How the McDonald decision shows that activism works

posted at 2:45 pm on July 5, 2010 by Ed Morrissey

Glenn Reynolds takes note of the significant shift in judicial and popular thought on gun control over the last 30 years, ending with the McDonald decision that made clear the individual right of Americans to keep and bear arms, in a Washington Examiner column over the weekend.  Glenn emphasizes that this shows how much impact the Tea Party can have if it maintains its efforts in the long run, reversing a seemingly-unstoppable tide of government bloat and intrusion, but the transformation is worthy of note even without that context:

Nowadays, it’s hard to find a Democrat outside of the party’s deepest-blue sanctuary cities who will argue against private ownership of guns. Even Al Sharpton reports that 90 percent of his talk show listeners are happy with the Supreme Court’s decision in favor of an individual right to arms. But less than 20 years ago, it was a different story altogether.

President George H.W. Bush talked about gun rights, but didn’t much mean it. His successor, President Clinton, was even more negative.

Gun control was on the march, gun control proponents said it was only a matter of time before America joined other “civilized” countries by banning the private ownership of firearms, and laws at both the state and federal level were getting tighter. Morton Grove, Ill., had banned handguns, and had seen that ban upheld by the U.S. Court of Appeals. (The Supreme Court declined to hear the case).

In 1994, House Speaker Tom Foley stopped the clock when the time for voting ran out on the Assault Weapons Ban, allowing the whips to round up a couple of votes and let the bill pass. The Assault Weapons Ban was seen by many — among both its proponents and its opponents — as a step toward a complete gun ban.

There was much gloom and doom talk among libertarians, conservatives and gun rights supporters generally. This was it. We were on the slippery slope to tyranny. But then something happened: People stopped talking, and started acting.

How deeply embedded was that popular consensus, especially in media and entertainment?  The 1995 romantic/political comedy The American President used the antipathy towards gun rights for its memorable climax, square in the middle of the Clinton era, by having Michael Douglas declare, “I’m gonna get the guns!”

Thirteen years later, the Democrats elected Barack Obama in part by convincing people that he wouldn’t come for our guns (figuratively speaking, as I don’t currently own a firearm).  In fact, Obama and the White House continue to insist that they’re not coming after the guns, although many gun owners don’t really believe it.  Why do they have to keep selling their stated laissez-faire policy on guns?  Because that’s the new mainstream.

Compare today with the release of this film.  Those who have seen The American President know that the character Douglas portrays is positioned in the film as a centrist who initially bails on the gun law out of political cowardice.  Gun-rights activists are portrayed as extremists out of the American mainstream, led by a Republican politician played by Richard Dreyfuss with all of the subtlety of a Snidely Whiplash.  The only thing Dreyfuss missed was a handlebar moustache he could twirl.  And this movie did decent box office, grossing $65 million domestically with another $30 million in rentals, according to IMDB, although its bloated $62 million budget — for a romantic comedy in 1995 dollars? — kept it in the red.  The anti-gun, pro-government control message was the old mainstream.

Second Amendment activists didn’t let the media and the political establishment stop them from fighting for individual liberty, Glenn argues, and the Tea Party activists need to take the same long-term view.  The effort won’t end after the midterm elections; in fact, that will only be the start.  We can change the big-government consensus, too, if we stick with it long enough to actually start reducing the size of government.

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Second Amendment activists didn’t let the media and the political establishment stop them from fighting for individual liberty

Unless they are the NRA and think they can screw over their members.

upinak on July 5, 2010 at 2:48 PM

We can carry our guns but not our bibles.

Kissmygrits on July 5, 2010 at 2:49 PM

Most telling is that the Democrats running for Nov. have not voiced opposition, but are rather ‘in favor’ all of a sudden.

Schadenfreude on July 5, 2010 at 2:49 PM

Most telling is that the Democrats running for Nov. have not voiced opposition, but are rather ‘in favor’ all of a sudden.

Schadenfreude on July 5, 2010 at 2:49 PM

Yeah, ask Reid.

upinak on July 5, 2010 at 2:50 PM

That scene from The American President did not work then, let alone now.

