Tag Archives: gun-control

The 2nd Amendment Says a Lot More Than the ‘Right to Bear Arms’—And the True History of It Will Blow Right-Wing Minds The Founding Fathers weren’t advocating for mass shootings.

Many politicians, especially those on the Right, pretend they are strictly adhering to the U.S. Constitution when they often are just making the founding document mean whatever they want – but perhaps nowhere is that as dangerous as with their make-believe Second Amendment.

In the wake of Sunday’s mass shooting in Las Vegas—where one individual firing from a high-rise hotel murdered 58 people and wounded more than 500 at a country music festival—we are told that the reason the United States can’t do anything to stop this sort of carnage is the Second Amendment’s “right to bear arms.”

“Gun rights” advocates insist that pretty much any gun control violates the design of the Constitution’s Framers and thus can’t be enacted no matter how many innocent people die.

Some on the Right, as well as some on the Left, even claim that the Founders, as revolutionaries themselves, wanted an armed population so the people could rebel against the Republic, which the U.S. Constitution created. But the Constitution’s Framers in 1787 and the authors of the Bill of Rights in the First Congress in 1789 had no such intent.

Arguably other individuals disconnected from the drafting of those documents may have harbored such radical attitudes (at least rhetorically), but the authors didn’t. In fact, their intent was the opposite.

The goal of the Second Amendment was to promote state militias for the maintenance of order at a time of political unrest, potential slave revolts and simmering hostilities with both European powers and Native Americans on the frontiers. Indeed, the amendment’s defined purpose was to achieve state “security” against disruptions to the country’s new republican form of government.

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.”

In other words, if read in context, it’s clear that the Second Amendment was enacted so each state would have the specific right to form “a well-regulated militia” to maintain “security,” i.e., to put down armed disorder and protect its citizens.

In the late Eighteenth Century, the meaning of “bearing” arms also referred to a citizen being part of a militia or army. It didn’t mean that an individual had the right to possess whatever number of high-capacity killing machines that he or she might want. Indeed, the most lethal weapon that early Americans owned was a slow-loading, single-fired musket or rifle.

No Anarchists

Further to the point, both the Constitution and the Bill of Rights were the work of the Federalists, who—at the time—counted James Madison among their ranks.

And whatever one thinks about the Federalists, who often are criticized as elitists, they were the principal constitutional Framers and the leaders of the First Congress. They constituted the early national establishment, people such as George Washington, Alexander Hamilton, Gouverneur Morris and Madison.

The Federalists feared that their new creation, a constitutional republic in an age of monarchies, was threatened by the potential for violent chaos, which is what European aristocrats predicted for the new United States. Democracy was a largely untested concept that was believed likely to fall victim to demagoguery and factionalism.

So, the Framers sought a political system that reflected the will of the citizens (the House of Representatives) but within a framework that constrained public passions (the Senate and other checks and balances). In other words, the Constitution sought to channel political disputes into non-violent competition among various interests, not into armed rebellions against the government.

The Framers also recognized how fragile the nation’s independence was and how domestic rebellions could be exploited by European powers. Indeed, one of the crises that led to the Constitutional Convention in the summer of 1787 was the inability of the old system under the Articles of Confederation to put down Shays’s Rebellion in western Massachusetts in 1786-87. Washington saw the possible hand of British agents.

So, the Federalists were seeking a structure that would ensure “domestic Tranquility,” as they explained in the Constitution’s Preamble. They did not want endless civil strife.

The whole idea of the Constitution—with its mix of voting (at least by some white male citizens), elected and appointed representatives, and checks and balances—was to create a political structure that made violence unnecessary.

So, it should be obvious even without knowing all the history that the Framers weren’t encouraging violent uprisings against the Republic that they were founding. To the contrary, they characterized violence against the constitutional system as “treason” in Article III, Section 3. They also committed the federal government to protect each state from “domestic Violence,” in Article IV, Section 4.

Putting Down Rebellion

One of the first uses of the new state militias formed under the Second Amendment and the Militia Acts, which required able-bodied men to report for duty with their own muskets, was for President Washington to lead a federalized force of militiamen against the Whiskey Rebellion, a tax revolt in western Pennsylvania in 1794.

In the South, one of the principal reasons for a militia was to rally armed whites to put down slave uprisings. On the frontier, militias fought against Native Americans over land. Militias also were called up to fight the British in the War of 1812.

