Posts Tagged ‘Second Amendment’

Brett Kavanaugh for SCOTUS Roundup

Tuesday, July 10th, 2018

Lots of reactions this morning to President Donald Trump’s nomination of Brett Kavanaugh to the Supreme Court.

First up, Jonathan Adler of The Volokh Conspiracy offers up an overview of Kavanaugh’s career (including links to his decisions):

Judge Kavanaugh is widely respected on the Supreme Court. Many of his clerks go on to clerk at One First Street. More importantly, his opinions attract notice from the justices. Several of his dissents have been vindicated by subsequent Supreme Court decisions. His dissents showed the way for the Court in Michigan v. EPA (White Stallion Energy Center v. EPA concerning mercury emissions), UARG v. EPA (CRR v. EPA concerning GHG emissions), Free Enterprise Fund v. PCAOB (concerning separation of powers), and D.C. v. Wesby (concerning qualified immunity). And even when certiorari was granted, Judge Kavanaugh’s dissents have been noted in subsequent Supreme Court cases (as in Lexmark International v. Static Control Components which favorably cited Kavanaugh’s dissent in Grocery Manufacturers Association v. EPA). This suggests other justices will take the new junior justice’s opinions quite seriously, especially on administrative law.

(Hat tip: Instapundit.)

Second, Kavanaugh is also a strong believer in the Second Amendment. From his 2011 Heller v. District of Columbia (the follow-up lawsuit to the original Heller decision) dissent:

In Heller, the Supreme Court held that handguns – the vast majority of which today are semi-automatic – are constitutionally protected because they have not traditionally been banned and are in common use by law-abiding citizens. There is no meaningful or persuasive constitutional distinction between semi-automatic handguns and semiautomatic rifles. Semi-automatic rifles, like semi-automatic handguns, have not traditionally been banned and are in common use by law-abiding citizens for self-defense in the home, hunting, and other lawful uses. Moreover, semiautomatic handguns are used in connection with violent crimes far more than semi-automatic rifles are. It follows from Heller’s protection of semi-automatic handguns that semi-automatic rifles are also constitutionally protected and that D.C.’s ban on them is unconstitutional.

(Hat tip: J.J. Sefton at Ace of Spades HQ.)

Democratic Senator Chris Murphy of Connecticut gave Kavanaugh what amounts to a strong endorsement on that very subject:

Respectable liberal Alan Dershowitz endorsed Kavanaugh as well: “He has a lot of support from centrist academics. He is regarded as a very scholarly, very smart person. I probably will disagree with many of his opinions, but it’s hard to question his qualifications for the job.” (Hat tip: BigGator5.)

Via Stephen Green at Instapundit comes this list of top six unhinged reactions to the Kavanaugh nomination. I especially liked the Women’s March drafting their blurb on what an extremist whoever Trump picked for the court was, then just leaving “XX” instead of inserting Kavanaugh’s name when they sent out the press release…

Finally, liberals want you to know that the Federalist Society and Opus Dei are evidently the same thing. Maybe somebody should explain to them the difference between real life and a Dan Brown novel…

The Mask Slips

Wednesday, March 28th, 2018

Finally!

Finally, a high ranking Democrat finally has the guts to say what lies near and dear to the cockles of the vast majority of their party’s heart: “Repeal the Second Amendment.”

Thanks you, John Paul Stevens, for not just, at long last, admitting what Democrats have long-believed, but doing so out-loud and in mixed company!

There, was that so hard? All you had to do was tell the truth.

Democrats want to repeal part of the Bill of Rights so they can forcibly disarm law-abiding Americans.

Both left and right have known this for a long time, but Democrats felt compelled to lie about it for trivial reasons like “losing elections.”

To thine own self be true!