BTW did Adam Sorkin (who wrote that film and The West Wing) film this too?

Mr. Joe on July 5, 2010 at 2:50 PM

Watch out for the sheriffs – those who are opposed to guns will grant concealed carry licenses only to their cronies, even in conservative areas.

Schadenfreude on July 5, 2010 at 2:51 PM

Thanks for posting this, Ed. It’s a good lesson for those of us who just became active in politics over the last couple years!

joe_doufu on July 5, 2010 at 2:51 PM

Second Amendment activists didn’t let the media and the political establishment stop them from fighting for individual liberty, Glenn argues, and the Tea Party activists need to take the same long-term view. The effort won’t end after the midterm elections; in fact, that will only be the start. We can change the big-government consensus, too, if we stick with it long enough to actually start reducing the size of government.

Great post Ed and I’m encouraged to see how you and Glenn weave the current decision into the long view with the way forward. We need to begin with the end in mind—cutting and shuttering programs, targeted deletion of spending, elimination of redundancy and going after the guilds in the federal government and the teat suckers (like universities) and begin hitting them like clay pigeons.

ted c on July 5, 2010 at 2:52 PM

I envision a president like Palin or Christie standing in front of a federal building somewhere with 5 feet of chain and a padlock—giving a speech on spending and then ceremoniously padlocking the damn door (or signing a contract to sell the building)…

ted c on July 5, 2010 at 2:54 PM

(figuratively speaking, as I don’t currently own a firearm).

Ed, for the sake of you and your family, you should never admit that.

JohnInCA on July 5, 2010 at 2:54 PM

I think time has also changed people’s minds. You have ample history on gun bans in certain cities that show the ban is a dismal failure in stopping crime.

ButterflyDragon on July 5, 2010 at 2:56 PM

The effort won’t end after the midterm elections; in fact, that will only be the start.

Which is the exact response I always give when Allah links to gloom and doom stories about how the Tea Party will fail.

csdeven on July 5, 2010 at 2:57 PM

Ed, for the sake of you and your family, you should never admit that.

JohnInCA on July 5, 2010 at 2:54 PM

Ed owns a pen! That’s more dangerous to the traitors!

csdeven on July 5, 2010 at 2:58 PM

Great write up. Love watching that clip. It makes me laugh. Its so hopey changey.

El_Terrible on July 5, 2010 at 2:59 PM

So does this mean the “Overton Window” is shifting a little our way?

listens2glenn on July 5, 2010 at 2:59 PM

The effort won’t end after the midterm elections; in fact, that will only be the start.

Lindsey Graham—hardest hit.

ted c on July 5, 2010 at 3:00 PM

So does this mean the “Overton Window” is shifting a little our way?

listens2glenn on July 5, 2010 at 2:59 PM

let’s use their tactics against them. Hide the end results and get them to compromise everything that they’ve ever wanted in order to do it.

Utopia is—making a liberal cry uncle.

ted c on July 5, 2010 at 3:01 PM

It’s a marathon race and not a sprint. I think 2010 will just be the start too. I believe that 2012 will mark the beginning of a 12 or 16 year run where we cut, cut, cut and prosper, prosper, prosper.

Mojave Mark on July 5, 2010 at 3:01 PM

Ed: Why would you tell your audience that you do not own a firearm? I do not either, but appreciate that several/many of my neighbors do, and that criminals do not know which home to target safely.

exdeadhead on July 5, 2010 at 3:02 PM

Frankly, it would not surprise me in the least that if you mentioned the McDonald decision to Obama, he would reply that he prefers the cheeseburgers at Five Guy.

pilamaye on July 5, 2010 at 3:03 PM

As long as the Tea Parties keep their eyes on the Originalist view of the Constitution and not let Lindsey Graham’s prediction come true, it just might catch on!

cartooner on July 5, 2010 at 3:03 PM

I believe that 2012 will mark the beginning of a 12 or 16 year run where we cut, cut, cut and prosper, prosper, prosper.

