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Friday, June 27, 2008

 

From dawn's early light to evening twilight, John McCain and his surrogates launched a series of rhetorical fusillades yesterday, celebrating the U.S. Supreme Court's smackdown of the 32-year Washington D.C. handgun ban, while seeking (with limited success) to paint Barack Obama as a waffler who is soft on gun rights.

It was fascinating merely to behold the GOP message machine in overdrive. The first emails were fired off by the Republican National Committee at 8:32 a.m., several hours in advance of the court ruling, calling attention to some unnamed Obama flak who had stated last November that Obama considered the D.C. ban to be constitutional. The Republicans followed up at 10:44, in the wake of the ruling, with details about how a younger Obama had signaled support for a legislative ban on handgun possession while filling out an Illinois questionnaire in 1996.

Nine minutes after that email, John McCain himself weighed in, praising the high court for its ruling that the D.C. handgun ban violated the Second Amendment right-to-bear-arms provision. Thirteen minutes after McCain, Republican headquarters fired off more details about that 1996 questionnaire. Twenty-seven minutes after that GOP missive, a gun-rights group followed up at 11:33 a.m. with a celebratory email of its own. Thirty-seven minutes after that, Republican headquarters was back again. And while all this was going on, the McCain camp was conducting a conference call with reporters, reiterating its Obama-is-soft-on-guns theme - followed by an email transcript of the conference call at 1:33 p.m.

While all this was going on, Obama was saying virtually nothing - for several reasons:

Broadly speaking, Democrats would prefer to avoid the gun issue entirely, because in the recent past they have been successfully demonized as the party that wants to swipe people's guns. Al Gore, it is now believed, lost several key states in 2000 (notably West Virginia, Tennessee, and Arkansas) in part because he was perceived as a foe of gun rights. And, with respect to the 2004 election, it's worth noting that, according to the exit polls, the voters with guns at home broke for George W. Bush over John Kerry by 27 percentage points.

And speaking of Obama, he had indicated in the past that favored strong restrictions on gun possession. That can be partly attributed to his Chicago pedigree. As in Washington, and as in Philadelphia, the political leaders in Chicago believe that restrictionist gun laws can help curb street violence. And urban Democrats, after all, are a key part of Obama's political base. All this helps explain why Obama's spokesman stated last November that the candidate viewed the longstanding D.C. handgun ban as defensible and constitutional.

But the Obama camp felt compelled to walk away from that spokesman's remarks; in advance of the high court ruling yesterday, it signaled that those remarks had been "inartful." Even though Obama himself did acknowledge in February, in response to a press question, that he supported the D.C. ban, it's clear today that he does not want to be seen as a gun-banning absolutist. That image could hurt him politically; after all, he needs to win gun-friendly Michigan and Pennsylvania, and hopes to capture a few of the gun-friendly western states.

So all this explains why Obama didn't break his silence on the high court ruling yesterday until 12:15 p.m. Without addressing whether he thought the D.C. blanket handgun ban had been constitutional, he simply straddled in the broadest sense: "I have always believed that the Second Amendment protects the right of individuals to bear arms, but I also identify with the need for crime-ravaged communities to save their children from the violence that plagues our streets through commonsense, effective safety measures."

The McCain camp tried all day yesterday to paint Obama as a serial flip-flopper on guns, but his recent track record is more nuanced than that. His statement yesterday, for example, is actually quite consistent with what he said during a Democratic debate in Philadelphia two months ago: "As a general principle, I believe that the Constitution confers an individual right to bear arms....(But it is) important for us to reconcile what are two realities in this country. There's the reality of gun ownership and the tradition of gun ownership that has been passed on from generation to generation...But you also have the reality of what's happening here in Philadelphia and what's happening in Chicago."

And that April statement, in turn, is consistent with what he said during a February forum: "We have two conflicting traditions in this country...A lot of people, law-abiding citizens, use (guns) for hunting, for sportsmanship, and for protecting our families. We also have violence in the streets that is a result of illegal handgun use. And so there is nothing wrong, I think, with a community saying, 'we are going to take those illegal handguns off the streets." (Presumably, those are the kinds of gun-ban measures that Obama defines as "commonsense.")

