Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Gun Control and the Constitution
Wall Street Journal ^ | February 10, 2013 | DAVID B. RIVKIN JR. And ANDREW M. GROSSMAN

Posted on 02/10/2013 9:46:08 PM PST by neverdem

The courts would no more allow government to undermine the Second Amendment than the First.

Could there be a better illustration of the cultural divide over firearms than the White House photograph of our skeet-shooting president? Clay pigeons are launched into the air, but the president's smoking shotgun is level with the ground. This is not a man who is comfortable around guns. And that goes a long way toward explaining his gun-control agenda.

Lack of informed presidential leadership aside, there is a gulf between those Americans who view guns as invaluable tools for self-defense, both against private wrongdoers and a potentially tyrannical government, and those who regard that concept as hopelessly archaic and even subversive. For them, hunting is the only possible legitimate use of firearms, and gun ownership should be restricted to weapons suited to that purpose.

But while the level of the policy discourse leaves much to be desired, its constitutional dimensions are even more dimly recognized, much less seriously engaged. Yet the debate over guns, as is the case with many other contentious issues in American history, cannot be intelligently pursued without recognizing its constitutional dimensions. The Supreme Court's 2008 decision in Heller v. District of Columbia confirmed that the Second Amendment means what it says: "the right of the people to keep and bear arms shall not be infringed."

After Heller and its follow-on case, McDonald v. Chicago, which applied the Second Amendment rights to the states, what government cannot do is deny the individual interest in self-defense. As a legal matter, that debate is settled.

The president and his allies seem to have missed the message, as demonstrated by his continued insistence that most of the American people, including many hunters, support his proposed gun-control measures. Even if that claim were true, constitutionally protected...

(Excerpt) Read more at online.wsj.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Editorial; Politics/Elections
KEYWORDS: banglist; bhofascism; bloodoftyrants; criminalpresident; democrats; govtabuse; guncontrol; obama; secondamendment; tyranny; youwillnotdisarmus
Navigation: use the links below to view more comments.
first previous 1-2021-4041-43 last
To: Cboldt
This illustrates why the notion that SCOTUS has the final word on what is Constitutional is absurd.

SCOTUS, like the other branches, is part of the Federal Government and has the same motive to preserve and expand its power. And in aggregate, the decision of SCOTUS have expanded the reach of FedGov and diminished liberty at least since Wickard. Thanks in part to them, there is nothing limited about FedGov and a great deal of what it has inserted itself into is certainly not enumerated.

I don't see how anyone can claim with a straight face that the FedGov is a creature of the States rather than their heavy handed master.

41 posted on 02/11/2013 12:02:53 PM PST by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
[ Post Reply | Private Reply | To 40 | View Replies]

To: wardaddy; Joe Brower; Cannoneer No. 4; Criminal Number 18F; Dan from Michigan; Eaker; Jeff Head; ...
Mark Landsbaum: Don't panic about global warming

Baby Talk - Do low fertility rates spell economic collapse?

The War Against Black Men

The Root Cause of Gun Violence

Some noteworthy articles about politics, foreign or military affairs, IMHO, FReepmail me if you want on or off my list.

42 posted on 02/11/2013 12:24:40 PM PST by neverdem ( Xin loi min oi)
[ Post Reply | Private Reply | To 1 | View Replies]

To: neverdem

Thanks for the ping!


43 posted on 02/11/2013 9:41:13 PM PST by Alamo-Girl
[ Post Reply | Private Reply | To 42 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-43 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson