1, 2, 14 (Amendments of the Constitution)

NY Sun ^ | June 27, 2008 | Staff Editorial

[neverdem]

Both of the men running for president displayed their shortcomings yesterday in reacting to the Supreme Court's ruling that the Second Amendment includes an individual right to keep a handgun at home for self-defense. The amendments at stake include not only the Second but also the First and the 14th, so even those who aren't handgun enthusiasts or partisans of gun control will want to pay attention.

Senator Obama's statement was the more astounding one, if only because it came from a professor of constitutional law and a former editor of the Harvard Law Review. It's hard to know where to begin. First was the audacity of Mr. Obama appearing to praise the court's finding that the Second Amendment right to bear arms applies to individuals and not only to militias. The ruling was made by a five to four margin, and two of the justices in the majority — the chief and Justice Alito — wouldn't be on the federal high court at all if Senator Obama had gotten his way during their confirmation hearings. Senator McCain voted to confirm both, while Mr. Obama voted against...

--snip--

If ever a precedent were in peril, this is the one. The Supreme Court will no doubt hear a series of cases in the coming years challenging various gun laws, including perhaps those of our own city of New York. One reassurance as far as Mr. McCain goes is that President Bush, who signed McCain-Feingold into law, also nominated the justices, Roberts and Alito, who made yesterday's majority ruling possible. The Second Amendment was adopted in 1791. Which may yet itself be the greatest reassurance, that we have a government not only of individuals with human frailties but of laws that have a way of outlasting both the judges and the politicians.

[Congressman Billybob]

This article picks up where my column ends, the point that appointment of up to four new Supreme Court Justices will be the task of the next person elected President of the US. See below.

Congressman Billybob

Latest article, "Beyond Guns: The Deeper Meaning of Heller"

[budwiesest]

that we have a government not only of individuals with human frailties

Understatment of the year. There's is an agenda. "With Liberty and Justice for all" soon to be replaced with "Equality for all". (equity for some who may have been screwed by the housing bubble)

Equal opportunity, equal pay, equal health care, equal education, etc. Boy, throw guns into the mix and there goes 'equal protection' by the police.

What will it take for gun owners to realize that individualism and self-reliance are not part of the plan? Must the socialist utopia await the conversion of these rural, bitter, bible-thumpers with guns- or have we a plan to circumvent them all?

"Here, hold my snake while I pray."

[ComeUpHigher]

If, shudder the thought, Obama wins this November, I am heartened by the prospect that any justices who retire will likely come from the liberal wing. Stevens is 88 years old and is the most likely member of the Supreme Court to retire next. Likewise, Justice Ginsburg is 75 years old and has had health problems. She would be the next most likely to retire.

On the other hand, the conservative members of the Supreme Court are relatively young. Scalia is 72, Thomas is 60, Alito is 58 and Roberts is 53. All of them will likely be serving for at least another four years.

If Obama replaces Stevens or Ginsburg because of retirement or death, it will only be one liberal for another. Thus, the status quo composition of the Supreme Court will be preserved.

The worst case scenario is for Kennedy to retire or die and be replaced by another justice who consistently voted with the liberal wing. Fortunately, I don't think this is likely to occur during the next presidential term.

I consider the nomination and confirmation (by the Senate) of Roberts and Alito to the Court to be perhaps the most significant successes (to date) in President Bush's two terms.

I shudder when I realize that today we wouldn't have a constitutional right to bear arms if President Bush had nominated and the Senate confirmed someone like Justice Souter who was nominated by his father.

In my opinion, we owe President Bush a debt of gratitude for Justice Alito and Chief Justice Roberts.