Gun Owners of America: Senate should vote down Kagan

Published on July 14, 2010
Duration: 3:34

This video discusses the implications of Elena Kagan's potential Supreme Court nomination on Second Amendment rights. It highlights concerns that Kagan's judicial philosophy, which emphasizes 'settled law' and 'levels of scrutiny,' could undermine the original intent of the Second Amendment as interpreted by the Supreme Court in Heller. The video argues that Kagan's approach may allow for the infringement of gun rights based on majority court rulings rather than a strict interpretation of constitutional text.

Quick Summary

Concerns about Elena Kagan's Supreme Court nomination focus on her judicial philosophy, which emphasizes 'settled law' and 'levels of scrutiny.' Critics fear this approach prioritizes majority court rulings over the original intent of the Second Amendment, potentially allowing for the infringement and even revocation of gun rights by the court.

Chapters

  1. 00:01Second Amendment Debate
  2. 00:24Kagan Nomination and Senate Vote
  3. 00:33Kagan's Stance on Settled Law
  4. 00:44Q&A with Senator Russ Feingold
  5. 01:04Approach to Gun Regulation Challenges
  6. 01:24Levels of Constitutional Scrutiny
  7. 01:51Critique of Judicial Legal Philosophy
  8. 02:00Founding Fathers' Intent
  9. 02:11William Olen's Viewpoint
  10. 02:21Judicial Supremacism
  11. 02:35Kagan's View of Rights
  12. 02:52Trustworthiness on Self-Preservation
  13. 03:09Hostility Towards Gun Rights
  14. 03:13Call to Vote No on Nomination
  15. 03:20Contact Your Senators

Frequently Asked Questions

What are the main concerns regarding Elena Kagan's potential impact on Second Amendment rights?

Concerns stem from Kagan's judicial philosophy, particularly her emphasis on 'settled law' and 'levels of scrutiny.' Critics argue this approach could allow for the erosion of Second Amendment rights by prioritizing majority court rulings over the framers' original intent, potentially leading to rights being granted and then revoked by the court.

What is 'judicial supremacism' in the context of constitutional law?

Judicial supremacism is a philosophy where justices place a high value on the decisions of their fellow justices and predecessors, sometimes to the extent of prioritizing these rulings over the original intent and text of the Constitution as written by the framers.

How does the Heller decision relate to the debate over gun control and judicial philosophy?

The Heller decision affirmed an individual's right to bear arms. The debate now centers on what level of constitutional scrutiny should be applied to gun regulations post-Heller. Some believe strict scrutiny is appropriate, while others suggest intermediate scrutiny, and concerns exist that Kagan's approach might not uphold the strongest interpretation of Heller.

What is the significance of the Declaration of Independence in the discussion of gun rights?

The Declaration of Independence is referenced for stating that rights, such as the right to self-preservation, are inalienable. This implies these rights are endowed by a higher power, not granted by government, which is a foundational argument for the Second Amendment's protection of the right to self-defense.

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