Summary of 2nd Amendment & Gun Control Posts


.

Rich Estes, one of my West Point classmates and with whom I more often than not agree on political issues, posted the following on Facebook today, saying, “… this pretty well sums up my understanding of the 2d Amendment. I’m interested to hear some rational, well informed comments, pro and con.”

.

Thanks to The Knowledge Movement for sharing this...

.

In response, I posted a summary of my blog posts here on the subjects of the 2nd Amendment and gun control.  Having done so, it occurred to me that re-posting that summary here might help others follow the discussion as well.  So, here it is:

.

My first post on the subject was in 2008, shortly after the US Supreme Court decided in the Heller case and contrary to the interpretation contained in “What the 2nd Amendment REALLY Says”, that the “right to bear arms” is an individual right, independent of the establishment of any militia:

.

https://freelegaladvice.wordpress.com/2008/06/26/supremes-uphold-individual-handgun-ownership-right/

.

After taking a long break from blogging, I resumed in late 2012.  On December 29th, shortly after the Sandy Hook murders, I wrote in part:

.

“… in the absence of an amendment to the Constitution modifying its terms, the Second Amendment means that the government (federal directly and state/local through the Due Process Clause of the 14th Amendment) has no authority to “infringe” (per Merriam-Webster online Dictionary:  “to encroach upon in a way that violates law or the rights of another”) on the right of individuals to keep and bear arms.  Period.  Not handguns.  Not rifles.  Not shotguns.  Not even “assault weapons”, regarding which, by the way, there really is no such thing.  When the federal government passed the so-called “Assault Weapons Ban” in 1994, Congress had to make up a definition of what constituted an “assault weapon” within the meaning of the law.”

.

After discussing various gun control issues, I concluded: 

.

“We should not be teaching our children to live in fear.  And, as horrific as were the events in Sandy Hook, the occasional occurrence of such events is one of the prices we pay … and must pay … to live in a truly free society.”

.

The full discussion is here:

.

https://freelegaladvice.wordpress.com/2012/12/29/what-now-for-the-second-amendment-gun-control/

.

That discussion prompted a comments and questions by another classmate, Terry Atkinson, who’s opinions I value highly.  In response, I wrote a lengthy analysis of the language of the 2nd Amendment and what it meant at the time it was written:

.

https://freelegaladvice.wordpress.com/2013/01/04/more-on-the-2nd-amendment-and-gun-control/

.

I wrote there that my own “strict construction” interpretation of the 2nd Amendment would “… exclude from constitutional protection such weapons as fighter aircraft, naval ships and weapons, artillery pieces, napalm, nukes & other bombs, as well as even such lesser weapons as 50 caliber machine guns, shoulder mounted rocket launchers, flamethrowers, hand grenades and most other military-style weapons.”

.

(As a side-note, I have since come to realize that the term “military-style weapons” is a poorly worded attempt to describe the kinds of weapons used by the military.  It is probably more useful to simply use the term “fully automatic”.)

.

I also concluded there that “… a strict construction of the 2nd Amendment would also require that … the mentally ill, like convicted felons, can be thought of as not having any 2nd Amendment right to be infringed by governmental action.”

.

Other gun-related discussions on my blog include:

.

https://freelegaladvice.wordpress.com/2013/01/14/dispelling-the-myth-that-more-guns-more-murders/

.

… in which I contend and explain the basis for the contention that:

.

“… proponents of more restrictive gun control laws rely on a bald-faced lie to support their efforts to disarm law-abiding citizens.  That lie, of course, is the claim that possession of more guns by private, law-abiding citizens results in more violent crime and, in particular, more murders … and the corollary thereto, that reducing the number of guns in the possession of such citizens will reduce violent crime and murder.”

.

This blog post motivated objections from classmate John Douglas, which led to an even more detailed discussion, which appears here:

.

https://freelegaladvice.wordpress.com/2013/01/25/the-advocates-for-self-government-on-guns-gun-control/

.

This post includes a number of contemporary (or shortly thereafter) historical references to the meaning of the 2nd Amendment, several of which make the point that the right to bear arms is as much for protection against the government as for any other purpose.  It also includes an analysis of gun violence statistics and their meaning.