Additional reactions:

Ann Althouse:

Usually, advocates of gun control tend to give assurances that they’re not out to repeal the Second Amendment. A forthright demand for a repeal of the Second Amendment would wreck those assurances and elevate the pro-gun side, which could credibly intensify its rhetoric with reality-based anxiety that they are coming to take away your constitutional rights. If they can take away your Second Amendment rights — if the Bill of Rights is on the chopping block — they may come for your freedom of religion next, they can take away your freedom of speech, you right to be free of unreasonable searches and seizures — whatever they like, whatever they think stands in their way.

Ed Morrissey at Hot Air:

The op-ed comes across as whining over his Heller defeat and the implication that the Constitution should be treated as a historical relic (Stevens’ term). That certainly explains some of his votes on the Supreme Court, perhaps most notably in Kelo, although courts had unfortunately paved that road long before. At least in this case, Stevens suggests using a valid constitutional process to erode individual rights rather than a Supreme Court decision that effectively rewrites the Constitution to expand federal power at the expense of liberty. That may have more to do with Stevens’ lack of a seat on the court at this time, though.

So how likely will a repeal effort be? Maybe if Democrats really start pushing it — as they clearly would love to see it happen — it might get, oh, 40% of the House to vote for it, far short of what’s necessary to send it to the states. The only states likely to ratify such an amendment proposal are those whose gun-control regulations have utterly failed to stop violence in their jurisdictions, as was the case in Washington DC when Heller was decided in 2008.

However, such an effort would certainly clarify the choices for voters outside of those jurisdictions in national elections, and Democrats would be lucky to comprise 40% of Congress if they tried to follow Stevens’ advice. Don’t expect too many of them to climb on Stevens’ bandwagon, especially as rickety as it is in this essay.

And some tweets:

Guns, Tyranny and Asymmetrical Warfare

Thursday, October 19th, 2017

One Standard Anti-Second Amendment Talking Point is that the Second Amendment is outdated and can’t possibly provide a bulwark against tyranny, because no group of citizens armed merely with legal firearms could possibly stand up to the technological might of the U.S. armed forces. The notion has a certain surface-level plausibility, as a bunch of guys armed only with AR-pattern rifles isn’t going to take out an M1A2 tank in open combat.

Tiny problem with this argument: recent history shows it’s demonstrably wrong:

Who exactly do you think has stymied the U.S. in Afghanistan for 16 years? The Taliban is made up of Afghan Bubbas. The Taliban doesn’t need to defeat nuclear weapons, though they are humiliating a nuclear power for the second time in history. They use a mix of Kalashnikovs and WWII-era bolt-action rifles. Determined insurgencies are really difficult to fight, even if they are only armed with Enfield rifles and you can target them with a TOW missiles system that can spot a cat in the dark from two miles away. In Iraq, expensive tanks were destroyed with simple improvised explosives.

If the U.S. government (and the American people behind them) doesn’t want to use nuclear weapons on foreign fundamentalists in Afghanistan, why does anyone presume they’d use them against Americans in Idaho?

It is not just our fecklessness. All great powers take into account the moral and manpower costs of implementing their rules and laws on a people. And an armed citizenry, especially if they seem to have a just cause to rally around, will dramatically raise the price of ruling them. The British Empire controlled one quarter of the world’s territory and ruled one quarter of the earth’s population in 1922. In that very year, they were forced to make an effective exit from the main part of their oldest colony, Ireland. Why? Because a determined group of Irish men with guns made the country ungovernable. The British technically could have deployed their entire navy, blockading the restive island, and starving any rebellion into submission. But they were unwilling to pay the moral price, or the price in blood. It was precisely this foreseeable event that had caused the British to ban Irish Catholics from possessing firearms hundreds of years earlier.

And just as in the 1770s or the 1920s, governments in similar positions today or in the future would have a difficult time maintaining military morale while trying to impose rule on a people who resist it manfully.

Let’s say that liberals get their wish, put Democrats in control of congress and the White House, and instantly pass Australian-style mandatory gun confiscation laws. If Democrats jump straight to violating the Constitution, the gloves come off. Not only will American gun owners form the largest armed insurgency the world has ever seen, but the “civilized” rules of engagement would no longer apply.

