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 | | From:  Gunrockets (Original Message) | Sent: 29/11/2007 14:56 |
Listen to Reason: The Bill of Rights Is a Package Deal By A. BARTON HINKLE TIMES-DISPATCH COLUMNIST The Supreme Court's decision to hear District of Columbia v. Heller (formerly known as the Parker case), provides a welcome opportunity to air out a subject that has grown musty from malign neglect. The case asks whether the District's ban on owning handguns, and its requirement that long guns be disassembled or stored with trigger locks, violates the Second Amendment. Any reasonable reading must conclude yes. (For the record, the Second Amendment reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.") But reasonable interpretations of the Constitution are rare in certain circles, so in the coming months the public will be told that the second item in a Bill of Rights written explicitly to pro tect individual liberties does not apply to individuals. In the reading of gun-control advocates, the Founders wrote the First Amendment to protect individual rights -- then took a wide detour exempting individual rights in order to preserve only a collective right to state militias . . . then doubled back to the protection of individual rights for the rest of the amendments. In this reading, "the people" means one thing in the First Amendment, something entirely different in the Second, and in the Fourth and Ninth Amendments reverts to the meaning used in the First. Even more oddly, in this reading the Founders used the term "the people" to refer to "the states" in the Second Amendment -- but took pains in the Tenth Amendment to draw an explicit distinction between the powers "reserved to the States respectively, or to the people." (Why'd they do that? It's a complete mystery!) GUN-CONTROL advocates get away with such shenanigans because they contend the Amendment's opening clause -- "A well regulated Militia, being necessary to the security of a free State" -- somehow means only a state militia should be allowed to keep and bear arms, and then equate the militia with the modern-day National Guard. But historical evidence shows the militia was, and still is, nearly the whole of the adult populace. (Even D.C.'s own militia ordinance reads that way.) Now consider a parallel construction -- the statement, "A well-fed marching band being necessary to the amusement of a free state, the right of the people to grow and eat crops shall not be infringed." Gun-control advocates would say that sentence means only the marching band can grow food. But that is clearly not what it means. Foes of gun rights insist the Second Amendment is outdated because the Founders could not have foreseen the type of weapons that would be available today. As The New York Times put it last week, "A lot has changed since the nation's founding, when people kept muskets to be ready for militia service . . . .The justices need to confront modern-day reality." This is not an argument one hears about, say, the First Amendment's applicability to modern printing presses or the Internet. Or about the Fourth Amendment's guarantee against unreasonable search and seizure. In those cases, no one says rights have to shrink just because technology expands. The Times and its liberal sympathizers are -- quite rightly -- unsympathetic to the argument from the Bush administration that a post-9/11 world requires expanded executive authority to suspend habeas corpus and detain individuals indefinitely, or to eavesdrop on Americans' phone conversations, or to torture terrorist suspects. In those instances the Bush administration says the need to protect Americans from wanton violence justifies infringing on American liberties. But liberals are quite adamant that saving lives is not a sufficient rationale for abandoning principles. Yet when the subject turns to the right of American citizens to own guns, many liberals suddenly find that the goal of saving lives justifies just that. FINALLY, liberals say the Constitution protects "fundamental" individual rights that it never even mentions, such as the right to abortion and the right to privacy -- but does not protect an individual right that it explicitly does mention, the right to bear arms. They can't have it both ways -- adopting the most expansive reading possible to support what they favor but the narrowest possible reading to reject what they oppose. The Supreme Court should tell gun-control advocates: Sorry, friends -- the Bill of Rights is a package deal. My thoughts do not aim for your assent -- just place them alongside your own reflections for a while. --Robert Nozick. |
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Reader Reaction: Posted November 29, 2007 @ 05:04 AM by Charles P When anti-gun people claim that the founding fathers could not and did not envision the types of weapons that exist today, they are WRONG! Why? Because many of the founding fathers were INVENTORS. I am referring to Ben Franklin (Stove, bifocal glasses), Thomas Jefferson (designing buildings,), George Washington (farming techniques), and many more. These people knew that things would be invented. Some founders were older, and had SEEN improvements to guns, (matchlocks to flintlocks, etc.) Posted November 29, 2007 @ 03:04 AM by Shotgun Well put, Mr Hinkle. Posted November 29, 2007 @ 01:10 AM by Hal Nicely written and I applaud your use of common sense. Wish more people would look abroad and see what has happened in England and Australia. The gun legislations in both places turned into an outright gun ban, which did nothing to deter crime. Sounds similar to DC me. Decrease of guns, increase in crime. Mr. Hinkle keep up the great writing. Posted November 29, 2007 @ 01:02 AM by Woodpiggie As SCOTUS begins to hear arguments and deliberate in this case watch for a plethora of news reports in the "drive by media" explioting incidents of criminal misuse of firearms. Sicko entertainmet programing will certainly follow suit. And as usual they most certainly will ignore the general peace and tranquility associated with places where guns have few restrictions. (eg.Vermont vs. DC) This of course, an attempt to poison public opinion against guns and gun owners and indirectly loby SCOTUS Posted November 28, 2007 @ 08:53 PM by Creeks Excellent write up!! The Second amendment just like all the other amendments is about individual rights. Posted November 28, 2007 @ 08:43 PM by Two-A Charley Regarding notes by Mr. Anonymous (11/28/07, 8:31 AM): 1. Longer-range sniping was a major reason Americans prevailed against the British during the Revolution. Germany and Pennsylvania were producing rifled barrels. Britain wasn't. (.50-cal isn't exactly new.) 2. A jet fighter vs. the family rifle stacks the deck, but there are a lot more family rifles than F-16s, if it ever came to that. 3. 