.

Other posts:

.

https://freelegaladvice.wordpress.com/2013/01/19/assault-weapons-band-aid/

.

… which is a discussion of why the 1994 so-called “assault weapons ban” was ineffective.

.

https://freelegaladvice.wordpress.com/2013/01/25/the-advocates-for-self-government-on-guns-gun-control/

.

… for the Libertarian view of guns & control.

.

https://freelegaladvice.wordpress.com/2013/02/18/gun-control-and-your-right-to-defend-yourself-your-home-and-your-loved-ones/

.

… regarding the use of firearms in self-defense and in cases of large-scale regional or national emergencies.

.

https://freelegaladvice.wordpress.com/2013/02/18/no-one-is-coming-to-take-your-guns-yet/

.

… on why we should be concerned about governmental confiscation of firearms.

.

https://freelegaladvice.wordpress.com/2013/04/02/the-virtual-president-of-the-united-states-on-gun-control/

.

… which discusses and links to the absolutely brilliant “Virtual President’s” state of the union address on guns.

.

https://freelegaladvice.wordpress.com/2013/04/15/trashing-the-constitution-on-hbo-bill-maher-wrong-again-wrong-again/

.

… a response to Bill Maher’s claim that “the Second Amendment is bullshit”.

.

https://freelegaladvice.wordpress.com/2013/02/20/2nd-amendment-letter-to-the-editor-june-17-2000/

.

… which reproduces a letter to the editor I wrote in 2000 regarding gun control.

.

https://freelegaladvice.wordpress.com/2012/12/30/congressman-ron-paul-is-a-voice-of-reason/

.

… on Ron Paul’s Libertarian take on gun control and personal security.

.

… and finally:

.

https://freelegaladvice.wordpress.com/2012/12/31/powerful-congressional-testimony/

.

… a link to powerful congressional testimony about the 1991 Luby’s Cafeteria murders in Killeen, Texas.

.

Would be happy to hear any response anyone might have to any of these discussions.

Advertisements

Trashing the 1st Amendment in North Carolina


.

North Carolina state representatives have introduced legislation that would, if adopted, purport to exempt the state from the strictures of the 1st Amendment of the U.S. Constitution and would allow North Carolina to establish an official state religion.

The proposed legislation, reported today on HuffingtonPost.com …

http://www.huffingtonpost.com/2013/04/03/north-carolina-religion-bill_n_3003401.html#slide=467436

… is co-sponsored by state representatives Carl Ford (R-China Grove) and Harry Warren (R-Salisbury) and is backed by nine other republican representatives.

The proposed laws read as follows:

SECTION 1. The North Carolina General Assembly asserts that the Constitution of the United States of America does not prohibit states or their subsidiaries from making laws respecting an establishment of religion.

SECTION 2. The North Carolina General Assembly does not recognize federal court rulings which prohibit and otherwise regulate the State of North Carolina, its public schools, or any political subdivisions of the State from making laws respecting an establishment of religion.

The name of the bill is “A JOINT RESOLUTION TO PROCLAIM THE ROWAN COUNTY, NORTH CAROLINA, DEFENSE OF RELIGION ACT OF 2013” and is denominated House Joint Resolution DRHJR10194-MM-54.  The full text of the resolution is here:

http://www.ncleg.net/Applications/BillLookUp/LoadBillDocument.aspx?SessionCode=2013&DocNum=2501&SeqNum=0

The introduction to this bill acknowledges that the “Establishment Clause” of the 1st Amendment says “… Congress shall make no law respecting an Establishment of Religion, or prohibiting the free exercise thereof ….”  It goes on, however, to declare that “… this prohibition does not apply to states, municipalities, or schools ….”

Supporters of the bill cite the 10th Amendment …

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

… for the proposition that the federal government cannot expand its powers beyond those specifically enumerated in the Constitution.  They also also assert that the Constitution does not authorize either the federal government or federal courts to determine what “is or is not constitutional” and that, consequently, the ability to determine constitutionality is reserved to the states and the people thereof.

