CNN Legal Analyst Spouts Liberal Claims About Second Amendment

Photo of Matthew Balan.

Sunny Hostin, CNN Legal Analyst | NewsBusters.orgCNN legal analyst Sunny Hostin, when asked about the Supreme Court’s upcoming ruling in the DC handgun ban case on Monday’s "American Morning," repeated the gun control lobby’s argument that "most federal courts and the Supreme Court has found is that really doesn't mean that you can possess a gun. It means that the military can possess a gun, that it's a collective right." She later made the usual liberal claim that the current Supreme Court is "conservative."

"American Morning" co-host John Roberts asked Hostin about the Supreme Court case 48 minutes into the 6 am hour of the CNN program, since the Court’s decision on the handgun ban is expected to come down by the end of June. For the bulk of segment, the legal analyst detailed the origin of the case and gave a summary of what took place during the oral arguments in March.

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It isn’t clear where Hostin got her statistic, that "most federal courts and the Supreme Court has found... that it's a collective right." According to the NRA-ILA’s website, there are actually only three U.S. Court of Appeals decisions that use the term "collective right," and all of three were decided in the 1970s. The only time that the Supreme Court has directly taken up the issue of the Second Amendment was in the 1939 case, United States v Miller, which dealt with the regulation of sawed-off shotguns. It didn’t resolve the question whether the Second Amendment dealt with an individual right or a so-called collective right for a militia.

Also, there are quotes from several of the key Founding Fathers that run contrary to Hostin’s claim that "the Founding Fathers... wanted to make sure that the new federal government did not ban state militias from organizing."

As to whether the Supreme Court is actually "conservative," one only need to point to the recent move by the Court to grant detainees at Guantanamo Bay a day in court to challenge their detention, not to mention plenty of other cases over the past decade. The Court, like the country, is actually divided, with one justice, Anthony Kennedy, playing the role of the "swing vote."

Speaking of the ruling in favor of the Guantanamo Bay detainees, that ruling was described by many in the media as a "setback" for the Bush administration, or as CNN justice correspondent Kelli Arena put it on June 12, the day of the ruling, a "major defeat" for the administration. One wonders how the media will spin any pro-Second Amendment decision by the Court.

The full transcript of the Roberts/Hostin segment from Monday’s "American Morning:"

JOHN ROBERTS: Forty-eight-and-a-half minutes after the hour. Never in the U.S. history has the Supreme Court ever said what the Second Amendment means when it talks about the right to bear arms. But today, the justices may answer that very question. It's a challenge to a law that bans the possession of handguns in Washington, D.C.

Joining us now with more on the case is ‘American Morning’s’ legal analyst Sunny Hostin. So what's at stake here in this ruling?

SUNNY HOSTIN: What is at stake is every single American citizen's right to own and possess a gun, and that really is the crux of it. And you're right -- the Supreme Court really has never said that, that an individual has the right, and let's take a look at actually what the Second Amendment says in particular. The Second Amendment says, ‘a well regulated militia being necessary for the security of a free state, the right of the people to keep and bear arms, shall not be infringed.’ What most federal courts and the Supreme Court has found is that really doesn't mean that you can possess a gun. It means that the military can possess a gun, that it's a collective right, and that is really going to be the balance.

I think what's fascinating about this case is that the way it came up, is one woman, a computer software designer -- she received death threats from a local drug dealer in D.C. He actually broke into her home and threatened to kill her because she had sort of organized the homeowners to report drug activity in her neighborhood. The police officers determined that, you know, she was really at risk here and they advised her to get a gun. But in D.C. you can't have a handgun and that is really how this case came up. So, it really is -- its very essence John -- the right of an individual to possess a gun.

ROBERTS: So the oral arguments were heard back in March. At that time, did the justices give any kind of indication on how they might rule?

HOSTIN: See John, you're always asking me to predict verdicts or to predict how the Supreme Court is going to rule. But I think that any...

ROBERTS: Isn't that what everybody wants to know?

