like to believe. I’m from Illinois, lived and worked in California for most of my adult life, and must say that I differ with the Democrat Party on several issues. One of those issues is the way gun control is implemented. However, regardless of the ridiculous amount of rhetoric to the contrary, not once have I heard the president make an attempt to confiscate our guns. I’m not a member of the Democrat Party. Neither am I a member of the Republican party. From my observation and study of our history, the corporatists, who largely control the so-called conservative party, have done little, if any, to benefit the common man in this country, and the current bag of nut-jobs who represent the cream of the Republican crop, do not stand to improve on that record. James Andrews seems to feel that keeping the “left wing nuts” off the bench will somehow serve to preserve our freedoms. I, personally, believe that having someone who is more sympathetic to the needs of the people than those of the minority of wealth and power is a more logical desire. There was a time, in the not too distant past, when being considered a “liberal” and a “progressive” thinker was a compliment. The so-called “conservative” media have reversed the order of things to the point that Teddy Roosevelt and Franklin D. Roosevelt would, today, be reviled for their views and contributions to America’s greatness. My feeling is that these right wing “wheel weights” would have fit in much more comfortably in the Germany of the mid-twentieth century. They would have found common ground on many issues. Balance of governmental power would not have been one of them.
I agree with both of you. I would also like to say that I mourn Justice Scalia’s death & I have questions as to the mysteriousness of his death & how rapidly he was embalmed & his death was assumed natural by a Coroner 60 some miles away without seeing the corpse & taking the word of a law enforcement officer that it “appeared” to be a natural death. Since the body was embalmed so quickly, the world will never know for sure that it was indeed a natural death. Now the Left wants to quickly appoint a replacement Justice of the left lean against the will of the Right & I feel this isn’t just nor is it correct. I believe this decision should remain for the New President to appoint the replacement.
If the Liberal anti gun anti people’s rights group are allowed to place another Liberal on the Supreme Court; thenAmerica will be soon headed down a dark road. This path will lead to the self destruction of America, it will lead to the abolishment of most of our rights as we know them today. Without the continuance of the Second Ammendment, all other Ammendments wil be in jeopardy. Those American citizens had better wake up and realize that the 2nd Ammendment will only be the first of our rights to go but most assuradely will not be the only right that we lose. Without our guns and the right to protect ourselves, our family and neighbors and most important, the right to protect this country from tyrannical forms of goverment; all will be lost. Our goverment will not stop at a socialistic form of goverment but catapult all the way to a dictatorship in short order.
As for me NJ would the first to repeal the Second Amendment along with Michigan and Cali, the main liberal source. This really infringes our rights as US citizens and those who swore to oath to protect us. Instead they want to implement Sharia Law so they can have fun loping off our heads because of the Satanic religion, Islam. Mitch McConnell and Obama are nothing more than anti-American people who want to repeal the entire constitution. I find it Ironic that we, the American people, should start making new Amendments that repeals the First Amendment for Muslims ONLY and that they have to follow Sharia law under our laws. Scalia was murdered by the Clinton family and the cremation of Scalia was too quick to do an autopsy which tells me that our own government is planning to implement Martial Law and also implementing Sharia Law because of these damned Muslims who believe in Allah, the moon God, thinks they are more superior. They’re not, Allah is the other name that Satan resides too… I would say start killing Muslims because they are NOT WELCOMED HERE!!!! Impeach Obama for being a Muslim because no Muslims shall not be President which is one of the Amendments I wrote down, but its not ratified yet…..
This is why president Obama is in such a hurry to appoint the next judge! If the republicans let him have his way like they do on everything else, then we can kiss our second amendment rights goodbye and our freedom of religion! We the people have to make our voices heard or else they will give in and we won’t be able to defend ourselves against Isis or any other criminal who desires to take our life! Vote for Trump and we will get a good leader that won’t let this happen!
sheila trump is hillerys plant. hes not a conservitive he gives the clintons money all the time he’s a democrat like he has always been if u have been listening to him he’s already been flip flopping on the immagration now he don’t know if he will build the wall or not or if he will deport most now its up in the air. He will win the nomanation and then lose in a land slide to hillery cliton
Charles, I have been saying the same thing since Trump entered the race. He is a plant from Lady MacClinton’s camp. He’s been chummy with them in the past and his REAL views are too far left for my liking.
