Archive for the ‘Second Amendment’ Category

John Paul Stevens: Repeal the Second Amendment

During the years when Warren Burger was our chief justice, from 1969 to 1986, no judge, federal or state, as far as I am aware, expressed any doubt as to the limited coverage of that amendment. When organizations like the National Rifle Association disagreed with that position and began their campaign claiming that federal regulation of firearms curtailed Second Amendment rights, Chief Justice Burger publicly characterized the N.R.A. as perpetrating one of the greatest pieces of fraud, I repeat the word fraud, on the American public by special interest groups that I have ever seen in my lifetime.

In 2008, the Supreme Court overturned Chief Justice Burgers and others long-settled understanding of the Second Amendments limited reach by ruling, in District of Columbia v. Heller, that there was an individual right to bear arms. I was among the four dissenters.

That decision which I remain convinced was wrong and certainly was debatable has provided the N.R.A. with a propaganda weapon of immense power. Overturning that decision via a constitutional amendment to get rid of the Second Amendment would be simple and would do more to weaken the N.R.A.s ability to stymie legislative debate and block constructive gun control legislation than any other available option.

That simple but dramatic action would move Saturdays marchers closer to their objective than any other possible reform. It would eliminate the only legal rule that protects sellers of firearms in the United States unlike every other market in the world. It would make our schoolchildren safer than they have been since 2008 and honor the memories of the many, indeed far too many, victims of recent gun violence.

An earlier version of a picture caption with this article misidentified the 18th-century firearm depicted. It is a musket, not a rifle.

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John Paul Stevens: Repeal the Second Amendment

Democrat suggests ‘Second Amendment’ remedy vs. Trump …

A New York Democratic congressman is being accused of promoting violence against President Trump after suggesting during a town hall that citizens may have to take up arms against the president if he doesnt follow the law.

I mean, this is where the Second Amendment comes in quite frankly, because you know, what if the president was to ignore the courts? What would you do? What would we do? Rep. Tom Suozzi, D-N.Y., said during a March 12 Q&A session with constituents in Huntington, on Long Island.

Its really a matter of putting public pressure on the president, he said.

The exchange was captured on a Facebook Live stream.

New York Democratic Rep. Tom Suozzi made the "Second Amendment" comment about Trump during a March 12 town hall meeting.(Screengrab from Facebook Live video)

After Suozzi referenced the Second Amendment, a constituent asked him to explain the amendment.

The Second Amendment is the right to bear arms, the Democrat said. Thats why we have it.

Republicans are accusing Suozzi of promoting violence.

"I mean, this is where the Second Amendment comes in quite frankly," said New York Democratic Rep. Tom Suozzi.

"When resistance and obstruction don't work out, Tom Suozzi proposes violence, National Republican Congressional Committee spokesman Chris Martin said in a statement. He's completely out of touch."

A spokesperson for Suozzi denied that the congressman was calling for "armed insurrection" against Trump.

Taking a page from such great Americans as Thomas Jefferson, James Madison and Alexander Hamilton, Congressman Suozzi explained why our founding fathers created the Second Amendment as a way for citizens to fight back against a tyrannical government that does not follow the rule of law,"senior adviser Kim Devlin said in a Monday statement to Fox News.

Devlin added: "To suggest his comments meant anything else or that he was advocating for an armed insurrection against the existing president is both irresponsible and ridiculous.

Suozzi made the comment about the Second Amendment when a constituent asked him a question about Trump and the United States constitutional system of checks and balances.

Suozzi predicted the issue could be going to the courts as well.

Suozzi, who served as Nassau County executive from 2002 to 2009, was elected to Congress in 2016 and is seeking re-election this fall.

Alex Pappas is a politics reporter at FoxNews.com. Follow him on Twitter at @AlexPappas.

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Second Amendment: AR-15 needed as defense against …

More than 1 million people are expected to attend the March for Our Lives in Washington D.C. hoping for changes to gun regulations and school safety. USA TODAY

Hundreds of gun supporters rally at the New Hampshire Statehouse in Concord, N.H., Jan. 19, 2013.(Photo: Jim Cole, AP)

ANNAPOLIS, Md. The crowded room exploded in thunderous cheers and applause. Abill to make it a felony to possess gun magazines larger than 10 rounds had just been unexpectedly killed by its sponsorin the middle of debate before the Maryland House of Delegates Judiciary Committee after it was met with rancor by the audience and opposing delegates.

