You say you’ll change the constitution


I happened to be flicking through the channels this past weekend. C-SPAN 3 was showing a 1958 interview of Supreme Court Justice William O. Douglas for the ABC show Mike Wallace Interviews. Wallace asked Douglas, who was very strong on First Amendment rights, where he stood on the classic case of a man yelling fire in a crowded theater. Douglas didn’t take the interviewer’s bait. He stated that it would be an incitement to riot, that it was illegal and should be illegal. That example is one often used to show that there are restrictions, even on things as fundamental to the American experience as the Bill of Rights.

As a recipient of a lot of right-wing material, you would think that the Second Amendment was imperiled. This is just a taste:

Dear Concerned American,

The great pay-back has begun, and it’s going to be ugly.

Liberals in Congress are paying back the anti-gun extremists who put them in office, and Barack Obama’s H.R. 45 is the first step…

…and it’s a big step….

I’m sure I don’t have to tell you that gun registration is the first step on the road toward totalitarian confiscation of all firearms by a federal power.

In fact, the most brutal dictators of the last century were famous for their gun registration and confiscation schemes.

It was easy work for Hitler’s brown-shirt Gestapo to confiscate the firearms of German citizens because years earlier, well-meaning liberals had forced all guns to be registered with the government … all in the name of safety.

When Hitler came to take their guns, he had a list of who owned every gun and where they lived!

Ah, the Hitler comparison. Again.

If a two-day waiting period, a written exam and a gun tax aren’t infringing our rights, I don’t know what is!

I feel every has the right to buy assembled AR-10 rifle and keep it with them without the government interfering. But as things are progressing, the days of owning guns for safety or personal use might soon come to an end.

This harangue despite a major victory in the Supreme Court last session.

Here’s the thing: the Second Amendment rights aren’t without limits either. We restrict guns to minors, to convicted felons (boy, I wish that actually worked better) and certain other groups of people.

Which brings me to those folks who somehow believe that packing heat when the President comes to town should be protected. Here’s, of all people, “Morning Joe” Scarborough on the August 23, 2009 edition of NBC’s Meet the Press:

And, and it seems to me that leaders on both parties, Democrats and Republicans alike, have a–have an affirmative responsibility to step forward and speak out against this hate speech and speak out against people carrying guns to rallies…As a guy with a 100 percent lifetime rating with the NRA, I can tell you that not only hurts those of us who believe in Second Amendment rights, it makes the job of the Secret Service so much harder and our law enforcement personnel so much harder.

Joe is, of course, right. I think it’s insane for antagonistic people to be packing heat around the President. Think of the history of this country: four Presidents assassinated, all by the gun; at least five attempts on Presidents using firearms. Not to mention two prominent candidates in my lifetime shot four years apart: Bobby Kennedy in 1968 (assassinated) and George Wallace in 1972 (paralyzed).

My great fear ids that either the President will get shot at (or worse), or the Secret Service will end up shooting a guy with a gun when he makes what they perceive to be a threatening move; the brouhaha after THAT debacle would make the summer town meetings look like a picnic.

I’d rather the Secret Service restrict the use of firearms around POTUS rather than have him risk his life trying to prove that he isn’t going to take away their guns; they already believe he’s stripping them of their weapons regardless.

ROG

A free copy of the U.S. Constitution can be yours for the asking


In anticipation of Constitution Day, which is September 17, I asked a number of people this: what is Article 1 of the U.S. Constitution about? I asked a guy who had to study to become a naturalized citizen in the past four years. I asked a librarian. I asked a teacher. I asked a guy who has tried out for JEOPARDY! No one knew.

The answer, BTW, is that Article 1 establishes the legislature, i.e., Congress.
Article 2 establishes the executive branch and Article 3, the judiciary. I was asking this to make a point, which was the primacy of the Congress was intended by the Founders, but it’s difficult to make an argument when no one understands the point of reference. The separation of powers has gotten pretty much out of whack over the past half century, going back to Harry Truman and the Korean war, and mitigated only briefly by Watergate.

I’m so distressed by this outcome that I will send up to the first 100 people to e-mail me with their addresses a copy of the Constitution, plus additional background. The offer ends on the first Monday in October 2008 at 6 pm Eastern time or when supplies run out, whichever comes first.

ROG

Going for a Constitutional


Today is Constitution Day. Monday, September 17, 1787, 220 years ago, was the last day of the Constitutional Convention. Ben Franklin, by proxy, gave this speech about the flaws of the Constitution. yet, his address fit into the “let not the perfect be the enemy of the good” theorem.

I double-checked the Constitution, and yes, I remembered correctly: the legislature is discussed in Article I and the executive branch in Article II, suggesting that Congress should have important role in the governance of the country. Guess some folks have forgot.

Here’s something that totally slipped my mind – There are TWO ways to amend the U.S. Constitution:
1. Both houses of Congress approve by a two-thirds vote a resolution calling for the amendment; this does NOT require the president’s signature. To become effective, the proposed amendment then must then be “ratified” or approved by the legislatures of three-fourths (currently 38) of the states . Usually, but not always, Congress places a time limit of seven years for ratification by the states.
2. The legislatures of two-thirds of the states (currently 34) vote to call for a convention at which constitutional amendments can be proposed. Amendments proposed by the convention would again require ratification by three-fourths of the states.
I’d forgotten about the second way because the Constitution has never been amended by that method, though there has been conversation about such an event, e.g. for a balanced budget amendment. The Constitution has been amended 27 times; the Bill of Rights are the first ten, and the 18th and 21st, concerning prohibition, canceled each other out.

Of course, the interpretation of the Constitution falls to the judiciary, established fairly early on. The notions of “legislating from the bench” or “strict constructionist” have been so mangled in this politicized era as to be rendered nearly meaningless.

Still, I hold a (cautious) hope that the rights long established, fought and died for – including the right of dissent – will survive the current attacks, cockeyed optimist that I am. Here’s another view.

ROG

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