All told, it's questionable whether the GOP fusillade (the party was still at it again this morning, at 9:32) will prompt gun-friendly swing voters to flee Obama. He has probably denied McCain the sharp ideological contrast that McCain dearly wants. Besides, there's absolutely no evidence that the issue of gun rights will drive this election, in a year when kitchen-table economic issues and the Iraq war trump virtually all other concerns.

In a sense, McCain's day-long salute to the high court ruling wasn't even aimed at Obama. It was an attempt to stoke the ill-enthused Republican base, to serve up some red meat and reassure those folks that McCain is one of them. Remember, McCain once broke with the NRA to support requiring background checks at gun shows, and such heresies are never forgotten. As conservative leader Grover Norquist complains today in the Financial Times newspaper, "Republicans are listless" about this election. The GOP's message overdrive yesterday (and again this morning, starting at 9:32) is really about the party staging a pep talk with itself.

-------

Meanwhile, about the high court ruling itself...

Have you noticed that, whenever Republicans don't like a judicial decree, they complain about how "unelected judges" are "legislating from the bench" by ignoring the literal wording of the Constitution, thus imposing "judicial tyranny" on the people's elected officials, who should be free to enact policy as they see fit without any meddling from the robed brethren?

Well, take a look at the ruling that overturns the D.C. handgun ban. The majority, led by Antonin Scalia, ignored the literal meaning of the Constitution. The Second Amendment has no wording whatsoever about an individual right to bear arms, or individual home-defense; the amendment talks only about the collective security of "the people," led by "a well-regulated militia." Having thus legislated from the bench, the Scalia majority threw out a law enacted by the people's elected officials.

But since McCain and his surrogates got the policy outcome they desired, suddenly they have no qualms about unelected judges who stray from the literal meaning of the Constitution and appear to legislate from the bench.

Conservatives are also supposed to respect legal precedent, not topple it. Yet, in this ruling, the Scalia majority ignored legal precedent; dating back to 1939, the high court had never unearthed an individual's right to bear arms in the Second Amendment language. Yet now it has. Again, not a peep yesterday or today from the right-leaning advocates of "strict constructionism."

In the end, however, Barack Obama might actually benefit from this hypocrisy. The Scalia majority has provided him with political cover. From this point forward, whenever anybody charges that Obama intends to take people's guns away, he can merely reply, "Nobody can take your guns away. The Supreme Court has now ruled that it can't happen." 

 

