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
New Hampshire Governor Signs Constitutional Carry Into Law

News  

Wednesday, February 22, 2017

New Hampshire Governor Signs Constitutional Carry Into Law

Measure Effective Immediately. Today was a great victory for gun owners in New Hampshire when Gov. Chris Sununu signed Senate Bill 12 into law, allowing law-abiding New Hampshirites to carry their firearms in the manner that ...

Kentucky: Senate Constitutional/Permitless Carry Legislation Amended

Wednesday, February 22, 2017

Kentucky: Senate Constitutional/Permitless Carry Legislation Amended

Today, Senator Robin Webb (D-18) offered a strike and insert amendment to constitutional/permitless carry legislation, Senate Bill 7.

Fourth Circuit Court of Appeals Ignores Heller: No Protection for Guns It Deems “Dangerous”

News  

Wednesday, February 22, 2017

Fourth Circuit Court of Appeals Ignores Heller: No Protection for Guns It Deems “Dangerous”

Ever since the U.S. Supreme Court’s opinions in Heller and McDonald, many of the lower U.S. courts have been making up their own rules when it comes to the Second Amendment. Tuesday’s outrageous opinion by ...

North Dakota: Important Self-Defense Bills Pass House

Tuesday, February 21, 2017

North Dakota: Important Self-Defense Bills Pass House

Today, February 21, two important pro-gun bills passed the House of Representatives.  House Bill 1169, the constitutional/permitless carry bill, passed the House with a 83-9 vote and House Bill 1310, the school carry bill, passed ...

New Hampshire: Governor Sununu Signs Constitutional/Permitless Carry Bill Into Law!

Wednesday, February 22, 2017

New Hampshire: Governor Sununu Signs Constitutional/Permitless Carry Bill Into Law!

Today, in a private signing ceremony, Governor Chris Sununu signed Senate Bill 12 into law.  Similar legislation had been vetoed by former Governor Maggie Hassan for two years in a row, but thanks to your active involvement, ...

West Virginia: Pro-Carry Legislation Introduced

Wednesday, February 22, 2017

West Virginia: Pro-Carry Legislation Introduced

Multiple pro-gun bills were introduced this week in the West Virginia Legislature that seek to provide protections to West Virginians who choose to carry a firearm for self-defense. 

South Dakota: Bill Attempting to Silence NRA Passed by House Committee

Wednesday, February 22, 2017

South Dakota: Bill Attempting to Silence NRA Passed by House Committee

Today, the House Judiciary Committee heard and passed House Bill 1200 by a 9-3 vote. 

California DOJ Withdraws “Assault Weapon” Regulations

Monday, February 13, 2017

California DOJ Withdraws “Assault Weapon” Regulations

As previously reported, after the California Department of Justice submitted regulations regarding newly classified “assault weapons” to the Office of Administrative Law (“OAL”) for publication in the California Code of Regulations (CCR), NRA and California ...

Hawaii: Anti-Gun Legislation Passes Committee

Thursday, February 23, 2017

Hawaii: Anti-Gun Legislation Passes Committee

SB 898, sponsored by state Senator Ronald Kouchi (D-8), would permanently strip an individual of their Second Amendment rights, not based on a criminal conviction or mental adjudication, but based on a quasi-criminal proceeding.  The ...

New Mexico: Beware of "Fake News" Regarding HB 50!

Sunday, February 19, 2017

New Mexico: Beware of "Fake News" Regarding HB 50!

Late last week, instead of voting on House Bill 50, the New Mexico House referred the bill back to the House Judiciary Committee.

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.