HOSTIN: You're right, and I don't want to guess at what the Supremes are going to do. But I think in this case, when you listen to the oral argument, it's pretty clear that they're probably going to invalidate the ban. In particular, Chief Justice Roberts -- and it's a conservative court right now -- said if it is limited to state militias, why would they say -- Founding Fathers, ‘the right of the people,’ and even Justice Kennedy, who is usually the swing vote, said, in effect, the Amendment says we reaffirm the right to have a militia. But in addition, doesn't it say there is a right to bear arms? So when you look at that, I think what we're going to hear today -- and I hate to guess -- but I think what we're going to hear is that the D.C. ban is no more.

ROBERTS: Let me just get back to something that you said initially when you showed us the Second Amendment. You said -- read militia and then you said gives the military the right to have weapons or would it give citizens militia?

HOSTIN: Well, the Founding Fathers, when this happened, they wanted to make sure that the new federal government did not ban state militias from organizing, and so I think really what it meant then was sort of that a military or a state police type could own a gun, not just the individual that was threatened by a drug dealer. But this Supreme Court is saying, I don't know, I think it's a little bit broader than that.

ROBERTS: An important ruling today. We'll be watching it. Sunny, thanks very much for that.

HOSTIN: Thanks.

—Matthew Balan is a news analyst at the Media Research Center.


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Special thanks to Katrina

Special thanks to Katrina Ruminski of the NRA-ILA Grassroots Division for her assistance.

Did she explain why all the

Did she explain why all the other amendments in the Bill of Rights apply to individual rights and only the 2nd is "collective"?

And unless you're on the Supreme Court, no one cares what you "think it meant."

 

Shoot 'em all; let God sort 'em out! - Marge Simpson

Well, not all of them

The 9th & 10th (albeit constantly ignored when convenient...) are said to be "magnificent generalities," for example. But the Founders did deliberately place the individual rights section in front, with things like states' rights later. The Second is definitely squarely in the individual rights section -- to the point that even left wing Harvard law professor Lawrence Tribe agrees it's an individual right.
JMR

The tax & spend drug war looks racist in the real world.

10th Amendment

We still have a 10th Amendment?  Who knew?!

I thought that one was crossed out decades ago via the interstate commerce clause -- you know, if any person or good from one state crosses into another state, the federal government has the "right" to regulate everything in all states.

I'm guessing that the lefties are going to start thinking of the 5th Amendment in "collective" terms, particularly via Kelo.  "Don't think of it as having your personal property expropriated; think of it as reassigning it to you as part of the 'common good'."

<insert witty signature here>

The Collective Grab

The only thing collective about my 2nd Amendment Rights is that it will take a collective to "come and get them".

-Μολὼν λαβέ

Thunder Pig... Go here to

Thunder Pig...

Go here to stay sharp on your machine gun shooting... http://www.knobcreekshoot.com/

These are the people I want on my side when they come for my guns! 

45 Communist Goals for America http://www.nationmakers.com/com_goals.htm

Kentucky Proud

I am so glad I live in a State that has it's own constitution forbiding the restricition of gun ownership by any government be it local or national.  KY may have a lot of liverals in it but even they know you try and surpress the right of the citizens to own weapons to defend themselves and you are soon out of a job in public office.

No matter what the Supreme Court decides the American Citizen will not stand by and allow themselves to be disarmed. 

Amen!     45

Amen!

 

 

45 Communist Goals for America http://www.nationmakers.com/com_goals.htm

Clear.....I have definately made plans to....

visit Knob Creek.  You almost have to get reservations a year or so in advance to reserve a camp site for the "Big Shoot".  I look forward to it. 

"If a man does his best, what else is there"?

General George S. Patton Jr.

BEGRUNT...

You are correct. I'm willing to stay up to an hour away while I'm there because I know how difficult it is finding anything with such short notice.

Are you planning for this October?

 

45 Communist Goals for America http://www.nationmakers.com/com_goals.htm

I'm going to try.....depends on the home front

but the wife and I are going to try to make it.....we have been planning this almost two years now. 

"If a man does his best, what else is there"?

General George S. Patton Jr.

Guns... Your Rights

Here's a site for those interested to keep up to date

How is this anything more than stripping yet another right from American citizens?

JDW

Remember the Countrywide Six?

Who forgot to write about the advances in Iraq?

 

 

Sunny not so bright, 'won't predict'?

 

What's not to understand here?

You don't have to be Karnak to know FOR SURE a total handgun ban is coming to your neighborhood soon, America.

