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Thorner: Second Amendment’s future rests with control of Supreme Court



Screen Shot 2019-04-05 at 11.14.38 AM
David Keene (photo by Nancy Thorner) 

By Nancy Thorner - 

On Tuesday March 26, 2019, the Heartland Institute featured David Keene, Editor at Large of The Washington Times. Mr. Keene also served from 2011 to 2013 as president of the National Rifle Association, the nation's largest Second Amendment membership organization. There he worked tirelessly to keep the U.S. from adopting further gun control legislation. Keene's topic for the evening?  "Ceasefire in the War on Guns is Over." 

Mr. Keene didn't disappoint in explaining to a full house in Heartland's state-of-the-art Andrew Breitbart Freedom Center  what gun owners can expect from Washington, D.C., the states and the courts as progressive Democrats and their funders launch the biggest, most coordinated and well financed attack on the Second Amendment ever. 


David Keene speaks

Director of Communications at The heartland Institute, Jim Lakely, introduced David Keene as a "Titan of the Conservative movement."

David Keene, in turn, applauded Heartland for its work on Climate Change, further recognizing Heartland’s awareness early on that most of the action is in the states.  Keene, in jesting about AOL's Green New Deal, spoke of his eagerness to drive to Europe and of the shovel ready jobs that would incur in building the bridge. 

Turning serious, Kean spoke of the late Warren Brookes who described the environment movement as "green on the outside but red on the inside."  Keene attributed the change of attitude among Democrats — which permitted the Party to morph into one that has moved far to the left — to why the ceasefire on guns ended to be replaced by the war on guns.  In describing the belief system of today's Democrats, Keene painted them as unable to accept failure with the election of President Trump or to imagine there are people who don't believe as they do.  Accordingly, all American voters must feel the same anger toward Trump as Democrats do. Trump will be sent packing in 2020.  For this reason, it won't matter which candidate is selected to challenge Trump, giving candidates the liberty to go out and say what they really think and believe.

War on guns

Keene explained how prior to 1960 there was no war on guns.  The Founders knew what they were doing when they wrote the 2nd amendment, with both parties in agreement that individuals and families had a right to defend themselves. 

It was in the 60's when change began to take place in both parties.  In the newly emerging Democrat Party a two-front culture war arose targeting abortion and guns. The gun issue continues today.  

Over the past 40 year–much like in the anti-nuke movement–there are those who have come to view the anti-gun movement as a quasi-religious movement, believing that if only the U.S. would disarm unilaterally the world would live in peace.  Our nation is the only country who recognizes the right to self-defense. The UN does not.  Today hostility toward guns has become far more than just guns in themselves. Democrats also dislike the 2nd amendment because of is hostility toward the government, especially in the way it limits government. 

One reason gun laws weren't legislated over the ensuing years is because evidence was considered in Congressional gun law debates. Through the persuasion of argument those who wanted gun laws, despite cries to do something, were convinced that doing something would stop nothing, but would instead create a backlash; therefore, when push came to shove gun laws failed. 

Guns, however, did play an important part in the 1994 election. Gore supposedly lost 6 states when guns became an issue, prompting Democrats to back off from their war on guns.  Hillary likewise had a gun issue in the 2016 presidential election, brought about when during a debate she indicated favoring a Supreme Court which uphold her liberal legislation.  As Keane surmised, didn't Democrats realize with Hillary's defeat that perhaps the 2nd amendment was a third rail that shouldn't be touched, further considering how crime and homicides are down despite an increase in gun ownership?  As Keene related: “There is no relationship to firearms and the number of crimes, homicides and mass shootings. More mass shooting occurred in the 90's." 

Failed gun control bills

Two major gun control bills did manage to pass the U.S. House.

  1. Universal background checks (defeated under the Obama administration in April of 2013. It will never become law).
  2. Charlotteville loophole fix (if passed the three-day waiting period would extend to a month).  

As Keene stated:  "At least until 2020 we have a Senate favorable to the Second Amendment and a president who would veto any action if the Senate buckled.". . . "Action against the 2nd amendment is no longer in Washington D.C. but now in the states and cities, as they pass their own gun laws. 

As to the next battle, Keene cited the Supreme Court. 

Supreme Court grants 2nd amendment rights

The reluctance to pass any major gun legislation rests on two Supreme Court cases which created an atmosphere of reluctance to do so. 

The District of Columbia v. Heller landmark case of 2008 held that the Second Amendment protects an individual's right to possess a firearm, unconnected with service in a militia.   The McDonald v. City of Chicago decision 2010 also gave citizens the right to own guns.  