But you don’t have to like or dislike how the Second Amendment and the Militia Acts were used to recognize how the Framers intended these legislative provisions to be used.

The Second Amendment was meant to maintain public order, even an unjust order, rather than to empower the oppressed to take up arms against the government. That latter idea was a modern reinterpretation, a distortion of the history.

The revisionists who have transformed the meaning of the Second Amendment love to cite provocative comments by Thomas Jefferson, such as a quote from a 1787 letter criticizing the Constitution for its commander-in-chief provisions.

Jefferson argued that violence, like Shays’s Rebellion, should be welcomed. He wrote, “The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. It is it’s [sic] natural manure.”

Jefferson, of course, was a world-class hypocrite who rarely believed what he was saying or writing. He crafted noble words, like “all men are created equal, … endowed, by their Creator, with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness,” but he was a major slaveholder who raped at least one and likely more slave girls and had slave boys whipped.

He also was never willing to risk his own blood as that “natural manure” of liberty. During the Revolutionary War when Benedict Arnold led a force of Loyalists against Richmond, Jefferson, who was then Virginia’s governor, fled the capital. Later, when British cavalry approached Charlottesville and his home of Monticello, Gov. Jefferson again took flight.

But more to the point, Jefferson was not a delegate to the Constitutional Convention, nor was he in the First Congress, which produced the Second Amendment. In other words, it’s a historical error to cite Jefferson in any way as speaking authoritatively about what the Framers intended with the Constitution and the Bill of Rights. He was not directly involved in either.

A Collective Right

The real history of the Second Amendment was well understood both by citizens and courts in the generations after the Constitution and Bill of Rights were enacted. For most of the years of the Republic, the U.S. Supreme Court interpreted the Second Amendment as a collective right, allowing Americans to participate in a “well-regulated Militia,” not an individual right to buy the latest weaponry at a gun show or stockpile a military-style arsenal in the basement.

It’s true that many Americans owned a musket or rifle in those early years especially on the frontier, but regulations on munitions were still common in cities where storing of gunpowder, for instance, represented a threat to the public safety.

As the nation spread westward, so did common-sense restrictions on gun violence. Sheriffs in some of the wildest of Wild West towns enforced gun bans that today would prompt a recall election financed by the National Rifle Association.

However, in recent decades — understanding the power of narrative on the human imagination — a resurgent American Right (and some on the Left) rewrote the history of the Founding era, dispatching “researchers” to cherry-pick or fabricate quotes from Revolutionary War leaders to create politically convenient illusions. [See, for instance, Steven Krulik’s compilation of apocryphal or out-of-context gun quotes.]

That bogus history gave rise to the image of the Framers as wild-eyed radicals – Leon Trotskys of the Eighteenth Century – encouraging armed rebellion against their own Republic. Rather than people who believed in the rule of law and social order, the Framers were contorted into crazies who wanted citizens to be empowered to shoot American police, soldiers, elected representatives and government officials as agents of “tyranny.”

This false history was advanced particularly by the American Right in the last half of the Twentieth Century as a kind of neo-Confederate call to arms, with the goal of rallying whites into a near-insurrectionary fury particularly in the South but also in rural areas of the North and West.

In the 1950s and 1960s, some white Southerners fancied themselves an armed resistance against the tyrannical federal government as it enforced laws on racial integration and other supposed infringements on “states’ rights.” In the 1990s, armed “citizens militias” began to pop up in reaction to the election of Democrat Bill Clinton, culminating in the Oklahoma City bombing of 1994.

While designed primarily for the weak-minded, the Right’s faux Founding history also had an impact on right-wing “intellectuals” including Republican lawyers who worked their way up through the federal judiciary under Ronald Reagan, George H.W. Bush, George W. Bush, and now Donald Trump.

By 2008, these right-wing jurists held a majority on the U.S. Supreme Court and could thus overturn generations of legal precedents and declare that the Second Amendment established an individual right for Americans to own guns. Though even these five right-wing justices accepted society’s right to protect the general welfare of the population through some gun control, the Supreme Court’s ruling effectively “validated” the Right’s made-up history.

The ruling created a political dynamic to which even liberals in national politics — the likes of Barack Obama and Joe Biden — had to genuflect, the supposed Second Amendment right of Americans to parade around in public with guns on their hips and high-powered semi-automatic rifles slung over their shoulders.

What the Framers Wanted?

