The National Rifle Association (NRA) has long enjoyed congressional influence sufficient to ensure that the likelihood of repeal of the 2d Amendment to the United States Constitution (the Constitution) ranged from remote to nonexistent. However, should the NRA fail to appreciate the import of the action the United States Supreme Court (scotus) is about to take, its influence in congress may be rendered moot.
The scotus is prepared to declare a constitutional right to gay marriage. Inasmuch as the Constitution articulates no right to marriage, there is no constitutional basis for such a declaration; therefore, the declaration would effectively amend the Constitution; in violation of Article V of the Constitution.
The scotus has, for quite some time, presumed to speak for the Constitution. For example, the 1st Amendment to the Constitution states, in part, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;…”. There is no logical rational way to infer a mandate for the absolute separation of church and state from that statement. However, the courts routinely rule the juxtaposition of anything remotely symbolic of Christianity and anything which could possibly be construed as government owned or controlled to be a constitutional violation; notwithstanding the absence of any law, made by congress or any other legislature, respecting an establishment of religion; in effect imposing an amended version of the Constitution.
In an interview with the Takeaway. Associate Justice Ruth Bader Ginsberg said that she considered herself to be the leader of the liberal wing of the court. The fact that the female justices tend to vote in unison seems consistent with that characterization. This is significant because of what she had to say during that interview about the 2d Amendment to the US Constitution.
She said, in part, “The Second Amendment has a preamble about the need for a militia…Historically, the new government had no money to pay for an army, so they relied on the state militias. And the states required men to have certain weapons and they specified in the law what weapons these people had to keep in their home so that when they were called to do service as militiamen, they would have them. That was the entire purpose of the Second Amendment…”.
She goes on to say, “When we no longer need people to keep muskets in their home, then the Second Amendment has no function, its function is to enable the young nation to have people who will fight for it to have weapons that those soldiers will own. So I view the Second Amendment as rooted in the time totally allied to the need to support a militia. So…the Second Amendment is outdated in the sense that its function has become obsolete.”
With three votes in support of this opinion on a scotus with the hubris to accord constitutionality to any opinion, upon which five of them agree, it should not be too difficult to discern the threat to the 2d Amendment.
The Constitution vests “all” legislative power in congress which means “case law is not law” Article V of the Constitution states that only congress and the people can amend the Constitution; not the scotus. However, only congress can exercise its Constitutional authority to stop the scotus.
It is time for all parties in congress to stop fighting among themselves and defend the Constitution as they swore an oath to do. Congress must tell the scotus in no uncertain terms that “case law is not law”; only congress can make federal law. It must tell the court that it has no constitutional authority to amend repeal or invalidate an Act of Congress which means the Defense of Marriage Act (DOMA) remains in full effect and that any ruling on marriage must regard it as law regardless of its opinion of it. It must admonish the court that regardless of what it has done in the past, future rulings not discernibly founded in the Constitution will be considered bad behavior for which the offending jurist will be impeached and if convicted removed from the bench.
It is time for congress to defend the Constitution, State sovereignty and the American people or it is time to get people in congress who can.