Both were 5-4 decisions with Chief Justice Anthony Kennedy as the swing vote.  Both cases confirmed that the 2nd amendment meant what it said. 

What about the Circuit Courts?  Democrats are finding that circuit courts are not going along with their progressive agenda.  A recent case was cited in Keene in which a Federal New York Courtfound a ban on stun guns unconstitutional. But even if gun cases should reach the Supreme Court, Democrats realize the present makeup of the Supreme Court will likely strike down some of the action that has been taking place where gun laws are being proposed at the state level and in the cities.  Even if Mayor Bloomberg spends billions of dollars to pass gun law restrictions, Democrats will lose.

Supreme Court as bulwark for Democrats

For Democrats, the Supreme Courts remains the bulwark to overcome.  Five Democrat presidential candidates have suggested that the Supreme Count needs to be packed from 9 to 11 justices to make sure Democrats have the votes to reverse what has already been struck down.  This might sound insane, but should Democrats win either the presidency or the Senate in 2020 they can stack the court. Our nation’s Constitution doesn't stipulate how many justices should serve on the S.C. 

Democrats also want to get rid of the Electoral College, which tells what the elites think of regular Americans who live outside their progressive enclaves and how they view this nation's Constitution. Recently Maryland signed on to the Compact of States, an agreement by states to do away with the Electoral College once enough states sign on with a combined electoral vote of 270 out of 538 Electoral votes.

The next two years

What about the next two years?  Said Keane, “The real action will be in the states, cities and counties.  As to politics, “Politics is not about money and made up facts.  Most politicians want to hold on to their jobs.”  In a rallying cry Keene called on attendees to stand up and let your politicians know what you want. “You do this, or if you don't do this, you’re gone."     Phone calls at the state and local levels do make a difference. 

Question and Answer session followed

Jim Lakely's welcoming remarks

Screen Shot 2019-04-05 at 11.16.27 AMJim Lakely, Communications Director at The Heartland Institute, extended his "welcome" to those gathered in Heartland's Andrew Breitbart Freedom Center, citing with pride Heartland's successful participation at CPAC 2019 in Washington, D.C. on Broadcast Row, where 30 individual interviews were set up on Broadcast Row over two days.

Announced by Lakely was a new project at The Heartland Institute, Stopping Socialism, although started before the 2018 election, the project is now more important than ever given the takeover of the House by Democrats.  Check here to see Heartland's Stopping Socialism website, devoted to informing the world about the moral case against socialism.

Justin Haskins is the author of Socialism Is Evil: The Moral Case Against Marx's Radical Dream, an Executive Editor and Research Fellow at The Heartland Institute, co-founder of StoppingSocialism.com and the site’s editor-in-chief, and editor-in-chief of the New Revere Daily Press. Through Haskins' many appearances on TV, the Stopping Socialism project is making headway across this nation.

Watch here a video of Justin Haskins discussing how Socialism isn't just destructive, it's also evil.  To read more about why socialism is immoral, see Justin Haskins’article titled “Why Marx’s Socialism Is Evil". 

About the Green New Deal: It is not about green energy. It is a Socialist Trojan horse which, according to progressive Democrats, only 12 years separate this nation from disaster if nothing is done to curtail global warming.  

An invitation was extended by Lakely to participate in the project by going to https://stoppingsrevelent.com/ , where listed are different levels of giving:  Bernie, AOC, Marx, and Venezuela. 

Jim Lakely also spoke of a letter Heartland put together (150 signatures were solicited over a two-day period.) in support of Dr. William Happer, https://www.heartland.org/about-us/who-we-are/william-happer Professor Emeritus in the Department of Physics at Princeton University, who has a position in the National Security Council where he want to examine all federal science policy in the U.S. Government.  Dr. Happer is trying to get his project off the ground.


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  1. Hmmm…with lefty Roberts it is a crap shoot.
    It is also distressing that Thomas is not looking to exit with hand picked successor.
    Right now we have (form most conservative to most liberal):
    Thomas – conservative
    Gorsuch – right wing to conservative
    Alito – right wing moderate
    Kavanugh – centrist leans left
    Roberts – center left
    Breyer – leftist
    Kagan – extreme liberal
    Sotomayor – extreme liberal
    Ginsburg – radical liberal
    The future does not look bright under the ineffectual, weak, leftist Roberts picking the cases before the court.

  2. Thank you Nancy for this informative article. You’ve proved that our U.S. Constitution is at stake in the 2020 election. The 2nd Amendment could very well be thrown out if the Dems get control because they can just jam the Supreme Court. We are forewarned!