Let’s let Scott Adams spell it out:

The way private gun ownership protects citizens is by being a credible threat against all the civilians who might be in any way associated with a hypothetical tyrannical leader who uses the military against citizens. Citizens probably can’t get close to the leaders in such a scenario, but it would take about an hour to round up their families, and the families of supporters.

That would do it.

America is unconquerable.

Imagine the top hundred Democratic Party donors in every state being taken hostage by an American insurgency. Imagine the immediate families of every Democratic U.S. Senator and Governor being taken hostage.

Lee Boyd Malvo and John Allen Muhammad had two states and a dozen police departments freaking out in the Beltway Sniper attacks of 2002. Now imagine that times a thousand.

The problem is compounded even further that those same “bubbas” are exactly the sort of men who make up the bulk of the United States armed forces. Do liberals seriously believe that, come an actual civil war and suspension of the Posse Comitatus Act, troops from Texas, Kansas and Georgia will cheerfully do the bidding of elites from New York and San Francisco to disarm their own fathers and brothers (many ex-military themselves) in deep red states?

Once again, liberals openly pining for a civil war between red and blue America seem to have overlooked the tiny obstacle that red American is the half with all the guns.

A well-armed citizenry as large as that in the United States would make Afghanistan and Iraq look like calk walks compared to trying to occupy America. That’s why the Second Amendment remains the ultimate bulwark of American liberty.

NRA Endorses Trump

Saturday, May 21st, 2016

“The National Rifle Association threw its weight Friday behind Donald Trump, as the presumptive Republican presidential nominee personally assured the group’s members he would protect Second Amendment rights if elected – and claimed that likely Democratic rival Hillary Clinton would threaten them.”

Will it help unify the Republican Party behind Trump? Some. Gun owners and Second Amendment activists are a significant part of the GOP coalition. But Clinton and the Democratic Party are so clearly hostile to civilian gun ownership that it’s hard to imagine any NRA members voting for her, and culturally most gun owners seem to hail from the fraction of GOP primary voters which has already embraced Trump.

Trump’s official policy statement on Second Amendment rights is fine, and whoever wrote it (clearly not Trump) has a firm grounding in the issue, and Trump has even said he has a concealed carry license himself. Whether Trump follows through or not remains to be seen, but he already starts so far ahead of Clinton on the issue that I’m not sure his past support of the idiotic “assault weapon” ban some 15 years ago really matters anymore. (And even then he was saying “Democrats want to confiscate all guns, which is a dumb idea because only the law-abiding citizens would turn in their guns and the bad guys would be the only ones left armed.”)

If Trump wins in November, Republicans will almost certainly retain the House and possibly the Senate, which means no anti-Second Amendment legislation will be headed to his desk for at least two years. Trump could do absolutely nothing on guns during his presidency and still be a vast improvement over Obama or either Clinton.

Dan Patrick Sends Three Second Amendment Bills On To Committee

Tuesday, February 3rd, 2015

Lt. Governor Dan Patrick announced that he’s sending three pro-Second Amendment bills to the Senate State Affairs Committee:

  • Senate Bill 11 (SB 11), An act relating to the carrying of concealed handguns on the campuses of and certain other locations associated with institutions of higher education, by Sen. Brian Birdwell (SD22).
  • Senate Bill 342 (SB 342), Relating to providing for the open and concealed carrying of handguns without a license and to related offenses and penalties, by Sen. Don Huffines (SD16).
  • Senate Bill 346 (SB 346), Relating to the authority of a person who is licensed to carry a handgun to openly carry a holstered handgun, by Sen. Craig Estes (SD30).
  • Except for the effectivity date, the campus carry bill is essentially identical to Birdwell’s SB 182 in the 83rd legislative session, which was killed in 2013.

    SB342 provides for essentially unlimited constitutional carry, while SB346 would authorize open carry only for CHL holders. I think it’s canny of Patrick to advance both at the same time. Some squishy republicans may balk at universal carry, but voting for SB 346 will allow them to split the difference and still appear pro-gun.

