Did you know? The Patriot Post is funded 100% by its readers. Help us stay front and center in the fight for Liberty and support the 2024 Year-End Campaign.

June 28, 2010

Supreme Court Upholds Second Amendment Rights

The United States Supreme Court issued a 5-4 ruling today that the Second Amendment does, in fact, mean what it says – even in Chicago – and guarantees an individual right to keep and bear arms. The case at hand was McDonald v. City of Chicago, in which the plaintiff sought to overturn Chicago’s blanket ban on handguns.

The Amendment reads, “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.” The Chicago ban clearly infringed on that right.

That didn’t stop the Chicago Tribune from spinning in its headline, “Supreme Court extends gun rights.” The Tribune lamented that the Court’s decision had “extended the reach of the 2nd Amendment as a nationwide protection.” Such language, of course, suggests that the Court invented the right out of thin air – sort of like abortion on demand. Unlike abortion, however, the right to keep and bear arms is actually written down in the Constitution, in plain view for all to see.

Hans von Spakovsky of the Heritage Foundation summed up the case:

In 2008 in District of Columbia v. Heller, the Court for the first time held that the right to bear arms was an individual right. But that decision, which struck down a virtual ban on handguns and a requirement that rifles and shotguns had to be kept “unloaded and disassembled or bound by a trigger lock” in the District of Columbia, applied only to the federal government because the District is a federal enclave. What had never been decided before today’s decision in McDonald v. Chicago was whether the protection of the Second Amendment is incorporated through the Fourteenth Amendment’s Due Process Clause to apply to state and local governments.

The Associated Press reports, “Monday’s decision did not explicitly strike down the Chicago area laws, ordering a federal appeals court to reconsider its ruling. But it left little doubt that they would eventually fall.”

Predictably, the split was along ideological lines. Chief Justice John Roberts, and Justices Sam Alito, Anthony Kennedy, Antonin Scalia and Clarence Thomas were in the majority; Steven Breyer, Ruth Bader Ginsburg, Sonia Sotomayor and John Paul Stevens, who served his last day on the court Monday, dissented.

Writing for the majority, Justice Alito observed, “It is clear that the Framers and ratifiers of the Fourteenth Amendment counted the right to keep and bear arms among those fundamental rights necessary to our system of ordered liberty.” Alito also wrote, “The Fourteenth Amendment makes the Second Amendment right to keep and bear arms fully applicable to the States.”

Justice Thomas, in a separate opinion, argued a different constitutional rationale, saying, “[The] Due Process Clause, which speaks only to ‘process,’ cannot impose the type of substantive restraint on state legislation that the Court asserts. Rather, the right to keep and bear arms is enforceable against the States because it is a privilege of American citizenship recognized by §1 of the Fourteenth Amendment, which provides, inter alia: ‘No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.’”

Out in left field, Justice Breyer displayed his bullheaded ignorance, writing, “[N]othing in 18th-, 19th-, 20th-, or 21st-century history shows a consensus that the right to private armed self-defense … is ‘deeply rooted in this nation’s history or tradition’ or is otherwise ‘fundamental.’” Justice Stevens dissented separately, and suddenly became a proponent of federalism: “[T]his is a quintessential area in which federalism ought to be allowed to flourish without this court’s meddling.” Where was this fair-weather federalist with any number of other heavy handed rulings that took away states’ rights?

As for Solicitor General Elena Kagan, Barack Obama’s nominee to replace Stevens on the Court, she pleaded the Fifth. In a monumental case involving the Bill of Rights, she chose not to file so much as a brief in the case. In the past, however, she stated that she was “not sympathetic” to a District resident with a complaint similar to that eventually upheld by the Court in District of Columbia v. Heller. Put another way, Kagan is hostile to the Second Amendment.

The courts likely will now face numerous cases on other state and local gun restrictions. The Supreme Court ruled that gun ownership is an individual right, but it left open many questions regarding who, what and where. This is yet another way in which elections have consequences. For at least two and a half more years, an anti-gun leftist occupies the White House and wields the power to nominate like-minded individuals to the courts.

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the Tunnel to Towers Foundation, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.