Mojave Mark on July 5, 2010 at 3:01 PM

and hold a whole lot of hearings….

“Mr. Holder, please place one hand on the Bible and raise your right hand…..”

ted c on July 5, 2010 at 3:05 PM

Ed says: We can change the big-government consensus, too, if we stick with it long enough to actually start reducing the size of government.

Darn right!

exdeadhead on July 5, 2010 at 3:06 PM

So does this mean the “Overton Window” is shifting a little our way?

listens2glenn on July 5, 2010 at 2:59 PM

Overton Revenge.

Holger on July 5, 2010 at 3:06 PM

How the McDonald decision shows that judicial activism works

Fixed.

Proud Rino on July 5, 2010 at 3:14 PM

But the REALLY funny part of this movie is his little speech espousing the greatness of ACLU. Comedy gold, I tell you.
http://www.youtube.com/watch?v=mWRVbWMvi7c

Sayan Neviot on July 5, 2010 at 3:17 PM

FYI–Hermann Cain is on a tear on Hannity’s show on the topic of “Defending Fathers”, spurning patriots to action. He says to celebrate, have fellowship and give thanks to the providence that allowed this nation to be born. He continues that we need to decide—and ACT—it is our responsibility to keep the greatest country in the world..a great country. Doing what we can do, making sure that our children and our grandchildren get a better start than we did…and that they never forget what sacrifices were made for them.

good stuff.

ted c on July 5, 2010 at 3:18 PM

I fully support the Right’s new love affair with substantive due process and incorporation.

crr6 on July 5, 2010 at 3:18 PM

Did someone just blow a dog whistle?

Inanemergencydial on July 5, 2010 at 3:19 PM

Now all we need to do is pass a bill that says the commerce clause means congress can force us to buy a gun; and we are set.

lorien1973 on July 5, 2010 at 3:24 PM

The effort won’t end after the midterm elections; in fact, that will only be the start. We can change the big-government consensus, too, if we stick with it long enough to actually start reducing the size of government.

Nail… hammer.. etc. Nice one Ed.

Hog Wild on July 5, 2010 at 3:24 PM

Now all we need to do is pass a bill that says the commerce clause means congress can force us to buy a gun; and we are set.

lorien1973 on July 5, 2010 at 3:24 PM

And a Bible.

Inanemergencydial on July 5, 2010 at 3:26 PM

Great post, Ed!!

Khun Joe on July 5, 2010 at 3:27 PM

I fully support the Right’s new love affair with substantive due process and incorporation.

crr6 on July 5, 2010 at 3:18 PM

Compared to the Left’s way and never doing it?

keep trying …. you might make it to adulthood one day.

upinak on July 5, 2010 at 3:28 PM

That scene from The American President did not work then, let alone now.

Mr. Joe on July 5, 2010 at 2:50 PM

I take issue with this comment, because I think it implies that there were scenes from The American President that did work, and that is totally false.

Proud Rino on July 5, 2010 at 3:29 PM

I’m in this fight for the long haul.

indy8 on July 5, 2010 at 3:30 PM

Lindsey Grahamnesty is a fool. His prediction on the Tea Party makes as much sense as the speech he gave at the LaRaza Convention where he said anyone who voted against amnesty is a racist. Men this intellectually bankrupt are rarely right. When Obama says he is not coming after gunowners, why should anyone beieve him? He has lied relentlessly since assuming office and the future indicates it is standard operating procedure for him and his whole administration.

volsense on July 5, 2010 at 3:32 PM

I fully support the Right’s new love affair with substantive due process and incorporation.

crr6 on July 5, 2010 at 3:18 PM

Compared to the Left’s way and never doing it?

upinak on July 5, 2010 at 3:28 PM

What?

crr6 on July 5, 2010 at 3:32 PM

Overton Revenge.

Holger on July 5, 2010 at 3:06 PM

+1000 & it’s only the beginning……

huskerdiva on July 5, 2010 at 3:36 PM

The Clinton Administration saw the decline of support for more gun control laws go from a strong plurality to a weaker one as seen at the long-term tracking done by Gallup in 2009.

