Amendment II
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.
We have quite a bit of controversy about what this sentence means.
Most of the controversy stems from a poor education system that no longer emphasizes the proper use of tense and punctuation within the confines of teaching our national language.
It is fed by the acceptance of only a shallow cursory teaching of the history of our nation.
It is tempered by an independent philosophy totally removed from the original intent and the actual words of our constitution designed to bastardize what our founding fathers envisioned and turn our country into a corporately owned hellhole where armed anarchists kept the population in line by instilling fear in the citizens to conduct everyday business. THERE IS NO RIGHT TO BE AN INDIVIDUAL ARMED TERRORIST WRITTEN INTO OUR CONSTITUTION. I know i'm yelling. But be clear, if things are to change, they will change because rational people calmly examine what we have become and decide to change it.
First lets examine the sentence it self. It has a double subject. What that means is that both subjects are tied to the predicate by a common thread. We have the right to form and arm Militias within our society in order to secure our freedom. The second point about the subject that always seems to get lost is this. It is plural. A militia is a group of people, not a disgruntled individual. "The people" is just that, people, more than one. It does not give you or I the right to own a weapon, except in the context of our involvement with a militia to defend our freedom. The structures of the militias themselves are left to state and local governments, per the U.S. Constitution. The city of Knoxville has the right to opt out of the state militia as a conscientious objector and ban some weapons and regulate others within the city limits. The Supreme Court has ruled on it. That's the way it's written and that's the way it is.
Within the structure of a sentence the first subject listed in a sentence with multiple subjects is considered dominant and given preference. In other words a"well regulated Militia" would have dominance over "the right of the people". The folks running the militia, in Tennessee that's the National Guard, have the duty to regulate the weaponry within their jurisdiction, in such a manner that it best insures the ongoing security of a free state. If we reach the point where we, both as individuals and as a group, are less secure in our freedom with unrestricted gun laws, then our local and state governments are constitutionally mandated to regulate guns, not to ensure that every whacko walking the streets has access to one. It is the state of Tennessee's duty to regulate its own militia.
Finally, I have a pet peeve about handgun regulation. Sidearms are for officers and war zones. Unless one has a recognized aptitude for leading a group of men within a military structure,specifically our state militia, your right to own a handgun does not exist, even in a theoretical sense. Again, it's about what this stuff says, not what the gun nuts want to pretend it means.
Over the course of the last fifty years, Americans have distanced themselves from the harsh reality that freedom entails responsibility. It is this way with wealth and armaments. We are moving in that direction with education. I will conclude with this observation. The 8th grade ACTs came back this week. My son had perfect scores in math and english usage. He was in the 97% percentile for science and the 94% for reading comprehension. His career path report that came with it said he should be a waiter. The same sort of thinking that goes toward that kind of idiotic conclusion has built a series of gun laws that favor the criminal element and access to arms for the mentally ill, over the law abiding citizen. When one has to arm oneself in order to reasonably function, one lives in a war zone. It is time for realistic, reasonable gun regulation.
