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 ...
Somewhere along the line, the “spirit of aloha” turned into “Screw up white devils!” I’d support independence for Hawaii...
Take Taiwan ("they don't like us") or Hawaii ("they like us")?
Hawaii residents should,say in return “Hell with your rules then! If there is no co situation, then there are also no rules. You judg3s do not get to be our rights overlords!”
Ignoring or "working around" the Constitution is a fundamental part of Progressive philosophy. From the beginning of Progressive philosophy in the 1880's, It has always included the theme that the Constitution was outdated, limited government was a bad idea, and ways had to be found to work around or ignore Constitutional limits on governmental power.
Pam Bondi is going to have an opportunity to travel to Hawaii to supervise quite a few deprivation of rights cases.
Convictions are probably quite possible in Hawaii given the number of active and retired military people.
Too much da kine pakalolo, brah!
My 95 year old mother used to say Hawaii isn’t really part of the United States. 😆
That is, they need to rule that because of the explicit BAD FAITH of the Hawaii Supreme Court, from now on the state of Hawaii is stripped of its power to regulate firearms at all and must get pre-clearance from the federal courts anytime it wishes to enact ANY firearms regulations AT ALL.
The last time the federal courts found that states were acting in bad faith to deny Americans their constitutional rights, that is exactly what they did. OK. Just impose the same penalty. Leftists will wail and scream and moan.....but they won't try it again lest more blue shitholes be stripped of their power to regulate firearms at all without preclearance from the federal courts as well.
How could you forget Massachusetts, Illinois, Maryland, Connecticut and New York?
I am perfectly willing to let states leave. After all, that is what the states agreed to at the time that they ratified the constitution in the first place....that they reserved the right to unilateral secession. The only condition I would impose is that states must hold a plebiscite by county and allow those counties wishing to secede from the state in order to remain in the US do so. They no more get to impose on their red counties than the US gets to impose on them. That is perfectly fair and reasonable.
The effect is the Left Coastal strip would secede but inland California, eastern Oregon and Washington State would secede from their states. The rest of Illinois would secede from Chicago. The rest of New York would secede from NYC/Rochester.
Hawaii never should have been a State, we should restore the Monarchy.
We can go back to 49 states at ANYTIME
To me it depends on what is meant by a "living document". To liberal judges I think it means "to hell with the Constitution, I'll rule the way I think it should be".
But I consider it a "living document" in that the Founding Fathers gave us way to change the Constitution.
They better not make me come tip over their little islands.
Maine is one of the most pro-2nd Amendment states in the country.
Open carry, Constitutional carry, etc. Firearms are a way of life here.
Trump won the 2nd Congressional District....80% of the state’s land mass....by wide margins in 2016, 2020 and 2024, earning him an electoral vote each time.
The coastal counties are mostly blue in Maine.
The areas away from the coast are redder than Santa’s suit.
Also, Trump won the 2nd Congressional district here three times, earning an electoral vote for himself in all three election cycles.
Hard to tell the difference between the communist morons who run DC and HI...
Both should changed back to nuclear-waste storage facilities...
I would add Massachusetts to that list.
Thank you for your service, sir!
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