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Miers on the Right to Keep and Bear Arms
The Volokh Conspiracy (law blog) ^ | 3 Oct 05 | David Kopel

Posted on 10/03/2005 4:44:43 PM PDT by MikeJ

[...]

"How does a free society prevent" such crimes, she asked. She then explained:

The same liberties that ensure a free society make the innocent vulnerable to those who prevent rights and privileges and commit senseless and cruel acts. Those precious liberties include free speech, freedom to assemble, freedom of liberties, access to public places, the right to bear arms and freedom from constant surveillance. We are not willing to sacrifice these rights because of the acts of maniacs.

Miers, however, rejected the notion that "precious liberties", including "the right to bear arms," should be sacrificed in the name of crime prevention. Quite obviously, she was referring to the "right to bear arms" as an individual right.

[...]

(Excerpt) Read more at volokh.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: banglist; cnim; guns; miers; rkba; second
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To: inquest

Just saw your post. We saw the same chink in the armor, I think.


21 posted on 10/03/2005 5:18:34 PM PDT by JCEccles
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To: JCEccles

Ha, yeah, it was the "lack of self-esteem" that caught me eye, as well. Bad sign, there.


22 posted on 10/03/2005 5:20:23 PM PDT by aBootes
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To: MichaelP
MichaelP wrote:
Where did she make this quote?





Harriet Miers wrote an article in the 'Texas Lawyer' June 27, 1992, while she was president of the State Bar of Texas.
The piece was written in the wake of a shooting spree in a Fort Worth court that left two lawyers and two judges dead.

Some excerpts from her piece:


" -- How does a free society prevent a man from climbing to the top of a tower on a university campus and randomly killing whoever is in sight?
How does a free society prevent a man from driving a truck into a cafeteria and executing patrons? How does a free society prevent a man from entering a courtroom and opening fire?

We are loath to hear the answer to these questions as it comes from our lips, because the suggested solutions usually infringe on precious, constitutionally guaranteed freedoms.
The same liberties that ensure a free society make the innocent vulnerable to those who prevent rights and privileges and commit senseless and cruel acts.

Those precious liberties include free speech, freedom to assemble, freedom of liberties, access to public places, the right to bear arms and freedom from constant surveillance.
We are not willing to sacrifice these rights because of the acts of maniacs.
...


... The hearings also underscored that the lack of resources in some areas of the state not only has a dramatic impact on the courts' performance of all of their obligations, but also unduly burdens the ability of lawyers to maintain a private practice. Lawyers must, in the interest of the administration of justice, be aggressive advocates for increasing the resources available for the representation of indigent defendants.

Additionally, we are reminded that success in fighting crime in our nation is more than treating symptoms. We will be successful in solving our massive crime problems only when we attack the root causes. All of us, men and women, young and old, must pledge ourselves to address the ills that surround us in our communities.

We all can be active in some way to address the social issues that foster criminal behavior, such as: lack of self-esteem or hope in some segments of our society, poverty, lack of health care (particularly mental health care), lack of education, and family dysfunction. -- "
23 posted on 10/03/2005 5:20:25 PM PDT by faireturn
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To: JCEccles

Of course we have to address the "root causes" (fatherless homes, unlimited welfare, etc)...but when politicians use the phrase, it's usually code for "Spend more money."


24 posted on 10/03/2005 5:21:38 PM PDT by Sometimes A River ("The leaves have broken on Lake Ponktran" - WKAT 1360 AM Miami Newsreader)
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To: inquest

By the way, I'm still on the fence with this nomination. From what I hear, she sounds like the type of person I would have much in common with... but I have no background to infer how she might interpret cases before the court.


25 posted on 10/03/2005 5:23:52 PM PDT by ken in texas
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To: inquest

>> She'll probably rubber-stamp every WOT executive decision he wants to make. The question is whether the choice will be good for the country.

Paranoia is healthy when kept in check with reality.

The executive will act as his/her power can be projected regardless of any court.

If the WOT scares you now, wait until the rats get control of the agencies administering these new laws.


26 posted on 10/03/2005 5:24:18 PM PDT by mmercier
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To: inquest

Lack of self-esteem? Holy mackerel. Criminals have altogether too much self-esteem. That's why they believe that they can take stuff from others.

She's a lib on crime. She's a lib on education. She's a lib on the gay agenda, including gay "marriage" and gays in the military (she's the one who preserved Clinton administration policies in the Bush era). She's donated big to libs up until 1992.

Do you think she's really anything but a lib on guns?

Not to mention, the only distinctions she brings to the job are: 1. She's a female, a qualification she shares equally with over 160 million other Americans, and 2. She's a Bush crony, a qualification she shares with a whole bunch of people who have been promoted miles beyond their ability -- think Julie Myers, the 20-something bimbo Bush is trying to put at the head of the wreck he's made of Immigration and Customs Enforcement.

This woman is the most unqualified nominee since Abe Fortas (and yes, that means she was more unqualified than Carswell).

