Axis of Right

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

Posts Tagged ‘Stephen Breyer’

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 »

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 »

Hey Voter, Show Me Your ID!

Posted by Ryan on April 28, 2008

The Roberts Court ruled today that Indiana’s Voter ID law is constitutional in a 6-3 decision by amply justifying that IDs  serve “the valid interest in protecting ‘the integrity and reliability of the electoral process,'” according to the majority.

I’ll let you guess which three were in the minority…

Give up? 

Stephen “International Law” Breyer, Ruth “Biddy” Ginsburg, and David “Don’t Tax My View” Souter, of course!

I totally agree with this decision.  Unlike Indiana, New Jersey does not require photo IDs at the polling station.  Yet, when I do vote I always make sure to take out my ID and politely ask a loud question, “Do you need to see my ID?” so that everyone can hear.  I get kudos every time.  The Decision does not make states require ID verification, but it allows them to choose.  I guess this is one “pro-choice” decision the Libs won’t like!

Posted in Judicial Watch, Politics | Tagged: , , , , | 2 Comments »