#Trump pledges to 'roll back' Democratic President Joe #Biden’s #gun#regulations put in place by Democratic President Joe #Biden & to fire the #ATF chief during a lengthy rally speech to the #NRA on Sat, during which he accepted the influential group's #endorsement.
The address to thousands of #NRA members at the group's annual Leadership Forum in Dallas was light on new #policy, but he used the platform to urge #gun supporters to go to the polls in the Nov #election.
"We've got to get gun owners to vote," #Trump said in his wide-rangingspeech, which covered everything from his #criminal trials to #trade & #immigration over >90 mins.
"I think you're a rebellious bunch. But let's be rebellious & vote this time."
The nation's top #gun rights group has now endorsed #Trump 3X - in 2016, 2020 & 2024.
The org cheered on Trump during his 2017-2021 term, as he appointed 3 #conservative justices to #SCOTUS & took a series of steps sought by the #GunLobby.…Including designating #firearm shops as “essential businesses” during the #COVID19#pandemic, allowing them to stay open.
During the speech, #Trump repeated a pledge to fire the director of the Bureau of #Alcohol, #Tobacco, #Firearms & #Explosives, known as the #ATF, on Day One of a potential administration. He accused that agency, which enforces #UnitedStates#GunLaws, of being heavy-handed w/ #FirearmOwners & revoking licenses on frivolous grounds.
"Tonight, Donald Trump confirmed that he will do exactly what the #NRA tells him to do - even if it means more death, more shootings, & more suffering,"— #Biden camp spox.
…Trump repeated a false claim that he won the 2020 election, & he went after Biden in aggressive terms, repeating claims of corruption that are not supported by available #evidence.
“When a #police department upgrades its #guns, what happens to the old ones? A CBS #News investigation found #law enforcement agencies routinely resold or traded in their used duty #weapons, a practice that has sent thousands of guns into the hands of criminals.
In a 16-year period ending in 2022, the ATF identified more than 52,000 guns recovered from #crime scenes that were once used by police agencies. It took a federal court order for the ATF to release that data”
Let's dive into some citations Kagan used and see what the underlying stuff says.
For fun---because I definitely see a Federalist citation in there and the beauty of the writing is irresistible.
Chiafalo v. Washington, you may actually recall, was a Supreme Court case involving "Faithless Electors" in the 2016 election. (Image: Summary of Facts)
The Court permitted States to penalize the faithless electors.
The Pocket Veto Case was a case in which President Coolidge allowed a bill passed by Congress to expire without signing it after Congress' adjournment.
The question was whether the bill was law considering the Presentment Clause in Article I. (Image 1)
The Clause reads like an LSAT logic game, but the Court held the bill did not become law.
The important part for Kagan's opinion is the quote's context: (Image 2).
So if the Executive has been allowed to do something for a long time, and its done it for a long time, and the Legislature let it do it for a long time, and the Judiciary approved its doing it for a long time, then there is a constitutional inertia that exists.
The Court can intervene, but only if it can overcome the inertia.
Kagan then details the 200 years of unbroken tradition with broad Congressional discretion over form of Appropriation.
"The founding-era practice that the Court relates (Image 1) became the 19th-century practice (Image 2), which became the 20th-century practice (Image 3), which became today’s. (Image 4)"
[parenthetical added by me]
And throwing in Scalia for good measure. Everyone loves a good Scalia cite.
Kagan then notes that there are many appropriations made which are not on an annual basis and not required to return to the Legislature for additional funding:
Customs Service, Post Office, Office of the Comptroller of the Currency (Definitely an office I knew existed 😉), and the Federal Reserve Board.
And that's about it for Kagan and her interesting squad of justices.
McCulloch v. Maryland was an early case from 1819 in which the State of Maryland had put a tax on a bank chartered by the federal government. The litigation stemmed from a refusal to pay the tax, and the Court of Appeals held the bank to be unconstitutional, necessitating Supreme Court review.
Ends up being the seminal "necessary & proper" case.
And the part to which she cites... is exactly that:
She cites to this part of Byrd, citing Richardson.
The context around the quoted part is, I think, extremely important. (Image 2).
It not only notes that the court's role is not general supervision, but that the "irreplaceable value of [judicial review]" is its protection of individual liberties.