It was a powerful display of the continued influenceof politically active gun ownersmere weeks since new national calls for gun control were sparked by the killing of 17 people in Parkland, Fla.

America has seen a number of mass shootings in the past year:Las Vegas. Sutherland Springs. Stoneman Douglas. In those three instances, the shooter used AR-15 platform rifles.The shooters in Las Vegas and Sutherland Springs used the high-capacity magazines the defeated Maryland bill sought to outlaw.

More: Why the AR-15 keeps appearing at America's deadliest mass shootings

Most Americans who planto march on Washington Saturdayagainst gun violencedon't believe that private citizens should ownhigh-capacity semi-automatic rifles. They don't understand whatmany gun rights defenders see asthe heart of the Second Amendment:The defense against a tyrannical government.

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In recent debates, gun rights activists have offered a number of defenses of what gun control advocates call assault weapons, from the rifles not being more deadly than other firearms to illegalization leaving them only in the hands of criminals. The tyranny argument is often overlooked by people whoassume this argument is limited to people on the extreme, militia-end of the gun rights spectrum. But it's become common among gun owners and mainstream conservative figures.

Shannon Alford, the National Rifle Association's Maryland liaison, was among thescores of people who came tothe state House of Delegates on March 6 to offer feedback ona number of gun-related pieces of legislation being consideredafter the Parkland shooting.

"The Second Amendment is not about hunting," Alford toldUSA TODAY."It is not about competitiveshooting. The Second Amendment is about self-defense. It's about being able to stop people who would do you harm, whether that's a criminal or the government."

That NRA position has been repeated almost word for word by several well-known conservative figures in recent years.

"The 2nd Amendment to the Constitution isnt for just protecting hunting rights, and its not only to safeguard your right to target practice," Sen. Ted Cruz, R-Texas, said in a fundraising letter for his 2016 presidential campaign. "It is a Constitutional right to protect your children, your family, your home, our lives, and to serve as the ultimate check against governmental tyranny for the protection of liberty."

Conservative blogger Erick Erickson said the Second Amendment, "contrary to much of todays conversation, has just as much to do with the people protecting themselves from tyranny as it does burglars." And Erickson believes that is the main reason gun control advocates don't understand the need for high-capacity semi-automatic firearms.

That is why there is so little common ground about assault rifles even charitably ignoring the fact that there really is no such thing. If the 2nd Amendment is to protect the citizenry from even their own government, then the citizenry should be able to be armed ...

You may think a 30 round magazine is too big. Under the real purpose of the second amendment, a 30 round magazine might be too small.

Adam Winkler, a constitutional law professor at UCLA, called the idea that a right to fight against government tyranny is enshrined in the Bill of Rights the "insurrectionist theory" of the Second Amendment. (So named because an insurrectionist is someone who takes part in an armed rebellion.)

"That insurrectionist theory used to be a fringe theory of the Second Amendment but its become much more mainstream," said Winkler, the author of Gunfight: The Battle over the Right to Bear Arms in America.

Winkler attributed the surge in the theory's popularity to the increasingly extreme language used by the National Rifle Association and "a desire to frame the Second Amendment in a way that will protect military-style assault rifles."

More: Donald Trump delivers 100 days of 2nd Amendment victories: Chris Cox

If the insurrectionist theory is accepted, then efforts to ban semi-automatic rifles like the AR-15would be unconstitutional because those weapons would be exactly what Americans would "need to fight back against the government," Winkler said.

While Winkler agrees the Second Amendment "has the happy impact of deterring tyranny because the citizenry is armed," he does not believe the Founding Fathers intended to "give the people the right to rise up against the government."

"The Framers understood the right to bear arms as an individual right, but it wasnt a right to stage a revolution," Winkler said. "The Constitution doesnt provide the seeds for its own destruction."

In addition to a questionable legalfoundation, the insurrectionist theory of the Second Amendment often doesn't resonate well with the general public, particularly when politicians and public figures hint at it.

