Axis of Right

Three Native Rhode Islanders Commenting From the Right on Politics and Anything Else

Posts Tagged ‘Anthony Kennedy’

Gun Rights Preserved by One Vote

Posted by Ryan on June 26, 2008

The Supreme Court has obviously been a little bipolar lately… who am I kidding?  Justice Kennedy wants to be the powerful/swing justice on the court as he voted today with the Four Good Justices to uphold the Second Amendment

It was a Scalia v. Stevens battle, with Scalia happily on the winning side. 

Justice Antonin Scalia wrote a lucid and detailed opinion for the majority (pdf — start on page four for Scalia’s view) where he addresses the original intent of the Founder’s views on individual gun ownership, referring to Jefferson, Madison and others in his opinion.  It’s cited full of British and American history as to the meaning of the Founder’s intentions, SCOTUS precedent, and the DC law itself.  It is a breath of fresh air.

The buzz out there is not that SCOTUS actually upheld the Constitution (which lately is pretty amazing), but that four justices saw no need to uphold over 216 years of precedent on the principle of individual gun rights!  If this is an indication of where things are going on this court, 2008 will sadly be a critical election to decide the political nature of our supposedly non-political branch.

Pic is Archibald Willard’s painting “Spirit of ’76.”

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Posted in Culture, Election 2008, Judicial Watch, Politics | Tagged: , , , , , , , , , | 12 Comments »

SCOTUS: Child Rapists are Protected from the Death Penalty

Posted by Ryan on June 25, 2008

The Supreme Court is getting out of control and the libs on the Court are certainly not making many friends lately.  What’s next I wonder?

In the wake of pronouncing that al Qaeda has more rights than Nazis did, and with 42 states having passed anti-Kelo laws, the Supreme Court voted 5-4 that the death penalty is off-limits for child rapists, unless of course, the child’s death results.  I’ll let you guess who voted to uphold Louisiana’s law allowing the death penalty for child rapists in this blatant act of judicial legislation.

All the Eighth Amendment “cruel and unusual” banter from Justice Kennedy (alas, a Reagan appointee gone loopy), doesn’t really take into account the effects on the victim.  Here’s what Justice Alito had to say about this ruling in his dissent:

“[Alito] lament[ed] that the majority had ruled out executing someone for raping a child ‘no matter how young the child, no matter how many times the child is raped, no matter how many children the perpetrator rapes, no matter how sadistic the crime, no matter how much physical or psychological trauma is inflicted, and no matter how heinous the perpetrator’s prior criminal record may be.’”

Maybe Justice Kennedy thought that the perp, Patrick Kennedy (no joke), was a relative or someone he knew.  Who knows?  Liberals on the court since the 1950s have seen the perps as the one’s potentially hurt by laws, not their victims so much.  I’m just waiting for the political branches of our government to assert themselves against the poorly devised judicial dictates from this court over the last few years. 

Posted in Blogroll, Culture, Election 2008, Judicial Watch, Politics, War on Terror | Tagged: , , , , , , , , , | 7 Comments »

Gitmo Detainees Get Their Day in Court

Posted by Ryan on June 12, 2008

And the Constitution gets its day on the toilet paper roll!  The Supreme Court was about as off-base and dangerous today as as they were in Dred Scott.  POWs held at Gitmo will, for the first time in our history, be allowed to have access to civilian US courts during wartime.

These are five Supreme Court Justices that have seriously endangered the American people today:  John Paul Stevens, Stephen Breyer, David Souter, Anthony Kennedy, and Ruth “Biddy” Ginsberg.

These are four Supreme Court Justices still believe in the worth of the Executive and Legislative Branch to protect the American people during wartime:  Chief Justice John Roberts, Clarence Thomas, Antonin Scalia, and Samuel Alito.

Never in our 232 year history has the American government under either the Articles of Confederation or the Constitution has allowed foreign combatants held overseas access to civilian courts during wartime… until today.  It is not just a defeat of the Bush Administration, but also for Congress, national security and by extension the American people.

Why should habeas corpus apply to non-Americans during wartime on those who tried to kill Americans and were taken on the battlefield?  This is a horribly dangerous precedent — we didn’t even allow Nazis that privilege!!!  What if some of the evidence against the terrorists is classified or involved in ongoing intelligence operations?  Don’t the detainees have the right to have that evidence used or brought up in open court?  The slippery slope potential is uncanny and not in our best interest. 

President Bush is in a position to make a magnanimous gesture for the sake of posterity and NOT enforce this ruling under his watch.  Yet, he will abide and we will suffer in the long-run.  Congress passed and the President signed the current law into effect in 2006, clarifying the law as the Supreme Court asked them too.  This is an example of “legislation from the bench” if anything ever was.  In the words of Justice Scalia: “The Nation will regret what the Court has done today.”

AP photo.

Posted in Culture, Election 2008, Judicial Watch, Politics, War on Terror | Tagged: , , , , , , , , , , , | 13 Comments »