Posted by Dick Polman @ 10:40 AM  Permalink | 42 comments
Comments   
Posted 04:03 PM, 07/13/2008
rs98101
I disagree with the assertion that "The majority, led by Antonin Scalia, ignored the literal meaning of the Constitution." Furthermore, the ruling was not against the principle of strict constructionalism, as the author alludes to when he states: "Again, not a peep yesterday or today from the right-leaning advocates of "strict constructionism." The reality is, this is a constructionist ruling, and it is based on the original intent of the founding fathers. As Scalia points out in his opinion, "the people" refers to an individual right, not a collective one (just as it does when used in the First, Fourth, and Ninth amendments). As I argue here on my blog: http://www.somedork.com/features/the-goddamn-given-right-to-bear-arms/ if you do not want private ownership of handguns, your legal recourse is to amend the Constitution. Feel free to do so, but please stop the nonsense about the Constitution not providing this right. The Dork http://www.somedork.com
Posted 05:44 PM, 07/02/2008
skipintro
Wikipedia is your friend. If you want a semi-concise chronology of the 2nd, go here: http://en.wikipedia.org/wiki/Second_Amendment_to_the_United_States_Constitution#Creation Clearly, GLs (gun lovers), the intent was to create a mechanism for common defense while limiting the federal government's ability to dominate the citizenry (and states) by military force. One can imagine that if they had been able to envision our current state of affairs, they might have been a little more careful with their wording.
Posted 01:28 AM, 07/01/2008
Hector
" . . . the amendment talks only about the collective security of 'the people,' led by 'a well-regulated militia.' Having thus legislated from the bench, the Scalia majority threw out a law enacted by the people's elected officials." I think of Dick Polman as one of the more astute political commentators. It's therefore very troubling to me that he should imagine that when the Second Amendment speaks of "the people", it speaks only of their being "led" by a "well regulated militia." The word "led" is nowhere in a 27 word sentence. What is said of "the people" is that their right to keep and bear arms shall not be infringed. This is at about the level of Hillary Clinton claiming that she voted for the AUMF thinking that by doing so she was supporting efforts to conduct diplomacy. And as to the hyperbole that "The Supreme Court has now ruled that 'Nobody can take your guns away', it's ruled no such thing. It's ruled that whatever rights the Second Amendment confers, it confers them upon individuals (i.e., "the people", not "the militia". The question then becomes, as the Court's opinion expressly states, What are the rights conferred upon individuals. What Heller tells us in answer to that question is two fold. On the one hand, it tells us that whatever other rights the Second Amendment confers, it confers the right not to have all of "the people" forbidden to own handgunds. On the other hand, Heller tells us that many people can have their guns taken away.
Posted 03:25 PM, 06/30/2008
James TL
Personally I would say that the average citizen should not be able to buy military-style weapons. I'm sure someone will point out that they should be able to buy them to be able to defend themselves against 'the government' should it be needed--after all, a militia wouldn't be able to defend against the big bad government without them right? I think that's just a 'gun shop' excuse in order to sell these expensive weapons to loosly organized groups for fun and profit. That's the real reason for all the gun lobbyists---to sell more of their product to make money not all this crap about home or state defense.
Posted 01:15 PM, 06/30/2008
p-diddy
How many people here think civilian citizens should be able to buy military weapons? Which ones?
Posted 11:57 AM, 06/30/2008
JC Denton
Cry more, Dick. Rants like this one are useful inasmuch as your true colors (reflexive doctrinaire leftist) are revealed. It's painfully obvious you are willing to misrepresent the facts about the 1939 Miller case to underline your tantrum. It's also hard to believe you actually read, much less understood, the majority opinion in Heller based on your comments regarding the case.
Posted 10:55 AM, 06/30/2008
chazzbo
djoseph, with all due respect, the vast majority of children being killed in gun crimes are by guns owned illegally. Gun bans will not change those statistics. Tens of millions of legally owned guns are handled every day by law abiding citizens without accident or injury. While gun injuries or deaths in any number are tragic, removing the rights of honest people to protect themselves and their property, will not solve the issue.
Posted 09:36 AM, 06/30/2008
p-diddy
Tom, good to know that you're sticking up for Muslim political representation in the U.S.
Posted 09:31 AM, 06/30/2008
p-diddy
Don't worry Tom, the black woman in the background at the Obama rally was Condoleeza Rice.
Posted 12:21 PM, 06/29/2008
Hector