McDonald marks not a short term push by gun rights activists, but an over 40 year push by them to change the conception of the necessity for gun control laws in the US. Any one year may see setbacks, of course, but the long-term trend has been to lower and lower support for more gun control laws over time. Pew also backs this up since the early 1990′s.

This long-term trend is unmistakeable in the area of public opinion and, contrary to the mid-1990′s to 2010 shift in mainstream attitudes, points to a necessary building of support over decades, not years, for small and fiscally conservative government. Things can be sped up due to the upcoming need for austerity budgets and seeking to get a ‘grand bargain’ of cuts in government services for everyone as a going topic so as to cushion the mental shift necessary to get to austerity budgeting. If the 1980 election promises from Reagan had been carried out with a willing Congressional majority, or if fiscal conservatism had actually meant anything to the Republican party during the 1990′s, then the going would be much, much easier. That lack of fiscal rectitude, however, makes shifting the conversation from ‘what can government do for you’ to ‘stop doing things and let me keep my money’ a much, much harder one.

Even worse is the shift of social conservatism to big government conservatism, looking to use the capability of government to push a conservative venue, but at the societal and individual cost of higher taxes. SoCons need to be reminded that fiscal conservatism IS social conservatism as we are the best deciders in how to support society and government is a necessary evil, not a provider of the good. That means trying to sell an intra-conservatism message that brings into accord fiscal conservatives, social conservatives, national security conservatives and traditionalist conservatives, and slowly marginalizing big government conservatives as progressives with a right leaning face.

If gun rights and attitudes towards them are the measure, then be prepared for decades of insolvency and social decay while trying to get a cleaner concept of government that does a very few things and leaves us to decide for ourselves in our States as the basis for a National dialogue. I expect that gun rights are NOT the measure on this as fiscal conservatism has a ready analog in the household checkbook and jobs… but getting a ‘grand bargain’ together will require offering a way out of insolvency as a Nation, and restoring faith in a minimal government able to actually do a very few things for the Nation, not for us as individuals.

ajacksonian on July 5, 2010 at 3:37 PM

(figuratively speaking, as I don’t currently own a firearm).
Ed, for the sake of you and your family, you should never admit that.

JohnInCA on July 5, 2010 at 2:54 PM

Now you done it, Ed. You need to start shopping. Baretta makes a fine 9mm, or if you want something more compact, the Ruger SR9c is a good choice. But I would recommend something in a 40 S&W, more oomph without giving up the mag capacity of a 45.

iurockhead on July 5, 2010 at 3:40 PM

I take issue with this comment, because I think it implies that there were scenes from The American President that did work, and that is totally false.

Proud Rino on July 5, 2010 at 3:29 PM

If you can get past the politics(which is very hard to do in anything Aaron Sorkin writes), The American President is actually a halfway decent romantic comedy. There are a lot of really good lines in that flick.

The problem like I said is the political portion of the film. It’s totally condescending to anyone right of Castro. About the only thing Michael Douglas says in that entire movie that I agreed with was ironically in the same scene where he threatens to “get the guns”. He talks about how to truly be for free speech, you have to be willing to defend the rights of someone who stands for everything you oppose. That’s sound advice for a lot of libs(including ones involved with that movie).

Doughboy on July 5, 2010 at 3:45 PM

But then something happened: People stopped talking, and started acting.

Why do you suppose his demigodness is trying so hard, in stealth mode, to forge chastity belts onto talk radio and the internet.

Speakup on July 5, 2010 at 3:45 PM

Unless they are the NRA and think they can screw over their members.

upinak on July 5, 2010 at 2:48 PM

Okay, you really don’t need to join the circular firing squad the D’rats would have us form. You have demonstrated independent thought before so do it again. The D’rats are just once again showing us who they are afraid of. Same with Michael Steele. No way do I accept Gramesty’s BS at face value.

BTW I remain a proud Life Member of NRA. I did, however, drop a subscription to Red State when Eric or maybe Moe put up D’rat spin vs. NRA in two succeeding weeks.

