Today's disgraceful display at the Supreme Court regarding the Second Amendment is yet another in a long string of nods by right wing extremists to the form of government American natives have become accustomed to whilst simultaneously dismantling it before their very eyes. There is nothing subtle about the intentions of the second rate legal minds the Republicans (with the help of cowardly Democrats) have installed at the once respected Supreme Court of the United States as it relates to their plans for perverting the Second Amendment. The telegrphed very well what they plan on doing.
Today, the wingnut justices signaled that they will concoct another of their absurd and tortured legal theories for the purpose of deliberately twisting the meaning and intention of the second amendment in order to hand the gun lobby an unwarranted victory and to satiate the unending desire of authoritarian lizard brains all over America to have any and every kind of handgun available to them so as to easily kill friends, neighbors, family members, strangers, or even local officials and policemen at a moments notice.
It is, after all, our clear and unfettered right to own guns is it not? Without being held back or even slowed down by the real purpose and meaning of the amendment, the language clearly reads as the wingnuts witsh it to read precisely because they wish it to be so. Why, under this view of the "right" to bear arms which is an abbreviation after all of the word armaments, their really is no logical end to the breadth of this right is there. The "right" the wingnuts are creating out of thin air is absolute and has no real limits based upon their arguments and thus no armamanent is too dangerous to be kept out of the possession of private citizens with enough money to buy one. Is an AK-47 not covered by the Second Amendment since it clearly qualifies as "arms"? What about a bazooka? Are fully autocmatic machine guns not also arms? One would think that we must also not infringe upon the right of every paranoid nutcase to own hand grenades then or flamethrowers, cluster bombs, land mines and all other arms which it is their right to bear eh?
Ultimately then, are not nuclear weapons arms that a milita might use to protect and defend a free state and if not, why not? I see no language whatsoever limiting this right if the wingnut interpretation of the Second Amendment becomes law. If the right to armaments is as they say then how can we keep anyone at all from owning any type or quantity of arms they wish to possess? Sure, it's insane thinking, but that is exactly the thinking of the NRA, the gun nuts and their right wing enablers on the courts and in the Congress.
It sickens me and most civilized Americans that this idiotic farce is taking place, but this is what you get IMHO when you don't hit the streets and demand free and fair elections when you know damn well a Presidential election has been stolen. This is what you get when you don't do something radical to object to clearly illegal and immoral invasions of other sovereign nations. This is the result you get when you elect cowardly corporate whores with the label "Democrat" to the US Senate who routinely approve cracpot extremists to lifetime appointments on the federal bench. And this is what happens when you are more interested in creature comforts than in maintaining your natural right to liberty, democracy and a free and open society.
The reason this is the sort of thing you get is because those foisting this ruination of our once great country understand full well that no one is really going to do anything effective to stop them from doing as they please. This is the the most perceptive part of the fascist mindset and it is why they have run roughshod over the Constitution and our laws now for the past seven years. Remember the occupation of the Rhineland? Hitler said that had the allies stood up to him at that point he would have had no choice but to back down and would have withdeawn his troops back within the borders of Germany according to treaty obligations. The same principle has been in play here in our country now since 2000. The equivalent for Americans today came when the illegitimate regime came to the legitimate Congress and asked them to authorize a war, the rationale for which, was built on nothing but lies. Had the Democrats refused to let Bush cross tht line, we would not be seeing this sort of brazen trampling of our most treasured Bill of Rights. The complete and deliberate misinterpratation of the second amendment is just one such power grab they are executing simply because they can.
In order not to belabor the point for too long by going over the sophistry of the right wing nutcases on the high court today I will offer as refutation the right wing claptrap arguments a passage from a book called
"The Bill of Rights, It's Origin and Meaning" which was nominated for a National Book Award in 1966. The author is a man named Irving Brant, a renowned biographer of Madison.
So, this bit of wisdom written decades ago in the 1960's speaks volumes to us today in just a short excerpt and provides enough rationale for the courts to have thrown out the challenge to the DC handgun law long ago. What Brant wrote then is completely relevant to the case before the court today and succinctly reveals how utterly false and absurd are the arguments of the right wing regarding the meaning of the Second Amendment.
Brant writes on page 478 of the paperback version:
"The Second Amendment, popularly misread, comes to life chiefly on the parade floats of rifle associations and in the propaganda of mail-order houses selling pistols to teenage gangsters: '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.' As the wording reveals, this article relates entirely to the militia--a fact that was made even clearer by a clause dropped from Madison's original wording: 'but no person religiously scrupulous of bearing arms should be compelled to render military service in person.' It was made clearest of all in the congressional debate on the amendment. Why was a militia necessary to 'the security of a free state'? Elbridge Gerry asked and answered that question: 'What, sir, is the use of a militia? It is to preven the establishment of a standing army, the bane of liberty.' Thus the purpose of the Second Amendment was to forbid Congress to prohibit the maintenance of a state militia. By its nature, that amendment cannot be transformed into a personal right to bear arms, enforceable by federal compulsion upon the states."