|
61
vote
|
Discussing:
- Reporter laments lack of public participation in city budget hearings (3 replies)
- Charles Ramsey gets burgers for life (3 replies)
- Haslam: Coal is king (11 replies)
- World's Fair Park development? (13 replies)
- Harriman site added to EPA Superfund National Priorities List (1 reply)
- Conspiracy du jour (4 replies)
- Jimmy Haslam apologizes to NFL owners for any damage caused by federal probe (1 reply)
- Tragic news from Oklahoma (12 replies)
- Playing the Game (1 reply)
- The Taylor Swift Justin Bieber Awards (4 replies)
- TBI accuses non-profit of lying, WSMV of shoddy journalism for repeating it (2 replies)
- Haslam goes off on the media (6 replies)
Upcoming events:
- May 28 2013 - 6:00pm (5 days 42 min from now)
- May 30 2013 - 5:00pm (6 days 23 hours from now)
TN Progressive
- Barack Obama's 1979 Prom Photos (TN Guerilla Women)
- New Laws Finally Target Sex Trafficking in Tennessee (Joe Powell)
- The Kingston Ladd Landing Greenway...Some Information and Opinion (RoaneViews)
- Emory River Paper Mill Site To Get Superfund Cleanup (RoaneViews)
- RECOGNIZING A STROKE (RoaneViews)
- TN Cong. Fincher Takes Millions in Subsidies, Cuts Food Stamps, Makes TN National News Again (RoaneViews)
- Tennessee Education Reform Ignores Models of Success (Joe Powell)
- Let The Churches Deal With Them (Southern Beale)
- Tornado Victim Reunited with Dog in Rubble on Live TV (Video) (TN Guerilla Women)
- Ellen Eviserates Abercrombie & Fitch CEO's Comments on Plus Size Women (Video) (TN Guerilla Women)
- Overwheming Bi-Partisanship As Congress Stands Tall For Freedom...To Fish? (RoaneViews)
- Psycho Michele Bachmann: God is Going to Repeal Obamacare (TN Guerilla Women)
- Justice Department Seized Fox News & White House Phone Records (TN Guerilla Women)
- The Horrible Punishment Heaped Upon Tea Party Groups by the IRS (Kitchen Table)
- Rep. Fincher Joins TNGOP’s Starving Children Club (Southern Beale)
- Dinnertime (Domestic Psychology)
TN Politics
- Quote of the Day: Emily Evans on the Music City Center (Pith in the Wind)
- Former House Speaker Dick Barry Dies, Age 89 (Tom Humphrey)
- DesJarlais pays up (Post Politics)
- Keeping them in business (Post Politics)
- Will Nashville Hit the Road? (Pith in the Wind)
- He thinks this is a dam good idea (Post Politics)
- Corker: Don't Sell TVA... But Maybe Give It Away (Tom Humphrey)
- Legislature Passed 12 Laws on Sex Trafficking During Sesssion (Tom Humphrey)
- Fracking rules (Post Politics)
- Green flag (Post Politics)
- Committee Signs Off on Fracking Rules (after a partisan spat) (Tom Humphrey)
- Judge Tosses Charter School Lawsuit Against School Board (Tom Humphrey)
Local Media Blogs
- Where Am I? Vol. XVI (Gerald Witt)
- Prosecutors move to drop criminal case against Mike Ross (Josh Flory)
- Music From This Week's Issue: May 23 Best of Knoxville Edition (Metro Pulse)
- City Council gets it done quietly (Mike Donila)
- The Daily Plan-It: Shopping at the Farm, Zumba, and Best of Knoxville PARTY!!! (Metro Pulse)
- Thursday briefing (Josh Flory)
- On Bearden – some extras (Gerald Witt)
- Millions of public dollars … and tumbleweed (Gerald Witt)
- Bocce (Gerald Witt)
- Burchett to play bocce with Nick (Mike Donila)
- Byrge Files Appeal on Campfield Libel Suit (Metro Pulse)
- The Daily Plan-It: Life Drawing Session, Modern Dance Class, and Farewell to Kings (Metro Pulse)
Local Paper
- Vote on Farragut hotel tax canceled (KNS Business)
- Worker injured at KUB project (KNS News)
- Xinergy shareholders say 'no' to CEO stock options (KNS Business)
- Fired UT judicial affairs director claimed 'hostile work environment,' 'discrimination' before dismissal (KNS News)
- North Knoxville Medical Center completes ER expansion (KNS Business)
- Government drops criminal case against Mike Ross (KNS Business)
- The List: Expansion plans push Salsarita's owner higher on restaurant rankings (KNS Business)
- Herb farm hosts fairy festival on June 1 (KNS News)