Caststeel on July 5, 2010 at 3:45 PM

The practical result of the McDonald decision is simply a heads up to gun control advocates to write better laws, or write laws better, to pass Constitutional muster.

Like abortion. Anti-abortion advocates learned that they can’t outlaw abortion no matter how much they want to do so. They have to write anti-abortion laws to at least give lip service to the life of the mother. The fact that they don’t give a rats ass about the mother is immaterial to them. They know that they can’t pass any law without a qualifying life-of-the-mother clause. (“Health” of the mother gets by because some pro-lifers are too stupid to get the difference so don’t fight for the language that means what they want it to mean.)

Daley is already on record that this decision will evoke such strict regulation that it will end up being almost meaningless.

It is nice that the Supreme Court decided in favor of the principle involved. But like Roe, the opposition will never rest until it makes sure the laws make up for that outrageous judical activism [sarcasm/].

Jaynie59 on July 5, 2010 at 3:54 PM

If the Tea Party movement’s objective is to limit government power and restore some sort of constitutional framework to the United States, how is this decision anything other than a loss? Granted, the people of Illinois might be materially better off because of this decision (most conservatives would not disagree about this), but this ruling represents nothing other than a further advance of federal power at the expense of the several states. This is a loss for both state sovereignty and limited government, and no conservative should support the tyranny of a federal court merely because it has granted them their wish…this time.

Innocent Smith on July 5, 2010 at 3:57 PM

I knew I had seen this screenname before.

A whole page of concern. Tom Daschle levels of concern.

Inanemergencydial on July 5, 2010 at 4:02 PM

Inanemergencydial on July 5, 2010 at 4:02 PM

The smell of concern trolling in the morning.

lorien1973 on July 5, 2010 at 4:03 PM

lorien1973 on July 5, 2010 at 4:03 PM

Do you support the Court’s use of substantive due process?

crr6 on July 5, 2010 at 4:06 PM

Speaking of The American President,

“I’ve known Barack Obama for years, and I’ve been operating under the assumption that the reason Obama devotes so much time and energy to shouting at the rain was that he simply didn’t get it. Well, I was wrong. Obama’s problem isn’t that he doesn’t get it. Obama’s problem is that he can’t sell it! We have serious problems to solve, and we need serious people to solve them. And whatever your particular problem is, I promise you, Barack Obama is not the least bit interested in solving it. He is interested in two things and two things only: making you afraid of it and telling you who’s to blame for it. That, ladies and gentlemen, is how you win elections.”

mrt721 on July 5, 2010 at 4:08 PM

crr6 on July 5, 2010 at 4:06 PM

I actually preferred Thomas’ opinion on the matter.

Why? Did you feel like whining about minorities being able to defend themselves and their family and the racist roots of gun control laws again?

lorien1973 on July 5, 2010 at 4:10 PM

I actually preferred Thomas’ opinion on the matter.

lorien1973 on July 5, 2010 at 4:10 PM

So no, you don’t support the decision? Weird, you guys all seemed pretty excited about it.

I actually preferred Thomas’ opinion on the matter.

Why? Did you feel like whining about minorities being able to defend themselves and their family and the racist roots of gun control laws again?

lorien1973 on July 5, 2010 at 4:10 PM

lol. Those gun control laws were enacted by democratically elected representatives. if there really was some sort of consensus within the community that the laws weren’t necessary or desirable, you never would have had to resort to trying to the judicial branch to overturn them.

crr6 on July 5, 2010 at 4:15 PM

So no, you don’t support the decision?

Decision. Yes. Reasoning. No. I know it’s a hard concept.

crr6 on July 5, 2010 at 4:15 PM

Whatever helps you justify your desire to let minorities die without the right to defend themselves. I applaud you for steadfastness at least.

Care to whine more?

lorien1973 on July 5, 2010 at 4:20 PM

Decision. Yes. Reasoning. No. I know it’s a hard concept.

Yes, apparently “having principles” is a hard concept for you.