It's just incredible what a bit of factual knoweldge can do to refute the twisted fantasies of right wing authoritarians isn't it?
Comments
I realize I'm probably in the minority in this perspective on this website, but I disagree completely.
The fundamental issue here is this one:
It's not accurate to think of a militia as a standing army maintained by the State, in the context of how the word was used in the 18th century. Then, as relevant to the language in the Amendment, the word 'militia' is synonymous with 'the people', since a militia would be called together from individuals who would each bring their own weapons and ammunition. This is why the Amendment states "the right of the people to keep and bear arms, shall not be infringed." If it were meant to be a collective right, the word 'State' would be used twice.
The first part of the statement is meant to show why the right must be protected; not to qualify it.
From U.S. v. Emerson, 1999:
Further reading on Madison and Hamilton reveal that they believed militias to be necessary, as the section of your post I have quoted states - to prevent the Federal government from keeping a standing army. But the question is - why?
Because FURTHER reading of Madison and Jefferson reveals that they based the necessity of the 2nd Amendment on the idea that disarming the people - THE PEOPLE, mind you, not the State - is the best way to enslave them. Jefferson repeatedly remarked that "No Free man shall ever be debarred the use of arms." (Thomas Jefferson, Proposal Virginia Constitution, 1 T. Jefferson Papers, 334,[C.J.Boyd, Ed., 1950])
You have to understand, the Constitution never once strips individuals of any rights. Read it. It never does. This is because the Constitution is a structural document intended to grant very limited powers to a central government; any rights not explicitly protected, are assumed to be protected.
EVEN IF a reading of the 2nd Amendment implied collective rights, that still would not imply that there is no individual right to bear arms - because nowhere in the document is that right denied.
Frankly, the fact that we're even having this discussion in this day and age would shock our founders - the idea that the State could rob us of a right they considered so fundamental that there were massive political battles over whether or not to even WRITE the 2nd Amendment (this was one of the key points of disagreement between the Federalists and the anti-Federalists).
The problem is, this issue requires significant historical perspective, because the way we read the Amendment has changed from what was meant when it was written.
We no longer understand the word 'militia' in the same way as it was meant 220 years ago. The sentence structure used in the 2nd Amendment is now very uncommon, and when used, is understood to be a qualifying statement, but that was not how such language was used 220 years ago.
The phrase 'the people' was never used in a collective sense in the Constitution - it was intended to be indicative of protected rights of individuals.
A collective reading of the 2nd Amendment would also, for consistency, require that only the State is entitled to the peaceable assembly protections in the 1st Amendment, for example - after all, it says "the right of the people to peaceably assemble." A collective reading of that phrase renders the Amendment meaningless - interpreting "the people" as the State is nonsensical, because the State isn't an entity that can assemble for the purpose of protest. And even if it could, we've never tried to interpret the 1st Amendment that way.
Or the 4th Amendment, guaranteeing the people the right to be secure in their persons - interpreting that collectively is nonsensical.
Yet in all cases, consistency would require that interpretation.
It makes far more sense, then, to interpret "the people" as indicative of unnamed individuals, not a collectivist entity.
by Furion of Hussein (not verified) on Wed, 03/19/2008 - 5:21am
The meaning of the Second Amenment is crystal clear. Anything resembling a thorough look at the arguments and reasoning behind the Second Amendment make this as plain as day. The Second Amendment pertains solely to the militia. It isn't, wasn't and cannot honestly be interpreted as providing some broad private right to own weapons just for the sake of owning weapons. the tortured and stretched arguments you present for extending this right of the people to maintain a militia and for the militia to be armed to individuals for private purposes is simply invalid.
by oleeb (not verified) on Wed, 03/19/2008 - 5:33am
You're not so alone. I'm an absolutist on the Bill of Rights, everyone of them.
by oceankat (not verified) on Wed, 03/19/2008 - 5:45am
Asserting it doesn't make it so.
Did you even read what I wrote?
No, it doesn't. A militia can't exist without an armed populace. "the people" referred to in the Amendment is individuals.
Our founders held this right so inalienable that they actually fought over whether to bother to protect it.
Yet you've not attempted to refute a single one of my arguments.
by Furion of Hussein (not verified) on Wed, 03/19/2008 - 6:15am
Glad to know I'm not alone :)
by Furion of Hussein (not verified) on Wed, 03/19/2008 - 6:16am