This Nation’s Historical Tradition of …

Trump v. Wilcox on application for stay was granted. It was a 6-3 opinion. The usual suspects were on the wrong side of history, again.

Justice Kagan wrote the dissent.

Miggy made the mistake of letting me write for him. Then I begged him to let me write when he wanted to close GFZ. When I started, I knew I had things to say about some cases happening. I just didn’t know what I didn’t know.

I started reading and listening. The more I learned, the more I knew I needed to learn.

I have gotten to the point where I read at least part of every opinion the Supreme Court writes. Certain things keep showing up.

It is obvious to any honest person that the Second Amendment means that all gun-control is unconstitutional. The closest we have gotten to anything that is even remotely close to being allowed is that a violent person can be temporarily disarmed.

The Justices that believe in the Constitution express it as “The plain text and this Nation’s historical tradition of …”. This means that if the plain text of the Constitution is implicated, the burden shifts to the government to prove that there were similar regulations at the time the constitution was adopted and when the particular amendment was ratified.

The 14th Amendment must be interpreted as it was understood at the time it was ratified, in the late 1800s, not 1791. The Second Amendment must be interpreted as it was understood at the time it was ratified, in 1791.

The authority of the Executive branch was established on June 22, 1788.

Humphrey’s Executor v. United States was issued in 1935. It cannot be used to establish the meaning of Article II. It is NOT part of this Nation’s historical tradition of regulations regarding the President’s authority.

Since Roe v Wade, every Supreme Court nomination has been asked, “will you mess with Roe v. Wade?”. If the answer is “yes”, the Democrats would fight tooth and nail to keep that person off the Court.

This is always the way of the left. We see it in the court battles against the Trump administration. They will fight a battle, lose, claim victory, then fight the same battle again.

They repeat this until they win. After they win, they claim that this is the standard and cannot be chanted. To attempt to change it is evil, against the will of The Person, and wrong. This is what is happening with the court shopping they are doing. They don’t have to win every case against Trump, just one.

If they lose, they will attempt the same case in a different jurisdiction, until they get a win.

Roe v. Wade was a shit decision. The Dred Scott opinion was even worse. But according to the left, these cases should never have been challenged, much less overturned.

FDR decided that Government was the answer. Regardless of the question, the answer, according to him, was the government.

You don’t have a job? The government will create work, then hire you to do that work. People aren’t preparing for their retirement, the government will do that for you.

The problem he was facing was that much of what he wanted to do wasn’t really constitutional.

In addition, the next president could just undo the shitty things he had done. He needed a way to protect his policies.

The answer was the creation of Government Entities that were performing Article II duties, but which had limited presidential oversight.

Before FDR’s power grab, the president could fire anybody in the executive branch. He was that powerful. He got Congress to pass bills creating entities who’s governing body or head could only be fired for cause.

Kagan, Sotomayor, and Jackson all believe that an opinion from 90 years ago says more about this Nation’s historical tradition of regulations than does Article II, adopted in 1788.

The People chose to put the authority into one person, the President, who they could change, every four years. The government is beholden to the People. The government doesn’t get to say that “a group of knowledgeable people” should be exempt.

Power corrupt, absolute power corrupts absolutely.