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May 14, 2010
Kagan and the Right to Bear Arms
Posted by Dave Blount at May 14, 2010 10:29 AM
The First Amendment isn't the only part of the Constitution Elena Kagan finds fundamentally flawed. Her next problem comes with the Second:
This year, no case on the Supreme Court docket is more important than McDonald v. Chicago, where the Court is deciding whether the Second Amendment right to keep and bear arms is only a right you have against the federal government, or instead if the Second Amendment (like most of the Bill of Rights) also secures a right you can assert against state and local governments. At issue is whether Chicago's law banning all guns — even in your own home — is constitutional. …
When the McDonald case was argued before the Court on March 2 of this year, current Solicitor General Kagan argued… Nothing. Not only did she not ask for time during oral argument, she didn't even file a brief (which the solicitor general routinely does in important constitutional cases — and the McDonald case is monumentally important). …
Why wouldn't Kagan file a brief expressing the view of over 75% of Americans that the Second Amendment is an individual right, one that every American citizen has against all levels of government?
Here are a couple of clues:
Aside from her shocking decision not to file a brief in McDonald, we've learned that Elena Kagan was part of the Clinton White House's gun-control efforts, where a Clinton staffer said, "We are taking the law and bending it as far as we can to capture a whole new class of guns."
Then it became public that when the Supreme Court was asked in 1987 to decide if the D.C. gun ban was unconstitutional (the same law that the Court eventually struck down in Heller), Kagan wrote to Justice Marshall on the Court that she was "not sympathetic" toward the argument that the Second Amendment doesn't allow D.C. to completely ban all guns.
Socialism is an ideology centered on taking liberty and wealth on behalf of Big Government. There is no point at which socialists will say that the government has enough power or money. But there is a point where its victims will take up arms to resist it. This is why socialists are invariably hostile to the concept of individuals being able to defend themselves — and like the community organizer who appointed her, Kagan is a socialist.
Wants you disarmed — surprised?
On a tip from Bill T.
