BMEWS
 
Sarah Palin will pry your Klondike bar from your cold dead fingers.

calendar   Thursday - October 04, 2007

The Light Comes On For A Liberal

Way to go Jonathan, maybe some others in your camp will finally see the light.  (quoting the whole thing in case it gets “moved")

A liberal’s lament: The NRA might be right after all

By Jonathan Turley

This term, the Supreme Court may finally take up the Voldemort Amendment, the part of the Bill of Rights that shall not be named by liberals. For more than 200 years, progressives and polite people have avoided acknowledging that following the rights of free speech, free exercise of religion and free assembly, there is “the right of the people to keep and bear arms.” Of course, the very idea of finding a new individual right after more than two centuries is like discovering an eighth continent in constitutional law, but it is hardly the cause of celebration among civil liberties groups.

Like many academics, I was happy to blissfully ignore the Second Amendment. It did not fit neatly into my socially liberal agenda. Yet, two related cases could now force liberals into a crisis of conscience. The Supreme Court is expected to accept review of District of Columbia v. Heller and Parker v. District of Columbia, involving constitutional challenges to the gun-control laws in Washington.

The D.C. law effectively bars the ownership of handguns for most citizens and places restrictions on other firearms. The District’s decision to file these appeals after losing in the D.C. appellate court was driven more by political than legal priorities. By taking the appeal, D.C. politicians have put gun-control laws across the country at risk with a court more likely to uphold the rulings than to reverse them. It has also put the rest of us in the uncomfortable position of giving the right to gun ownership the same fair reading as more favored rights of free press or free speech.

The Framers’ intent

Principle is a terrible thing, because it demands not what is convenient but what is right. It is hard to read the Second Amendment and not honestly conclude that the Framers intended gun ownership to be an individual right. It is true that the amendment begins with a reference to militias: “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.” Accordingly, it is argued, this amendment protects the right of the militia to bear arms, not the individual.

Yet, if true, the Second Amendment would be effectively declared a defunct provision. The National Guard is not a true militia in the sense of the Second Amendment and, since the District and others believe governments can ban guns entirely, the Second Amendment would be read out of existence.

Another individual right

More important, the mere reference to a purpose of the Second Amendment does not alter the fact that an individual right is created. The right of the people to keep and bear arms is stated in the same way as the right to free speech or free press. The statement of a purpose was intended to reaffirm the power of the states and the people against the central government. At the time, many feared the federal government and its national army. Gun ownership was viewed as a deterrent against abuse by the government, which would be less likely to mess with a well-armed populace.

Considering the Framers and their own traditions of hunting and self-defense, it is clear that they would have viewed such ownership as an individual right — consistent with the plain meaning of the amendment.

None of this is easy for someone raised to believe that the Second Amendment was the dividing line between the enlightenment and the dark ages of American culture. Yet, it is time to honestly reconsider this amendment and admit that ... here’s the really hard part ... the NRA may have been right. This does not mean that Charlton Heston is the new Rosa Parks or that no restrictions can be placed on gun ownership. But it does appear that gun ownership was made a protected right by the Framers and, while we might not celebrate it, it is time that we recognize it.

Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University and a member of USA TODAY’s board of contributors.

Something we’ve all known for a long, long time, but nice to see a “enlightened progressive” get it too.


avatar

Posted by Drew458   United States  on 10/04/2007 at 09:36 AM   
Filed Under: •   
Comments (10) Trackbacks(0)  Permalink •  
Page 1 of 1 pages

Five Most Recent Trackbacks:

Once Again, The One And Only Post
(3 total trackbacks)
Tracked at diamond painting uk
The Glee alum's dark cheap diamond cheap diamond painting painting locks were styled stick straight and tucke diamond painting kits d behind her diamond painting kits ears diamond painting uk…
On: 03/20/21 10:12