Habeas corpus for terrorists, citizens forbidden to defend themselves in their own homes. Special rights for certain religious groups.

Hunker down for Armageddon.

 

Militia

Militia: (from American Heritage)

One definition states: "An army composed of ordinary citizens rather than professional soldiers."
Militias during the Revolutionary War were not professional soldiers but ordinary citizens who took up arms to protect themselves. This is evident from the Second Amendment.

This said, are not ordinary citizens today actually still part of a militia in the same sense, protecting their property and rights from aggressors?

If that is so, do we not have the right to own and bear arms? This is a mute point. Think I need to go out and buy more guns. Wonder if I can get a tax right off for work related supplies?

During this time with political correctness at its zenith, I reserve the right to let you know you're an idiot.

militia

Excellent point!

Ordinary citizens. Not "umm state police types, i think, maybe, sort-of"

Here's the one I prefer for

Here's the one I prefer for this argument:

all able-bodied males considered by law eligible for military service.  

That's everyone from 18 to [maximum enlistment ages with no prior active duty]

  • Active duty Army - 42
  • Army Reserves - 42
  • Army Natinal Guard - 42
  • Active duty Air Force - 27
  • Air Force Reserve - 34
  • Air National guard - 34
  • Active duty Navy - 34
  • Navy Reserves - 39
  • Active duty Marines - 28
  • Marine Corps Reserves - 29
  • Active duty Coast Guard - 27
  • Coast Guard Reserves - 27 
  •   MSM - shaping all the perceptions you need to believe.

    Sunny days

    "I think really what it meant then was sort of that a military or a state police type could own a gun, not just the individual that was threatened by a drug dealer. But this Supreme Court is saying, I don't know, I think it's a little bit broader than that."                   

    Wow, she said a mouthful of nothing, sort of, I think.  She had to become a sort of CNN legal analyst or I don't know, something other than an attorney, because they always laughed at her when she was sort of talking in front of the court, maybe, kind of? I don't know, for sure!!

    After reading her bio on Wikpedia I am shocked at her background and am thinking she had to do a little more than be smart to get into the positions she's been in.  If she was hired as one of the top minds in the country by the justice department, God help us.

     

    YOU THINK what it really

    You think what it really meant....was sort of........????

    Good grief!!

    that a military or a state police type could own a gun....

    Um, they didn't have "state police types" back then, but I'm pretty sure they knew what soldiers were, and could have specified if that's what they REALLY meant.....

    But this Supreme Court is disagreeing with you??? How dare they!

    Oh, excuse me, they're saying "I don't know...."

    ??????

    ROFL!!!

    Maybe you should go up there and straighten them out....

     

    Shoot 'em all; let God sort 'em out! - Marge Simpson

    Collective rights?

    "It means that the military can possess a gun, that it's a collective right, and that is really going to be the balance."

    Collective rights? Where in the Constitution do you find a reference to "We The People" as meaning only the military (or some vague “collective”) and not the individual citizens?

    Article 4, Section 2 of the Constitution states: "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States."

    This "legal analyst" fails to realize that the military is not superior to, or seperate from, civilian citizens and the members of the military not exempt from the Constitutional requirements that every other citizen must follow. They are not given special privileges which are superior to, or exempt from, the same immunities and privileges every other citizen enjoys as this would violate the Constitution. I have the same right to keep and bear arms whether I actively serve in the military or not. Why is this so hard for these "experts" to understand and/or admit?

    Let's Ask the Founding Fathers

    "That the said constitution shall never be construed
    to authorize Congress to infringe just liberty of the press, or the
    rights of conscience or to prevent the people of the united states, who
    are peaceable Citizens, from keeping their own arms." - Samuel Adams

    "If you love wealth greater than liberty, the
    tranquility of servitude greater than the animating contest for
    freedom, go home from us in peace. We seek not your counsel, nor your
    arms. Crouch down and lick the hand that feeds you; and may posterity
    forget that ye were our countrymen." -Samuel Adams

    "Arms discourage and keep the invader and plunderer
    in awe and preserve order in the world as well as property. Horrid
    mischief would ensue when the law-abiding(are) deprived the use of
    them." -Thomas Paine

    "The constitution preserves the advantage of being
    armed which Americans possess over the people of almost every other
    nation....Notwithstanding the military establishments in the several
    kingdoms of Europe, which are carried as far as the public resources
    will bear, the governments are afraid to trust their people with arms." - James Madison

    Modern seekers of careers in jurisprudence would be better served by reading what the founding fathers said they meant when they penned our great founding documents than what the professors of Harvard and Princeton said they meant.

