Kagan Opposes Second Amendment Gun Rights
by Ken Blackwell and Ken KlukowskiA third instance of Elena Kagan opposing Americans’ Second Amendment right to own a gun became public Thursday, ensuring gun rights will be a major issue in her Supreme Court confirmation hearings. It also confirms that President Obama’s gun-control agenda is to create a Supreme Court that will “reinterpret” the Second Amendment until that amendment means nothing at all.
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 guns—even in your own home—is constitutional.
When the Supreme Court considered its last Second Amendment case in 2008, District of Columbia v. Heller, then-Solicitor General Paul Clement filed a brief in the case, and then requested and received time to argue the federal government’s position on the meaning of the Second Amendment.
When the McDonald case was argued before the Court on March 2, 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 tremendously important).
If someone asserts that the solicitor general shouldn’t file a brief because it’s a state issue as to whether the Second Amendment is “incorporated” to the states through the Fourteenth Amendment (which is the issue in McDonald) the record speaks to the contrary. The last time the Supreme Court “incorporated” a right from the Bill of Rights to the states, in the 1969 case Benton v. Maryland, the solicitor general filed a brief, and then (just like Heller in 2008) was given time in oral argument time to express the government’s views in front of the Court.
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 both the the federal government and state/local government?
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 on Thursday 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) when Kagan was clerking for Justice Thurgood Marshall, Kagan’s analysis to Marshall was that she was “not sympathetic” toward the argument that the Second Amendment doesn’t allow D.C. to completely ban all guns.
Three anti-gun decisions. And her nomination isn’t even a week old.
The bottom line is that Barack Obama supports the Chicago gun ban, a position he publicly repeated as recently as June 26, 2008 (the day the Heller decision was released). President Obama believes that there’s nothing unconstitutional about your city—or even your whole state—completely banning you from having any firearms for hunting or self-defense, even in your own home.
As we discuss in our new bestselling book, The Blueprint: Obama’s Plan to Subvert the Constitution and Build an Imperial Presidency, President Obama’s gun-control agenda is to create a Supreme Court that will repeatedly rule that whatever gun-control laws come before it are okay. No matter how severe the anti-gun measure is, the Court will say, “No constitutional problems with this law.”
President Obama—the most anti-gun president is American history—has nominated for our highest court a close personal friend of his. And now we see that Obama has every reason to believe that his close personal friend shares his radical view on the Second Amendment, one that will work against the constitutional rights of 90 million American gun owners.
All this, as the National Rifle Association goes to Charlotte, North Carolina this weekend for the NRA Annual Meeting. You don’t have to wonder what we’ll be talking about in Charlotte.
Elena Kagan’s confirmation hearings this summer could get very interesting. America’s gun owners have a way of making their voices heard.
588 Comments
It just amazes me that the ambulance chasers and the supreme's spend so much time trying to interpret a couple of lines!
Every American should print the second amendment on a card and use it as a license to carry.
And we are surprised? This government is trying to expand and control as much of our personal freedoms as it can before "We the People" rebel"and throw the bums out! The libs know that once the government expands its power, it's nearly impossible to return to the level of control it previously held…
Amen!
She's a toadie. She's a roadie. She's a baseball player. But she's no judge. She has tattooed on her behind "THIS ASS BELONGS TO OBAMA." Susan Collins has given her support. Collins is a RINO and has said Kagan would be a good judge. I guess she isn't up for re-election, is she?
Kegel's GOT to GO!!
Why can't Barry from Kenya find a pro-2nd amendment lesbian to put on the bench?
Oh yeah, because he wants to disarm decent, law-abiding Chicagoans (Americans) and empower the criminal elements in our societies (states).
This current administration's goal is to collapse the country and then reform it into a Progressive dream state. We must stop them before it's to late!
If they come to take our guns, there will be much blood on their hands. God forbid it would come to that.
Not only that, but I believe that it is no one's business to know what firearms I own. If they are interested in knowing, they can go hunting with me. I will never ever give out any information on just what I may have in my gun cabinet and this is something that I hope and pray every American will take a stand on.
