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Stare decisis, sometimes
American Thinker ^ | June 29, 2010 | Aaron Gee

Posted on 06/29/2010 1:33:16 PM PDT by jazusamo

Can we stop pretending that liberal jurisprudence is anything but warmed over politics in a judicial robe?  Yesterday's decision by the Supreme Court in McDonald v. Chicago proves beyond a shadow of a doubt that the left-leaning justices will vote what they believe regardless of what a law's intentions were.  Concepts like 'stare decisis' (the legal principle that obliges judges to respect precedents established by prior decisions) that were so important during the confirmation hearings of Justice Roberts, mean nothing to the sitting liberal justices.  Each of the left leaning judges voted as if The District of Columbia vs Heller had not decided unequivocally that the right to keep and bear arms was an individual right.  Justices Stevens, Breyer, Ginsburg, and Sotomayor ignored stare decisis, the law, and the intentions of the authors of our Constitution to vote against restraints on Government power.

It's instructive to read the dissenting opinions in both the Heller and McDonald cases.  In Heller, the contortions that the justices go through to attempt to defend their position is amazing in their duplicity.  The dissents' arguments, logic, and linguistic acrobatics are so stunning that they are gently made fun of in the majority's opinion (it's both funny and sad that the logic used by the dissents is that poor).  In the McDonald decision the dissenting justices dispense with attempting to argue law and instead argue politics.  Justice Breyer talks about the effects of firearms ownership (itself an opinion) and doesn't dabble much in the law except to note that other countries have outlawed firearms ownership.  What any of that has to do with The Constitution of the United States Of America is anybody's guess, but it clearly proves that the liberal Justices aren't making decisions based on law, precedent, or the framer's intention. 

This leads us to a dangerous place in today's political landscape.  Our legal system was designed to help prevent the abuses our founding fathers suffered under at the hands of a monarchy.  The Constitution was designed to limit the power of the government, and our judicial system was designed to provide a check and balance on how power by the other branches was wielded.  Once that judicial branch stops acting in that capacity, it becomes law-making body.  As a law making body its members are not subject to political pressure in the same way that elected officials are and is entirely undemocratic.

This brings us to today's Senate confirmation hearings.  The question of the day for Elena Kagan is "Does
stare decisis apply equally to Roe v Wade and The District of Columbia vs Heller?"  Regardless of her answer, we know from what she has written that Elena Kagen would have voted with the dissenters, ignoring stare decisis, the law, the clear intent of our Constitution and that makes her unfit for the job.


TOPICS: Constitution/Conservatism; Front Page News; Government; News/Current Events
KEYWORDS: 2nd; bang; banglist; democrats; guns; heller; kagan; kagantruthfile; mcdonald; mcdonaldvchicago; scotus; shallnotbeinfringed; staredecisis

1 posted on 06/29/2010 1:33:22 PM PDT by jazusamo
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To: jazusamo
What any of that has to do with The Constitution of the United States Of America is anybody's guess

The other two branches don't follow the US Constitution, why should the judicial?

2 posted on 06/29/2010 1:38:58 PM PDT by bgill (how could a young man born here in Kenya, who is not even a native American, become the POTUS)
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To: harpseal; TexasCowboy; nunya bidness; AAABEST; Travis McGee; Squantos; wku man; SLB; ...
Click the Gadsden flag for pro-gun resources!
3 posted on 06/29/2010 1:42:58 PM PDT by Joe Brower (Sheep have three speeds: "graze", "stampede" and "cower".)
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To: bgill

A valid point and many in the judicial branch don’t.


4 posted on 06/29/2010 1:43:12 PM PDT by jazusamo (But there really is no free lunch, except in the world of political rhetoric,.: Thomas Sowell)
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To: jazusamo
The liberal trash needs to remember that in the future, a court composed of more conservative judges might well ignore the make-believe constitutional concept that protects Roe v. Wade as they, the conservatives, take a shot kicking ‘stare decisis’ down the road.
5 posted on 06/29/2010 1:49:29 PM PDT by skimbell
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To: jazusamo

the constitution is meaningless, or at best, secondary to the agenda.


6 posted on 06/29/2010 1:56:39 PM PDT by paul51 (11 September 2001 - Never forget)
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To: jazusamo

Inside every Leftist politician, judge, journalist and ‘celebrity’ - in fact, every Leftist in public life - is a Little Dictator struggling to get out.


7 posted on 06/29/2010 2:07:20 PM PDT by Jack Hammer
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To: jazusamo

Shouldn’t be any great surprise. Liberals are all about the rules, at least when they’re for “thee” and not “me”. In fact even on this particular issue, they’re contradicting themselves from when they contradicted their earlier contradictions. They’re so concerned about “stare decisis” when confirming a potentially conservative jurist, but the decisions they seek to enshrine are far newer and shorter lived than the practices and rulings THEY overturned, thus LESS deserving of deference than those liberals were happy to cast aside.


8 posted on 06/29/2010 2:14:28 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: jazusamo

it is a stupid question for a supreme court nominee.

stare decisis does not apply to them because THEY are the highest court with no other court above them.

The supreme court always has the power to overule itself. Reporters are just too stupid to get it. (cnn’s toobin is just plain stupid and should have his JD revoked)


9 posted on 06/29/2010 3:01:43 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Jack Hammer

I think that applies to all leftists! They can’t run their own lives but they sure think they can tell you how to run your’s!


