Monday, June 28, 2010

Why Progressive Jurists like RBG are Dangerous

"Justice Ruth Bader Ginsburg dissented in Heller and wondered why the right to bear arms was necessary to extend to the states. "[I]f the notion is that these are principles that any free society would adopt, well, a lot of free societies have rejected the right to keep and bear arms." [Italics mine]

There are so many things worng with this statement it boggles the mind.

1. The United States of America is not "any free society" it is a particular free society based upon specific principles only some of which are written down in the Constitution. My country has a special, unusual, and quite specific history. "We believe these truths are self evident. " No other country in the world is founded on the belief that the truths articulated in the Declaration of Independence are obvious and based upon divine principles.

To cast the United States of America into the pot of "a lot of free societies" whose foundations are the idea that "rights" are "allowed" by government is to sully, belittle, and degrade our Principles, our Founders, and all those who have died to uphold the Constitution.

Shame on you Justice Ginsburg. You stain the proud duties of the Court.

2. Under Article IV the Supreme Court is restricted to base rulings on the Constitution, the Laws of the United States and Treaties. To wit:


"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

Any appeal to "a lot of free societies" is thus explicitly prohibited as the basis for making decisions.

Justice Ginsburg should follow her oath of office and uphold ALL the Constitution not just those parts she finds fit her ideological preferences.

3. While it may be true that "a lot of free societies have rejected the right to keep and bear arms." our country has not.  The Second Amendment specifically provides for the protection of that right.  Even a Constitutional Amendment removing the Second Amendment would still not remove the underlying right.

Our Constitution, unlike "other free societies", doesn't extend rights to citizens, it protects rights which are inalienable. The Constitution grants specific, limited, enumerated powers to the three branches of Government.  It does not grant rights. The first ten amendments articulate some rights to avoid ambiguity and further restrict government.

I appeal to Justice Ginsburg to put aside her ideology and adopt the ideology of our Founders and ordinary United States Citizens.

I could go on, but my point has hopefully been made. The United States is founded on certain principles that assume freedom, grant limited power to government, and requires those who serve us to uphold the Constitution according to their Oath of Office. Our elected representatives should be held to the later in order to ensure the former.

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