The Heller decision has been disdained by many liberal activists as “conservative judicial activism” to sell their favorite meme: That conservatives are big hypocrites. Of course, this is little more than liberal language revisionism, inspired by linguist George Lakoff.

Judicial activism, as the left is defining it, would mean anytime a law passed by the States is overturned by Court, it is judicial activism. Really? What if a law were passed requiring criminal defendants to testify against themselves in court? Would it be judicial activism if the court overturned it? Of course not. There has been a place for judicial review in the process since 1802.

So when does judicial review become judicial activism? I think you can apply two basic standards to the question (and I’m sure some people will add others):

1) Does the decision stick to the issue at hand?

This is a critical point. From Heller, we learn simply that the total ban put in place by the District of Columbia is unconstitutional because the right to keep and bear arms is an individual right. The Court doesn’t give an exhaustive list of permissible and impermissible regulations. It does state that this ruling doesn’t mean the insane and felons have a right to keep and bear arms, nor is it addressing banning guns in certain “sensitive locations,” such as schools. Is a reauthorization on the assault weapons ban, gun registration, etc. constitutional under the court’s ruling? We won’t know and we shouldn’t. The court wasn’t considering those issues and shouldn’t take it upon themselves to decide them in advance.

By contrast, an activist Montana Supreme Court ruling not only overturned a law regulating abortion, but advised the legislature not to send them specific other abortion regulations, or a law against assisted suicide, as they would be overturned as well. Pre-emptive judicial review is judicial activism, along with any ruling that goes beyond the scope of what has been argued and placed before the court.

2) Does the Court stick to the law and the Constitution?

In Heller, the court looked at some specific issues. What did the authors of the 2nd Amendment mean? This was the total of the decision. Liberals accuse the court of ignoring the first part of the 2nd Amendment, “A well regulated Militia, being necessary to the security of a free State,” yet the court didn’t ignore it.

The court actually spent many pages on the topic and they designated this part of the Amendment, a “prefatory clause” that explains the reason for the Amendment, but doesn’t limit the right contained in the Amendment’s operative clause granting the right to bear to arms.
This prefatory clause had the following reason for existence, the Court found: “The Anti-federalists feared that the Federal Government would disarm the people in order to disable this citizens’ militia, enabling a politicized standing army, or a select militia, to rule. The response was to deny Congress power to abridge the ancient right of individuals to keep and bear arms, so that the ideal of a citizens’ militia would be preserved.”

In short, the point is that the right to keep and bear arms was a check on federal usurpation through an armed citizenry. The National Guard has nothing to do with the purpose of the Second Amendment.

Compare this sober reading of the facts to the bizarre ramblings of Justice Harry Blackmunn in the Roe v. Wade decision. Blackmunn’s argument begins by pointing out that American abortion laws had been approved in the past 110 years or so (by the same people who approved of the 14th Amendment) but that ancient pagan religions had no ban on it, that the Hippocratic Oath’s strict rules against abortion were the expression of a Pythagorean ethic, that the AMA had moved towards supporting abortion, along with American Public Health Association. What this has to do with interpreting Constitutional Amendments ratified in American in 1791 and 1868 is beyond the mere mortal, but not the activist judge.

The decision of a good judge reads like he’s interpreting the law, the decision of a bad one reads like he’s discovering it. When Supreme Court Justices concern themselves with laws in Europe, evolving social standards, or the general best policy for society, they’ve gone from interpreting the law to writing the law by fiat.

Podcast Show Notes

Charlton Heston fought long for freedom. Without his work at the NRA, we wouldn’t have justices Alito and Roberts. Today victory was won.

Plus the post-partisan candidate plans a partisan coup, while offering Americans a plan to make fossil fuels more expensive. (Hat Tip: The Campaign Spot.)

John McCain departs from the Kerry playbook and endorses the California marriage amendment.

Why can’t Johnny do math? Maybe, the teachers don’t know how to teach it. (Hat Tip: Right Mind.)

Canadian Private Schools produce better results than public schools.

The latest victim of political correctness: Father’s Day cards. (Hat Tip: Where Is Jodi?)

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Podcast Show Notes

This monday, we remember: the 2nd Amendment is not about hunting, it’s about the defense of people’s lives and property as these stories illusrate.

The result of Cuba’s government funded health care: Government funded sex changes. (Hat Tip: Florida Masochist.)

Canada’s capricious human rights commission bars testimony on the activities of a group whose leader is taking on columnist Mark Steyn. (Hat Tip: Political Correctness Watch.)

