In a 5-4 ruling yesterday, the Supreme Court upheld the lower court ruling that a firearms ban in the District of Columbia was unconstitutional. From what I've heard, it was the first real challenge of the 2nd Amendment to the Constitution in over 200 years.
In essence, the Court decided that the right to bear arms cannot be taken away by states or municipalities. They also sent the message that the 2nd Amendment shouldn't be and isn't going anywhere.
Now, aside from all of the pro-gun/anti-gun debate that has been droning on for the last day, the really interesting fact in this ruling is this:
Four of the Justices to the Supreme Court of the United States of America--whose sole job it is to determine the constitutionality of law in this country--think that something that's actually in the Constitution is un-constitutional.
Think about that for a moment and let that sink in.
Regardless of whether you favor guns or not, four people would like to take out their red pens and just strike the 2nd Amendment from the parchment on which its written because they think it shouldn't be there.
OK, so, I can hear some of you now: "But what if they already knew the other side had five votes and they were making a protest vote?"
Honestly, that's even more alarming to me. Going back to their primary function in our form of government--deciding the constitutionality of our laws--the Supreme Court is not the place for protest votes. Period. Something is either constitutional or it isn't--that's a binary condition. Four Justices don't think that's good enough, though. They think that the 2nd Amendment needs "scope."
So, they don't like the 2nd Amendment. Which one is next? 3? 5? The First?? Which parts of the Bill of Rights need "scope," Justices??
Imagine what would have happened if they had just one more vote. Imagine what would have happened if John Kerry or Al Gore had won the Presidency. Where would the 2nd Amendment be today?
It would be a footnote in history.
Stevens, Souter, Ginsburg and Breyer have just demonstrated to all of us their complete and utter lack of qualifications for the positions they currently hold.
I never thought I'd ever say this, but...well...thank you George W. Bush. At least his appointments to the Court understand that something in our Constitution--the essential document and statement on our Republic--cannot be found un-constitutional.
William Smith
ConservativeBlogger.com
