The letter below was not published by The New York Times, which is sad, because I think it is correct. And that is before you get to health care and abortion
Dear Editor,
The primary function of a king is to keep the peace to protect his subjects. Our common law started with a command from the king (a writ) alleging a breach of the king’s peace ‘by force and arms.’
That function in your republic is: ‘to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty…’
A citizen bearing arms threatens peace and tranquility.
By allowing and encouraging citizens to bear arms, the Supreme Court is preventing government from properly performing its function to ‘insure domestic Tranquility.’
The Union is therefore in terms a failed state.
And the court did this in Heller in rude, partisan and triumphal language that is now mirrored in Dobbs. Those justices never learned the ancient wisdom that the most important person in court is the loser.
You will not find anything remotely like this anywhere else in the common law world.
It is all so sad.