Friday, June 27, 2008

REACT: The Supremes ... with Guns and Robes.

The left wing progressives continue to talk like the represent America, or at least that America is coming round to their way of thinking. It has been their trait and fault for a long time. If you had judged the mood of the nation by the statements of liberal politicians, pundits, press and radio personalities, their could not have been a Ronald Reagan, a Newt Gingrich or a Chief Justice Roberts. The so-called progressive Air America would be more than a narrow cast radio network compared to the highly popular conservative talk shows.

This has not been a good week for true believers on the left. Realty has upset their fantasies -- again. First and foremost, the Supreme Court threw out a 32-year ban on guns in the District of Columbia – and threw every other local gun ban into the shadow of judicial doubt. They have finally settled the question: Do private citizens have a constitutional right to own guns – albeit with reasonable restriction? For the first time, the high court has affirmed the definition of “well regulated militia” to include the right to personally possess weaponry.

Liberals say “militia” means a government run military, such as the National Guard. The Supreme Court, however, believes that a “militia” can be a locally organized, grassroots outfit which has to rely on their own arms because there is no central procurement authority. In other words, liberals believe that even a “militia” must be a service of government. (No surprise there.) Conservatives, the nation’s founders and the current Supreme Court believe that a “militia’ can be formed even in opposition to the government. (Even by nuns with guns.) The inalienable right to rise up against a tyrannical government requires access to the means. Thus, the right to bear arms. In other words, you do not need the approval of government to form a “militia,” as defined in the Constitution -- even a well regulated one.

The liberal gabbers are whining that the new ruling breaks the precedence establish by the 1932 ruling establishing the right to regulate guns, with banning one of the assumptive options. They indignantly argue that precedents are not to be overturned. If that is the case, however, slavery would be legal, 18-year-olds would not be voting, the nation would still be dry and the Dred Scott decision would stand.

In another decision, the liberal members or the Supreme court carried the day by striking down the death penalty for child rapists. Currently, the death penalty is reserved for cases of murder. No death, no death penalty. The justices, at least five of them, were not of a mind expand the traditional death penalty coverage to non-lethal crimes.

The very liberal Barack Obama, however, disagrees with the Court, and favors the expansion of capital punishment to cover child rapists. Obama and John McCain agree on this one. That is because the Court looks at the law and other academic stuff, and the politicians look at public opinion. There is no doubt that the public would support even the most “cruel and unusual” punishments for pedophile rapists. Laws and the Supreme Court are the guardians against unbridled majority rule – the tyranny of the majority, as they say.

On the death penalty issue, Air America is hitting turbulence. They are resorting to parsing and double talk to bridge the conflict between their pleasure with the decision and their unwritten rule to never criticize Obama. I kind of enjoy the verbal squirming.

What is striking terror in the bleeding heart club is the fact that the next president could fill at least three vacancies in his first term – and all three are senior liberals. Should it play out that way, a President Obama could only preserve the ideological balance with three liberal choices. A President McCain, however, could tilt the court further to the conservative strict constructionist viewpoint even with moderate appointments – and he has pledged to follow the Roberts/Alito model. Uh, we’ll see.

The conservatives currently not only have the advantage of majority, but even Air America’s court expert noted that the conservative justices were young and energetic, while some of the older liberal jurists are hardly able to stay conscious through public proceedings.

Three more appointments on the right would create a generational conservative court. It could easily be 25 years before such a “Roberts Court” would give way to a successor.

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