Whatever helps you justify your desire to let minorities die without the right to defend themselves.

It really shows how queasy you guys are about the decision that you lash out like this after the slightest provocation.

crr6-”Hey, isn’t it sort of hypocritical that you guys are all for substantive due process now? Does that mean you like Roe v. Wade?”

lorien-”WHY DO YOU WANT TO KILL ALL MINORITIES!!!>????!!11!!

Please continue, I’m enjoying it.

crr6 on July 5, 2010 at 4:33 PM

The effort won’t never end after the midterm elections; in fact, that will only be the start.

Corrected. Remember, with the Left, you can never relent.

CC

CapedConservative on July 5, 2010 at 4:35 PM

Schadenfreude on July 5, 2010 at 2:51 PM

Which means you need to keep working towards a law like Arizona has, concealed carry without a permit is now legal.

chemman on July 5, 2010 at 4:38 PM

Yes, apparently “having principles” is a hard concept for you.

Projection is a terrible thing.

crr6 on July 5, 2010 at 4:33 PM

Your sad little straw man aside…it’s always cute to have you authoritarians whine about the federal government over-reaching its powers. It’s a nice giggle.

lorien1973 on July 5, 2010 at 4:38 PM

Those gun control laws were enacted by democratically elected representatives. if there really was some sort of consensus within the community that the laws weren’t necessary or desirable, you never would have had to resort to trying to the judicial branch to overturn them.

crr6 on July 5, 2010 at 4:15 PM

I thought it was in Chicago.

TugboatPhil on July 5, 2010 at 4:41 PM

What a bastion of thoughtful conservative politics! Perhaps you can respond to the content of my criticism, which was, to my mind, respectful and easily understandable. And what is especially ironic is that the comment to which you link applies especially to you. Conservatives always complain that liberals do not listen to their arguments but instead defame their character. I fully agree with this criticism, which is why I am so shocked that I have only received the same treatment when commenting on this site.

Innocent Smith on July 5, 2010 at 4:45 PM

Winning Congress or even the White House won’t make any difference unless conservatives get the liberal slant out of our education and media institutions. It took decades and generations for liberals to seize control of them and turn out voters brain-washed to think America is an evil place, racism is endemic, and government is the solution, and now the graduate schools and scientific institutions are being infected. When educators go back to teaching hard subjects without bias, news reporters start reporting all the facts, and scientists test their theories against reality instead of “consensus”, we may just have turned the corner.

Socratease on July 5, 2010 at 4:47 PM

Innocent Smith on July 5, 2010 at 4:45 PM

Methinks thou doth protest too much. Thank you for your concern.

kingsjester on July 5, 2010 at 4:50 PM

[T]his ruling represents nothing other than a further advance of federal power at the expense of the several states.

It’s not an expansion of federal power, it’s an expansion of individual power. That’s the whole point of the 2nd Amendment, and the rest of the Amendments for that matter.

Socratease on July 5, 2010 at 4:51 PM

hehhh…do we have a new breed of troll?

ted c on July 5, 2010 at 4:52 PM

Just heard on the radio: NRA endorsed Harry Ried.

ladyingray on July 5, 2010 at 4:56 PM

ladyingray on July 5, 2010 at 4:56 PM

They’ve lost their collective mind.

Nope, ted. Just a Moby.

kingsjester on July 5, 2010 at 4:58 PM

ted c on July 5, 2010 at 4:52 PM

It’s the same troll.

lorien1973 on July 5, 2010 at 5:04 PM

It took Eric Holder about 5 or 6 weeks to declare the administration’s intentions to re-establish the Assault Weapons Ban.

The gun issue itself is frequently a weapon which will make many, many Dems recoil in fear and assert their supposed support for the Second Amendment, notwithstanding their previous speeches in support of gun control legislation.

It’s a largeley radioactive issue from the Dems’ standpoint.

Let’s keep it that way.

molonlabe28 on July 5, 2010 at 5:13 PM

BTW—I just saw that J. Christien Adams is to testify in front of a civil rights commission….from foxnews.com

ted c on July 5, 2010 at 5:15 PM

Daly, Bloomberg, et all haven’t given up. They will continue to obstruct until SCOTUS finally beats their heads in with the butt of a gun.