10 posted on 06/29/2010 3:10:04 PM PDT by chris_bdba
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To: AdmSmith; Berosus; bigheadfred; blueyon; Convert from ECUSA; dervish; Ernest_at_the_Beach; ...
Concepts like 'stare decisis' (the legal principle that obliges judges to respect precedents established by prior decisions) that were so important during the confirmation hearings of Justice Roberts, mean nothing to the sitting liberal justices.
Thanks jazusamo.
11 posted on 06/29/2010 3:11:41 PM PDT by SunkenCiv ("Fools learn from experience. I prefer to learn from the experience of others." -- Otto von Bismarck)
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To: jazusamo
Thank you. I wanted to express just that, but I am not as articulate.
12 posted on 06/29/2010 3:47:49 PM PDT by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
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To: bgill
The other two branches don't follow the US Constitution, why should the judicial?

Quite right. Go back one step further. If the citizenry are not virtuous, but degenerate, immoral, ignorant of the constitutional duties of their government, and their unalienable rights, why should the other two branches follow the Constitution?

Ben Franklin was right. It is up to us to keep our republic.

13 posted on 06/29/2010 3:52:06 PM PDT by Jacquerie (A state can be virtuous only when the citizens are virtuous - Aristotle)
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To: jazusamo

Nothing real means anything to liberals. It’s all what they say it is when they say it is. Alice in Wonderland time for all.


14 posted on 06/29/2010 4:06:51 PM PDT by livius
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To: skimbell

I’d prefer they go after the true meaning of the commerce clause and the contortions that it has allowed for the feds to usurp the majority of states powers - this will lead to resolving more than just the abortion usurpation.


15 posted on 06/29/2010 4:12:58 PM PDT by reed13 (The only thing necessary for the triumph of evil is for good men to do nothing.")
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To: jazusamo

Can we now charge Sotomayer with perjury for lying to Congress when she said that she believed that the 2nd Amendment was an individual right?


16 posted on 06/29/2010 4:48:14 PM PDT by Blood of Tyrants (The US will not die with a whimper. It will die with thundering applause from the left.)
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To: Blood of Tyrants

I hear you, she lied through her teeth.


17 posted on 06/29/2010 4:58:09 PM PDT by jazusamo (But there really is no free lunch, except in the world of political rhetoric,.: Thomas Sowell)
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To: jazusamo

Short of impeachment there are no checks on the USSC. This makes it unique and arguably the most dangerous branch of government. Especially now that many justices just cloth political objectives with legal sophistry and pass it off as jurisprudence.


18 posted on 06/29/2010 5:51:19 PM PDT by circlecity
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To: jazusamo
Justices Stevens, Breyer, Ginsburg, and Sotomayor ignored stare decisis, the law, and the intentions of the authors of our Constitution to vote against restraints on Government power.

They also vote ignoring the possibility of starting a civil war.

19 posted on 06/29/2010 7:31:09 PM PDT by coloradan (The US has become a banana republic, except without the bananas - or the republic.)
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To: Blood of Tyrants

That’s a great question, and maybe deserves an answer from my elected reps ... unfortunately all ‘rats these days.


20 posted on 06/29/2010 7:55:02 PM PDT by coloradan (The US has become a banana republic, except without the bananas - or the republic.)
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To: circlecity
Short of impeachment there are no checks on the USSC.

Yes there is. Think about it and you'll realize why they voted the way they did. The dissenters just revealed what they really think about us regular Americans in flyover country and the power they want to wield against us.

21 posted on 06/29/2010 8:16:23 PM PDT by metalurgist (I Want your country back? It'll take guns and rope. Marxists won't give up peaceably.)
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To: jazusamo
Scalia's smackdown of the dissenting opinion was classic, and a must-read.

 

Cornell has links to the opinions in HTML

Quoting Scalia (Bolding is mine)

  Exactly what is covered is not clear. But whatever else is in, he knows that the right to keep and bear arms is out, despite its being as “deeply rooted in this Nation’s history and tradition,” Washington v. Glucksberg , 521 U. S. 702, 721 (1997) (internal quotation marks omitted), as a right can be, see District of Columbia v. Heller , 554 U. S. ___, ___–___, ___–___, ___–___ (2008) (slip op., at 20–21, 26–30, 41–44). I can find no other explanation for such certitude except that Justice Stevens, despite his forswearing of “personal and private notions, post , at 21 (internal quotation marks omitted), deeply believes it should be out.

Wow. In the language of a supreme court ruling, thems pracically fighting words. Scalia pretty much came right out and said the minority were practicing judicial malpractice.

22 posted on 06/29/2010 8:23:52 PM PDT by zeugma (Ad Majorem Dei Gloriam)
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To: coloradan
Mark Levin gave a great reply to the stupid question Patrick Leahey asked of Kagan, ' the founders couldn't have anticipated the complex society we have today, therefore the court would have to make broad interpretations',ect.puke.

Mark noted (paraphrase) that the supreme court should not have an answer for every ill and that it was up to the states or the people because this is the only way to insure the greatest freedom with the least intrusion of government into our lives.

The Second Ammendment is a great example where justices go beyond their jurisdiction. It clearly states a right (of the people) that shall not be infringed, yet first, they refuse to recognize this 'right'(by supporting bans), and second, every permit/license/registration/fee, etc. required of a gun owner is an infringement and clearly violates the 2A.

Uninfringed means you walk into a gun store, see a gun you like, buy it, and walk out with it. No different than buying a three-pack of men's briefs uninfringed or bath oils and shampoo, uninfringed.

The Courts correct response to Chicago's ban should be to nullify it and let them know they'll be responsible civilly for any deaths where it could be reasonably shown to have occurred where a handgun or other gun, by it's absence due to their ban, contributed significantly to the likelyhood of death.

23 posted on 06/30/2010 11:20:51 PM PDT by budwiesest (It's that girl from Alaska, again.)
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