    "Of all tyrannies a tyranny sincerely exercised for the good of its victims may be the most oppressive." - C.S. Lewis

    Bradben, sadly the Founding Fathers don't matter to libs

    They would be viewed as evil white men who approved of slavery, were racist, sexist, and had views far from our evolved perspective.

    As I have said several times in the past two weeks, I encourage every able adult to get a concealed carry permit.  We never know when we will have to defend our families or ourselves.  Also, the libs will have a harder time passing more restrictive gun laws on those who don't commit crimes.

    Jeff Lebowski

    www.angrywhitedude.c...

    jeff...

    #30. Discredit the American Founding Fathers. Present them as selfish aristocrats who had no concern for the "common man." (taken from list in link below)

    Libs are only doing as instructed. Most are too dumb to think for themselves.

    45 Communist Goals for America http://www.nationmakers.com/com_goals.htm

    Another interesting opinion

    From a liberal lawyer that knows very little about constitutional law...wasn't it just in the past couple days that Obama that didn't seem to know what the difference between due process and habeus corpos was? In fact...he's shown a lot of ingnorance about a lot of subjects in the last week...doesn't know that having a longer number on his campaign fund bottom line means there's morein it than McCain's...and that due to Clinton's Gorelick wall we couldn't prosecute terrorists...oh wait no, it's that they think Americans are too stupid to know the truth.

    It's really rather simple.

    The Constitution refers to three different individuals in it's various sections: The People, The States and The Federal Government (as each branch - Congress, the Executive and the Judicial). The second amendment is very specific in refering to the right belonging to The People. Regardles of thier reasoning as to why The People must have the right to bear arms, they were very clear that the right belongs to The People. Not the States and not the Government.

    It is also instructive to understand that men reporting for duty in the militias were always responsible for supplying thier own personal weapons. Therefore, if The People were not allowed to keep and bear arms, there could be no militias to defend the country when necessary.

    It's so easy to understand that almost any 5th grader can comprehend the meaning and intent when they are read or they read the 2nd amendment. It takes a PhD to be able to sufficiently complicate it so that people are confused and misled.

    The day that "politician" became a career choice is the day we started losing the Republic. Let's get it back! Alan Keyes '08.

     "It takes a PhD to be

     "It takes a PhD to be able to sufficiently complicate it so that people are confused and misled."

    Which has been, and is their goal! 

    45 Communist Goals for America http://www.nationmakers.com/com_goals.htm

    It Also Takes...

    ...complacency, apathy and ignorance of those listening to the PhDs to be fooled by their twisting of the clear meaning of the Constitution. The real power of the socialists on the left is the complete lack of any wisdom and understanding of what freedom really means. Case in point, how many people today could read the founding fathers and actually understand their words. Answer: very, very, oh so very few. That is the real American tragedy, not lack of health care.

    "Of all tyrannies a tyranny sincerely exercised for the good of its victims may be the most oppressive." - C.S. Lewis

    C5then

    "It is also instructive to understand that men reporting for duty in the militias were always responsible for supplying thier own personal weapons."

    Damn straight! I had a little dialogue on NB way back about the famous Miller SCOTUS ruling. Libs like to reference that one because Miller lost. But, he lost because SCOTUS wasn't aware of "trench guns," and ruled his sawed-off shotgun had no military use. From the holding:

    ''[citizens,] when called for service . . . were expected to appear bearing arms supplied by themselves and of the kind in common use at the time.''

    Get that? "In common use at the time." So, turn it around, and Miller really affirms a right to own military-type weapons. As in M-16s. Run that past a liberal anti-gunner!

    Where's your "assault-weapons" ban NOW?

    "It means that the military

    "It means that the military can possess a gun, that it's a collective right,"

    This is one of the thousand things that baffles me about liberals. They screech and whine about the ever-expanding police state, and consistently disparage what the military is all about, yet they want only the police and the military to have all the weapons.

