Ex-Justice Breyer on Fox News Sunday

[kmitch200]

Promoting his new book, Justice Breyer was on Fox News Sunday this morning. His book explains his 'judicidal philosophy' as:
"The court should regard the Constitution as containing unwavering values that must be applied flexibly to ever-changing circumstances."

The host asked "whatever happened to just applying the law as written."

He responded "that is applying the law as written. You have to apply the principles in a world that is ever changing." (Re: TV, internet, airplanes)

Host Chris Wallace pressed about more defined constitutional terms like the second amendment and guns which is not an 'unforseen possibility' and which he was part of the dissenting votes that were outnumbered.

Breyer said "what does that mean the militia? The historians told us, and the dissenters thought they were right, that what that meant was that James Madison thinking 'I've got to get this document ratified' was worried about opponents who would think that congress would call up state militias and nationalize them - that can't happen said Madison and therefore he wrote the Second Amendment to prove it. Now if that was his motive historically, the dissenters were right. I think more of the historians were with us." (cough, cough bullshit)

CW asked "when it says the right of the people to keep and bear arms and you talk about "changing circumstances and real world consequences" aren't you acting as a politician or policy maker and not as a judge?"

Breyer responeded, "No, we're acting as judges. What is the scope of the right to keep and bear arms? Machine guns, torpedoes?"

Wallace stated that "it didn't provide for a ban on all handguns, at least that's what the courts decision was, like they had here in DC."

Asshat POS Breyer asked "Are you a sportsman, do you like to shoot pistols at targets? Get on the subway and go to Maryland. There is no problem."


At this point my brain boiled over and blood shot out of my eyes!!
This theoretically "educated" man thinks that if you want to shoot a handgun and you live in DC, just "get on the subway and go to Maryland"??
WTF??
You can live in DC and buy a handgun in Maryland? Do you put it on a fencepost in Maryland with a note saying "Please leave this here, I'll be back next week" - because you aren't going to bring it back to DC on the subway without risking EVERYTHING.

The liberal justice's historians must have missed these James Madison quotes:

A well regulated militia, composed of the body of the people, trained in arms, is the best most natural defense of a free country.

Americans have the right and advantage of being armed - unlike the citizens of other countries whose governments are afraid to trust the people with arms.

Do not separate text from historical background. If you do, you will have perverted and subverted the Constitution, which can only end in a distorted, bastardized form of illegitimate government.

Perverted and Subversive is just what Breyer was IMNSHO.   Sadly, I fear his replacement is no brighter.

[crusader rabbit]

Any decision or line of thinking can be full rationalized when view through the colored glasses of judicial activism.  And that's why it is so vital to the continuation of our democratic republic that we elect constitutionalists, not neo-Marxists, to the higest office.  The implications of electing an empty suit (as we seem to have done) are far to dangerous to the furtherance of our nation.  This MUST be rectified in 2012.

[jaybet]

I know a couple of judges...they're good people but they live in a different world than we do. There's a rareified air of philosophy, enlightenment, and law that they ponder on a daily basis, and you'll often see judges with some strange opinions. It's a strange life, a strange job, and frankly, a strange place to draw opinions that affect all of us.