Whatever else may or may not be the case about liberals, conservatives, Second Amendment jurisprudence or anything else, it's clearly not the case that "The Second Amendment has no wording whatsoever about an individual right to bear arms" bur rather "talks only about the collective security of 'the people', led by 'a well-regulated militia.'" In fact, the text reads, " . . . the right of the people to keep and bear Arms shall not be infringed". It does not read, "The collective security of the people resting upon being led by a well-regulated militia, the arming of the well-regulated militia shall not be infringed". I very much regret the Second Amendment, as others regret the First, or the Fifth, or the Fourteenth (for all of which I am very grateful). But regret does not justify self-delusion about what the text says, or demonizing an opinion that is at worst a justifiable reading of a rather awkward sentence and arguably a masterful statement of the obvious: "the right of the people to keep and bear arms" does not mean "the people's right to carry arms while on active service in a well-regulated militia". It would be far more helpful to the cause of preventing gun violence to focus on the concluding words of the majority's opinion, where an expressly not exhaustive list of gun control measures not held unconstitutional by Heller v. Washington D.C., is set forth -- and campaiging for enactment and enforcement of those measures.
Posted 01:09 AM, 06/29/2008
tom - wilmington, de
JimR, So, last week is "old hat"? And covered in the MSM....where? For how long...a brief 30 second spot? Give me a break. If that had been McCain we would still be hearing about it. It is the same old stuff....good news from Iraq is no news (this year, 181 stories about Iraq, last year 1,157); how about all the floods in the Midwest right now, see any news on FEMA screw ups? How about looting, murders and rapes like in New Orleans? Obama is a politics as usual guy scamming the poor souls so intent on revenge for Florida in 2000 that they will let him slide on anything. He is an empty suit, and he would be a disaster as president.
Posted 04:09 PM, 06/28/2008
slcbob
Polman would be right at home in Orwell's 1984 based on his upside-down reading of the 2nd Amendment. No wording about the individual right to bear arms? It's hard for Polman to see past his liberal blinders that the phrase "...the right of the people to keep and bear arms...." refers to individuals. Who else are the people if not individuals? His interpretation strains credulity, and frankly doesn't even pass the laugh test. And claiming conservative activism, legislating from the bench? This is truly Orwellian to make that claim. Reading the Constitution as it is plainly written, not as Polman wishes it was written makes this ruling about as ordinary as can be. And his claiming this throws out precedent? What? Where? The Court's 1939 ruling, he says. Perhaps he should read it first. That ruling dealt with the matter of a sawed-off shotgun and legal scholars then and now have agreed the decision did not deal with individual vs. collective rights. In other words, no precedent. By the way, how was that DC law working for the past three decades anyway? Right. One of the most lawless cities in the US, with rampant handgun murders and assaults. And by who? Right again. Criminals! If anything, this ruling may lead to those horrific numbers going down. I see Polman has won awards from ABC and Columbia for his writing. Well, they're all like-minded so I could not be less impressed. In fact, I'd be embarrassed and take those awards as a warning that my thinking has become mushy. By the way, the post of djoseph is another example of this. Wild claims with no evidence other than his words, reminding me rather of a high school student's ill-informed diatribes. But that is the liberal way.
Posted 02:57 PM, 06/28/2008
JimR
Tom, the women removed from their seats is old hat as are some of the other items. (BTW this was all in the MSM) The Obama flip-flops are not surprising, at least to realists. I know a lot of his campaign is built on "change" but it seems the best argument that can be made is that Obama is just like the Republicans - typical back room political operation and shifting sands thinking. This SC ruling is a great example. I buy into the right to own guns at an individual level but the argument is based on what the R's believe is the literal, word specific, 'not-a-living-document' theory of the law. If you read the wording, there is nothing to interpret. That would seem to the the literal, word specific, etc, case. Don't blow smoke with the abortion issue. I don't buy that decision - it's an abomination. There is nothing word specific about that anywhere. But it isn't a part of the gun issue. The whole level of political argumentation is driven simply by which side is getting their ideals legislated from the bench. O'Reilly made the strict constructionist argument several nights ago and then went on to argue that the need was to load the court with those who were strict constructionists, as long as they thought like him - and the hell with the law. The SC has never made a clear decision on the second amendment. (The right of privacy has been addressed largely by the 4th article)
