Posted on 12/15/2024 4:23:19 AM PST by MtnClimber
When I served as a judicial officer, I leaned into the originalist philosophy championed by Justice Antonin Scalia. His wisdom — that judges must adhere to the Constitution and the law as written, not as they wish it to be — served as a lodestar. As Scalia famously remarked, “The Constitution is not a living document — it is a legal document.” This sharp declaration underscores a vital truth: the Constitution is not a chameleon, changing with the political winds or cultural trends. It is a fixed, enduring framework meant to safeguard liberty and ensure the rule of law. Judges are bound by its text and original meaning, not free to reinterpret it to suit their preferences or the moment’s fashionable ideologies. To treat it otherwise is to abandon constitutional governance altogether.
This principle could not be more relevant in the wake of the Hawaii Supreme Court’s defiance of U.S. Supreme Court precedent in State v. Wilson. The procedural posture of the case is important: Christopher Wilson, a Hawaii resident, was charged in 2017 with carrying a pistol without a license while hiking. Wilson argued that his actions were protected by the Second Amendment, particularly after the U.S. Supreme Court’s landmark decision in New York State Rifle & Pistol Association Inc. v. Bruen (2022), which affirmed the right to carry a firearm in public for self-defense.
The Hawaii Supreme Court, however, reinstated charges against Wilson, effectively ignoring Bruen. In a particularly audacious move, the court criticized the U.S. Supreme Court for “cherry-pick[ing]” historical evidence and engaging in “fuzzy” reasoning, dismissing the Bruen decision as backward-looking. The Hawaii court even invoked the state’s so-called “spirit of aloha” as justification for rejecting the plain guarantees of the Second Amendment.
(Excerpt) Read more at americanthinker.com ...
The ironic thing is that if Wilson had used the firearm for criminal purposes he would probably have gotten more lenient treatment.
But only if he killed an insurance company CEO.
We really need a Supreme Court that just throws all gun control laws in the dumpster all across the country. That would be constitutionally correct. I actually think we could be close. Need the right case and maybe 1 or 2 more good Trump appointments.
His problem was that his name was Wilson.
Are you implying that his name had too many consonants and not enough apostrophes?
haole
Supreme Court Justice Antonin Scalia famously said, “The Constitution is not a living document. It is dead, dead, dead”. Scalia made this statement to a group of law school graduates in Dallas, Texas.
He spoke of schoolchildren coming to visit the Supreme Court and calling the Constitution a “living document.”
“It’s not a living document. It’s dead, dead, dead,” he said.
>We really need a Supreme Court that just throws all gun control laws in the dumpster all across the country. That would be constitutionally correct. I actually think we could be close. Need the right case and maybe 1 or 2 more good Trump appointments.
IMO Bruen was already pretty close to being that case! That’s why Hawaii (here) and other hardcore leftist enclaves are proceeding to openly defy the ruling. (e.g. various Dem AGs suing Glock in the face of rulings that say manufacturers are protected, because the Chinese dump a sear on the market and criminals use it).
The Ds ignore rulings, so they’re implying they’ll stop when someone makes them and not on paper. Lawfare in the service of lawlessness.
The “spirit of aloha” burnt down Maui. The “spirit of aloha” is the belief that pagan spirits exist. The “spirit of aloha” is the belief in Hawaiian spiritual superiority over white people.
Six states that should leave the Union. Hawaii, Vermont, Maine, California, Oregon, Washington.
Pupule, Lolo, Lapuwale, Hupo.
Hawaii has got to go. It’s turned into another Marxist, third world freeloader state. A bunch of far left socialists living off the taxpayers from the other 49 states. (56 to all you Barry Soetoro fans out there.) Puerto Rico should not even be allowed to be considered for statehood until we get rid of Hawaii and all of it’s kiss azz Feral “judges”.
America is great because America is good. When America stops being good America will cease being great.
Go ahead flame away! You still aren’t going to be able to change that crowd living in the middle of the Pacific ocean.
Hawaii has military use.
That is why it is a State and why it will remain so.
No just a hand full of blue counties in those states. Look at the last election map. The dems control what can only be described as city states. The rest and vast majority of the US are red and we will not accept occupation by a had full of usurpers.
I know. I used to have to ride a C-130 from Anchorage to Oahu to fly the UH-1 simulators. Nice trip in the middle of the winter. Loved the stopover at Midway to refuel.
The USSCt should really REALLY FOR CERTAIN declare all infringements of Americans’ 2A rights unconstitutional— exactly as our Constitution reads and totally how our Republic’s founders intended.
This principle applies to all states, including Hawaii, and means that federal law generally takes precedence over state law when there is a conflict
Federal Preemption
The doctrine of federal preemption, derived from the Supremacy Clause, holds that federal law supersedes state law in areas where they conflict
This principle applies regardless of whether the conflicting laws come from legislatures, courts, administrative agencies, or constitutions
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