Justice Stevens v. The Bill of Rights


Retired Justice John Paul Steven’s recent op-ed calling for the repeal of the Second Amendment shouldn’t have surprised anyone. After all, it was he who wrote the dissent in Citizens United v. FEC. In that decision the majority wrote, “If the First Amendment has any force, it prohibits Congress from fining or jailing citizens, or associations of citizens, for simply engaging in political speech.” He dissented in Heller v. D.C., the case in which the Supreme Court ruled that the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. Justice Steven’s op-ed contains poor legal reasoning, but, from a Progressive’s historical perspective, correct political reasoning. If judges can’t interpret the Constitution to allow acceptable results, then Progressives will just have to amend it.

Progressives have worked to amend the Constitution when it got in their way in the past. That’s where the Sixteenth (Income Tax) and Seventeenth (Popular Vote Election of Senators) Amendments came from in the early years of the 20th Century. Some conservative commentators are reacting to calls for the repeal of various sections of the Bill of Rights by saying, “Go ahead. Try to get two-thirds of Congress and three-fourths of the states.” Progressives will try, and they’ve been successful in the past. They were almost successful with the Equal Rights Amendment.

There’s a fight on the horizon, and it won’t only be about the Second Amendment.

7 thoughts on “Justice Stevens v. The Bill of Rights

  1. The First Amendment and the Second ensure that our government will not infringe on our natural rights. They do not grant rights. The right to speak freely, assemble and such are rights which cannot be withdrawn by any government. Even without the Bill of Rights, or founders and the documents which established the country recognized rights which cannot be abridged.

    The Second Amendment deals with our right to defend the people, individually or in a group. That cannot be taken from us.

    Shorter Dave: You want my rights? Come get them.

    • When they come for my guns…. they will get them bullets first.

      Hope they appreciate the rapid velocity they will be traveling at.

    • The repeal of the 2nd wouldn’t remove our natural right to defend ourselves, our families, and our liberties. It would just make it an immediate necessity.

      Someone who wants to disarm you DOES NOT have your best interests in mind.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

w

Connecting to %s