In a remarkable—not to say preposterous and
invalid—decision, the Hawaii Supreme Court recently tossed out decades of
Supreme Court precedent in its ruling that found no state constitutional right
to carry a firearm.
The Aloha State’s highest court ignored three landmark Second Amendment Supreme Court decisions, declaring
that the U.S. Supreme Court “handpicks history to make its own rules.” Which
is, of course, precisely what the Hawaii Supreme Court did in its finding. The
Rainbow State court’s decision reversed a lower court ruling that dismissed
charges against Christopher Wilson for carrying a gun unregistered in the
state, which Wilson correctly argued infringed on his Second Amendment
rights.
Incredibly, the court’s ruling stated, “Conventional
interpretive modalities and Hawaii’s historical tradition of firearm regulation
rule out an individual right to keep and bear arms.” The court further stated
that it rejects the “founding era’s” understanding of the Constitution, going
so far as to quote a line from the cable TV series The Wire: “The thing about
the old days, they the old days.”
“Conventional interpretive modalities?” Say what?! In
averring that the court rejects the “Founding Era’s” understanding of the
Constitution, which was written in the Founding Era, the 50th
State’s Supreme Court has cavalierly tossed out the law of all the land, using
a line from a fictional television show for its support. Amazing.
But wait, there’s more. The ruling also stated, “As the
world turns, it makes no sense for contemporary society to pledge allegiance to
the founding era’s culture, realities, laws, and understanding of the
Constitution.” The ruling continued: “The ‘spirit of Aloha’ clashes with a federally-mandated
lifestyle that lets citizens walk around with deadly weapons during day-to-day
activities. The history of the Hawaiian Islands does not include a society
where armed people move about the community to possibly combat the deadly aims
of others.” And finally, “A free-wheeling right to carry guns in public
degrades other constitutional rights.”
If individual states are to disavow understanding of the
Constitution and its laws, absolute chaos will ensue, to the extent it would
render The Union ungovernable—if not moot. The ruling is, in essence, a
declaration of an intent to go rogue, to secede from any federal control
whatsoever, at least when the mood strikes the court. The court came right out
and said it doesn’t believe Hawaiians should have the right to effectively
“combat the deadly aims of others,” though never addressing how Second Amendment
rights could possibly “degrade other constitutional rights.”
The kicker, of course, is the ‘finding’ that the
Constitution and its Bill of Rights clashes with the “Spirit of Aloha.” I’m
almost speechless, an occurrence many thought impossible.
What if the Minnesota Supreme Court were to say
‘Minnesota nice’ supersedes U.S. Supreme Court rulings and the Second Amendment
to the United States Constitution? Or the Wisconsin Supreme Court states that
the ‘spirit of the cheesehead’ takes precedence over the Supreme Court of the
United States? Pennsylvania is the Quaker State, perhaps its Supreme Court will
decide that the ‘spirit of non-violence’ overrules any silly old Constitutional
amendment any day, even if the Constitution was ratified by the states and has
been the supreme law of the land for 238 years. Might the California Supreme
Court decide that ‘California Cool’ trumps SCOTUS rulings?
Chaos. Where the
hell does this stop? A house divided cannot stand. Will a state soon cite its
history and ‘spirit’ in effectively repealing, say, the Thirteenth or
Nineteenth Amendments inside its borders?! This is insanity. The nation is
being summarily destroyed by rogue, unelected judges…and the Democrats who
agree with them will say this judicial fiat is necessary “to save our
democracy.” How could anyone say that with a straight face?! Maybe they mean
“their democracy” like they believe in “their truth?” In “their democracy,” the
will of the majority is ignored so the radical minority can get its way all the
time. But objective truth, like true evil, does exist. And their preferred form
of government is not democracy. It is tyranny.
And that clashes with the ‘Spirit of America.’
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