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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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A bright moment in an otherwise dreary day...
1 posted on 10/03/2005 4:44:49 PM PDT by MikeJ
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To: MikeJ
Where did she make this quote?

Mike

2 posted on 10/03/2005 4:47:11 PM PDT by MichaelP (To win, one must risk loss.......)
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To: MikeJ

All I ask, Lord, All I ask is protection for the Second amendment; it's the one that protects all the others.


3 posted on 10/03/2005 4:47:46 PM PDT by RedStateRocker (Better to be judged by 12 than carried by 6)
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To: MikeJ

Well hopefully Bush is putting one over on the Democrats and not his conservative base.


4 posted on 10/03/2005 4:48:53 PM PDT by Always Right
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To: MichaelP

"a 1992 article she wrote for the Texas Lawyer." Follow the link for details.


5 posted on 10/03/2005 4:49:10 PM PDT by MikeJ
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To: MikeJ
That is heartening....

Mike

6 posted on 10/03/2005 4:50:19 PM PDT by MichaelP (To win, one must risk loss.......)
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To: RedStateRocker

I listened to VP Cheney on Rush and he is very high on Miers and since I trust both the President and the Vice President I will keep my powder dry. My first choice was Janice Rogers Brown, but I'll wait and see.


7 posted on 10/03/2005 4:51:07 PM PDT by USS Alaska (Nuke the terrorist savages - In Honor of Standing Wolf)
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To: MikeJ

That's a good start. I'm waiting until the hearing until I say good or bad, but at least RKBA was mentioned.


8 posted on 10/03/2005 4:52:10 PM PDT by Dan from Michigan ("My Gov'nor don't got the answer")
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To: MikeJ
Further down in the article:

She then explained the true solution to crime:

We will be successful in solving our massive crime problems only when we attack the root causes....

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.

No mention of the welfare state being a contributor to the problem. Or lack of discipline.

As for her views on gun rights, officially the Bush administration expresses the same views in the abstract, but refuses to condemn a single gun-control law. So we'll still have to see.

9 posted on 10/03/2005 4:53:13 PM PDT by inquest (FTAA delenda est)
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To: RedStateRocker

Exactly which others are left to protect? The First is gone (thanks in part to that originalist Harriet Miers who was the White House Counsel who must have explained to President Bush why McCain/Feingold Campaign Finance was Constitutional). The Fourth is basically obliterated as are the 5th, 8th, 9th and 10th.


10 posted on 10/03/2005 4:53:55 PM PDT by MarcusTulliusCicero
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To: MikeJ

bang! ping!


11 posted on 10/03/2005 4:54:10 PM PDT by Rakkasan1 (Peace de Resistance! Viva la Paper towels!)
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To: MikeJ

More good news, thanks for posting.


12 posted on 10/03/2005 4:56:20 PM PDT by SeaBiscuit (God Bless all who defend America and Friends, the rest can go to hell.)
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To: MichaelP

The source says the article appeared in Texas Lawyer in 1992, with reference to the earlier Texas Tower shootings.


13 posted on 10/03/2005 5:05:09 PM PDT by Cicero (Marcus Tullius)
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To: MikeJ

I'm for anybody that defends the right to keep and arm bears.


14 posted on 10/03/2005 5:06:39 PM PDT by leadhead (It’s a duty and a responsibility to defeat them. But it's also a pleasure)
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To: USS Alaska
>> My first choice was Janice Rogers Brown, but I'll wait and see.

Mine too. Everyone on this side seems to have wanted a destructive battle royal over this seat.

A point I feel relevant to this nomination from Sun Tzu:

"the skillful leader subdues the enemy's troops without any fighting; he captures their cities without laying siege to them; he overthrows their kingdom without lengthy operations in the field."

Politics is simply war by other methods, I think George Bush is going to walk away with this one out of sheer tactical brilliance.

I only wish she were younger.
15 posted on 10/03/2005 5:08:32 PM PDT by mmercier
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To: MikeJ

"Power comes from the barrel of a gun." Mao. Important thingy to keep in mind,ain't it?


16 posted on 10/03/2005 5:08:39 PM PDT by Waco
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To: MikeJ

What a Souter!!! (/sarc)


17 posted on 10/03/2005 5:10:04 PM PDT by linkinpunk
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To: mmercier
Politics is simply war by other methods, I think George Bush is going to walk away with this one out of sheer tactical brilliance.

I'm sure this pick will be good for him. 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.

18 posted on 10/03/2005 5:12:14 PM PDT by inquest (FTAA delenda est)
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To: MikeJ
Miers goes on to add:

"We will be successful in solving our massive crime problems only when we attack the root causes . . . . 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."

Sounds like a budding social experimenter to me. I immediately distrust anyone who tosses the phrase 'lack of self-esteem' around as if it were the core problem in all of life's evils.

19 posted on 10/03/2005 5:16:02 PM PDT by JCEccles
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To: inquest
No mention of the welfare state being a contributor to the problem. Or lack of discipline.

True, but we should also remember that when one is being interviewed a good rule is to only answer the question without elaborating too fully. Had she slammed some additional things in our society, she would have outraged many others, and perhaps pleased you. :-)

20 posted on 10/03/2005 5:17:35 PM PDT by ken in texas
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