It would appear that yes, once again, a federal court needs to review basic civics. I held off on posting about this issue yesterday simply because more review was needed. The Prima Facie situation is really quite simple. Federal overrules State, overrules County, overrules Local authority. Social constructionist will do anything to get their way though. Be it alcohol prohibition, drugs, guns, or hunting on Sunday. There are simply put, hordes out there that know better than you how you should live your lives!
Some might argue that it is in fact the job of the courts to do that very thing. Others, like myself, would argue that the fundamental duty of government at all levels is the protection of the integrity of the individuals liberty. That, is the basis of the Bill of Rights. Yet, once again, a federal court seeks domination over the will of the people and those that founded this nation.
Fairfax, Va. – Today, the National Rifle Association filed a petition for certiorari to the U.S. Supreme Court in the case of NRA v. Chicago. The NRA strongly disagrees with yesterday’s decision issued by a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, holding that the Second Amendment does not apply to state and local governments.
“The Seventh Circuit got it wrong. As the Supreme Court said in last year’s landmark Heller decision, the Second Amendment is an individual right that ‘belongs to all Americans’. Therefore, we are taking our case to the highest court in the land,” said Chris W. Cox, NRA chief lobbyist. “The Seventh Circuit claimed it was bound by precedent from previous decisions. However, it should have followed the lead of the recent Ninth Circuit Court of Appeals decision in Nordyke v. Alameda County, which found that those cases don’t prevent the Second Amendment from applying to the states through the due process clause of the Fourteenth Amendment.”
This Seventh Circuit opinion upholds current bans on the possession of handguns in Chicago and Oak Park, Illinois.
“It is wrong that the residents of Chicago and Oak Park continue to have their Second Amendment rights denied,” Cox concluded. “It’s time for the fundamental right of self-defense to be respected by every jurisdiction throughout our country.
In light of previous rulings, well documented elsewhere, soon to be Justice Sotomayor should be expected to recuse herself when this comes before the Supreme Court. Why do I doubt that will happen?
Tags: 7th Circuit Court of Appeals, Bill of Rights, Civics, Gun Control, News, Politics
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