The Supreme Court of the United States (SCOTUS), though the top court in the Judiciary, a co-equal branch of the government, was not visible in the public eye for the first 140-plus years of its existence. It was actually not provided with a building of its own until 1935.
With the nation functioning relatively smoothly under traditional values, the court operated below the radar for many years.
But as progressives started working their way into the highest levels of the American government and culture, the SCOTUS was put under a spotlight, with added attention focusing on them since the 1960s.
One of the cases that really showed the importance of having justices that would purposefully and honestly apply the Constitution was on display in a famous second amendment case.
In District of Columbia v. Heller, the SCOTUS established the “common use” test for determining whether particular firearms are protected by the 2A.
The question the court uses to evaluate weapons bans is whether the targeted firearms are in “common use’ … for lawful purposes like self-defense.’”
Antonin Scalia wrote the majority opinion. “The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home,”
Justice Scalia was joined by Chief Justice John Roberts, Justices Kennedy, Thomas, and Alito in the majority.
So even though Associate Justice Scalia was very clear in the majority opinion concerning the common use test, House Judiciary Committee Chairman Rep. Jerry Nadler (D-N.Y.) said on Wednesday that the purpose of a renewed congressional effort to pass a federal assault weapons ban is to outlaw rifles that are in “common use.”
The judiciary committee held a markup hearing on Wednesday for H.R. 1808, the Assault Weapons Ban Act of 2021. It would ban AR-15 rifles and other so-called “assault weapons,” and high-capacity magazines.
Prompted by recent shootings in Texas and New York, Congress recently passed legislation that bribed states to enact “red flag” laws to take guns away from those deemed to be dangerous, strengthen background checks for gun buyers under 21, and provide funds for mental health resources.
President Joe Biden and other Democrats are now insisting these measures did not go far enough and are asking Congressional leaders to work on legislation to renew the 1994 federal assault weapons ban that expired in 2004.
Nadler said in his opening remarks Wednesday. “These military-style weapons are designed to kill the most people in the shortest amount of time.”
The Judiciary Committee Republicans, who oppose the bill, had words from the 2A placed behind, “Shall Not Be Infringed”.
They say banning AR-15 rifles would violate the Second Amendment by making it illegal to own one of the most popular rifles in America. More than 4.5 million AR- and AK-style rifles were legally purchased by American civilians since 2020.
“To clarify, Mr. Chairman, you’re saying it is the point of the bill to ban weapons that are in common use in the United States today?” Representative Bishop (R-NC) asked.
“Yes, the problem is they are in common use,” Nadler said.
Bishop: “Is there any Democrat that would dispute that this bill would ban weapons that are in common use?”
Nadler: “That’s the point of the bill.”
Bishop: “So it is the point of the bill to ban guns that are in common use?”
Nadler: “The problem is they are in common use.” pic.twitter.com/ya1snfokaM
— Greg Price (@greg_price11) July 20, 2022
Gun rights activists argue that since AR-15 rifles are commonly owned by lawful gun owners, laws that would ban them fail the Supreme Court’s test.
Jerry Nadler says the quiet part out loud: the purpose of this bill is to BAN weapons that are in common use.
This flies in the face of the Constitution, and Dems aren’t honest enough to admit that they won’t stop here. pic.twitter.com/fmuK6NenXZ
— Rep. Dan Bishop (@RepDanBishop) July 20, 2022
“That flies in the face, that is an absolute confrontation with the United States Supreme Court,” he added.
This approach by Nadler is a common strategy by the left.
Even though the Supreme Court already established a test for determining what existing guns/weapons should be considered as being used for common use; and based on the huge number of AR-15s in circulation for common usage, the democratic leadership knows that pursuing these rifles will surely be challenged in courts, yet they are pushing the legislation anyway.
You never know, they may be onto something.
Chief Justice Roberts might end up flipping again as he did on the “gay marriage ” issue, becoming the deciding vote mysteriously finding a right for them to marry in the 24th amendment.
The decision went against the will of nearly all states, including California which had voted against redefining marriage nationally.
This story syndicated with permission from Eric Thompson, Author at Trending Politics
Notice: This article may contain commentary that reflects the author's opinion.
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