Welcome to The Vomiting Brain, a blog about nothing and everything headquartered in the remote syrupy northern enclave known as "Vermont".
Showing posts with label bill of rights. Show all posts
Showing posts with label bill of rights. Show all posts

Tuesday, June 14, 2016

There are so Many Other Amendments to Violate

NRA official Chris Cox:
...In the aftermath of this terrorist attack, President Obama and Hillary Clinton renewed calls for more gun control, including a ban on whole categories of semi-automatic firearms... 
...The terrorist in Orlando had been investigated multiple times by the FBI. He had a government-approved security guard license with a contractor for the Department of Homeland Security. Yet his former co-workers reported violent and racist comments. Unfortunately, the Obama administration’s political correctness prevented anything from being done about it...
There is just so much stupidity here to unpack...

Firstly, over a hundred years of jurisprudence prior to 2008 recognized no individual right to own firearms.  Even in Heller v. DC, the ruling still left open the possibility that types of firearms could be restricted.

Secondly, yes, the FBI interviewed gunman/terrorist/homophobe/nutcase and there was no evidence of a crime.  In this case, "political correctness" is referring to constitutional protections like the First Amendment's protections of religion and speech, the Fourth Amendment's protection against unreasonable search and seizure, the Fifth Amendment's right to due process, and the 14th Amendment's right to equal protection under the law.

Thirdly, it's a bit ironic that people who are constantly bitching about vague notions of "political correctness" in which they're usually referring to the "right" not to have their fee-fees hurt for saying bigoted and/or sexist things, are implying that this man should have possibly been arrested for doing just that.

I do find the notion that someone could have something recognized as a right taken away for being on a list that is arbitrarily applied and lacks any kind of due process problematic, which is why I don't think individual ownership of firearms should be a right.  Humans just aren't that good with weapons of mass-destruction.

Despite all this, one freedom remains strong in America:  The freedom to get shot.

Saturday, December 5, 2015

A Very Strange Reading of the Second Amendment

The National Rifle Association and the gun lobby have perverted the public understanding of the Second Amendment.  If you were to listen to the NRA, you would think that the Constitution guarantees the right of anyone to own pretty much any gun they want, carry it anyway they want, and store it anywhere they want without the interference of government regulation.  The Second Amendment reads:
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.
Leaving aside for a second that there is considerable evidence that the framers of the Constitution were talking exclusively about state Militias, a view held by the Supreme Court until 2008 when they ruled in District of Columbia et al. v. Heller; the NRA's interpretation of gun rights exceeds anything written in the text.