What the left calls a “a gun-rights extremist who, if given the chance, would likely give machine guns to violent felons while they’re still imprisoned” is actually (according to the NRA) A judge with a track record of honestly upholding the law.
As a member of the @senjudiciary, I was proud to support the confirmation of U.S. Supreme Court Justice Amy Coney Barrett. I know she will uphold the Constitution, interpret the law as written, and not legislate personal political beliefs from the bench. #SCOTUS pic.twitter.com/y5wtWk4P3F
— Senator Thom Tillis (@SenThomTillis) November 3, 2020
According to the NRA “What is especially terrifying to the left is that Justice Amy Coney Barrett seems likely to solidify a majority on the high court who know their job isn’t to write the law from the bench—they are not, and must never act as, a super legislature.”
The NRA thinks “Judge Barrett’s record indicates she is also likely to agree to take up a Second Amendment case should one be considered.”
“In fact, last year, while she was on the Seventh Circuit, Judge Barrett heard a case dealing directly with gun-control restrictions. The case was Kanter v. Barr (7th Cir. 2019), and it involved a challenge to what amounted to a lifetime ban on a person’s Second Amendment rights. Its plaintiff, Robert Kanter, had pled guilty to a single count of federal mail fraud, and was sentenced to one year and a day in prison, which meant Kanter could not legally acquire firearms for the rest of his life.” Frank Miniter, Editor in Chief of NRA Explore said.
Justice Barrett has proven that she can hold her own against the legislators, especially during her confirmation hearing The NSSF reported:
“Judge Barrett left some senators completely flat-footed in the understanding of what her role would be on the bench and what the senator’s job is in the legislature. She was asked time and again, if she would commit herself to specific policy positions, and not just those confined to gun rights. She explained to Sen. Graham that’s not judge’s role.
“Judges can’t just wake up one day and say ‘I have an agenda. I like guns. I hate guns. I like abortion. I hate abortion.’ and walk in like a royal queen and impose their will on the world,” Judge Barrett explained.
Sen. Ted Cruz (R-Texas) offered her the opportunity to confirm to the audience of lawmakers that they, in fact, create laws and set policy. Judges decide if those policies are lawful.
“Many Democratic members of this committee seem to be treating this hearing as a policy hearing on what’s good healthcare policy, what’s good gun policy, what’s good voting rights policy,” Sen. Cruz said. “Judge Barrett, in your view, is it the responsibility of a federal judge to implement policy positions that they might happen to agree with?”
“That’s your job, not a judge’s,” Judge Barrett said.” The NSSF Transcribed.
Education. Faith. Family. Community. Equal justice under the law.
These are values that Americans hold dear – and they're all embodied by Judge Amy Coney Barrett. I was proud introduce Judge Barrett as she begins her Supreme Court confirmation hearing. https://t.co/3xXFLsEaaN pic.twitter.com/lKcaer38oo
— Senator Todd Young (@SenToddYoung) October 12, 2020
Liberal sites, such as Yahoo news, are particularly upset about the confirmation, saying the following:
“Pro-life” Judge Amy Coney Barrett, who will almost certainly be seated on the Supreme Court this week, seems to have no problem putting guns in the hands of individual Americans who want to buy them — every Tom, Dick and Kyle. She reportedly takes “an expansive view” of the Second Amendment, writing in her only ruling on gun regulation that it should not be considered “a second-class amendment.”
Altho rather amusing, this is proof enough that the second amendment is in safe hands under Justice Barrett.
Justice Amy Coney Barrett Second Amendment dilemma
In some 229 years neither law professors, academic scholars, teachers, students or congressional legislators after much debate have not been able to satisfactorily explain or demonstrate the Framers intended purpose of Second Amendment of the Constitution. I had taken up that challenge allowing Supreme Court Justice Amy Coney Barrett’s dilemma to understand the true intent of the Second Amendment.
I will relate further by demonstration, the intent of the Framers, my understanding using the associated wording to explain. The Second Amendment states, “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”
Militia, a body of citizens organized for military service.
If, as some may argue, the Second Amendment’s “militia” meaning is that every person has a right to keep and bear arms, the only way to describe ones right as a private individual is not as a “militia” but as a “person.” (The individual personality of a human being: self)
The Article of Confederation lists eleven (11) references to“person/s.” The Constitution lists “person” or “persons” 49 times to explicitly describe, clarify and mandate a constitutional legal standing as to a “person” his or her constitutional duty and rights, what he or she can do or not do.
It’s not enough to just say “person/s” is mentioned in the United States Constitution 49 times, but to see it for yourself (forgo listing), and the realization was for the concern envisioned bt the Framers that every person be secure in these rights explicitly spelled out, referenced and understood how these right were to be applied to that “person.”
Whereas, in the Second Amendment any reference to “person” is not to be found. Was there a reason? Which leaves the obvious question, why did the Framers use the noun “person/s” as liberally as they did throughout the Constitution 49 times and not apply this understanding to explicitly convey the same legal standard in defining an individual “persons” right to bear arms as a person?
Justice Amy Coney Barrett dissent in Barr v Kanter (2019) Second Amendment argument acquiesced to 42 references to “person/s, of which 13 characterize either a gun or firearm. Her Second Amendment, “textualism” approach having zero reference to “person/s. Justice Barrett’s view only recognizes “person/s” in Barr, as well in her many other 7th circuit rulings. It is her refusal to acknowledge, recognize or connect the U.S. Constitution benchmark legislative interpretive precept language of “person/s,” mandated in our Constitution 49 times, to the Second Amendment.
Leaving Supreme Court Justice Barrett’s judgment in question.
In the entire U.S. Constitution “militia” is mentioned 5 times. In these references there is no mention of “person” or “persons.” One reference to “people” in the Second Amendment. People, meaning not a person but persons in describing militia.
Now comes the word “shall” mentioned in the Constitution 100 times. SHALL; ought to, must ..
And interestingly, the word “shall” appears in the Second Amendment. “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, and shall not be infringed.”
“[S]hall not be infringed.” Adding another word “infringed” to clarify any misunderstanding as to the intent of the Second Amendment. Infringe. To encroach upon in a way that violates law or the rights of another;
The condition “Infringe” has put a stop as to any counter thoughts regarding the Second Amendment, as you shall not infringe or encroach on beliefs other to what is evident as to the subject “Militia.”
Finally, clarifying “..the right of the people to keep and bear arms…
People. Human beings making up a group or assembly or linked by common interest.
In closing, I am not against guns, everybody has them. I’m against using the Second Amendment illogically as a crutch. If it makes those feel better so be it. Just what it deserves, use it with a wink.
William Heino Sr.