During her failed2010 Senate campaign, Nevada Republican and tea party favorite Sharron Angle was widely deridedfor saying the Founding Fathers included the Second Amendment in the Constitution "for the people to protect themselves against a tyrannical government."

Angle said people were "really looking toward those Second Amendment remedies" as a response to the then-Democratically controlled Congress, which many people interpreted as a suggestion that armed insurrection might be necessary.

More: Second Amendment law lessons: Look beyond the courts for freedom

During the 2016 campaign, President Trump took heat for suggesting that "Second Amendment people" might be able to do something about Hillary Clinton if she won the election.

Donald Trump made some controversial remarks regarding his opponent Hillary Clinton and the Second Amendment, causing quite an uproar on social media.

And U.S. Rep. Tom Suozzi, D-N.Y., was criticized for seeming to suggest during a March 12 town hall that armed insurrection could be necessary if Trump ignores the law.

"This is where the Second Amendment comes in quite frankly, because you know, what if the president was to ignore the courts? What would you do? What would we do?"Suozzi said.

More: Democratic congressman suggests Second Amendment solution for Trump

For most Americans, even those who believe in the right to insurrection, the notion of rising up against the government remains a very far-fetched scenario.

Jeff Hulbert, the founder of the Maryland gun rights groupPatriot Picket, was one of the people who came to the Maryland House of Delegates to voice his concern about the proposed gun control legislation.

Hulbert believes thatgun ownership is a "checks and balances issue for anybody who reveres our democratic republic." Buthe compares his right to take up arms in case of the government reaching what he calls an "intolerable" situation to a fire extinguisher kept in case of a possible emergency.

"Its simply there," Hulbert said. "Its been written into the structure for a reason, but it doesnt mean that its activated every election cycle."

Hulbert said there are "four boxes" that can be employed to resist the government: the ballotbox, the soap box, the jury box and, lastly, the ammo box.

"Nobody I know believes that we have reached the end of the line for the four boxes," Hulbert said. "Were at the level of fear-mongering when we talk about the tyrannical overthrow of a government because our election cycles have seemed to work pretty well."

Hulbert's fellow Patriot Picket member Jim McGuire agreed.

"If we were close to the tipping point, these people and us, we wouldnt be here," McGuire said. "We have the opportunity to speak our minds and have our voices heard and participate in the legislative process. Its still working. If this place was empty, Id be worried."

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Second Amendment: AR-15 needed as defense against ...

Congressman suggests Second Amendment as means of opposing …

A Democratic congressman from Long Island implied that Americans should grab weapons and oppose President Trump by force, if the commander-in-chief doesnt follow the Constitution.

Rep. Tom Suozzi made the remark to constituents at a town hall last week, saying that folks opposed to Trump might resort to the Second Amendment.

Its really a matter of putting public pressure on the president, Suozzi said in a newly released video of the March 12 talk in Huntington. This is where the Second Amendment comes in, quite frankly, because you know, what if the president was to ignore the courts? What would you do? What would we do?

A listener then blurts out, Whats the Second Amendment?

The left-leaning Democrat says, The Second Amendment is the right to bear arms.

The spectators laughed some nervously. Republicans were not amused.

This video is incredibly disturbing. Its surreal to watch a sitting member of Congress suggest that his constituents should take up arms against the president of the United States, said National Republican Campaign Committee spokesman Chris Martin.

Suozzi political adviser Kim Devlin denied the pol was advocating for an armed insurrection.

But the Suozzi campaign at the same time seemed to double down on the comments, as they forwarded a line penned by Thomas Jefferson that called for armed resistance.

What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance. Let them take arms, the quote said.

Suozzis comment seems to conflict with his recent push for gun control following the Parkland, Florida, school shooting.

Suozzi even participated in the March 14 student walkout for gun control outside the US Capitol and called on the young people of his district to back tightened gun laws.

I think we should engage the high school students of #NY03, and all of Long Island, to promote gun violence prevention legislation, he said in a Feb. 21 tweet.

Trump himself has in the past used language similar to Suozzis. During the 2016 campaign, he told a crowd at a rally in North Carolina that if Hillary Clinton were elected and able to nominate a Supreme Court justice, there would be nothing that gun supporters could do. He then added: Although the Second Amendment people maybe there is, I dont know.