    One possible snag for any pro Second Amendment bill: the Senate Criminal Justice Committee is still headed by Democrat John Whitmire. However, since Whitmire is considerably more pro-gun than the average Democrat this may not be a problem.

    Will Speaker Joe Straus kill pro-Second Amendment bills in the House? He’s killed some in the past, but he’s also been very careful not to leave his fingerprints on the knife. Given how Straus has crowed about endorsements from the NRA and the Texas State Rifle Association, I’m guessing he won’t go to the mat to kill popular Second Amendment bills supported by a clear majority of senators. Straus is another reason I think SB 346 is more likely to pass than SB 342.

    Operation Choke Point’s Smoking Gun?

    Thursday, January 15th, 2015

    Via Instapundit comes updated news of Operation Choke Point, the Obama Administration’s unconstitutional attempt to force the banks and credit unions used by gun dealers (and other targeted businesses, most of which are entirely legal) to close their accounts. Bank regulator’s have denied they were doing this in the past, but now a gun business owner has recorded a credit union manager telling him the Feds have forced them to close his account.

    Here’s a Fox News report on the case:

    Imagine the media outcry if a Republican administration were using the same tactics against abortion clinics or gay bars.

    The new congress should investigate this along with Fast and Furious…

    Gun and Crme Roundup for April 16, 2014

    Wednesday, April 16th, 2014

    The Bundy Ranch story is part of the Second Amendment story (and the Tenth Amendment story), but is too big and sprawling to unpack here. So here are some of the other things that have been happening:

  • Gun grabber Michael Bloomberg has pledged $50 million to defeat the NRA. Since every time Bloomberg opens has wallet, it seems like more Republicans win, we’ll see how long that commitment lasts…
  • But Bloomberg is sure that his Big Gulp and gun banning antics have earned him entry into the kingdom of heaven. “It’s not even close,” says he. Well, when you’re so exalted that you know the mind of God, why bother with the opinions of puny mortals?

  • “We gun owners have been utterly unreasonable and lacking in common sense for roughly 20 years. And by golly, look where it’s got us! We’ve whomped the enemies of gun rights into quivering submission.” (Hat tip: Borepatch, who offers further thoughts.)
  • Fast and Furious helped supply arms to gun trafficking rings in the U.S.
  • Connecticut: Massive non-compliance with new gun registration rules.
  • East Texas citizen terminates meth freak with gun.
  • Eric Holder wants to waste more money on smart guns.
  • A Harvard Law roundup on recent gun cases I haven’t had time to read yet. (Hat tip: Shall Not Be Questioned.)
  • Beaver County, PA Sheriff has around 700 guns seized from his home for violating a court order. Guess what party he’s from? Hint: The media decline to name the party when reporting the story. (Hat tip: Ditto.)
  • Two men rape and murder four women in California while wearing GPS tracking bracelets.
  • Detroit homeowners kill seven intruders in seven weeks.
  • Dumbass in Tuscaloosa finds out once again that gun beats machete.
  • Four pro gun bills (including a preemption bill) make their way through the Arizona legislature. (Hat tip: Alphecca.)
  • Pull The Other One, Wendy

    Thursday, February 6th, 2014

    Normally I would applaud a member of the Democratic Party supporting Second Amendment rights. But Wendy Davis supporting open carry?

    Right. Pull the other one.

    After all, this is the same Wendy Davis who voted against concealed carry by authorized CHL holders on college campuses, keeping Texas campuses fictive “gun free zones.” She also tried to do what Austin is trying to do: force gun shows to impose additional background checks on private citizens.

    The fact that Davis hasn’t been universally opposed to gun rights may be explained by the fact that she’s a state senator in Texas, one with significant suburban and rural constituents and who only won her last election with 51% of the vote and thus one for which a hard-left gun control position would be a career-ending exercise. It’s also possible that, like Arlen Specter, another former Republican, she may have no fixed political positions whatsoever beyond the belief she should hold political office (or perhaps none beyond support for unlimited abortion).