‘The Dick Act of 1902- States that The Unorganized Militia (the citizens) have the Right to own any type of arms and as many as they can afford to buy.’ The very wise politicians were concerned about the American citizens not being armed to stop any enemies`a from trying to takeover our American Republic with our Freedoms, Liberties, Rights and Laws. The US legal Citizens need to uphold and fully support OUR US CONSTITUTION, as it is Our treasured legal document that upholds OUR RIGHTS by birth and by LEAGALLY entering the US Department of Immigration Process for becoming a legal and honest citizen of The American Republic, and upholding ALL of Our Rights to make Our own Choices, and not Our Foreign President’s TREASON of overthrowing America for The United Nations Takeover of the USA, with AGENDA 21, The SEA TREATY, The ARMS CONFISCATION, The UN Justice System instead of the USA Judicial System by the US Constitution, and the Christian Judeo System Laws. The Disabilities Act of INHUMANITY which lets the UN decide how to raise your children, or to eliminate those citizens they feel are threats. If you are the ACLU or a US Citizen who is trying to take our GUN RIGHTS AWAY-perhaps you should leave the USA and find a new home elsewhere. And any group who is purposely inciting business owners rights of refusal of service, by announcing your conflicting sexuality choice, then you should be the named offenders of Our Rights in the USA
When a US PRESIDENT breaks his OATH OF OFFICE, and proclaims that HE is NOT GOING TO DISCHARGE THE DUTIES OF THE PRESIDENTIAL OFFICE- Then The 25th US Amendment states that the US Vice President Joe Biden should be immediately given the Oath of Office to finish the Obama term of office until the Newly elected legal US President is elected and sworn into the Oval Office. Number Eight US Code 1182, Public Law 414-June 27,1952 revised the laws relating to immigration, naturalization, and Nationality for the United States
and remains in effect today. Islam, by law, is prohibited from US immigration. found in Chapter 2 Section 212, is the prohibition of entry to the US if the Alien belongs to an organization seeking to overthrow the government of the United States by “force, violence, or other unconstitutional means.” This LAW is being ignored by The White House, Islamic immigration to the US would be prohibited under this law because the Koran, Sharia Law and the Hadith all require complete submission to Islam, which is antithetical to the US
government, the Constitution, and to the Republic. All Muslims who attest that the Koran is their life’s guiding principal subscribe to submission to Islam and its form of government, it says ANY “organization” that advocates the overthrow of our government are prohibited. No US States can add Sharia Law to the US Laws, and no First Muslim Women Judges should be allowed in the USA. Soetoro should not have been given a VISA
to attend college in the USA., as He has attended the Muslim Schools and Mosques, and has a hatred of the US.
Obama’s Plans to turn America into a Muslim Caliphate is TREASON, as He is not obeying the US Constitution.
The President can appoint whom ever he chooses, but the Senate has the final word. All of this huffing and puffing is totally unnecessary, as long as our Republican Senate controled doesn’t confirm his appointment. Besides if we build our own weapon, the government won’t know what guns you own. As a matter of fact this site has all of the information you need to build your own Ar-15 and 1911.
I still say , it is a untimely death and this is Obama last term in office, but l think he will stay in the third term because they are breaking all laws They can not have any one going against them now
Don’t call them “LIBERALS” that gives them legitimacy.
They are far, left wing, radical, extremist, MINDLESS, SLOBBERING, Alynski-ite socialist-democ-RATS.
Alynski-ite MINDLESS, SLOBBERING FOOLS are more of the proper description. Not liberal
I looked up two, 2nd Amendment, ‘Supreme Court of the US’ (SCOTUS) cases, Heller vs D.C. and McDonald vs Chicago. Both were decided by a 5 – 4 vote.
With Scalia gone, future outcomes will be 4 – 4.
In the case of ‘ties’ the lower court rulings stand.
We can’t have have the ‘amateur’ in the White House appoint another Justice. Kegan and SotoMayor don’t have any American values or morals.
Comments are closed.