Posted 11:04 AM, 06/28/2008
tom - wilmington, de
Today is a grand day. I feel enlightened, rejuvenated, reinvigorated. After saying the Republicans would run a campaign based on race, Obama has two women removed from their seats so they would not appear on camera sitting behind him. Then he apologizes only after being pressured by the Congressional Black Caucus. He then asks Keith Ellison to cancel a campaign appearance for Obama supporters being held at a mosque. Who is the one talking about race? But what really got to me was the fact that Obama's "flip flops" on NAFTA (from opting out to using overheated rhetoric), the Iran Revolutionary Guard (voting againt them being labeled terrorist, then calling them terrorist in front of AIPAC), the DC gun ban (from passing Constitutional muster to not being totally in favor of it), campaign finance (from using public funds as he stated several times to staying with private funding), as well as several other changes...the NY Times has let us know that these are not flip flops at all. They are "recalibrations" of his positions and a sign of his maturing campaign stances to be more moderate. I guess then we will no longer read on this site about any changes of McCain's positions as flip flops, but rather "recalibrations". Nice to know.
Posted 10:56 AM, 06/28/2008
tom - wilmington, de
I suppose "bear arms" means any weapons available. Since those who believe the Constitution is a living, breathing document, then it would evolve with the times. After all, isn't that the rationale for the "right to choose" and the "right to privacy"? As for banning 5-4 decisions, then we would not have had the enemy combatant decision, the emminent domain decision, the death penalty for child rapist decision, many others. Maybe that person is on to something!!
Posted 09:36 PM, 06/27/2008
mcnuckel
I want to know what it means to "bare arms", what weapons do we mean, muskets or machine guns, cannons or hand grenades.The founding fathers ceartanly weren't talking about hand guns or automatic weapons. So the entire amendment is bogus by it's very meaning since nobody knows what the founding fathers meant when they wrote it in the first place.
Posted 08:56 PM, 06/27/2008
p-diddy
Dude, it's one thing to argue that handguns should be legal on principle, it's another to argue that they should be legal because this might lead to other guns being banned. I've never heard any politician argue that all guns should be banned, and the D.C. case concerned handguns only. As a matter of principle, do you think people should be permitted to own handguns? Do it like I do, sleep with a meat cleaver under your pillow.
Posted 06:24 PM, 06/27/2008
James TL
I don't have a problem with law abiding citizens owning guns. What we really have to do is start really enforcing the laws against illegal guns. They are the ones doing the damage on the streets. Why should organized gangs be allowed to own machine guns and other rapid fire weapons? This has to be stopped. We already have the laws, how about adhering to them? Oh right! Forgot about all the lawyers! Too many of them will eagerly defend people who shoot other people in cold blood. I know people have a right to be defended but if the SC can pass judgements allowing gun ownership why can't they pass judgements that protect law abiding people against violent idiots? I guess I'm opening up a dicey can of worms but something has to be done about the gun violence on our streets.
Posted 04:45 PM, 06/27/2008
Rauol Duke
What jumps out at me was the RNC was acting on this at 8:32 am, how did they know? Do they have moles on the INDEPENDENT Supreme Court? These Neo-Cons are rhetoric. The only time they want "strict constructionist" is when it fits their wants and needs. Just look at their post here, you conservatives could less about this country. The only thing you care about is yourselves but as the fascist pick us off one by one who is going to be for you when the fascist are knocking at your door. Hypocrites, all of you.
Posted 04:16 PM, 06/27/2008
USA#1
p-diddy, I can understand your argument and the feeling of those in crime-ridden areas. The problem is, if the D.C law was upheld, then that would be the foot in the door that those who don’t want us to have guns would use to expand the law. Get the dirt bags off the streets and keep them locked up. The reason I like to have a handgun around is if I can’t get to my 12 gauges, I know my last resort is near by in case of a home intrusion. Of course I don’t have children so I don’t have to worry about them finding a gun.
Posted 04:07 PM, 06/27/2008
p-diddy
USA #1: Actually North Korea is #1 and Iran is #2! The U.S. is only #3. But what do you need to defend yourself against with your handgun? The giant squid that seem to keep popping up off the coast of Alaska? Strangely the majority of those who actually live in crime-ridden areas are against gun ownership.
Posted 03:53 PM, 06/27/2008
