Hey, look, everybody! My brother (he's the handsome one on the left) is back in the blogging world.
And, via the comments from my last Political Newsclippings, he's calling me out on the gun issue.
Here is a comment or two on guns...
Oh, man. (And I can't wait to see what he's going to say about Michael Vick later on...)
O’ my dear, dear, brother. I am going to quote you here:
“By But my stance is that if we are to toe the line on following the Constitution and the interpretations of the Supreme Court with respect to things like abortion and the upholding of Roe v. Wade, then we must remain consistent, and I think any sensible reading of the Second Amendment gives Americans the right to posses firearms”
O.k. let’s start with the second part first. A “sensible” reading of the [S]econd Amendment is that it is about militia and that can not be brushed under the rug. The historical context is too important. They (the founders) we[re] committing high treason, they were in the mist of revolution, yet they offer up the Amendment not as individuals owning guns for the sake of gun ownership, but for the expressed [sic] reason of forming militias. In other words, the goal was to make sure individuals were armed so that they could form militias and do battle against the Empire. This is an important idea and one the NRA would like for us to ignore. In fact, our first governing document the Articles of Confederation did not have anything about individual gun ownership. Also we again must remember our history, and realize the mistrust individuals had of standing armies 200 plus years ago. Now our National Guards serve the role of militias and are our citizen army.
Well, I actually put in a bit of a caveat about the militia:
(There's the usual back and forth on the militia piece, but let's not get into it now).
But if you want to call me out on militias, fine. I agree that the question of individual gun ownership versus use and formation of well regulated militias is at the heart this debate. I actually believe that the answer to this question, which has plagued society for generations now, is: yes to both.
In other words, I think the Founders worded the Second Amendment as such in order to ensure a well regulated militia as well as to ensure the right of the individual to own a gun. (I know this is an old NRA tactic, but just because we don't like the people who do it, doesn't make it wrong):
Part One:
A well regulated militia,
Okay, I think we're in agreement on this. The right of the people to a well regulated militia shall not be infringed. Good.
Part Two:
being necessary to the security of a free State,
Lot of discussion around the definition of the word "State" here, but let's agree that the Founders were referring to the larger "State," being America. So what we have so far is verbiage indicating that a well regulated militia is necessary to State security, and it is a right of the people.
Part Three:
the right of the people to keep and bear Arms,
See, that's just in a real interesting place -- and it is worded in such as way as to make you think that they were almost trying to highlight it. Too bad they didn't have highlighters back then. The Founders reference "the people," too, even though they've just referenced the State a mere three words prior. Don't you find that curious? There is an understanding among the Framers of what is required for a free State and what is the right of the people who populate that free State.
Part Four:
shall not be infringed.
This right shall not be infringed, indeed. Speaks for itself, I think.
Anyway, don't you suppose the Framers -- who had a way with words, I think we can agree -- could have worded this a bit differently, if they so chose? Why include words invoking the people if it was only about the right to have a militia? If it was only about state security, why write the words "the right of the people..."?
There are many folks who have done a better job parsing the Second Amendment, to be sure. But that's my take.
And if we're going to go toe-to-toe on Supreme Court opinions, I humbly refer you to the 2008 opinion District of Columbia v. Heller.
In a 5-4 decision, the Court held that the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that firearm for traditionally lawful purposes, such as self-defense within the home.
Tough one vote, evocative of other emotion split-court decisions, but there you have it.
I'll concede to you that the argument around a militia is worth focusing on. But my point in the original post had as much (or more) to do with gun responsibility as anything:
Where I depart from the GOP and their political arm, the NRA, is that with gun rights comes responsibility. I own a car and am licensed in the State of Florida to drive it. This right means I have to have a current plate on my car, and three pieces of documentation: a valid license, a certificate of registration, and proof of insurance. I have all of these things. In order to obtain them, I had to pass a series of tests, which are administered quasi-regularly.
We are always so ready to interpret the Constitution -- and, to be sure, that is worth doing. But as we have this important conversation about our rights inherent in the Constitution, let's remember to carry with it the conversation about responsibility.
You're smarter than me -- and you're a better historian by about a factor of 10. We can go back and forth and cite Supreme Court rulings and the Consitution and the Articles of Confederation all day. But I bet you'll agree that having the conversation about personal responsibility is the much, much more difficult conversation to unwrap.
My guess is we'll start this one with the actions of Michael Vick, the shameless Philadelphia Eagles, and the NFL crime syndicate.
Also, I've updated your blog, Adam, off to the left under "Friends of the Spencerian." Welcome back to the blogging world! And give my niece a hug.