Is the Second Amendment a Fundamental Right?

Earlier this year, President Obama’s Supreme Court nominee, Sonia Sotomayor, joined an opinion with the 2nd Circuit Court of Appeals ruling that Second Amendment rights do not apply to the states. A 2004 opinion she joined also cited as precedent that “the right to possess a gun is clearly not a fundamental right.” It’s apparent that Sonia Sotomayor would be guided by an ideology that would change the USA to make it different from what the founding patriots envisioned.

Sotomayor’s position on gun control is crystallized. Ken Blackwell, a senior fellow with the Family Research Council, called Obama’s nomination a “declaration of war against America’s gun owners.”

Blackwell, went on to say that she “puts our Second Amendment freedoms at risk.” Applying that ruling Mr. Blackwell declared, “What she’s basically saying is that your hometown can decide to suppress your Second Amendment freedoms.”

Sotomayor’s position in the 2009 Maloney v. Cuomo case distorts the Constitution by declaring that the Second Amendment does not apply to the states.

Lady Justice is blindfolded because being a good jurist is about coming to court without bias and yet not needing to be informed about Constitutional law. Patriots know that THE guarantee of ALL the Bill of Rights is the Second Amendment. It is fundamental in the extreme. Judge Sotomayor did not heed the Landmark Supreme Court ruling in the District of Columbia v. Heller, in which the court ruled that the Second Amendment protects an individual right to bear arms. Judge Sotomayor’s finding in the Maloney ruling determined that case “does not invalidate this longstanding principle” that states are not covered by the Second Amendment. There is no real comfort that another appeals court since the Heller case reached the opposite conclusion. The reality is that cases will be appealed to the Supreme Court through the next generation and beyond. If Sotomayor is confirmed her rulings will likely redefine the Second Amendment and be anti-gun in the extreme.

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