An English council helps homeless people become squatters. (Hat Tip: Political Correctness Watch.)

Plus too much space in space with a new addition to the International Space Station.

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Podcast Show Notes

Why Obama’s decision to leave his church smacks of politics.

Why Hillary supporters are wrong to make a stink about the DNC decision to admit half of Florida and Michigan’s delegates.

Is big ears the only thing keeping Barack Obama off Mount Rushmore?

Plus Barack Obama’s dangerous plans for national security.  (Hat Tip: Obama Watch.)  Plus Obama’s new states.

Is Tom Coburn off his nut when he suggests John McCain can lead us back to true conservatism. (Hat Tip: Hot Air.)

Plus a new rallying cry for conservatives wary of McCain: “No More Susan Sarandon” (Hat Tip: Reformed Chicks Babbling.)

Congressman Paul Ryan proposes bold reform  (Hat Tip: Save the GOP.)

Bob Dole nails Scott McClellan. (Hat Tip: Wizbang.)

Reuters sues New York State over New York’s over-reaching.

Organ donations go to foreign mobsters over U.S. citizens.  (Hat Tip: Michelle Malkin.)

The California Assembly takes a step towards Euthanasia.  (Hat Tip: Right Mind.)

Child pornography by any other name.

Virginia takes steps to protect children from teacher predators after an AP investigation.

Bureaucratic rules mean that a student with the highest GPA won’t be her class valedictorian and will cost her a college scholarship.

A 10 year old was suspended and faces potential probation for bringing a Memorial Day souvenir to school.

Clint Eastwood and Spike Lee face off over Iwo Jima.

Are 70% of Americans wrong when they say divorce is alright? (Hat Tip: Evangelical Outpost.) 

Why are so many liberals against transracial adoption but for homosexual adoption? (Hat Tip: Michelle Malkin.)

Watch out ladies in Colorado, new legislation makes locker rooms and restrooms gender free.

Rowan Williams futilely appeals to the UN. to intervene in Zimbabwe.

An apology to the class of 2008.

A Sandpoint employer takes care of his employees.

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Bonus Podcast:

Subway apologizes for their slight of homeschoolers.

Anti-male bias in domestic violence shelters. (Hat Tip: Political Correctness Watch.)

Taking risks for God in China.

A U.S. soldier in trouble for sharing the gospel in Iraq. (Hat Tip: Stop the ACLU.)

What a restored house tells us about how to address the environment and the future of our nation. (Hat Tip: Crunchy Con.)

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photo credit: rauchdickson 

Podcast Show Notes

48% of all voters and 76% of Republicans coupled with 55% of Independents are dissatisfied with the choices for President.

Giving tax rebates to a city that doesn’t pay taxes and a non-profit that doesn’t pay taxes makes Democratic Senators Charles Schumer (D-NY) and Max Baucus (D-MT) notable porkers.

Questionable earmarks for Democratic Congressman and Senate Candidate Bob Andrews (D-NJ) that benefited the company his wife works for.  (Hat Tip: Club for Growth.)

South Carolina’s wacky laws are called out by the State’s Republican Governor.

Anti-tax activists take aim at the state income tax–in Massachusetts? (Hat Tip: Club for Growth.)

A Stupid Lawsuit against AOL.

The Colorado Governor’s house turned into a frat house by the son of Democratic Governor Bill Ritter.

Georgia passes landmark school choice legislation. (Hat Tip: Right Mind.)  And also passed a strong concealed carry law.

Why the NRA’s not worried about the election and what other conservatives can learn.

Senator Arlen Specter (R-PA) wastes taxpayer’s time leaning on the NFL.

Outrage: UN comes to investigate US racism at the government’s urging. (Hat Tip: Newsbusters.)

Hugo Chavez meddles in Columbia. (Hat Tip: The Midnight Sun.)

Microsoft teams up with $100 lap top company.

A visit to the March for Life changes the minds of students in Canada.

The bizarre logic of Romney-turned Obama supporter Doug Kmiec. 

The next logical step. Mentally ill people coming out as “Mad” holding Mad pride events on the grounds of Bedlam.

In a new book, a woman suggests training husbands like you would animals. (Hat Tip: Right Mind.)

Pluralistic Christianity plus what would the left do in the story of the the good Samaritan. (Hat Tip: World Magazine Blog.)

Chicago Megacurch Willow Creek shifts away from Seeker Friendly Services.

A young man’s patriotism shown in the care of the flag. (Hat Tip: Michelle Malkin.)

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The Constitution Party’s amazingly stupid nominating decision.

John McCain ticking off the base is costing him money.

