Explore The NRA Universe Of Websites

APPEARS IN News

Remember Justice Scalia this November

Friday, February 19, 2016

Remember Justice Scalia this November

If Barack Obama and those like him fail in their goal of “fundamentally transforming the United States of America,” it will be in large part because of United States Supreme Court Senior Associate Justice Antonin Gregory Scalia. Sadly, Justice Scalia passed away over the weekend.

Since his nomination to the Court by President Ronald Reagan in 1986, Justice Scalia championed the view that the U.S. Constitution should be interpreted according to the intent of those who wrote it, not according to shifting social conventions or judicial preferences. The Constitution, Justice Scalia once said, “means today not what current society, much less the court, thinks it ought to mean, but what it meant when it was adopted.” As William Murchison of the Dallas Morning News wrote on Tuesday, Scalia’s understanding of the constitution “came from his respect for the wisdom of the document, which was tailored to preserve freedom.”

Those of us who follow Second Amendment issues are most familiar with Justice Scalia’s “originalist” or “textualist” approach to interpreting the Constitution based upon the Court’s landmark decision in District of Columbia v. Heller (2008). In Heller, Justice Scalia, writing for the majority, stated that the Second Amendment was intended to protect an “individual right to possess and carry weapons in case of confrontation,” without regard to service in a state militia. That right, he said “extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.”

Gun control advocates immediately decried the decision, falsely claiming that it invented an individual right out of thin air. Predictably, they are continuing to do so after Justice Scalia’s passing. However, the record clearly shows that Heller expressly articulated, in greater detail, the individual right the Court had recognized in previous Second Amendment-related cases and that our Founding Fathers intended the Second Amendment to guarantee.

Besides his majority opinion in Heller, Justice Scalia also was known for his stinging dissents in cases in which he thought the Court’s majority had improperly legislated from the bench. Columnist George Will wrote on Sunday, Scalia “often dissented in the hope of shaping a future replete with majorities steeped in principles he honed while in the minority.”

Whether those principles and the Heller decision survive will depend in large part upon the actions of the current Senate and the outcome of this year’s presidential election. Fellow Supreme Court Justice Ruth Bader Ginsburg, who dissented from the majority opinion in Heller and in McDonald v. Chicago (2010) (which held that the Second Amendment was incorporated by the Fourteenth Amendment to apply against state and local action) has said she would like to see Heller overturned. Presidential candidate Hillary Clinton also said as much on the campaign trail recently.

Anticipating his eventual departure from the Court, Justice Scalia once said, “I would not like to be replaced by someone who immediately sets about undoing what I’ve tried to do for 25, 26 years.” To prevent that from happening, from now until the polls close on Election Day in November, support a candidate who will counter the antigun agenda of Hillary Clinton, Bernie Sanders or Michael Bloomberg, and who will nominate Supreme Court justices who will honor and follow the legacy of Justice Antonin Scalia.

TRENDING NOW
Court's Commonsense Conclusion: "There Was a Gun" Isn't Enough to Justify Issuing a Restraining Order

Second Amendment  

Friday, May 19, 2017

Court's Commonsense Conclusion: "There Was a Gun" Isn't Enough to Justify Issuing a Restraining Order

The Supreme Court of North Dakota confirmed this week that simply possessing a handgun while on one’s own private property cannot support a finding of "disorderly conduct" under the state’s disorderly conduct restraining order law. ...

Illinois: House Committee Passes Bill to Close Local Gun Dealers

Tuesday, May 16, 2017

Illinois: House Committee Passes Bill to Close Local Gun Dealers

The House Judiciary Committee passed Senate Bill 1657 by a 7-6 vote.

Washington: NRA Files Amicus Brief in Challenge to Kitsap County Anti-Gun Ordinance

Monday, May 22, 2017

Washington: NRA Files Amicus Brief in Challenge to Kitsap County Anti-Gun Ordinance

Last week, attorneys on behalf of the NRA filed an amicus brief in Kitsap County v. Kitsap Rifle and Revolver Club (Kitsap II), the case which challenges Kitsap County’s firearm discharge ban and range licensing scheme.  Kitsap Rifle and ...

Maryland: Governor Hogan Signs Apprentice Hunting Legislation into Law

Thursday, May 4, 2017

Maryland: Governor Hogan Signs Apprentice Hunting Legislation into Law

Today, Maryland Governor Larry Hogan signed House Bill 1427 into law.

Nevada: Governor Sandoval Signs AB 118!

Monday, May 22, 2017

Nevada: Governor Sandoval Signs AB 118!

Today, May 22, Governor Brian Sandoval signed important pro-gun legislation, Assembly Bill 118, into law.  AB 118, sponsored by Assemblyman Skip Daly, will allow members of the military and those who have received an honorable ...

California: AB 424 Passes Assembly - Appropriations Committees to Consider Suspense Items

Tuesday, May 23, 2017

California: AB 424 Passes Assembly - Appropriations Committees to Consider Suspense Items

Friday, May 26th is the deadline for the fiscal committees to pass bills to the floor from the chamber of origin.  On Thursday, May 25, the Senate AppropriationsCommittee is scheduled to consider Senate Bill 464 and Senate Bill 497. ...

Kansas: Senate Committee Passes Gun Free Zone Legislation, Again

Tuesday, May 23, 2017

Kansas: Senate Committee Passes Gun Free Zone Legislation, Again

Last week, the Senate Committee of the Whole referred an amended version of House Bill 2278 back to the Senate Ways and Means Committee.

Abbott Signs Senate Bill 16, Bringing Texas License To Carry Fees Down to Among Lowest in Nation

News  

Thursday, May 25, 2017

Abbott Signs Senate Bill 16, Bringing Texas License To Carry Fees Down to Among Lowest in Nation

The National Rifle Association Institute for Legislative Action (NRA-ILA) today applauded Texas Gov. Greg Abbott for signing into law NRA-backed legislation that will make license to carry fees in Texas among the lowest in the ...

California: Don’t Miss our May 25th Webinar to Discuss the Newest DOJ Draft “Assault Weapons” Regulations

Wednesday, May 24, 2017

California: Don’t Miss our May 25th Webinar to Discuss the Newest DOJ Draft “Assault Weapons” Regulations

Tomorrow, Thursday, May 25, at 12:00 pm (PT), NRA’s legal team will be hosting a free webinar to discuss the recently submitted “assault weapon” regulations.   

Illinois: Last Chance to Save your Local Gun Dealer!

Tuesday, May 2, 2017

Illinois: Last Chance to Save your Local Gun Dealer!

The Illinois House of Representatives may consider Senate Bill 1657, legislation that could put your local gun dealer out of business, at any time! It is imperative that you contact your state Representative IMMEDIATELY and ...

MORE TRENDING +
LESS TRENDING -
NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.