    Seriously, are they suffering from terminal cognitive dissonance, or are they just plain stupid?

    Liberals don't mind a

    Liberals don't mind a police state if they're the ones that are policing the state. 

    “There are no easy answers' but there are simple answers. We must have the courage to do what we know is morally right.” - Ronald Reagan (1964 Republican Convention)

    BINGO!

    Not much anyone can add to that statement. The truth stands!

    45 Communist Goals for America http://www.nationmakers.com/com_goals.htm

    I'm very afraid of this court

    I know what the Supremes should decide based on the actual words in the Second Amendment as compared to the others and to what the folks that wrote the Amendments said about them. It is definitely an individual right. As said above, even an (honest) leftist law professor admits it.

    However, after Kelo and Guantanamo I have great fear that the words mean nothing to these black robed internationalists. I'm waiting for the majority opinion that is based on the UN gun grab efforts and "the world opinion" on private ownership and possession of weapons. It'll be the final nail in the coffin of the original America. We'll finally be French. They still won't like us.

    The only system in which

    The only system in which 'collective' rights, as opposed to individual rights, exist is in a totalitarian state; Which is apparently what Libs want.

    To libs, collective rights

    To libs, collective rights end when their wishes are not included in the "collective". If we were to say, gun ownership is a collective right, therefor all peoples will be issued guns at birth, then it would suddenly become an individual right.
     

    Save a SeAL, club a liberal!!

    Communist Police State strategy

    The MSM is part of the left's CPS strategy and disarming citizens is part of the package. This is how the next civil war begins. They better be careful what they wish for.

    Drill ANWAR

    Yep!

    45 Communist Goals for America http://www.nationmakers.com/com_goals.htm

    Want to have fun with Lib's?

    Direct them to Clear Thinker's quote. Let them review the communist goals for taking over the U.S. and see how much is intertwined in liberal thinking. Thanks CT

    During this time with political correctness at its zenith, I reserve the right to let you know you're an idiot.

    Mrs. Hostin is no doubt a very bright...

    Mrs. Hostin is no doubt a very bright and capable woman. On the issues of a "well regulated militia," the Second Amendment, and gun possession she and the gun control lobby are mistaken.

    True or False?

    Under Sharia, the right to bare arms will no longer be afforded to half the population?

    "Fighters are fun but bombers make policy"

    These People Are Laughably Stupid

    The Bill Of Rights - in fact the entire US Constitution - outlines the individuals rights, not the government's rights. Period. The Founding Fathers clearly never singled out the Second Amendment as a "collective right," which would deny individual ownership of a gun. It's so obvious you have to be a pinked out college professor or a willing dupe not to see it.

    But then, this is CNN - not hard to figure.

    Also, the original US militia members were the people themselves, who took their own arms from above their fireplace mantels and went out to fight the oppressive British government, which had uniquely positioned itself as outsiders to the colonists.

    It's one thing for one dummy to express this stupid point on a cable news network, but for no one else on the show to be able, or willing, to correct her is infuriating.

    their insanity blinds them

    If these people would ever grow up and become adults they could see that wishful thinking combined with something you wrote on a piece of paper does not make it so.

    These are juvenile mentalities that 'know' that only bad people want those nasty guns. All they have to do is make it illegal to possess one and that's that. When the result is a shooting gallery like Washington, D.C. or London they just look the other way. If they are not being raped or murdered at the moment then this was a success and it's on to the next victory for Utopia.

    It's mighty instructive to hear a fluffy bunny type talk after they've been raped or their family has been invaded and threatened with death. Time and time again you find them at the gun shop. Oh my, another convert. What a surprise! Reality just invaded their universe.

    2nd amendment

    The right of the people to keep and bear arms!

    Not the right of the military or militia to to keep arms for the people's protection.

    Excellent Points

    I'm encouraged when I see people who get it as solidly as you do.

    → ramm

    I'm waiting for California to make wildfires illegal.

    Never mind that the lightning will not obey the law.

    • LYDSEXICS UNTIE

    HAHA!!  She claims the

    HAHA!!  She claims the current SCOTUS is conservative.  YEAH RIGHT!!!  Ok, if it is so conservative then explain that ruling a week ago regarding prisoners of war.