In Alabama, McCain gets a sweetheart deal on rent. (Hat Tip: Pam’s House Blend.)

John McCain riding on his wife’s corporate jet (a new non-scandal.)

Barack Obama’s Socialist/Communist blogger.  

Hillary and religion.

Plus: A future Clinton victimhood claim?

Plus Nancy Pelosi makes her own Bible verse.

The ACLU declares war on border enforcement.

A drug smuggler brings more illegal drugs into the country thanks to the decision to grant him immunity to help prosecute border patrol agents. (Hat Tip: Wizbang.)

Britons marvel at the peacefulness of America despite our guns or perhaps because of them. (Hat Tip: Clayton Cramer.)

School threatens teenagers for wearing a pro-life t-shirt. (Hat Tip: Jill Stanek.)

A student takes a step towards a life of pro-life activism.

Women tell tales of the horrors experienced at Dr. George Tiller’s abortion clinic while Democratic Governor Kathleen Sebelus refuses to protect them, but Missouri Governor Matt Blunt (R-MO) signs a similar bill.

Justice Scalia schools 60 minutes on Constiutional Interpretation regarding abortion.

Archbishops disobey the Pope to give communion to pro-abortion politicians.

Women unaware of available pregnancy resources on college campuses.

The U.S. Circuit Court of Appeals rules for free speech.

Government employees misuse credit cards in order to fund luxuries off the backs of taxpayers.

Unions hold up the Columbia Free Trade Agreement in order force Congress to make it easier for unions to intimidate people into joinining and starting unions. Why would they push that? For one thing, being a Union Boss is big money.

A principal in Sparks, Nevada forbids students from gathering in groups of more than 3 unless they’re evolved in an officially organized activity.

Australian Mayor considers a parent letting their 12 year old daughter have sex, a sign of “maturity.”

Amid allegations of child abuse out of a Texas Polygamist Ranch, CNN asks, “What’s the deal with those outfits?”

A Wisconsin Police Officer abuses his authority.

A story from the dumb criminals file.

Sister Toldjah finds a worthy nominee for jerk of the year: an anti-war protester who assaulted a girl in a wheelchair.

New Children’s book helps kids deal with Mommy’s plastic surgery.  (Hat Tip: Crunchy Cons.)

PETA seeks lab grown meat.

Why sending girls outside could help increase their focus and mitigate ADHD.

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Originally posted here and here.

For the last month and a half, Governor Mike Huckabee spent no time with his boots on the ground in Pennsylvania. In fact, I don’t think he campaigned there period. His voice was not heard on radio ads. His visage was not seen in TV spots. The Hucka-bus did not traverse the turnpike. Calls were not made to prospective voters on his behalf. Any grassroots efforts were independent, few, and far between. No debates were held to match the Democrats.

Anyone up on their politics knows that the reason for this inactivity is the fact that Huckabee dropped out of the race after “Super Tuesday 2″ on March 4th, when it became unmistakably clear that he would not prevent John McCain from reaching the required 1191 delegates. According to his word, Huckabee threw his support behind the Arizona Senator.

Yet, over 91,000 residents of the Keystone State still pulled the lever, if you will, for the former Arkansas governor yesterday. While the mainstream media—and, by the trickledown effect, the rest of us—are enamored by the fracas on the Democratic side, this is a stat that will, in all likelihood, go largely unnoticed. But it should not.

Some may say that this was merely a collection of protest votes. If that is the case, it’s still a big deal. Combined with Ron Paul’s votes, over a quarter of Republican voters said “no”—or at least “not yet”—to McCain. This is a stern warning to the presumptive Republican nominee: He does not have the conservative base locked up; he should not get too cute with his VP pick.

But what if the eleven percent Huckabee garnered is more than a display in Republican “civil disobedience”? After all, Ron Paul reportedly ran radio ads in Pennsylvania, and his supporters are still battling hard with their “Operation Chaos.” Paul actually received almost 128,000 votes, or 16 percent. If people wanted to simply register their disdain for McCain, they’d either write in their favorite candidate or vote for a candidate still in the race (albeit feebly), who hasn’t endorsed McCain, wouldn’t they? (Unless, of course, there’s that much antipathy towards Ron Paul and his non-interventionism.)

Perhaps the people of Pennsylvania were sending a clear message: We like Huckabee. The Keystone State is critical in November, and McCain’s not going to pick Paul (Would Paul even accept the invitation?). So, obviously, that leads us to Huckabee.