As guns-right activists struck down gun regulations in Congress and in statehouses across the nation, their dominant argument was that the Second Amendment offered no leeway for restrictions on gun ownership; it’s what the Framers wanted.

So, pretty much any unstable person could load up with a vast killing capacity and slouch off to a bar, to a work place, to a church, to a school or to a high-rise Las Vegas hotel and treat fellow Americans as targets in a real-life violent video game. Somehow, the right to life, liberty and the pursuit of happiness was overtaken by the “right” to own an AR-15 with a 30-or-100-bullet magazine.

When right-wing politicians talk about the Second Amendment now, they don’t even bother to include the preamble that explains the point of the amendment. The entire amendment is only 26 words. But the likes of Sen. Ted Cruz, R-Texas, find the preamble inconvenient because it would undercut their false storyline. So they just lop off the first 12 words.

Nor do they explain what the Framers meant by “bear arms.” The phrase reflected the reasoning in the Second Amendment’s preamble that the whole point was to create “well-regulated” state militias to maintain “security,” not to free up anybody with a beef to kill government officials or citizens of a disapproved race or creed or just random folks.

So, even after the massacre of 20 first-graders and six educators in Newtown, Connecticut, in December 2012, Fox News personality Andrew Napolitano declared: “The historical reality of the Second Amendment’s protection of the right to keep and bear arms is not that it protects the right to shoot deer. It protects the right to shoot tyrants, and it protects the right to shoot at them effectively, with the same instruments they would use upon us.”

At the time, the clear message from the Right was that armed Americans must confront the “tyrannical” Barack Obama, the twice-elected President of the United States (and the first African-American to hold that office) especially if he pressed ahead seeking common-sense gun restrictions. But Napolitano was simply wrong on the history.

Another dubious argument from the gun-rights lobby was that armed citizens could take down a gunman and thus stop a mass shooting before it became a full-fledged massacre.

But a gunfight among largely untrained civilians would likely add to the slaughter, not stop it. For instance, a 2012 mass shooting occurred in a darkened theater in Aurora, Colorado. Does anyone logically think that a bunch of terrified gun carriers exchanging fire in such a situation – not knowing who the original shooter was – would solve the problem?

And how about Sunday’s massacre in Las Vegas where the shooter positioned himself on the 32nd floor of the Mandalay Bay Hotel and fired down on a packed concert venue, a substantial distance away?

Assuming that the concertgoers were armed and tried to defend themselves, they would likely have ended up shooting other innocent concertgoers because of the initial confusion as to where the shooter was positioned. That would have further complicated the challenge to police who could have mistakenly opened fire on armed people in the crowd rather than locate and stop the original killer as he kept firing from his sniper’s perch. In other words, the horrific death toll could have been even higher.

To pretend that such carnage was the intent of the Constitution’s Framers, who wrote about achieving “domestic Tranquility,” or the goal of the First Congress, which drafted the Second Amendment to promote “the security of a free State,” is intellectually dishonest and a true threat to the lives of American citizens.

By Robert Parry/AlterNet

Posted by The NON-Conformist

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Guns and Profit – Why We’ll Do Absolutely Nothing New After This Las Vegas Shooting

Wake up, America.

We are not the land of the brave or the home of the free.

We are the land of the gun and the home of the free market.

Stephen Paddock’s killing spree last night in Las Vegas will not change anything – except the bottom line for numerous gun manufacturers.

Ca-ching, people!

Scores of American companies are going to clean up over this!

That’s what happens every time we get a high profile mass shooting.

Not new gun regulation. Not additional services for the mentally ill. Not stricter guidelines against fake news on social media.

More from Common Dreams

Posted by Libergirl

NRA head wants to debate Obama on guns … a week after skipping Obama town hall on guns

 

Image: Reuters

A week after refusing to participate in a town hall event at which President Obama responded to both allies and opponents on gun issues, the National Rifle Association is posturing about wanting to debate Obama. “I’ll meet you, for a one-on-one, one-hour debate,“ Wayne LaPierre, the gun lobby group’s president, says over ominous music in a belligerent video. His proposal for the debate involves:

… a mutually agreed-upon moderator, on any network that will take it. No prescreened questions and no gasbag answers. Americans will judge for themselves who they trust, and believe, on this issue. You, or the NRA.

More from Daily Kos

Posted by Libergirl

California man ranting about Obama’s gun action opens fire on apartments before cops shoot him dead

Image: Raw Story

A California man apparently upset by President Barack Obama’s executive action on gun control opened fire on an apartment complex before police shot him dead.