I'm not seeing the big deal here. I mean, I'm a big 2nd Amendment supporter. But let's face it – anyone Obama nominates is going to a disaster for our country. That's just a given. But it's not like he's replacing a Conservative Justice with this bloated cow. He just swapping out one Proglib Commie for another. Look on the bright side. Maybe the fat ugly bitch will drop dead right after we clean house and then we can start stacking the Court in OUR favor! The Lord works in mysterious ways. I'd say the odds of her having a massive coronary are pretty damned good.
Question for all:
Your adult child has been drag into an alley by a criminal to be raped, robbed, our snot beat out of them. You are at least 10 blocks away and the closet police officer is 5 blocks away. Your child has a cell phone and gun. Which item would you want you child to protect themselves with?
It's just a constant barrage of new laws, new policies, new restrictions, new taxes, and newly proposed bills coming at us constantly from this administration. I think they are hoping we will just give up and role over. No way will that happen. Maybe the Europeans are rolling over, but it's not in our DNA as Americans.
No no… by the time these elected officials are done the citizens wont be able to rebel, they will be enslaved. And the left will tell themselves it is for their own good.
Any real effort to take the guns away, if in fact it ever comes to that, will be met with resistance, to the point that the pointy headed libs and progressives will fear to venture too far from their liberal enclaves in the citys. That will most likely mean the end to the country as we know it as states begin the process of breaking away from the union. Some states may actually split apart, like Northern and Southern California, Northern Virginia from the rest of the state, New York State will shed New York City and on and on. The divide between left and right has almost become an unbrigdeable chasm. Sad.
Of course she does. But then again, so does the NRA who have worked FOR every piece of gun legislation for decades. A fine example is NRA's silence on Montana's laws and those like it -http://missoulian.com/news/state-and-regional/art... Another is how they are using gun LICENSING as bait-and-switch with right all the while using "rights" verbiage.
If they think the Tea Partiers are an angry mob now, imagine what will happen if the government takes away our 2nd Amendment rights. I consider the seizure of firearms in the aftermath of Katrina an act of terror against citizens by the government. Just like on 9/11, we will not take this hostility sitting down again.
If Republicans are smart, they will Deny this sociaIist witch!!!!! Deny ALL leftist bills and agendas!
I can't believe it let you post that. Every time I've tried similar it's gotten auto-disappeared.
Yeah, I've considered this quite a bit concerning these parts. A south-central alliance centered in TX. It's sad that it's coming to this… it's sad that we (earlier generations) fought against Social-Commun-Fasc=ism, thinking we'd defeated them, just to have these rotting corpses revived by tyrants exploiting the youthful idiots.
Good point! I guess I'm still a little "shell shocked" by the arrogance and complete disregard the libs are showing to the majority of Americans…I guess I'm trying to still be a little postive…
Damn straight!
Clabbard & Fox-Piven (excrement), as with all Euro-centric elitists, never factored in the will and might of the freest people to ever walk the planet.
Funny.
Sometimes the old adage applies that you can't see the forest for the trees. Distance brings clarity. It ceases to amaze me, that I can be away from news of any kind for ten to fourteen days, come back and get online here and I am truly amazed.
It is like looking in the fun house mirror. The charades that Obama and Company are perpetrating on America are chilling. Kagan is the co-joined twin of Chaz Bono…………
No surprises here, Kagan is a liberal ideologue, and the 2nd Amendment stands firmly in the way of an overreaching federal government, exactly as the founders intended.
Something I don't understand…
Are the people that want to disarm me going to show up with guns?
If so that seems kinda hypocritical.
If not it will probably not end well for them.
Women who like to "sneeze in the cabbage" hate guns! They also have major issues with the first amendment.
"FROM MY COLD, DEAD, HANDS……."
If the Dali Bama is at the helm, they will probably show up with "words" and ask you nicely to hand them over.
Personally, I disowned Northern Virginia back in 1969. It's only gotten worse since then. I'd like to see Washington DC annex it. That would insure that VA would be red for at least the next 100 years.