- Memorial Day closings (KNS News)
- Departing UT vice chancellor wrote of 'intolerable situation' in internal email day before announcing resignation (KNS News)
Local TV News
- Developer to sell off antiques from Alexander Inn ahead of renovations (WATE)
- Passion for piano spurred a Knoxville man to save one of the city's iconic theatres (WATE)
- Knox County deputies search for violent sex offender (WATE)
- Horse Haven takes in 6 abused horses from repeat offenders (WATE)
- Harriman site named as a Superfund site by EPA (WATE)
- Knoxville's downtown library closed through Tuesday (WBIR)
- USA Today: Neyland Stadium has one of sport's most unique fields (WBIR)
- In case you missed it: Wednesday's Final Jeopardy (WBIR)
- 2 dead, 2 injured in Bean Station pharmacy shooting (WBIR)
- Knoxville welcomes new "Classic Hits" radio station (WBIR)
- Paving begins on Newfound Gap Road in Smokies (WVLT)
- Knoxville prepares for two weeks of music and movies (WVLT)
State News
- 'Smoking' Alcohol a Dangerous New Trend (ABC24 Memphis)
- Attorney Roy Barnes: Rep. Tyrone Brooks didn’t steal money from groups (Times Free Press)
- Thunderstorms slow Oklahoma tornado cleanup (Times Free Press)
- Chattanooga: Hazlett Lewis Bieter merges with Atlanta firm (Times Free Press)
- Obama: America at 'crossroads' in terror fight (Times Free Press)
- Memphis Officers Named in Suspect's Fatal Shooting (ABC24 Memphis)
- New State Birthday Requirements for Starting Pre-K, Kindergarten (ABC24 Memphis)
- Elon leaving SoCon for CAA (Times Free Press)
- Memphis Grizzlies Playoffs Game 3 to be Shown on Big Screens Downtown (ABC24 Memphis)
- Ark. Highway Officials Explore Toll on I-40 (ABC24 Memphis)
- Rep. Scott DesJarlais pays $500 fine on complaints against him (Tennessean)
- 2 teens accused of stabbing man at Spring Hill shopping center (Tennessean)
Wire Reports
- Icahn seeks up to $7 billion for Dell bid (Yahoo Business)
- Google faces new federal antitrust probe: source (Yahoo Business)
- Gap profit soars; Aeropostale first quarter sales plummet (Yahoo Business)
- Wall Street sags, but ends off session lows; HP hits 52-week high (Yahoo Business)
- Amid heckling, Obama defends drone strikes, vows to close Guantanamo (Yahoo Politics)
- Gun groups sue to block new Connecticut gun law (Yahoo News)
- Code Pink activist Medea Benjamin heckles Obama (Yahoo Politics)
- SAC lawyers met with prosecutors to argue against charges: sources (Yahoo Business)
- Anthony Weiner logo appears to feature Pittsburgh skyline (Yahoo Politics)
- Father of Chechen shot by FBI suspects son was tortured (Yahoo News)
- ‘Extremely active’ 2013 hurricane season expected (Yahoo News)
- Volunteers rescue photos from Oklahoma tornado debris (Yahoo News)
- Boy Scouts of America set to vote on gay youth ban (Yahoo News)
- Anthony Weiner courts NYC voters: ‘It’s a second-chance city, man!’ (Yahoo Politics)
- How many students from your school take out loans? (Yahoo Politics)
Site Statistics
- Posts: 26
- Comments: 171
- Visits: 10,710
- Pageviews: 19,931
- Posts: 99
- Comments: 933
- Visits: 39,761
- Pageviews: 78,977
Popular today
Popular this week
TN Progressive
- BlountViews
- Cup of Joe Powell
- Jamie Hollin
- Left Wing Cracker
- Newscoma
- Out of the Blue
- RoaneViews
- Sean Braisted
- Southern Beale
- TN Citizen Action
- Tiny Cat Pants
- TN Guerilla Women
- TN Values Authority
- Vibinc
- View From My Kitchen Table
- WhitesCreek Journal
Nearby:
- AC Entertainment
- Agrarian Urbanite
- Big Good Thing
- Blount Dems
- Bottom Line
- Craig Thomas
- Daily Pulse
- David Oatney
- Discover ET
- Domestic Psychology
- Ellen Smith
- Fletch
- Gerald Witt
- Frank Murphy
- Home/Work
- Instapundit
- Jack Lail
- Jack McElroy
- Jim Stovall
- Julie Apple
- Knox Dems
- KnoxBlab
- Knoxify
- Knoxvillager
- Les Jones
- Lynn Point Records
- MamaPundit
- Michael Silence
- Mike Donila
- MoxCarm Blue Streak
- Mushy's Moochings
- Outdoor Knoxville
- P.E.N. Studio