USA#1
Polman’s post was stretching what the 2A said big time, but the SC has legislated before and not gone by the constitution. One example was for the issue of road blocks for DUI’s. Here are Chief Justice Rehnquist own words on his ruling that does violate the 4A. The Michigan Supreme Court found sobriety checkpoints to be a violation of the Fourth Amendment. However, in a split decision, the U.S. Supreme Court reversed the Michigan court. Although acknowledging that such roadblocks violate a fundamental constitutional right, Chief Justice Rehnquist argued that they are necessary in order to reduce drunk driving. That is, he argued that the end justifies the means. Attorney and law professor Lawrence Taylor refers to this as “the DUI exception to the Constitution.” This SC chose not to put gun control ahead of what is stated in our Constitution. The law abiding citizen should not have the right to defend themselves taken away because of idiots that want to shoot each other.
Posted 03:41 PM, 06/27/2008
p-diddy
celtic, that's a silly statement. 5-4 decisions should be banned? Please.
Posted 03:40 PM, 06/27/2008
p-diddy
Honestly, gun control is about #14 on my list of important issues this election, but I do think increased limits should be imposed. I don't think people should be able to buy the necessary items to make a non-automatic weapon into an automatic weapon. I think handguns ought to be banned. I'm fine with hunting rifles and shotguns, as I have no wish to impinge upon those who like to hunt. But I firmly believe in limits placed on weapon ownership. We shouldn't be able to buy easily converted non-automatic weapons, just as we shouldn't be able to buy grenades.
Posted 03:34 PM, 06/27/2008
tom - wilmington, de
LJL....right. But last I believed, the Constitution referred to rights of Citizens of the United States. AND, I guess those fighting, killing and planning attacks against the United States could fall under the exception you mention. So, let me get your thoughts clear. During WWII, the Nazi and Japanese prisoners we held in the Philippines, Guam and other places deserved their day in a US Court? How about prisoners during the Vietnam or Korean wars? Did they also deserve their day in a US Court? If a person attacks our forces overseas, and we capture him/her on the battlefield, should we obtain indictments, give them a trial by jury, etc? Does the fact that over 50 of those we held at Guantanamo and released were either killed or re-captured in battles in either Iraq or Afghanistan mean anything to you? The portion you state is in Section 9 Limits on Congress in the Constitution and I believe referred to Citizens of the US, as does the second amendment. So spare me your liberal rationalizations.
Posted 03:32 PM, 06/27/2008
thelastRepublicaninPhilly
The right to bear arms is as fundamental to Americans as the freedom of speech, and the right to vote. Thank God the Supreme Court got this one right. McCain has been a supporter of the right to bear arms and Obama has not. McCain was right, Obama was wrong. I do think the next few years in DC will be an interesting test on the effectiveness on gun bans. Gun crime in rampant in DC and only criminals had guns, now with the ban lifted ordinary citizens will have guns to protect themselves. Maybe now the judges will actually punish the criminals that use the guns to harm society. Let's watch the crime rate drop.
Posted 02:49 PM, 06/27/2008
JeffA
I think Polman's rant on the 2nd Amendment is far off base. Where does he get off thinking he has the 2A figured out better than the Federal District Court and the SC? He writes so self-assuredly that the 2A is clearly written and only an activist judge could issue a ruling different from what is plainly in view. He also makes a statement with no links or notations about how the court went against precedent. What precedent? Most stories talk about how little precedent there has been and how historic this ruling is in its' clear guidance. Polman's heavy bias shows up here and he does a real disservice to the readers. He should have placed this one in the desk drawer overnight.
Posted 02:24 PM, 06/27/2008
LJL
Tom - come on, you can do better than that. So nowhere is it mentioned that "enemy combatants" have habeas corpus rights? The Constitution states: "The privilege of the writ of habeas corpus shall not be suspended unless when in cases of rebellion or invasion." The US Congress, in Title 28 of the US Code, granted all federal courts jurisdiction to issue writs of habeas corpus to release prisoners, and one of the circumstances in the code specifically refers to "citizens of a foreign state". Use "the googles" and look it up...Seems pretty clear, every bit as clear as the 2nd amendment. What is it with the right and their selective reading (or understanding?) of the constitution?
Posted 02:16 PM, 06/27/2008
bon