It has been their objective for decades to take our guns. When someone enunciates this, however, they deny it. This is in the finest traditions of Vladimir Ilyich Lenin, who said that any tactic is permissible in order to establish socialism. They always tell us we're overreacting, of course. So I am going to make it very clear, just in case one of these jerks happens to surf by here and read this: the Second Amendment was put there in order to provide an ultimate line of defense against a federal government run amok. There may not be a militia in the traditional sense now, but that doesn't matter; it's the spirit of the amendment that's important . . . just the same as it's the spirit of the First Amendment's "separation of church and state" that they proclaim at every turn. The Bill of Rights is based on a philosophy of expansive individual rights, the consequence of which is that governmental powers are limited. Period.
FOAD, you lying Communist ass-hat.
I have a few polite words for them.
"In guns including firearms, caliber or calibre is the approximate diameter of the barrel and by extension the projectile used in it, measured in inches or millimetres."
This can't end well.
Ewww, now that you bring it up, you're right!
Then they will have to come and get mine.
Bang, bang, bang. My bad. Thought that was my cell.
You can have my bullets one at a time, at high speed too. You can have my guns when you pry the smoking, empty magzine, metal from my dead hands(watch the booby traps). WHAT PART OF "SHALL NOT BE INFRINDGE…." DON'T THEY UNDERSTAND!?!?!? LOVE how the liberals say they don't allow people to vote on the rights of others….>THEN THEY VOTE TO TAKE AWAY MY GUN RIGHTS!!!!! See everyone at the NRA meeting this weekend!!!
Just another step on the road to control every aspect of our lives. It's 1984 folks.
love this little cartoon from Gary Varvel…spot on…
http://blogs.indystar.com/varvelblog/05122010.jpg
You've got the least qualified president in the history of this country choosing the least qualified candidate to sit on the supreme court. 2012 can't come soon enough!
Thats what happens when you try to push the same number over and over. oops the clip is empty, sorry that you caught all of what was in the clip.
Cowboy, welcome back. You were missed.
And mine. And from all 80 million of us !
Even more.
NRA backs anti-gun group. http://www.politico.com/news/stories/1007/6351.ht...
Some of you people are mental slaves. NRA is an enemy to gun rights – has been for a long time.
Why bother reading an article by Ken Blackwell, a proven liar and partisan sycophant?
Oh yeah thats right, this website is FOR those very sycophants. Never mind. Enjoy your fish flakes.
if only we COULD shed NYC!! i have Liberal friends (yes, it's possible) who tell me that if NYC broke off from the rest of the state, it would turn the rest of the state into Alabama. i don't give a rat's ass. i'd rather live in a poor, Conservative State than a rich, Progressive on.
Good luck selling THAT lie, ass-hat! ROFLMFAO!!!
read the f__king article you just linked, genius!! the NRA is for fixing the National Instant Check System tio prevent MENTALLY ILL PEOPLE (like yourself) from getting firearms. how is this being an "enemy to gun rights", troll-boy? the NRA doesn't want licensing, it feels that the NICS check should be ALL that is required for a person to own a gun anywhere in the country. try at least making a half-assed attempt to check your facts before they spew out of your mouth in the future.
Again the Kens find it necessary to lie to stir up the base. What did Kagan really say when questioned about 2nd Amendment rights during her confirmation hearing as Solicitor General?
Kagan:
"There is no question, after Heller, that the Second Amendment guarantees Americans 'the individual right to possess and carry weapons in case of confrontation.'"
"sneeze in the cabbage" ???
WOW, never heard that one before!
well, at least he's consistent!
You know what other nation used "mental illness" to remove rights? The USSR.
Rahm, Axelrod, etc…. all think you are mentally ill. I just think you are a fool for not seeing with your own eyes.
Look at the types they have on their board. http://www.youtube.com/watch?v=uSGySNLyACE
You should stick to the anti-semetic rants.
"in case of confrontation"? The 2nd doesn't say that.
Everyone knows that BHO picks losers. It isn't going to change…………yet.