- People for the Planet
- Pittman Properties
- Political Leverage
- Property Scope
- Reality Me
- Rikki Hall
- Rob Huddleston
- School Matters
- Stacey Campfield
- Stop Alcoa Parkway
- Stuck inside Knoxville
- Suzy Trotta
- Tom Humphrey
- Tri Cities
Beyond:
- Andy Axel
- Daily Docket
- Democratic Talk Radio
- Enclave
- Ginger Snaps
- Pith in the Wind
- Post Politics
- Quiet Life
- Smart City Memphis
- TN Dems
- TN Ticket
- TN Trivia
- TN Women's Caucus
- Bob Stepno
- Facing South
- Lovable Liberal
- Newsrack
- Wandering Hillbilly
At large:
- Agonist
- Alterdestiny
- Atrios
- Burnt Orange Report
- Buzzflash
- College Dems
- Common Cause
- Crooks and Liars
- Daily Kos
- Democratic Strategist
- Democrats.org
- Digby's Hullabaloo
- Ezra Klein
- The Fix
- Huffington Post
- Liberal Oasis
- Media Matters
- MyDD
- Open Secrets
- Pam's House Blend
- Political Wire
- Politico
- Progressive States
- Seeing the Forest
- Skippy the Bush Kangaroo
- Suburban Guerrilla
- Talk Left
- Talking Points Memo
- Think Progress
- Truthdig
- Truthout

Good rant. But, the Supreme
Good rant. But, the Supreme Court says a) 2nd amendment conveys an individual right, and b) local governments (well, at least the District of Columbia, which is a sort of nebulous jurisdiction) may regulate but not ban firearms.
See: DISTRICT OF COLUMBIA et al. v. HELLER
Handgun ban in Illinois
The court also gave a township in Illinois the right to ban handguns.
Knoxville's position is somewhat unique (and I might add untested in the courts) because the Tennessee constitution defines fairly precisely the state militia (it can be reasonably argued that unless one is a conscientious objector one there is an expectation from the state that one is armed) as well as the terms of being a conscientious objector.
Because of our unique position as home of the state's land grant university as well as our being a major provider of medical services for the region our local government would likely be recognized and possibly granted additional powers of regulation should it opt out of the state militia system. This, of course is a hypothetical argument, as I doubt the will exists in council or commission to propose such a thing.
D.C.'s power to regulate would fall, at least partly to congress, and I'm not sure how exactly that would relate to Tennessee. It's hard to extend a D.C. ruling across the nation because of the unique governing circumstances surrounding its existence.
That all being said here is a partial list of 2nd amendment rulings.
(link...)
Much like the Bible, one can stroll through the various rulings and make many different conclusions. If I get a wild hair I'll look through my notes on my old radio show and see If I can find the various cases that I brought to the table then.
When I tried to google the handgun ban in Illinois Supreme Court ruling , all I got was the new case on concealed weapons that hasn't been heard yet. As I said, the key to change is opening a rational debate, so I wouldn't actually call the essay a rant. Granted, it's been about twelve years since I visited the topic at an in depth level, but it's a far deeper topic at a constitutional level than your basic gun nut would lead you to believe.
Point of correction on my post.
I was thinking of the Illinois ruling banning handguns from a township near Chicago, but you would be correct, I think, that a gun ban, would likely not extend to all citizens or weapons.
I've corrected my original post to indicate thus.
"2nd amendment conveys an individual right,"
This a point gun nuts pound on. The constitution does not give you the right to target shoot. It does not give you the right to hunt. It does not give you the right to participate in sporting clays competition. And it does not give you the right to own the gun as an individual for an individual purpose.
It gives an individual the right to own a weapon as a part of a militia in order to secure his or her collective group's freedom.