Huckabee is the kind of fella who can connect with those “bitter,” “frustrated,” “clingy” small-town Pennsylvanians whom Barack Obama apparently has no qualms about insulting. For those who “cling to religion,” Huckabee is very outspoken and articulate about his faith. He’s a full-blown supporter of the Second Amendment, for those who “cling to guns.” He rejects gay marriage and amnesty, for those with “antipathy” towards those different from them. He even supports a policy of fair trade, as opposed to our broken free trade system, for those who have “anti-trade sentiment.”

Huckabee knows how to reach out to the little guy. He is one himself! People don’t see a lifelong politician, a business mogul, or a big-city elitist when they look at him, because that’s not who he is. Who is he? The type of guy who could help McCain in Pennsylvania this November.

Now, I don’t mean to start a big brouhaha of all the reasons why Huckabee would be a terrible choice. I’ve heard them. I’ve also heard legitimate arguments as to why a Huckabee supporter shouldn’t want McCain to select him. But two points of this post are clear: McCain has a lot of work to do, and he could use someone like Huckabee to help. Pennsylvanians proved that.

Originally posted here and here.

More than enough pundits and writers with larger audiences than mine have already pointed out that Barack Obama’s “bitter” comments about small-town Pennsylvanians seem tinged with elitism, incomprehension of sincerely religious people, and the idea that something must be “wrong” with those people who refuse to support liberal candidates. But, although those three promulgations are important, I feel that there are other insinuations in his comments that may be the most egregious of all.

Obama later clarified the statements he made at a private San Francisco fundraiser, saying that when politicians don’t do small-town citizens any economic favors, the latter turn to “what they can count on.” Since they haven’t been able to count on the government to handle the economy well recently, they turn to what’s left: their faith. The inference here is that, if Democrats can just use the government to fulfill people’s desires, belief in God will become unnecessary—or, at least, that festering fervent faith in Him, which dictates the way one votes, will.

This sounds like something straight out of a secular humanist strategy book: the deification of government. When government cares for all our needs like a loving, “heavenly” father (or mother—let’s be politically correct), God can be relegated to a small, comfortable, controllable “box.”

But another intimation underlies Obama’s words. His statements suggest that money drives the most fundamental aspects of our lives. After all, if the government’s bumbling with the economy is what causes us to “cling” to God (or “religion,” as he puts it), then prosperity would naturally trigger a drift away from God, or at least cause us to relax our grip, right? Now, that right there is a biblical concept. Of course, prosperity spawns temptations and lures us into trusting in ourselves and our wealth rather than God; material things can make us lose perspective, and they can grow into our god. On the other hand, we cry out to the Lord in trials and tribulations, and in such situations we often come to the realization of that which is most important. Somehow, though, I just don’t think that’s the point Obama was trying to make.

His reference to guns, hinting at his anti-gun sentiments, carries similar connotations (obviously, as it came in the same sentence). Never mind the foundational principles of self-defense and constitutional rights. According to Obama’s rationale, you have to pry the firearms out of gunners’ cold dead hands—not because they feel so passionately about the right to keep and bear arms—but because they’ve died from economic hardship.

Obama’s policy seems quite straightforward. Pad their wallets, and maybe they won’t notice if you empty their holsters.

Many secularists and anti-gun activists would like a world where faith and firearms are accents, not cornerstones, of our lives. Although I can’t nail down Obama’s position officially on the faith issue, he does seem to be in the same ballpark, which seems odd, considering that he openly calls himself a Christian. I’m not going to presume to know exactly what’s in the deep recesses of his heart, but we must not forget Obama’s political positions on abortion and homosexuality, along with other issues important to Christians. The more people who “cling” to their faith—specifically, Bible-believing, Christ-centered, all-encompassing faith—the worse it is for Obama’s political ambitions. Like an atheist says in Ben Stein’s new documentary Expelled: No Intelligence Allowed, religion will ideally become something that people “do on the weekends” for fun as a social event—something that doesn’t really affect the rest of their lives. Obama’s translation? Something that doesn’t really affect their votes.

Podcast Show Notes

Veterans reject “punch in the gut support.” 

With an “F” grade from the NRA for an anti-gun record, Barack Obama fights for the pro-gun vote in Pennsylvania. (Hat Tip: Reformed Chicks Babbling.)

An Austalian Couple shows how low moral relativism can lead. (Hat Tip: Red State.)

A 13 year old is attacked in school for opposing illegal immigration. (Hat Tip: Michelle Malkin.)

Scientist concedes embryonic stem cell research hasn’t been working and may never develop a therapy for anything.

Unhinged leftists in Italy.

Antonin Scalia tells it like it is.

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