The remark was widely seen as a veiled call for violence, though Trump denied that was his meaning.

Suozzi, a first-term congressman elected in 2016, is seeking re-election this fall. He formerly served as Nassau County executive.

He is expected to easily win the Democratic primary and face GOP challenger Dan Debono, a former US Navy SEAL, in the general election.

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The Rights Second Amendment Lies Consortiumnews

From the Archive: In the wake of the latest gun massacre in the United States, we republish an article byRobert Parry debunking some of the right-wing myths about the Second Amendment that have prevented common sense gun laws.

By Robert Parry (first publishedDecember 21, 2012)

Right-wing resistance tomeaningful gun control is driven, in part, by a false notion that Americas Founders adopted the Second Amendment because they wanted an armed population that could battle the U.S. government. The opposite is the truth, but many Americans seem to have embraced this absurd, anti-historical narrative.

The reality was that the Framers wrote the Constitution and added the Second Amendment with the goal of creating a strong central government with a citizens-based military force capable of putting down insurrections, not to enable or encourage uprisings. The key Framers, after all, were mostly men of means with a huge stake in an orderly society, the likes of George Washington and James Madison.

The men who gathered in Philadelphia in 1787 werent precursors to Frances Robespierre or Russias Leon Trotsky, believers in perpetual revolutions. In fact, their work on the Constitution wasinfluencedby the experience of Shays Rebellion in western Massachusetts in 1786, a populist uprising that the weak federal government, under the Articles of Confederation, lacked an army to defeat.

Daniel Shays, the leader of the revolt, was a former Continental Army captain who joined with other veterans and farmers to take up arms against the government for failing to address their economic grievances.

The rebellion alarmed retired Gen. George Washington who received reports on the developments from old Revolutionary War associates in Massachusetts, such as Gen. Henry Knox and Gen. Benjamin Lincoln. Washington was particularly concerned that the disorder might serve the interests of the British, who had only recently accepted the existence of the United States.

On Oct. 22, 1786, in a letter seeking more information from a friend in Connecticut, Washington wrote: I am mortified beyond expression that in the moment of our acknowledged independence we should by our conduct verify the predictions of our transatlantic foe, and render ourselves ridiculous and contemptible in the eyes of all Europe.

In another letter on Nov. 7, 1786, Washington questioned Gen. Lincoln about the spreading unrest. What is the cause of all these commotions? When and how will they end? Lincoln responded: Many of them appear to be absolutely so [mad] if an attempt to annihilate our present constitution and dissolve the present government can be considered as evidence of insanity.

However, the U.S. government lacked the means torestore order, so wealthy Bostonians financed their own force under Gen. Lincoln to crush the uprising in February 1787. Afterwards, Washington expressed satisfaction at the outcome but remained concernedthe rebellion might be a sign that European predictions about American chaos were coming true.

If three years ago [at the end of the American Revolution] any person had told me that at this day, I should see such a formidable rebellion against the laws & constitutions of our own making as now appears I should have thought him a bedlamite a fit subject for a mad house, Washington wrote to Knox on Feb. 3, 1787, adding that if the government shrinks, or is unable to enforce its laws anarchy & confusion must prevail.

Washingtons alarm about Shays Rebellion was a key factor in his decision to take part in and preside over the Constitutional Convention, which was supposed to offer revisions to the Articles of Confederation but instead threw out the old structure entirely and replaced it with the U.S. Constitution, which shifted national sovereignty from the 13 states to We the People and dramatically enhanced the power of the central government.

A central point of the Constitution was to create a peaceful means for the United States to implement policies favored by the people but within a structure of checks and balances to preventradical changes deemedtoo disruptive to the established society. For instance, the two-year terms of the House of Representatives were meant to reflect the popular will but the six-year terms of the Senate were designed to temper the passions of the moment.

Within this framework of a democratic Republic, the Framerscriminalized taking up arms against the government. Article IV, Section 4committed the federal government to protect each state fromnot only invasion but domestic Violence, and treason is one of the few crimes defined in the Constitution as levying war against the United States as well asgiving Aid and Comfort to the enemy (Article III, Section 3).