In Tennessee, all citizens , except conscientious objectors, are recognized as part of our state's militia. As a result, there is a reasonable expectation by the state, and it's citizens, that all citizens are armed. Perhaps it's time to broaden those disqualified by the state, and regulate their access.
Like it or not, I'm pretty
Like it or not, I'm pretty sure the Supreme Court disagreed.
D.C. /Heller
It will be interesting to see how this ruling holds as the court changes and state's rather than the District's.
If Hillary is elected in 2016, I would look to this ruling to be reviewed and , at least, narrowed considerably. The court ruled independently. It did not adhere to the constitution.
You are correct though. In my defense, I last argued this topic in an in depth manner over a decade ago, before the ruling. It just goes to show how quickly stacking a court can change the landscape of a nation.
It just goes to show how
It just goes to show how quickly stacking a court can change the landscape of a nation.
Yep, for good or ill.
The decision
I'm reading Scalia's opinion now
(link...)
And the more I read, the harder it is for me to believe that it will hold in the long run. It appears that he took it upon himself to make a broad sweeping change in the landscape of this amendment far beyond the scope of the original lawsuit. In other words,this is not likely to be another U.S. vs. Cruikshank et al. .
What Scalia's opinion in Heller did, was legitimize, indeed guarantee that killers such as the one recently in Connecticut had access to both weapons and victims.
He did so by cross referencing texts from 150 years of academic treatise with a bit here and a piece there to support an opinion that defies logic and reason. It doesn't hold if you apply reference in a consistent manner from one part of his argument to another. In other words, this decision is a blatant abuse of power consistent with the courts recent history of nonsensical decisions based on a political philosophy rather than the rule of law.
Since I am the only person on
Since I am the only person on this forum who knows Hillary, please listen when I saw that if she says she has no intention to run in 2016 that she indeed has no intention to run in 2016. Take her word for it. I'm not the only person who has know her for 30+ years who believes this, I'm just the only one y'all know. Also check out recent writings by Ron Fournier of National Journal, who has covered her since early 1980s, first for Arkansas Democrat, then for Associated Press, then National Journal.
Are you best buddies with
Are you best buddies with her? Do you two chat over coffee in the morning about world politics and her future plans? Do you swap xmas presents? Im so excited that I know someone ..."who knows her..."!
Are you delusional?
Do you feel an overwhelming need to brag and make up stories in hopes of being accepted by strangers on the intertubes?
Do you have an overinflated sense of self worth?
A gentle reminder
This is meant as a civil discussion. It is extremely difficult after an event like the one that occurred Friday to have an intellectual discussion about the rules and morays of a society in which senseless violence has become commonplace.
If Ms. Clinton chooses to put personal desire above civic duty she has certainly earned that right.
Who am I, or you, to judge who she shares that information with?
Thank you for your co-operation.
I am not delusional. However,
I am not delusional. However, I do know her and conversed with her regularly from 1983-1992. And both she and Bill and I have sent messages back and forth through mutual friends and relations since then.
I know her well enough to have a sense of who she is and how she reacts to matters. No, I'm not trying to be important. Frankly, I've just grown weary of people saying that she's going to run in 2016, when all of her indications are otherwise. Listen to her. That's all. I'm giving you reasons why I think you should pay attention to her.
1992?
Maybe not delusional, but seemingly over nostalgic.
6 degrees of Hillary
I am confident this statement is incorrect. 100 percent.
In my frustration with the
In my frustration with the folks who are overly eager for her to run in 2016, I broke the hedge-your-bets rule.
How's this: Since I am probably the only person on this forum...
In the six-degrees game, however, I usually win because for seven years of my life, I badgered Bill Clinton almost daily. For personal reasons, the timing wasn't best for me to go to DC.
Is it possible that the lack
Is it possible that the lack of mental health care is an issue here,all these tragedies are connected by people with no basic emotion,do we have deranged people wandering around waiting to go off?What can be done to get to these people before they snap.I m not trying to defend guns,if banning these assault weapons is the solution-do it,but to focus solely on guns would be to ignore a large part of the problem,which seems to be lack of mental health care.Something must change after this.
