Posted on 04/16/2009 11:15:59 AM PDT by smokingfrog
Legislation allowing concealed handguns on state campuses has incited passionate debate at UT. This battle has been ongoing since the founding fathers guaranteed “the right to bear arms” in the Bill of Rights.
In protest of a new bill, UT students and faculty, will walk out of classes today at 11:30 a.m. and march to the steps of the Texas Capitol against guns on college campuses.
Today marks the second anniversary of the shooting at Virginia Tech.
Several constitutional law professors across the country, however, are debating this issue in light of the rights listed in the U.S. Constitution. In 2008, the U.S. Supreme Court ruled in District of Columbia v. Heller that the Second Amendment protects the individual right to possess a firearm unconnected with service in the militia, but the question remains whether or not this right applies to the states.
Raymond Kessler, a criminal justice professor at Sul Ross State University, said the Heller case attempted to clarify the meaning of the Second Amendment and that the focus of the court’s opinion was on arms for self-defense.
“Like all constitutional rights, this right is not absolute,” Kessler said. “Whether the amendment applies against state governments is currently an open question. Thus, at this point, the amendment has no effect on state legislation.”
He said the court failed to clearly specify the standard of review to be used in Second Amendment cases when an individual challenges a law.
“The Second Amendment, like most of the parts of the Bill of Rights, should apply against the states,” Kessler said. “Further, I believe the Second Amendment should trigger the highest level of scrutiny, requiring government to provide strong justification.”
(Excerpt) Read more at dailytexanonline.com ...
Will the faculty be refunding their pay to students and taxpayers today?
Your tax dollars at work.
If our enumerated constitutional Rights are not absolute, then where from come the protections to “abortion on demand” and “sex/marriage” with anyone of any sex you choose?
Tell me Mr. Kessler, does the 5th Amendment apply to the States? How about the 8th Amendment? How about the 1st Amendment? Do any of those 'apply' to the States?
People like Mr. Kessler need a good old fashioned Texas ass-kicking...
L
Mr. Kessler either hasn't read Heller or he's lying. Scalia was crystal clear about the 'standard of review'.
Say it after me Mr. Kessler..."strict scrutiny".
L
Don’t let the door hit ya . . . . You needn’t come back either.
Will there also be a candle light memorial tonight on campus for Charles Whitman?
Today, those armed citizens would be committing a crime.
The protesters are doubtlessly unaware that armed citizens who returned fire after Whitman began sniping probably saved a number of lives.
The ‘logic’ of libs is just indescribable. They dont want law abiding citizens to carry on campus b/c theyd feel unsafe. Yet they are completely silent about crinimals who bring their guns on campus to commit murders/robberies. Whats wrong w/ their minds...its beyond understanding.
Students are free to attend classes or not. Although, they are also responsible for any material they may have missed in the class of non walkout professor.
I'm sure my daughter, who is both a grad student and an instructor at UT, did not walk out on her classes, regardless of how she might feel about the issue.. but she is MY daughter, the wife of a gun (rifle, pistol and shotgun) owner as well), and has been a shooter herself, alhtough not recently AFAIK.
As to the professors who did walk out.. fire 'em, tenured or not.
Uh, he did: That is he said such was his opinion.
“The Second Amendment, like most of the parts of the Bill of Rights, should apply against the states,” Kessler said. “Further, I believe the Second Amendment should trigger the highest level of scrutiny, requiring government to provide strong justification.”.
He was opining on the state of the law, which has not yet been tested against the states. But it will be soon. Not all of the Bill of Rights has been held against the states, because of the bogus doctrine of "selective encorporation", via the due process clause of the 14th amendment, rather than apply the "priveleges and immunities" clause as intended by the authors of the 14th.
I thought SWAT came into being after that debacle in New Orleans in 1972 or 73 in which a black man with a Ruger Deer slayer .44 mag rifle shot several cops then barricaded himself in the top of an elevator shaft. I saw the storming of it on Live TV.
Darnit, we just want to be killed like normal people!
I thought that the organization called Students for Concealed Carry were having their annual “empty holster” week this next week...
I thought it might be neat to counter the walkout by standing around with empty holsters and eventually congregating at the foot of the clock tower...
But, it might be better not to politicize the tragedy of VT ourselves, but let those who oppose our right to keep and bear arms do so...
We should see if SCCC decides to elevate the message next week...
Should be interesting...
BTW, anyone know who the UT SCCC campus coordinator is???
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