djoseph: Obama, in his own words, now supports the rights of individuals to own handguns. He and McCain both want some restrictions. (McCain helped push through a bill to close the gun show loophole and supports mandatory waiting periods too.) It is odd that in two days Obama found himself twice backing the justices he voted against conforming, isn't it? ----- If you feel that strongly about gun I am sure Ralph Nader wants them banned. Aside from that, politically, this is a gun owner's nation.
Posted 01:28 PM, 06/27/2008
djoseph
When "gun rights" advocates are willing to start volunteering in inner cities to help keep our neighborhoods and kids safe from violence, then I will start listening to their abstract arguments. They are nothing but self-ish, while children die. It's been shown over and over that a handgun in the home leads to far more accidental deaths of family members than to the deterence of intrduders. People who cheer this value an abstraction based on something written 230 years ago over actual families who lose children, mothers, fathers and siblings every day and who live in fear of flying bullets every day. People who cheer this hypocritically accept all kinds of restrictions on dangerous objects and substances in their lives every day yet selectively lift restrictions on guns above all else. Further, the Court case is the result of a completely artificial effort on the part of one ideologically-driven individual, not some broad, deliberate, democractic process. Robert Levy, the lawyer from the libertarian Cato Institute singlehandedly bankrolled and pushed this thing all the way to the Supreme Court to satisfy his own obsessions and, presumably, sense of importance. The first five plaintiffs that Levy searched for and propped up for this case were dismissed by the Court as lacking standing. Has Levy ever feared for his children as they played in homes where there could be guns? Does Levy live in a neighborhood where "legal" guns are easy to get and kill innocent people every day? I wonder how Levy would sleep at night if he were haunted by the sight of his child laying dead from a gun accident, as tens of thousands of parents are haunted. And how does the Cato Institute reconcile its efforts to promote more guns in the world with its mission of promoting "traditional American principles" including "peace"? And finally, how is the Cato institute which is a non-profit, tax-exempt organization allowed to engage in this kind of overtly political work?
Posted 01:28 PM, 06/27/2008
djoseph
When "gun rights" advocates are willing to start volunteering in inner cities to help keep our neighborhoods and kids safe from violence, then I will start listening to their abstract arguments. They are nothing but self-ish, while children die. It's been shown over and over that a handgun in the home leads to far more accidental deaths of family members than to the deterence of intrduders. People who cheer this value an abstraction based on something written 230 years ago over actual families who lose children, mothers, fathers and siblings every day and who live in fear of flying bullets every day. People who cheer this hypocritically accept all kinds of restrictions on dangerous objects and substances in their lives every day yet selectively lift restrictions on guns above all else. Further, the Court case is the result of a completely artificial effort on the part of one ideologically-driven individual, not some broad, deliberate, democractic process. Robert Levy, the lawyer from the libertarian Cato Institute singlehandedly bankrolled and pushed this thing all the way to the Supreme Court to satisfy his own obsessions and, presumably, sense of importance. The first five plaintiffs that Levy searched for and propped up for this case were dismissed by the Court as lacking standing. Has Levy ever feared for his children as they played in homes where there could be guns? Does Levy live in a neighborhood where "legal" guns are easy to get and kill innocent people every day? I wonder how Levy would sleep at night if he were haunted by the sight of his child laying dead from a gun accident, as tens of thousands of parents are haunted. And how does the Cato Institute reconcile its efforts to promote more guns in the world with its mission of promoting "traditional American principles" including "peace"? And finally, how is the Cato institute which is a non-profit, tax-exempt organization allowed to engage in this kind of overtly political work?
Posted 01:22 PM, 06/27/2008
t_dmanns
This issue won't drive this election cycle. If you want to own a gun, fine. Just try not to shoot me as I walk down Market St. Also, if the constitution was meant to be read verbatum like a cook book, it wouldn't mandate a judical branch to interpret it.
Comment removed.
Posted 12:34 PM, 06/27/2008
Christine