Lack of mental health care
Lack of mental health care is a huge part of the issue, and every bit the conundrum that gun control is. For instance, "How do we identify the mentally ill that are a threat to society without violating their HIPPA right?"
The key to change is first instigating a rational civil discourse.
The same way we regulate NFA weapons
If the National Firearms Act doesn't violate the Second Amendment, then any other restrictions we place on, say, assault weapons extra capacity magazines, etc would be constitutional as well. Don't write laws that affect every kind of gun.
Allow for, say, owner ship of a handgun, a bolt-action (hunting) rifle, and a shotgun to any individual without restriction. Want an AR-15? Want a 33-round mag for that Glock? Want a bulletproof vest? Well, now you fall into a new category, where a mandatory psych evaluation is performed before purchase and annually thereafter. And you get to pay for the psych evaluation, by the way. Got other adults in your home? They need to pass evaluations as well, unless you prove you have a gun safe and certify that you lock up the guns every day.
This isn't that hard, folks. If the NRA and Faux News wants to make the issue about mental health, fine, let's weld the mental health issue to gun licensing.
NFA
I'm not sure how the National Firearms Act would fare under this court. McDonald and Heller both appear to defy logic and make huge presumptive jumps from what is written in the constitution and previous rulings and what this court wants this stuff to say and mean.
It's scary.
to focus solely on guns would
to focus solely on guns would be to ignore a large part of the problem,which seems to be lack of mental health care.
Yes. Even focusing on the type of guns and accessories (assault weapons, large-capacity magazines, etc.) won't prevent gun violence. It might reduce the body count, but one is too many so it is probably worthwhile anyway.
seems obvious that this is a
seems obvious that this is a chemical problem-I d love to see the correlation between the explosion of antidepressant medications and rise of suicide and/or mayhem type mass murder.
More specifically
I'd like to see the killer's chemical dependence and use histories. The bigger picture that we may be becoming a society whose behavior is controlled by pharmaceutical companies is valid in general and certainly valid when considering an individuals right to own a firearm.
Obviously D.C. vs. Heller will have to be revisited.
Anti-depressants work if
Anti-depressants work if prescribed for depression, not for "I am sad" or "I am psychotic."
Well......
If what you mean is that, "Often anti-depressants appear to show positive short term results and should receive cautious consideration as a course of monitored treatment after detailed diagnosis." I would tend to agree with you.
I think they are over-prescibed and often only monitored after negative side effects begin to show. This is probably a discussion more suited for a health care thread though.
Clinical depression is a very
Clinical depression is a very specific diagnosis. If you are diagnosed with it, it is completely controllable with effort on your part, medications such as SSRIs, and therapy. It is not "curable," but controllable. As a sufferer myself, I can tell you that when I told my newest medical practitioner after our move that I had managed to do the things I have done viz my work and family life, he pointed to the combination of all those factors as to why.
The medicines are over-prescribed, but they are not over-prescribed for depression, which is NOT just merely being "sad." Don't confuse the practices of bad doctors with a problem with the drugs.
I'm with you on this one,
I'm with you on this one, Toby. The mentally ill have been given the ability to function with these medications. And with proper supervision they can live normal life. It is when they are given to people who don't have true mental illness that there is a problem, in my humble opinion.
Agreed
That being said, I found that in the course of breaking tobacco addiction that various drugs have powerful side effects. Given the proper circumstances, they may well have positive results, but there are quite a few doctors writing prescriptions on a trial and error basis.
Many are also easily obtained via the internet. I do not advocate withholding these drugs from those that need them, indeed, I would submit that people not having access to these drugs is likely as big a problem, if not bigger, than their over-presciption, I would venture that their misuse can be traced to anti-social behavior.
Frankly, it's all the more reason to have a universal health-care system.
(link...)
(link...)
Another interesting wrinkle
Another interesting wrinkle re. jurisdiction. Federal law relies on the constitutional regulation of interstate commerce to regulate firearms. Gun fetishists are testing a theory that guns produced in a state and purchased in that state by a resident of the state are therefore not subject to federal regulation. In fact, I believe someone introduced legislation in Tennessee saying as much, on behalf of a gun manufacturer in the state if I'm not mistaken. Don't recall if it passed or not.