Apparently, these state legislators stopped reading when they finished with the 10th Amendment.  They certainly didn’t get to section 1 of the 14th Amendment, which says in part …

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

… and which has been repeatedly held to mean that all of the protections of the Bill of Rights apply as to the states as well as the federal government.  In other words, the Constitution of the United States of America does “prohibit states or their subsidiaries from making laws respecting an establishment of religion”.

And it does require the North Carolina General Assembly to “recognize federal court rulings which prohibit and otherwise regulate the State of North Carolina, its public schools, or any political subdivisions of the State from making laws respecting an establishment of religion”.

Thus, the state of North Carolina cannot constitutionally declare a state religion, whether this resolution passes or not.

On the other hand, I have to admit that it might be fun to watch them trying to do so.  Fewer than 48% of all North Carolinians consider themselves active participants in any religion.  The most popular religion in the state is Southern Baptist;  however, just 19% of people in the state are active Baptists.  Methodists total 9% and Roman Catholics (the fastest growing religion in the state) just over 4%.  Other Christian denominations, including Episcopalian, Pentecostal, Lutheran, Presbyterian and Latter Day Saints (Mormon), range down from less than 3% to less than 1% each.  All other splinter Christian denominations combined make up roughly 7% of the population.

Jews, Muslims and adherents of Eastern religions (who together total less than 1% of the state’s population) may, in any discussion of this subject, be voices in a Christian wilderness.  However, adherents of which of the various Christian denominations do you suppose are going to stand idly by while some other denomination is declared to be the official religion of the state of North Carolina?  Even if the proposed state religion is Baptist, will this be acceptable to the other 30% of North Carolinians who actively practice some other religion (never mind the 52% of the people in the state who are not active in any religion)?

And then, even if the North Carolina legislature is able to pass this resolution and declares an official state religion, we’ll have the consequent litigation and inevitable smackdown by the U.S. Supreme Court, the members of which — contrary to the beliefs of the sponsors of this legislation — believe it does have the authority to determine what “is or is not” constitutional.  And which will certainly find any “establishment” of a state religion violative of the 1st Amendment.

Oh, by the way, one more thing — it appears that the sponsors of this bill have not even recently read their own state constitution, since the proposed bill violates Article 1, section 5 of the North Carolina  constitution.  This provision requires the state and its citizens (presumably including its legislators) to comply with federal laws:

Every citizen of this State owes paramount allegiance to the Constitution and government of the United States, and no law or ordinance of the State in contravention or subversion thereof can have any binding force.

___________________________________

For other interesting (and somewhat amusing) discussions of this proposed legislation, see these articles on TheAtlantic.com website:

http://www.theatlantic.com/politics/archive/2013/04/north-carolinas-proposed-state-religion-isnt-as-unprecedented-as-it-sounds/274646/

… which notes, in part:  “You can safely file this under Not Gonna Happen. Even if the state passes the law, there’s no chance it would be upheld. Phillip Bump at The Atlantic Wire explains the fun circular logic going on: Yes, Marbury v. Madison established federal judicial review, but it was a federal decision so it’s not binding. (The Tar Heel State could of course try seceding, but that didn’t work out so well for them the first time around.)”

and:

http://www.theatlanticwire.com/national/2013/04/north-carolina-official-government-religion/63833/

… which opens:  “Let’s say you’re a state and you want, for some reason, to declare an official government religion. You’d probably recall that such behavior runs a bit afoul of the First Amendment to the Constitution. Leaving you with only one option: Decide that your state gets to interpret the Constitution however it sees fit.”

… adds:  “Yes, the 1803 case of Marbury v. Madison clearly settled the issue of the primacy of federal judicial review, but that was decided by the Feds and they don’t have the right, so it doesn’t count. As WRAL notes, this strategy has been tried before to block federal measures that any particular state didn’t like at any particular time. Never, we should point out, successfully.”

… and concludes:  “Anyway, the bill will never ever pass and if it did would quickly be struck down by the federal courts, since they have complete authority to do so. The end.”