2,000,000+ self-defenses a year are reason enough for individual interpretation. Posted November 28, 2007 @ 08:02 PM by magnacarta Anonymous states that the founders would not condone the ownership of.50 cal sniper rifles. Many if not most of the muskets, Brown Besses and other flintlocks of the time were.50 cal or larger. The .50 cal sniper rifle is not much different than a .50 cal rifle that might be sold over the counter. What makes it a sniper rifle is a number of factors that puts the cost into the area where only specialists who might compete or true snipers such as military/law enforcement would own 1. Posted November 28, 2007 @ 07:51 PM by Ron Senator Kennedy favors The DC gun ban and the confiscation of all guns, be he was walking around DC with his bodyguard who was carrying two submachineguns and a pistol,all loaded Politicians wanting gun bans should be prohibited from being within 100 yards of any firearms. Posted November 28, 2007 @ 05:35 PM by Uncle David This time you have it dead on. This is how things were meant to be. Great job of showing how it was meant to be instead of "PC". No moral person wants to harm or kill (shoot) another. At the same thime they wish their families to life safe and safely. A terrible truth I have learned while helping teenage survivors of unspeakable abuse.. there really are Monsters in this world. Waving a court order will not long stop a Monster who is determined and feels there is nothing to loose. Posted November 28, 2007 @ 04:55 PM by Swamper For those who think overthrowing a rogue U.S. Government is silly, think again. Using common hunting and target weapons, you can obtain the same weapons that our modern military uses, including anti-aircraft and anti-armor missles. During WWII, we air dropped plans for a simple single shot pistol to be made from a pipe and sheet metal, along with several rounds of .45 ACP ammo. The purpose was to ambush and kill a German soldier, and take HIS weapons. Google "Homemade Weapons". Posted November 28, 2007 @ 03:30 PM by joesomebody Beat me to the punch! Posted November 28, 2007 @ 03:25 PM by joesomebody to Anonymous. What if we looked at all the amendments the way you do. Would the freedom of the press still cover the internet, radio? Surely the founding fathers could never foresee those! This is a right among equals, and is subject to the same "reasonable regulation" as the others. A ruling by SCOTUS confirming an individual right does not mean you will be able to buy a rocket launcher at your local hardware store. They are very expensive and large, w\ makes it hard to keep and bear Posted November 28, 2007 @ 02:58 PM by Anonymous Bravo! Well written. Posted November 28, 2007 @ 02:11 PM by Anonymous It's absurd to suggest the Framers thought of the internet, radio and television when they drafted the First Amendment. Per their writings, the majority of the Founders would favor ownership of .50 cal. rifles. It's a red herring anyway, because a .50 cal. rifle has never been used in a crime in the U.S. 98% of gun crime is committed not with assault weapons, but with revolvers, pistols and rifles. More than half of the gun deaths are suicides and 60% of the rest are gang and drug related. Posted November 28, 2007 @ 11:31 AM by Anonymous It is absurd to suggest that framers were in favor of .50 caliber sniper rifles being covered under this. It is also silly to suggest that the people could overthrow this government with small arms. This is not an arms race between the people and the government. 200 years of history have said it is a collective right, the will of the people to determine gun laws that work best for their communities. I see no reason to change this. 32,000 deaths a year in this country is enough. Posted November 27, 2007 @ 10:16 PM by Jack Aubrey It is so refreshing to hear someone use some common sense for once while talking about the second amendment. It is such a nice break from the inane anti-gun drivel that has been appearing in the "letters to the editor" lately. Posted November 27, 2007 @ 04:41 PM by Anonymous Mr. Hinkle has hit all the nails on the head. I wonder if we could get a copy of this to the Supreme Court, It would be a slam dunk for the 2nd Ammendment if they all read it. Of course you have to have some common sense to understand it. A. Barton Hinkle for the Supreme Court!!! Posted November 27, 2007 @ 11:22 AM by Bruce V Well written article, thanks! I write this often, if people would just keep in mind, the first Ten Amendments were written as restrictions on government, they state things the government can not do. If viewed in this manner the Second Amendment is absoutly clear in it's meaning. Posted November 27, 2007 @ 09:59 AM by Mr. Y It's already a package deal. The USSC ruled in 1990 US v. Verdugo-Urquidez that 'the people' referred to throughout the bill of rights referred to the same thing. Now it's time for the court to remedy this stain on the Bill of Rights and uphold the Second Amendment as securing an Individual right. The court needs to keep in mind that gun control has failed to provide any safety, and spawned black markets everywhere it has been implemented. |
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