Witnesses called 911 about 6 p.m. Tuesday to report the man, whose name has not been released, firing indiscriminately at the apartment building in Redding, reported the Record Searchlight.

Kathy Lunsford, who lives in the building, said the man grabbed her and pulled her into his apartment before he started shooting.

“As soon as he shut the door, he hugged me and he kissed me on the forehead,” said Lunsford, who had spoken to the gunman before but said they were not friends.

She said her neighbor then fired at another man, and she begged him to stop.

“He was aiming at a guy, and then he just got sloppy — he was shooting everywhere,” Lunsford said.

More from the Raw Story

 

Posted by the NON-Conformist

The Second Amendment must go: We ban lawn darts. It’s time to ban guns

 

We are one nation, forever f*cked by the NRA and an outdated and dangerous read of the Constitution. Let’s fix it

Image: CBS New York

Our youngest son just transitioned from crib to bed. Since we don’t plan to have any more children, we decided to sell the crib, a hand-me-down from his older brother. It’s a nice, well-made crib, made from real wood and bought from a reliable company. We could easily resell it for a handsome price, but we found out a few weeks ago that we can’t. It’s a drop side crib, and unbeknownst to us the Consumer Product Safety Commission (CPSC) banned the manufacture, sale, and resale of drop-sides in 2010, even though individuals can unadvisedly still use them. Drop-sides were responsible for more than 30 infant and toddler deaths in the decade prior to their ban, along with thousands of injuries. We hadn’t realized that our kid had been sleeping and playing in a death trap.

 A few accidental deaths are often enough to ban certain items, or at the very least recall them, and often without much fanfare. It’s strange that we don’t have the same reaction to guns. Guns have killed many more infants and toddlers than drop-side cribs, not to mention older children, adolescents, and adults. Guns have killed many more than a host of other objects not originally designed to kill. Remember lawn darts? The CPSC banned the sale of the metal-tipped ones after three deaths and numerous serious injuries.
Yet when it comes to guns, we collectively do nothing, except spout off some strained political rhetoric every now and then, that is, after the most recent mass shooting. [Add in prayer here.] Or we dig in and cite our constitutional right to bear arms, which apparently trumps death, even the death of children. There’s a lot of room for debate regarding the meaning of the second amendment. I doubt very much that our “founding fathers” envisioned that right in its current form, but even if they did, it really shouldn’t matter. The framers of the constitution weren’t gods, meaning that their words aren’t—and shouldn’t be—sacrosanct.
Posted by the NON-Conformist

DO NOTHING Republicans say no to new gun control legislation after San Bernardino

Republicans in Congress made it clear yesterday that they will not be moving quickly to bring up new gun control legislation in the wake of Wednesday’s shootings in San Bernardino, Calif.

 

AP PLANNED PARENTHOOD SHOOTING A USA CO
Image: AP

Speaker Paul Ryan said Thursday there are still too many unknowns about the San Bernardino shootings, but he said one common theme among many mass shootings is mental illness, an issue he says Congress has already been working on with legislation.

“People with mental illness are getting guns and committing these mass shootings,” Ryan said on CBS This Morning. Ryan made the same point earlier this week in reaction to the post-Thanksgiving shooting at a Colorado Planned Parenthood clinic.

More from USA Today and this

 

Posted by Libergirl…Now they f’ing want to focus on mental health…they are useless…..arghhhhh!!!!

 

A criminologist explains six things Americans should know about mass shootings

America has experienced yet another mass shooting.

As a criminologist, I have reviewed recent research in hopes of debunking some of the common misconceptions I hear creeping into discussions that spring up whenever a mass shooting occurs.

#1: More guns don’t make you safer

A study I conducted on mass shootings indicated that this phenomenon is not limited to the United States.

Mass shootings also took place in 25 other wealthy nations between 1983 and 2013, but the number of mass shootings in the United States far surpasses that of any other country included in the study during the same period of time.

The US had 78 mass shootings during that 30-year period.

The highest number of mass shootings experienced outside the United States was in Germany – where seven shootings occurred.

In the other 24 industrialized countries taken together, 41 mass shootings took place.

In other words, the US had nearly double the number of mass shootings than all other 24 countries combined in the same 30-year period.

More from The Raw Story

Posted by The NON-Conformist