GarandFan on July 5, 2010 at 5:48 PM

as I don’t currently own a firearm

What?!?!?!?! Do you want to be a beta male?

There Goes The Neighborhood on July 5, 2010 at 6:56 PM

Great example, BTW. My wife loved the movie in spite of the politics. But I always found the politics too cloying to enjoy the movie.

On the other hand, it was a perfect picture of what the left wants to see in a president: brilliant, idealistic, and full of liberal self-righteousness. Someone they can put on a pedestal, like a Dear Leader.

It’s also a picture of how they see conservatives: evil and slimy.

In fact, it’s almost spooky how much Obama is made to look like Douglas in the film. I think it’s the central reason for painting him as a Constitutional Law Professor, even though he really wasn’t.

There Goes The Neighborhood on July 5, 2010 at 7:07 PM

Socratease, how is it an expansion of individual power when 9 federal appointees usurp the authority of a state? You cannot have it both ways. When the courts dictate law that satisfies liberals, conservatives become outraged by its activism. When the courts dictate law that satisfies conservatives, it represents a supposed new trend of adherence to the constitution. This is absolutely ridiculous.The championing of this decision by so called conservatives reveals that nobody really cares anymore about federalism or state sovereignty.

And finally, to those who would call me a troll. I have read this site everyday since its inception, probably longer than some of the people who comment. The only reason I find it necessary to comment on this site occasionally is because most of the modern conservative movement is actually philosophically liberal at heart. The praise of this ruling is just one example of the misguided and incoherent political commitments which make up contemporary American conservatism.

Innocent Smith on July 5, 2010 at 7:12 PM

If the Tea Party movement’s objective is to limit government power and restore some sort of constitutional framework to the United States, how is this decision anything other than a loss? Granted, the people of Illinois might be materially better off because of this decision (most conservatives would not disagree about this), but this ruling represents nothing other than a further advance of federal power at the expense of the several states. This is a loss for both state sovereignty and limited government, and no conservative should support the tyranny of a federal court merely because it has granted them their wish…this time.

Innocent Smith on July 5, 2010 at 3:57 PM

Ahh, silly liberal. Google “Constitution” and educate yourself. Pay close attention to the part about it being the supreme law of the land and binding even on properly elected legislatures.

In fact, I believe the exact wording that begins the 1st Amendment is “Congress shall make no law.” If it’s binding on Congress, I don’t see why Chicago is not bound.

There Goes The Neighborhood on July 5, 2010 at 7:14 PM

Ahh, silly liberal. Google “Constitution” and educate yourself. Pay close attention to the part about it being the supreme law of the land and binding even on properly elected legislatures.
In fact, I believe the exact wording that begins the 1st Amendment is “Congress shall make no law.” If it’s binding on Congress, I don’t see why Chicago is not bound.

There Goes The Neighborhood on July 5, 2010 at 7:14 PM

LMAO.

I have a feeling your post was a joke, but if not, do yourself a favor and google “Incorporation doctrine”.

crr6 on July 5, 2010 at 7:28 PM

Ahh, silly ideologue. Google “American History for 6th Graders” and you’ll see that the Bill of Rights enumerates the powers and limits of the federal government only. This is American History 101, or rather, it should be. The suggestions that I should be educated by somebody who does not know this is laughable.

Also, name one thing that I have said that can be considered liberal. I am a conservative, and I am arguing a position that has always been held by conservatives historically, unless conservative to you means only what has been advocated by Republicans since the 1980′s.

Innocent Smith on July 5, 2010 at 7:30 PM

Ahh, silly ideologue. Google “American History for 6th Graders” and you’ll see that the Bill of Rights enumerates the powers and limits of the federal government only. This is American History 101, or rather, it should be. The suggestions that I should be educated by somebody who does not know this is laughable.