Six in the chest and a body bag……and a swift trip to Hell….
Yeah, I thought someone was missing here.
That was one of the first things Hitler did was to take the gun registration files and go collect the guns!
So to clarify the Adminstration's views:
i) State/local supercedes Federal law on GUN OWNERSHIP.
ii) However, state/local law is inconsequential (thru interstate commerce) in health care/insurance
Hmmmm…..I am not the smartest guy in the room….but isn't this quite a contradiction in Constitutional interpretation?
just look at the money saved on attorney fees and court fees.
That's a new one for me too.
[...] Read the rest. [...]
It is not just Kagan, it is every liberal/progressive in office. They want to rule US as if we lived in Europe. They are missing the big picture, we will not go where they want to go. I know in some European nations, the citizens turned their weapons into the government. We are America, and that will never happen like that here. If ever attempted, well it would be very ugly.
http://www.newswithviews.com/NWV-News/news197.htm
Restore the Republic,
God Bless America
I am so tired of this, why don't we all wake up and understand whats really going on here. This "commander in thief" is robbing us of our CONTSITUTIONAL / inaliable rights under the guise of protection of the masses. The Bill of Rights are not just words on a document, they are OUR foundation!
But Heller does and that was her way of saying it is now settled law.
[...] » Kagan Opposes Second Amendment Gun Rights – Big Government [...]
The Government is neither Parent nor God. I have only 1 Father and God, Jesus Christ! World Authority means nothing to the Sons of God.
I can SEE,…!!!! ,…..I CAN SEE,….!!!!!!
heard a recording of her speaking in 2005 discussing her views on Barrack Obama,……..
She sure sounded Harriet Miersish.
There are two distinct concepts in the second amendment. First, that of a militia, being necessary to the security of a free state. The second, the right of the people to keep and bear arms. Both of these ideas are SEPARATED BY A COMMA SO THAT THE READER WOULD UNDERSTAND THERE ARE TWO DISTINCT CONCEPTS IN OPERATION. Then, a third, and final concept at the end of the second amendment, again, SEPARATED BY A COMMA, "SHALL NOT BE INFRINGED". All very simple to those who understand the english language. Those who wish to reinterpret the second amendment are either stupid, or playing stupid. Stupid or playing stupid is not a good thing when discussing those who would decide our future. The language is clear, but marxists see things in the Constitution that don't exist at all, and clearly do not see those that exist, such as the individual right to keep and bear arms.
We need to vote out any Senator that votes to put this women on the supreme court. Any Senator and party, vote them out, send them home!
"President Obama—the most anti-gun president is American history—"
[citation needed]
Glad you finally get it.
I mean, I understand the administration's point. That, when states are wrong, the Fed should step in. When they are right, the Fed should stand back.
But really, there needs to be some standardization. Hopefully Kagan's appointment can at least work towards that standardization on this issue.
Cowboy,
My job has me tied to the screen. I have a front row seat to the Obama freak show every day. I miss the big open sky west. Hey, at least the pinko commie obama is consistent!
Joe
Well screw her!
Wait, I didn't really mean that!!!
Really? What's he lied about?
Did you vote for Bill Clinton? Have you ever read his articles? He's a proven liar and partisan sycophant.
"There may not be a militia in the traditional sense now…"
On the contrary, there is. The 1776 militia was any male citizen old enough to use a gun. All were expected to own one, know how to use it, and be available for muster any time he was needed to defend his nation. All we lack today is organization and a few leaders to call the muster.
Well linked!
Most law abiding citizens won't shoot the poor bastards that come to disarm us much like what happened in Germany around 70 years ago. They will yell and curse, threaten and spit, but ultimately simply hand them over to the secret police. Welcome to the new United Socialist States of America.
It is coming faster than you might think. We have dropped the ball and it may be too late to save the day….
Absolutely. First rule of Dictator-ism.
As Sec of State of Ohio he violated his duty and purposely disenfranchised voters. Despite rejection from all other quarters, despite the fact he owned stock in the company, he shoved Diebold voting machines down the throats of Ohioans. Its a long list the number lawsuits leveled against him for violating his duty to the people he represented as Sec of State, because simply, he only represented the portion who happened to share his political ideology.