Vietnam Homecoming
(1 total trackbacks)
Tracked at 广告专题配音 专业从事中文配音跟外文配音制造,北京名传天下配音公司
  专业从事中文配音和外文配音制作,北京名传天下配音公司   北京名传天下专业配音公司成破于2006年12月,是专业从事中 中文配音 文配音跟外文配音的音频制造公司,幻想飞腾配音网领 配音制作 有海内外优良专业配音职员已达500多位,可供给一流的外语配音,长年服务于国内中心级各大媒体、各省市电台电视台,能满意不同客户的各种需要。电话:010-83265555   北京名传天下专业配音公司…
On: 03/20/21 07:00

The Brownshirts: Partie Deux; These aare the Muscle We've Been Waiting For
(2 total trackbacks)
Tracked at 香港特首曾荫权和部分高管分别用步行或搭乘公共交通工具的方式上班
西安电加热油温机 香港盛吹“环保风” 专家指市民已从被动变主动 中新网9月29日 淮安导热油电加热炉 电 据香港中通社报道,9月29日晚由香港某环保团体举行的“无冷气夜”,吸引了5万名市民及超过60间企业承诺参加。这是香港最近环保活动不断升温过程中的大型活动之一。 进入九月,香港各界环保活动渐入高潮,层出不穷。特首高官与各界市民齐齐参与,是其中一个最大特色。…
On: 03/21/18 12:12

meaningless marching orders for a thousand travellers ... strife ahead ..
(1 total trackbacks)
Tracked at Casual Blog
[...] RTS. IF ANYTHING ON THIS WEBSITE IS CONSTRUED AS BEING CONTRARY TO THE LAWS APPL [...]
On: 07/17/17 04:28

a small explanation
(1 total trackbacks)
Tracked at yerba mate gourd
Find here top quality how to prepare yerba mate without a gourd that's available in addition at the best price. Get it now!
On: 07/09/17 03:07



DISCLAIMER
Allanspacer

THE SERVICES AND MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS" AND THE HOSTS OF THIS SITE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE EXTENT PERMITTED BY LAW INCLUDING BUT NOT LIMITED TO WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS.

Not that very many people ever read this far down, but this blog was the creation of Allan Kelly and his friend Vilmar. Vilmar moved on to his own blog some time ago, and Allan ran this place alone until his sudden and unexpected death partway through 2006. We all miss him. A lot. Even though he is gone this site will always still be more than a little bit his. We who are left to carry on the BMEWS tradition owe him a great debt of gratitude, and we hope to be able to pay that back by following his last advice to us all:
  1. Keep a firm grasp of Right and Wrong
  2. Stay involved with government on every level and don't let those bastards get away with a thing
  3. Use every legal means to defend yourself in the event of real internal trouble, and, most importantly:
  4. Keep talking to each other, whether here or elsewhere
It's been a long strange trip without you Skipper, but thanks for pointing us in the right direction and giving us a swift kick in the behind to get us going. Keep lookin' down on us, will ya? Thanks.

THE INFORMATION AND OTHER CONTENTS OF THIS WEBSITE ARE DESIGNED TO COMPLY WITH THE LAWS OF THE UNITED STATES OF AMERICA. THIS WEBSITE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES OF AMERICA AND ALL PARTIES IRREVOCABLY SUBMIT TO THE JURISDICTION OF THE AMERICAN COURTS. IF ANYTHING ON THIS WEBSITE IS CONSTRUED AS BEING CONTRARY TO THE LAWS APPLICABLE IN ANY OTHER COUNTRY, THEN THIS WEBSITE IS NOT INTENDED TO BE ACCESSED BY PERSONS FROM THAT COUNTRY AND ANY PERSONS WHO ARE SUBJECT TO SUCH LAWS SHALL NOT BE ENTITLED TO USE OUR SERVICES UNLESS THEY CAN SATISFY US THAT SUCH USE WOULD BE LAWFUL.


Copyright © 2004-2015 Domain Owner



GNU Terry Pratchett


Oh, and here's some kind of visitor flag counter thingy. Hey, all the cool blogs have one, so I should too. The Visitors Online thingy up at the top doesn't count anything, but it looks neat. It had better, since I paid actual money for it.
free counters