Also, name one thing that I have said that can be considered liberal. I am a conservative, and I am arguing a position that has always been held by conservatives historically, unless conservative to you means only what has been advocated by Republicans since the 1980’s.

Innocent Smith on July 5, 2010 at 7:30 PM

I think incorporation is covered even by the 6th grade. But nice try.

There Goes The Neighborhood on July 5, 2010 at 10:23 PM

I think incorporation is covered even by the 6th grade. But nice try.

There Goes The Neighborhood on July 5, 2010 at 10:23 PM

Don’t know if you saw it earlier, but I linked to another comment thread he was active on. Someone asked if he was a borg. LOL. Anyway, here it is.

Inanemergencydial on July 5, 2010 at 11:04 PM

it’s funny that we’re talking movies.

last night i watched “runaway jury“, which had dabney coleman in the snidely whiplash role defending the gun manufacturers.

one moment of cinematic didactisism was at the part where the plot begins to unfold during opening arguments. a very earnest dustin hoffman presents the opening argument for the anti-2nd amendment side, and, hence, the object of dramatic struggle for the entire film. then it comes time for the opposing council to present opening arguments and…instead we are presented with plot exposition.

eh on July 6, 2010 at 2:09 AM

crr6 is a contemptible little worm should have been banned long ago. This is the snot-nosed little twerp who claimed “I’m better than you.”

Why do any of you even bother giving him/her/it the time of day?

Mary in LA on July 6, 2010 at 2:22 AM

crr6 is a contemptible little worm WHO should have been banned long ago.

FIFM. Can’t type, can’t spell, can’t even count my fingers and toes — I’m going to bed!

Mary in LA on July 6, 2010 at 2:25 AM

You can keep linking to my previous comment, but that only supports my initial claim. Do you think, for instance, that Neda’s family has ceased to care that she is dead. Obviously this is not the case, but do you honestly think any of those who wrote comments on this site still care or ever really cared at all? Of course they don’t, and I was correct to point out that a real girl’s death was used as political propaganda. Nobody mentions her anymore, nobody on Hot Air speaks about her or posts about her. Its like she never existed. She did, though, and she probably has many family members and friends who still mourn her. So please, do not try to further malign my character or act as if what I say is inhuman because it happens to be different from what you think. Again, this behavior is supposed to be typical of liberals, yet this is supposed to be a conservative site.

Innocent Smith on July 6, 2010 at 2:31 AM

Schadenfreude on July 5, 2010 at 2:51 PM

That’s why right to carry laws are important, where you must be issued a carry permit, unless there is compelling evidence, mental health, felon, etc. against it. Right to carry laws help everyone, not just those who carry guns.

flytier on July 6, 2010 at 9:43 AM

Innocent Smith,

If you read the Bill of Rights, the second ammendment clearly states “the right of the people to keep and bear arms”

If you read the 9th ammendment it does not deny rights to the people. The 10th then goes on to state the powers are reserved to the states, or to the people. The right to bear arms specifically being called out in ammendment 2 to the people.

So no, it isn’t the federal government overruling the states. It is the court getting it right for once and stating that ‘the rights of the people’ shall not be infringed.

Amazing what you find when you read.

The_Livewire on July 6, 2010 at 10:05 AM

Livewire, that is simply an ahistorical reading of the amendments. Alito’s opinion, for instance, admits that the Bill of Rights does not operate as limitations upon the states. His primary reasoning for voting against state law, however, is explicitly to continue the precedent of incorporation, which has always been the usurpation of state sovereignty in order to strengthen the federal government. There is simply no proper constitutional argument for this ruling which respects federalism and the autonomy of the several states.

Innocent Smith on July 6, 2010 at 10:28 AM

Ahistorical = what the plain language says. Got it.

The_Livewire on July 6, 2010 at 1:06 PM

The plain language says nothing about limiting the operations of the states but only that of the federal government. The “plain language” is really your own interpretation, an interpretation which is countered by the entire history of incorporation and the federal courts. This is actually quite uncontroversial constitutional history and it is amazing that it is being disputed.

Innocent Smith on July 6, 2010 at 4:54 PM