    Davis’ open carry pander is the worst kind of pander for a politician: a ham-handed, ineffective and incompetent one. Since Davis is already running as a liberal darling, and Abbott has already embraced open carry, there’s no chance this move will win her real converts among single-issue Second Amendment supporters, but a very real chance it will alienate her national liberal fundraising base.

    Wendy Davis is a credible leader on Second Amendment rights the way Danny DeVito is a credible NBA center.

    Why I Rejoined the NRA

    Monday, December 31st, 2012

    Back during the Clinton Administration, I joined the National Rifle Association. With the “Assault Weapon Ban” passed and other anti-Second Amendment legislation under consideration, it seemed like a good time to join the one organization capable of slowing the Democratic Party’s gun-grabbing agenda.

    When I let my membership lapse, it was obvious new gun control legislation was going nowhere with George W. Bush in the White House and Republicans controlling the House of Representatives. But the main reason I let it lapse was that I was pissed off that the NRA had sent me a video tape (younger readers: ask your parents what a “video tape” was) I hadn’t asked for, and expected me to go out of the way and return it at my expense if I didn’t want to subscribe to whatever video series it was.

    Over the years I’ve had differences with the NRA, especially their willingness to compromise on other fundamental freedoms by cutting deals with Nancy Pelosi. But as Sebastain at Shall Not Be Questioned noted:

    You still need what NRA can bring to the table, which is specifically a huge network of people who tend to only be peripherally involved in this issue (and this goes beyond their 4 million dues paying members), and access to lawmakers that no other gun rights groups can match, and really no or few other lobbies in DC and the 50 state capitols can match….

    NRA is the only organization that has the capability to fight on this ground. So if you have some money to donate to NRA, or can spare the dollars to buy a membership do it!

    We’re going to war, and this is the NRA we have, and more importantly, this is the NRA we can win with. But only if we hang together, because our alternative is to surely hang separately.

    And that’s why I sent my check in this week to rejoin the NRA. American’s fundamental Second Amendment rights are under siege right now. If you care about maintaining America as a nation whose freedom is guaranteed by its’ citizens inalienable rights, then this is the fight you need to join. It’s a fight we can and should win. The NRA is an integral part of that fight.

    If you care about liberty and the Second Amendment, you should seriously consider joining as well.

    Texas Rep. Ruben Hinojosa (D-umbass) Actually Forgets the Second Amendment

    Thursday, October 25th, 2012

    There’s this thing called the Constitution. Perhaps you’ve heard of it. Fundamental law of the land, guiding document for the federal government, etc. Sorta important.

    There’s this section of it called “The Second Amendment.” “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” Gives citizens the right to bear arms. Kind of a big deal. Especially in Texas.

    Perhaps someone needs to tell that to Texas Rep. Ruben Hinojosa (D-umbass), who actually managed to forget what the Second Amendment was during a debate:

    “I’m drawing a blank on the Second Amendment, but I think it’s the weapons, isn’t it? The NRA?”

    Note: This being the Internet and all, I think I should emphasize that the above actually happened. My snarky self didn’t invent it out of whole cloth. An incumbent Democratic congressman from Texas, who’s been in office since 1997, forgot the Second Amendment. “I’m drawing a blank on the First Amendment, but I think it’s the churches, isn’t it? The Pope? Any maybe newspapers?”

    There shouldn’t be a high school senior who doesn’t know what the Second Amendment is, much less a United States Congressman. Either Rep. Hinojosa is woefully ignorant of the Constitution, or else he’s suffering from some sort of debilitating mental illness. In either case, he’s unfit for office.

    Rep. Hinojosa has a Republican challenger in Dale Brueggemann. He has an uphill struggle against an entrenched incumbent in a district that went 57% for Obama, but I doubt he expected his opponent to make such a huge gaffe. I’m sure he would appreciate any help fans of the Second Amendment could throw his way.