Mr. Polman: You write: Well, take a look at the ruling that overturns the D.C. handgun ban. The majority, led by Antonin Scalia, ignored the literal meaning of the Constitution. The Second Amendment has no wording whatsoever about an individual right to bear arms, or individual home-defense; the amendment talks only about the collective security of "the people," led by "a well-regulated militia." Having thus legislated from the bench, the Scalia majority threw out a law enacted by the people's elected officials. Would your reasoning that there is no "literal" or "explicit" individual right to bear arms be equally applicable in the abortion arena where there is no single amendment that has anything to do with pregnancy, and yet, out of the penumbral shadows, Blackmun plucked a right to abortion? If that is not legislating from the bench, what is? The 2A is quite clear, as Scalia and Tom from Wilmington meticulously noted. Compared to Blackmun and the liberal justices who care about 'context' (but only when it advances their agenda) Scalia is honoring the constitution. I usually think that you are a fair dealer, and at least try and give a balanced rendering of the events. This time, with all due and sincere respect, you failed miserably.
Posted 12:30 PM, 06/27/2008
mike l
I didn't know that there were liberal or conservative victories by the SC, tom. Only victories for the American people. Death for child rapists is an emotional decree. Frankly, a long, or life prison term for a child molester is more than death. The general prison population consider child molesters/rapists garbage and treat them as such. I'd much rather see them used as some guy's "bitch" for the rest of their lives.
Posted 12:22 PM, 06/27/2008
tom - wilmington, de
"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." Gee, seems like the amendment says, unlike stated in the above post, people can keep guns. This is a more explicit statement than other rulings of the court that liberals laud, such as "the right to privacy" used to support abortion rights (nowhere in the Constitution), habeus corpus rights for enemy combatants (nowhere in the Constitution), rulings based on "a consensus of states" such as Kennedy used in the death penalty for child rapist ruling. So when judges legislate from the bench by making up what the Constitition states, that is okay. But a ruling based on what the Constitution actually states, that is judicial activism? Diane Feinstein railed against the court yesterday....not mentioned in this post. Justice Stevens laughingly accused the court of creating a right where none exists (he should read some of his own opinions for an example of that). Today's post is laughable.
Posted 12:17 PM, 06/27/2008
Gibba Mang
Tom...there are "liberals" who agree with the right to bear arms as well as the right to impose reasonable limitations. I have no problem with the SC's ruling on this. And I do disgree with the SC on the decision regarding the DP for child rapists. All that being said, the Republicans have completely trashed this country over the past 7.5 years and Mr. McSame is just another 4 years of failure. Obama in '08 for change!
Posted 11:50 AM, 06/27/2008
bon
celtic: That would mean no Habeus for enemy combatants. I don't like the DC gun ban, but given the challenges we face I would be glad to exchange those two rulings. :)
Posted 11:36 AM, 06/27/2008
TomBlair
Well I notice you liberals are being pretty quiet about your Supreme Court victory yesterday - throwing out the death penalty for people who rape children.
Posted 11:34 AM, 06/27/2008
bon
Another take on Obama's triangulation: http://marcambinder.theatlantic.com/archives/2008/06/on_gun_control_obama_has_a_dif.php
Posted 11:21 AM, 06/27/2008
bon
Krauthammer noticed the same thing about the ruling. He noted that the liberal dissenters was employing the very "originalist" rhetoric that they often decry as outdated when it comes from conservatives. I, personally, love the liberal justices' use of such argumentation, but their conclusion was just wrong in this case. ----- I also beg to differ as to who provided Obama cover. It was the press, whether intentionally or unintentionally, that provided Obama cover. Not a single member of the media managed to get a straight answer out of Obama regarding the DC ban. He managed to get through two years (essentially) of campaigning for president without being forced by the press to take a position on the most important second amendment case since our country began. Obama played the press, and now he is able to triangulate his position on guns. Honestly... it is quite shameful.
Posted 11:03 AM, 06/27/2008
celtic_13
5-4 decisions should be banned. It makes for a lazy Supreme Court that only has to convince one justice to come to their conclusion, especially with the current composition of the Court. 6-3 at a minimum for issues as important as these and the others that the Court hears.
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About Dick Polman

Cited by the Columbia Journalism Review as one of the nation's top political reporters, and lauded by the ABC News political website as "one of the finest political journalists of his generation," Dick Polman is a national political columnist at the Philadelphia Inquirer. He is on the full-time faculty at the University of Pennsylvania, as "writer in residence." Dick has been a frequent guest on C-Span, MSNBC, CNN, NPR and the BBC. He covered the 1992, 1996, 2000, and 2004 presidential campaigns.

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