But it was the Constitutions drastic expansion of federal power thatprompted strong opposition from some Revolutionary War figures, such as Virginias Patrick Henry who denounced the Constitutionand rallied a movement known as the Anti-Federalists. Prospects for the Constitutions ratification were in such doubt that its principal architect James Madison joined in a sales campaign known as the Federalist Papers in which he tried to play down how radical his changes actually were.

To win over other skeptics, Madison agreed to support a Bill of Rights, which would be proposed as the first ten amendments to the Constitution. Madisons political maneuvering succeeded as the Constitution narrowly won approval in key states, such as Virginia, New York and Massachusetts. The First Congress then approved the Bill of Rights which wereratified in 1791. [For details, see Robert Parrys Americas Stolen Narrative.]

Behind the Second Amendment

The Second Amendment dealt with concerns about security and the need for trained militias to ensure what the Constitution called domestic Tranquility. There was also hesitancy among many Framers about the costs and risks from a large standing army, thus making militias composed of citizens an attractive alternative.

So, the Second Amendment read: 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. Contrary to some current right-wing fantasies about the Framers wanting to encourage popular uprisings over grievances, the language of the amendment is clearly aimed at maintaining order within the country.

That point was driven home by the actions of the Second Congress amid another uprising which erupted in 1791 in western Pennsylvania. This anti-tax revolt, known as the Whiskey Rebellion, prompted Congress in 1792 to expand on the idea of a well-regulated militia by passing the Militia Acts which required all military-age white males to obtain their own muskets and equipment for service in militias.

In 1794, President Washington, who was determined to demonstrate the young governments resolve,led a combined force of state militias against the Whiskey rebels. Their revolt soon collapsed and order was restored, demonstrating how the Second Amendment helped serve the government in maintaining security, as the Amendment says.

Beyond this clear historical record that the Framers intent was to create security for the new Republic, not promote armed rebellions there is also the simple logic that the Framers represented the young nations aristocracy. Many, like Washington, owned vast tracts of land. They recognized that a strong central government and domestic tranquility were in their economic interests.

So, it would be counterintuitive as well as anti-historical to believe that Madison and Washington wanted to arm the population so the discontented could resist the constitutionally elected government. In reality, the Framers wanted to arm the people at least the white males so uprisings, whether economic clashes like Shays Rebellion, anti-tax protests like the Whiskey Rebellion, attacks by Native Americans or slave revolts, could be repulsed.

However, the Right has invested heavily during the last several decades in fabricating a different national narrative, one that ignores both logic and the historical record. In this right-wing fantasy, the Framers wanted everyone to have a gun so they could violently resist their own government. To that end, a few incendiary quotes are cherry-picked or taken out of context.

Thishistory has then been amplified through the Rights powerful propaganda apparatus Fox News, talk radio, the Internet and ideological publications to persuade millions of Americans that their possession of semi-automatic assault rifles and other powerful firearms is what the Framers intended, that todays gun-owners are fulfilling some centuries-old American duty.

The mythology about the Framers and the Second Amendment is, of course, only part of the fake history that the Right has created to persuade ill-informed Tea Partiers that they should dress up in Revolutionary War costumes and channel the spirits of men like Washington and Madison.

But this gun fable is particularly insidious because it obstructs efforts by todays government to enact commonsense gun-control laws and thus the false narrative makes possible the kinds of slaughters that erupt periodically across the United States, most recently in Newtown, Connecticut, where 20 schoolchildren and six teachers were murdered in minutes by an unstable young man with a civilian version of the M-16 combat rifle.

While its absurd to think that the Founderscould have even contemplated such an act in their 18th Century world of single-fire muskets that required time-consuming reloading right-wing gun advocates have evadedthat obvious reality by postulating that Washington, Madison and other Framers would have wanted a highly armed populationto commit what the Constitutiondefined as treason against the United States.

Todays American Right is drunk on some very bad history, whichis as dangerous as it is false.

Investigative reporter Robert Parry broke many of the Iran-Contra stories for The Associated Press and Newsweek in the 1980s. You can buy his new book, Americas Stolen Narrative, either in print here or as an e-book (fromAmazon and barnesandnoble.com).

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