Quote of the Day — David T. Hardy

In law school, we were told to be careful what we ask for, because the fates may give us just that. If the Supreme Court upholds a broad Second Amendment right, tens of millions of gun-owning Americans will be reminded of the high court’s role as protector of their Constitution.

If it goes the other way, those millions will be asking how arms ownership, expressly mentioned in that document, is unprotected while abortion (no where mentioned) is broadly protected.

They will come to believe that the Constitution is merely a paper covering for arbitrary judicial rule. This is not a lesson we want taught in a democracy.

David T. Hardy

Hat tip: Glenn Reynolds at Instapundit.com.

We the People Act — stupid sometimes

Last November Rep. Ron Paul, R-Texas introduced H.R. 4379, the We the People Act, to protect us from an out of control federal judiciary.

SEC. 3. LIMITATION ON JURISDICTION.

The Supreme Court of the United States and each Federal court–

(1) shall not adjudicate–

(A) any claim involving the laws, regulations, or policies of any State or unit of local government relating to the free exercise or establishment of religion;

(B) any claim based upon the right of privacy, including any such claim related to any issue of sexual practices, orientation, or reproduction; or

(C) any claim based upon equal protection of the laws to the extent such claim is based upon the right to marry without regard to sex or sexual orientation; and

(2) shall not rely on any judicial decision involving any issue referred to in paragraph (1).

SEC. 3. LIMITATION ON JURISDICTION.

Paul proposes this bill because, as he sees it, the federal courts “have wrested from State and local governments issues reserved to the States and the People by the Tenth Amendment.” But “free exercise or establishment of religion”? Hello? Ever hear of the U.S. Constitution, specifically its First Amendment?

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

So Paul proposes, by legislation, to gut the First Amendment to “return” free exercise or establishment of religion issues to the states. I guess we need to remind Paul how to amend the constitution.

Unfortunately, the bill gets worse.

SEC. 7. CASES DECIDED UNDER ISSUES REMOVED FROM FEDERAL JURISDICTION NO LONGER BINDING PRECEDENT.

Any decision of a Federal court, to the extent that the decision relates to an issue removed from Federal jurisdiction under section 3, is not binding precedent on any State court.

Looks like Paul forgot the Fourteenth Amendment, too.

1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. [* * *]

Someone get Paul a Constitution.

Hat tip: Danny Carlton, alias “JackLewis.Net”.