I think I did vote for Billy C. I liked him back then. I've never read his articles. He writes articles? Agreed, he is also a liar and sycophant.
She's possibly a throw-away candidate, like Harriett Meyers,
i.e. nominate one that likely will be denied and then easily usher in the real candidate of choice.
How comforting.
If they come to take my guns, there will be blood!!
OOOOH, GROSS…. puhlease don't say that. Five feet, three inches of pure unadulterated, nasty, buttercup sniffing sea cow. I wonder if she had a loaded 1911 .45 acp in her hand and her momma was about to be murdered, would she protect her momma or would she set the pistol down and try to talk him/her out of killing her. Maybe she would call the cops on her cell phone and hope they arrived in time to save her.
Go home troll… Your idiocy is too funny. Tell your lesbian lover, Kagan that we think she is a sea cow.
I will stand with you, RayRay.
[...] Well, what I do know is that certainly prospective justice Kagan never took the NRA course. She opposes the Second Amendment. [...]
[...] Kagan Opposes Second Amendment Gun Rights from Big Government by Ken Blackwell and Ken Klukowski 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 guns—even in your own home—is constitutional. [...]
Just try to get more than one of them before they get you. My suggestion would be to set out some claymoors around the perimeter of your last stand cowboy.
Talking about it and doing it are two VERY different things. If you have the guts to do it, hats off to you man…most won't. Look at the Jews in Germany and Poland about seventy years ago. For the most part, just bent over and took it. If it happens here, it will be slow to start, then get very bloody….
I knew there was strings attached,……what is it about this woman,………..
that makes you think she will help clarify this thing.
Hope you are hinting she will be a Constitutionalist.
is it right that one of the Founders said something to the effect of 'the beauty of the second amendment is that you don't need it until they try to take it away from you'?
He said as much, many times WWU,
How did he put it….
"The 2nd amendment gives Americans the RIGHT to keep and bear arms, but that doesn't necessarily mean they all SHOULD or are qualified to do so."
well what can you expect from and "outdated and deeply flawed document" like the Constitution.
Lord will Nov never get here, lol.
is that the same thing as being a carpet muncher?
WRH:
"Of course she does. But then again, so does the NRA who have worked FOR every piece of gun legislation for decades. A fine example is NRA's silence on Montana's laws and those like it -http://missoulian.com/news/state-and-regional/art… Another is how they are using gun LICENSING as bait-and-switch with right all the while using "rights" verbiage. "
Pay no attn to the man in the tin foil hat
Actually, WW,
Tx, La, Miss, and Al are thinkin of joint secession. Issuing their own currency, Ameros, not fiat, based on the price of oil and gas….and oh, btw….soon as they do, joining OPEC. US has an absolute, binding, non aggression treaty with them. And wouldn't OPEC just luvvvv to hook up with the sole provider of heating oil and natural gas for the US.
Push comes to shove that's the way it will go down. And the three Mexican states, including the one with the oil, that border the Gulf states are also thinkin of throwin in with them…
interesting times.
http://www.oathkeepers.com
[...] Obama-bots are indicating they want to control — or eliminate — our 2nd Amendment Right to Bear Arms. Supreme Court [...]
Oh yeh, RR,
That crossed my mind. He hasn't done anything else straight forward, why would he start now.
Can you say "CHUM?"
Soooo…..what's that OTHER hand doin?
I think if it comes to that Arkansas and Oklahoma would jump in with Texas. Even if just to make sure we could still whip you in collegiate sports. ( or try to…haha )
Have a little faith, POW.
Our military has been watchin very closely since 2006, actually. Push comes to shove they know which way their guns will point. Their oath MEANS somethin to them and it SPECIFICALLY SAYS "orders LEGAL AND ALLOWABLE under the UCMJ."
Obama may wish to reshape the nation but at the end of the day he may find he is not the final approving architect of the resulting landscape.
really really.
correction, I think . . . Harriet Miers
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