Let it Bleed
New member
Judicial activism is deciding issues that need not be reached in order to resolve the case or controversy presently before the court.
For example, look at the recent D.C. Ct. App. case in Parker. Assume the case is heard by the Court on cert and the Supremes decide that there wasn't standing. I may disagree with the decision based on legal, political, or emotional reasons, but the Court will have exercised judicial restraint by not deciding more than necessary to resolve that particular dispute.
As to same sex marriage, I don't have a dog in the fight and truthfully don't care. I do consider it a political issue that would be better left in the hands of legislatures. In fact, isn't there majority support for same sex marriage in a number of states.
As for Parker, I fear this may be a "careful what you wish for b/c you just may get it" situation. The RKBA and gun owners in general have won numerous political battles that may be undone by one ill conceived legal challenge. 20 years ago there were few if any shall issue states. Today the number is over 30. Federal legislation was passed to protect firearm manufacturers. Right or wrong it demonstrates the political clout of gun owners in general.
In Parker, the majority rejected the idea that the 2nd amendment was a dead letter. Incredibly, I fear that an ultimate legal showdown over the 2nd amendment could possibly lead to this conclusion.
If the Court finds the first clause of the 2nd amendment is prefatory and that the second clause is operative and evinces an individual right, then gun owners will rejoice.
Alternatively, if the first clause modifies or resticts the scope of the second clause, then there is a persuasive argument that the 2nd amendment is a dead letter. Regardless of the endless and myriad definitions regurgitated by others regarding the definition of militia, there is no more state militia in existence today.
For that reason, I wonder if the RKBA and the protection of all individual liberties wouldn't be better served by working to resurrect and reconstitute a functional and legitimate state militia in each of the several states.
For example, look at the recent D.C. Ct. App. case in Parker. Assume the case is heard by the Court on cert and the Supremes decide that there wasn't standing. I may disagree with the decision based on legal, political, or emotional reasons, but the Court will have exercised judicial restraint by not deciding more than necessary to resolve that particular dispute.
As to same sex marriage, I don't have a dog in the fight and truthfully don't care. I do consider it a political issue that would be better left in the hands of legislatures. In fact, isn't there majority support for same sex marriage in a number of states.
As for Parker, I fear this may be a "careful what you wish for b/c you just may get it" situation. The RKBA and gun owners in general have won numerous political battles that may be undone by one ill conceived legal challenge. 20 years ago there were few if any shall issue states. Today the number is over 30. Federal legislation was passed to protect firearm manufacturers. Right or wrong it demonstrates the political clout of gun owners in general.
In Parker, the majority rejected the idea that the 2nd amendment was a dead letter. Incredibly, I fear that an ultimate legal showdown over the 2nd amendment could possibly lead to this conclusion.
If the Court finds the first clause of the 2nd amendment is prefatory and that the second clause is operative and evinces an individual right, then gun owners will rejoice.
Alternatively, if the first clause modifies or resticts the scope of the second clause, then there is a persuasive argument that the 2nd amendment is a dead letter. Regardless of the endless and myriad definitions regurgitated by others regarding the definition of militia, there is no more state militia in existence today.
For that reason, I wonder if the RKBA and the protection of all individual liberties wouldn't be better served by working to resurrect and reconstitute a functional and legitimate state militia in each of the several states.