And just for the record......
(link...)
I agree with Justice Stevens.
supreme court decisions
The truly relevant Supreme Court decision wasn't Heller, which only applied to federal laws. It was McDonald v. Chicago in 2010. It was that decision that "incorporated" the 2nd Amendment. Prior to McDonald, the 2nd Amendment did not apply to the states (despite the rhetoric from some quarters). McDonald established that the 2nd Amendment does apply to the states (most, if not all of which, have the right to bear arms listed in their own constitutions anyway). And it established (or recognized) self-defense as a basic right. McDonald does allow reasonable gun control laws, but state and local governments cannot violate the rights of individuals to keep and bear arms.
McDonald vs. Chicago
(link...)
Here's a link to that ruling. You make an interesting point that McDonald is more relevant than Hellers, but upon perusal of the McDonald decision, it appears that the courts wasted no time in changing the constitutional view of which weapons individuals access to and the variety of legitimate purposes they were allowed for based upon building upon the Heller ruling.(pardon my sentence structure. I've been reading Alito.)
The more I read, the more disturbing I find the Supreme Courts active role in placing guns in the hands of lunatics. These rulings have become an undoing of years of common sense rulings that recognized that there needed to be certain common sense regulations when dealing with gun ownership. This current Supreme Court has taken it upon themselves, in a series of 5-4 ruling to literally rewrite the constitution to fit their own version of what they want the U.S. to be. (See Scalia's opinion in Heller).
I had no idea until today of the real damage this court was doing to the fabric of American rule of law. Their actions were nothing but a pre-facto endorsement of future gun crimes by anyone not previously convicted of a crime. Their rulings effectively prevent any regulation of firearms relating to the future commission of violence. Our entire national and local policy now boils down to, "Make sure you can shoot back."
Heller and McDonald
If you will forgive the analogy, Heller was the warning shot; McDonald was the one that hit the target. McDonald fundamentally changed how the 2nd Amendment is applied to gun control laws all across the country. I predict its impact on state and local gun laws will be similar to the impact of Roe v. Wade on state abortion statutes. Still, in McDonald the court said state and local governments could pass reasonable gun control laws. Defining "reasonable," of course, will require more legal decisions. Funny thing is, it is a decision rooted in the "living constitution" philosophy of law, not the "original intent" camp.
The Chris Rock solution
Chris Rock makes a joke about taxing bullets at $1 million a piece. "That MFer ain't worth it." It is within in the power of the federal government to tax, though I don't think they should tax guns. They should tax ammunition at the point of sale and the equipment and the production of ammunition, from the scale of the firm to the enthusiast in the basement. For the enthusiast, there would be a one time exemption each year for the first X number of rounds, for which you would not have to have a tax stamp, after that X -- meant to protect hunters -- you would have to produce the stamp.
A gun is worthless without ammunition. Sure there would be hoarding, but, as long as the tax is paid, you are fine.
Irony here
These rulings effectively destroy the concept of a local militia defense system since, without the ability to regulate and discipline within its ranks, there is no militia. It is only a bunch of anarchists with a grudging agreement not to open fire on each other. In his attempt to redefine the constitution, Scalia is effectively destroying it.
Sorry to change the subject,
Sorry to change the subject, but as Michael Moore effectively (IMO) argued in Bowling for Columbine, it's not about guns. It's about the alienation built into the political/economic system. Chomsky said it (again) this week. I've never considered him a socialist, but logic leads him to the following conclusion, just as logic led MLK Jr. to criticize the Vietnam war.
I like what (Paul Krugman's) doing and I think what he's proposing is fine, but it's not going to overcome the fundamental defects. That's only one defect of market systems. Another one is what it does to people. I mean, market systems turn you into a sociopath - you're out there for yourself, and you don't give a damn about anyone else. That's a market system. That itself is destructive.