Bush must not care if he does his last two years with a Democratic House. I mean, why should Republicans turn out and vote for alleged members of their party when the only difference in parties anymore is whose cronies get the patronage?

Unqualified. Utterly unqualified.

d.o.l.

Criminal Number 18F


27 posted on 10/03/2005 5:24:37 PM PDT by Criminal Number 18F
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To: MarcusTulliusCicero

1, 4, 5, and 14 are alive and well, if you are a corporation.


28 posted on 10/03/2005 5:26:40 PM PDT by RightWhale (Repeal the law of the excluded middle)
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To: MarcusTulliusCicero

Wasn't Alberto Gonzales the White House counsel when CFR was signed by the President?


29 posted on 10/03/2005 5:26:45 PM PDT by OldFriend (One Man With Courage Makes a Majority ~ Andrew Jackson)
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To: MikeJ

Yaaaahoooo: "the right to bear arms" enough to get my SUPPORT:-)


30 posted on 10/03/2005 5:26:58 PM PDT by geo40xyz
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To: MikeJ
Must admit her support of the 2nd Amendment warms the cockles of my heart...However, like the others noted, "The lack of self esteem utterance gives me pause...
31 posted on 10/03/2005 5:27:25 PM PDT by JDoutrider
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To: MikeJ
The day I can walk into Wal-Mart to buy a PKM with cash no questions asked is the day the second amendment is restored.


32 posted on 10/03/2005 5:34:43 PM PDT by Conservative Firster
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To: All
I'm about to make a comment that will really cause Miers' defenders to screw themselves into the ceiling. If these words are an accurate peek into Miers' mind, it is not an impressive spectacle. She uses the fuzzy, imprecise, and lightweight phraseology of a social worker. I get the sense that she doesn't really connect with her ideas and express them so much as she vaguely senses their outlines and emotes them.

I had initial reservations about Roberts too, but when I read his opinions I was left with no doubts that he thinks powerfully and exactly, expresses himself with concomitant eloquence, and can strictly segregate his emotions from the facts and law before him. These traits suggest to me that Roberts cannot be co-opted, browbeaten, deceived, or shamed into submission by a more powerful and devious mind on the left.

I obtain no such similar assurance from reading Miers' words.

33 posted on 10/03/2005 5:43:15 PM PDT by JCEccles
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To: inquest

Agreed

I've read some things about Mier that is like but this "self esteem" statement about criminality and it's causes really bothered me this morning when I first read it. That is nothing but muddle headed psycho-babble and attempting to blame shift from the criminal to society in general. Criminals are criminals because they don't respect their fellow man and the blame should be laid at no one else's feet.

I just hope that statement is not a true indicator of her judicial temperment.


34 posted on 10/03/2005 5:58:37 PM PDT by bereanway
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To: MikeJ
How many bad people has Bush picked?

We've got Cheney, Rumsfeld, Rice, and others that I think are pretty d@mn good people. Ok, the FEMA guy maybe could have been better, but I really think he just had bad luck.

We know Roberts is a genius, even if we don't really know what he thinks.

If Bush does anything right, it's pick people to work for him. I'll give him the benefit of the doubt on Miers.

35 posted on 10/03/2005 6:00:36 PM PDT by narby
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To: mmercier
The executive will act as his/her power can be projected regardless of any court.

He'd defy the court? Not unless he wants to see some big trouble coming down.

36 posted on 10/03/2005 6:01:25 PM PDT by inquest (FTAA delenda est)
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To: JCEccles

The devil is in the details. Kerry was for the RKBA too. So is Sarah Brady. But their ideas of what constitutes the RKBA and what the Founders meant differ significantly. The Brady Boob wants to institute a federally-mandated needs based licensing system for gun ownership. Such a scheme does not in itself negate the 2nd - it merely places extreme obstacles in the way of exercising it. That is more or less what a lib means when he/she says that "I support the RKBA." That's a far cry from the individual absolute right to own firearms free of government interference. Miers needs to be asked exactly what she thinks the 2nd means......and then held to a standard that does not reek of BS.


37 posted on 10/03/2005 6:02:12 PM PDT by 45Auto (Big holes are (almost) always better.)
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To: mmercier
I think George Bush is going to walk away with this one out of sheer tactical brilliance.

It would not be the first time. Bush knows this woman well, better than some of the people on this site who are calling him a RINO; I trust him. I do not think he would knowingly violate a pledge as integral to his campaign as he made SCOTUS nominations.

38 posted on 10/03/2005 6:12:33 PM PDT by Friend of thunder (No sane person wants war, but oppressors want oppression.)
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To: MikeJ

In that case - count me as supporting our new SCOTUS member whole-heartedly!


39 posted on 10/03/2005 6:13:26 PM PDT by neutrino (Globalization “is the economic treason that dare not speak its name.” (173))
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To: MikeJ

That is the best news I've seen about her so far.


40 posted on 10/03/2005 6:14:36 PM PDT by wardaddy (stealth schmealth)
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