Michael Moore on violence
AMY GOODMAN: We turn now to the Oscar-winning filmmaker Michael Moore, who won that award for his 2002 documentary, Bowling for Columbine, about gun violence in the United States. On Friday night, Michael Moore appeared at the Bring Leonard Peltier Home 2012 event at the Beacon Theatre here in New York City, speaking just hours after the Sandy Hook Elementary School massacre.
MICHAEL MOORE: Earlier today, a crazy man went to an elementary school and attacked 22 children in China. A few hours before Connecticut, an elementary school was attacked in China by an insane man, and 22 children were his victims. But all he had was a knife. Total number of dead in the Chinese elementary school? Zero.
I hope you don’t mind, but I’d like to just say a few words about what happened today, because I’ve been concerned about this issue for a long time. Yes, we need more gun control. Yes, we need free mental health services in this country. But I really believe that even if we had better gun control laws and better mental health, that we would still be the sort of sick and twisted, violent people that we’ve been for hundreds of years, that it’s something that’s just in our craw, just in our DNA. And to get that out of our DNA is going to take a lot more than passing a bill in Albany or D.C. That’s not going to do it.
And, you know, other countries, I mean, they have their crazy people, and they have people that—there have been shootings and killings in Norway, in France and in Germany. But there haven’t been 61 mass killings like there have been in this country just since Columbine. Sixty-one mass shootings in this country. I like to say that I sort of agree with the NRA when they say, "Guns don’t kill people, people kill people," except I would just modify that a bit and say, "Guns don’t kill people, Americans kill people," because that’s what we do. We invade countries. We send drones in to kill civilians. We’ve got five wars going on right now where our soldiers are killing people—I mean, five that we know of. We are on the short list of illustrious countries who have the death penalty. We believe it’s OK to kill you when you’ve committed a crime.
And then we have all the other forms of violence in this country that we don’t really call violence, but they are acts of violence. When you—when you make sure that 50 million people don’t have health insurance in your country and that, according to the congressional study that was done, 44,000 people a year die in America for the simple reason that they don’t have health insurance, that’s a form of murder. That murder is being committed by the insurance companies. When you evict millions of peoples—millions of people from their homes, that’s an act of violence. That’s called a home invasion.
All the wrong people are in prison in this country. I can’t believe we’re just standing blocks away from the biggest criminal operation that this country has ever seen, right down that street, and not one of them has gone to prison for what they’ve done. When you have eliminated so many millions of jobs, when you’ve ruined communities like mine, Flint, Michigan, you have killed people, because—because having seen firsthand the effects of these corporate decisions—the alcoholism, the drug abuse, divorce, suicide, all the social problems that go along with this act of violence—but we don’t call it violence, and no one’s ever arrested for it—I think it’s a real shame. And frankly, as an American, this is not how I want to be remembered.
AMY GOODMAN: Michael Moore, the Oscar-winning filmmaker, won the Academy Award for Bowling for Columbine after the Columbine massacre, speaking on Friday night just hours after the—after the massacre in Connecticut. Special thanks to filmmaker Lorna Tucker, who’s currently working on a documentary with the working title Leonard Peltier: An American Prisoner.
Changing subjects
I think Chomsky's remark is apropos, especially in light of Scalia's rulings and opinions.
"We have met the enemy and he is us."- Pogo
I've been amazed to see the
I've been amazed to see the gun lovers introducing the Chinese knife attack into this discussion to bolster the tired old "guns don't kill people" argument, ignoring the fact that none of the Chinese children were killed.
And the next time somebody tells me this isn't the time to discuss doing something about gun violence I will probably puke.
Amazement
What got me was the inference that because he didn't go beyond the limited scope of the case in front of him, Scalia had left all other gun laws on the books and there was order within our justice department.
After reading the two rulings I'm convinced that Scalia's intent and purpose is to remove all semblance of order and rule of law from gun ownership.
He just needs a bit of time to work his magic.
Scalia, Thomas, Alito and
Scalia, Thomas, Alito and probably Roberts are going to make history as the most "activist" justices ever – putting Douglas, Marshall and anybody Roosevelt appointed in the shade. Corporations are people, my friend, and Sheldon Adelson was simply exercising his right to free speech.
Post new comment