“The Enablers Of Death”: The NRA Has America Living Under The Gun
You might think Wayne LaPierre, executive vice president of and spokesman for the mighty American gun lobby, the National Rifle Association, has an almost cosmic sense of timing. In 2007, at the NRA’s annual convention in St. Louis, he warned the crowd that, “Today, there is not one firearm owner whose freedom is secure.” Two days later, a young man opened fire on the campus of Virginia Tech, killing 32 students, staff and teachers.
Just last week LaPierre showed up at the United Nations Conference on the Arms Trade Treaty here in New York and spoke out against what he called “anti-freedom policies that disregard American citizens’ right to self-defense.” Now at least 12 are dead in Aurora, Colorado, gunned down at a showing of the new film, “The Dark Knight Rises,” a Batman movie filled with make-believe violence. One of the guns the shooter reportedly used was an AK-47 type assault weapon that was banned in 1994. The NRA pressured Congress to let the ban run out in 2004.
Obviously, LaPierre’s timing isn’t cosmic, just coincidental and unfortunate; as Shakespeare famously wrote, the fault is not in our stars, but in ourselves. In other words, people — people with guns. There are some 300 million guns in the United States, one in four adult Americans owns at least one and most of them are men. According to the British newspaper The Guardian, over the last 30 years, “the number of states with a law that automatically approves licences to carry concealed weapons provided an applicant clears a criminal background check has risen from eight to 38.”
Every year there are 30,000 gun deaths and perhaps as many as 300,000 gun-related assaults in the U.S. Firearm violence costs our country as much as $100 billion a year. Toys are regulated with greater care and safety concerns than guns.
So why do we always act so surprised? Violence is our alter ego, wired into our Stone Age brains, so intrinsic its toxic eruptions no longer shock, except momentarily when we hear of a mass shooting like this latest in Colorado. But this, too, will pass as the nation of the short attention span quickly finds the next thing to divert us from the hard realities of America in 2012.
We are a country which began with the forced subjugation into slavery of millions of Africans and the reliance on arms against Native Americans for its westward expansion. In truth, more settlers traveling the Oregon Trail died from accidental, self-inflicted gunshots wounds than Indian attacks – we were not only bloodthirsty but also inept.
Nonetheless, we have become so gun loving, so gun crazy, so blasé about home-grown violence that far more Americans have been casualties of domestic gunfire than have died in all our wars combined. In Arizona last year, just days after the Gabby Giffords shooting, sales of the weapon used in the slaughter – a 9 millimeter Glock semi-automatic pistol – doubled.
We are fooling ourselves. Fooling ourselves that the law could allow even an inflamed lunatic to easily acquire murderous weapons and not expect murderous consequences. Fooling ourselves that the Second Amendment’s guarantee of a “well-regulated militia” be construed as a God-given right to purchase and own just about any weapon of destruction you like, a license for murder and mayhem. A great fraud has entered our history.
Maybe you remember a video you can still see on YouTube. In it, Adam Gadahn, an American born member of al Qaeda, the first US citizen charged with treason since 1952, urges terrorists to carry out attacks on the United States. Right before your eyes he says, “America is absolutely awash with easily obtainable firearms. You can go down to a gun show at the local convention center and come away with a fully automatic assault rifle without a background check, and most likely, without having to show an identification card. So what are you waiting for?”
The gunman in Colorado waited only for his opportunity. So there you have it – the arsenal of democracy has been transformed into the arsenal of death. And the NRA? The NRA is the enabler of death — paranoid, delusional and as venomous as a scorpion. With the weak-kneed acquiescence of our politicians, the National Rifle Association has turned the Second Amendment of the Constitution into a cruel and deadly hoax.
By: Bill Moyers and Michael Winship, BillMoyers.com, July 20, 2012
“Let’s Talk About Guns”: Why New Gun Control Is Not Likely To Follow Tragedy
Before the sun had even risen in Aurora, Colo., the shooting there last night had reignited the debate over gun control, with New York City Mayor Michael Bloomberg, one of the country’s most outspoken advocates of gun regulations, demanding action. While it may seem a bit crass to turn to politics so soon, it is worth asking how this could happen less than 30 minutes away from Littleton, the Colorado town where the 1999 Columbine high school massacre left a lasting scar on the state and the country for years.
While the emotional damage from Columbine may linger, its policy effects did not. After the school shooting, the state legislature, like many across the country, pushed a flight of bills aimed at making it more difficult for kids to get hold of guns. Lawmakers sought to close the “gun show loophole,” which allows people who buy guns at conventions, instead of brick-and-mortar retailers, to avoid a background check. They also aimed for a law requiring guns to be stored with trigger locks or in safes at home, and tried to increase the age someone could buy a handgun from 18 to 21.
But a year later, almost all of these bills had been shot down thanks to effective lobbying from the NRA and other gun groups. The only laws that passed were token ones the gun lobby supported, like allowing police to arrest people who knowingly purchased guns for criminals. The NRA spent $16,950 in January of 2000 alone fighting gun laws. “[It’s a] tremendous amount of money,” Pete Maysmith of Colorado Common Cause, a government watchdog group, told CBS News in February of that year. “$16,000 in one month going into the Colorado Legislature — it’s a financial arms race.”
More than a decade after Columbine, gun laws across the country are more lax than ever. Opponents of gun control say legislation wouldn’t have prevented the Columbine massacre or any other major shooting, which may be true to varying degrees, depending on the shooting. Early reports indicate the suspect in last night’s theater shooting had an AK-47-type weapon, some variants of which were outlawed under the Federal Assault Weapons Ban. That law was signed by President Clinton in 1994 but expired 10 years later and is not likely to be reauthorized.
The Washington Post’s Chris Cillizza, writes today, “If history is any guide, however, the Aurora shootings will do little to change public sentiment regarding gun control, which has been moving away from putting more laws on the books for some time.” Indeed, the experience after the Columbine shooting shows he may be right.
By: Alex Seitz-Wald, Salon, July 20, 2012
“The Republican Party Is Becoming Goofy”: Judge Richard Posner Bashes Supreme Court’s Citizens United Ruling
The American political system is marked by legal corruption in which “wealthy people essential bribe legislators” with campaign contributions, according to one of the nation’s most influential federal judges.
Speaking to foreign educators, Judge Richard Posner told the assembled that the wealthy give lots of money to legislators and that an individual legislator “knows that if he doesn’t promote the interests of the donor,” he won’t get any more money.
Posner is a renowned member of the Chicago-based Seventh Circuit Court of Appeals. He is not only the nation’s most prolific jurist-academic, he is seen by some as the most influential judge outside of the nine members of the U.S. Supreme Court.
Posner is intellectually fearless and, increasingly, far from the reflexively conservative thinker that he’s been long seen to be. In a recent National Public Radio interview, he spoke of the “real deterioration in conservative thinking” in recent years. “I’ve become less conservative since the Republican Party started becoming goofy.”
Posner has taken a poke at the high court’s controversial ruling before. But he’s taking his disdain for the decision to a broader audience. His latest comments came at a post-luncheon appearance Thursday before visiting Asian legal academics at the University of Chicago Law School, where he remains a faculty member.
Posner left no doubt about his criticism of the Supreme Court’s Citizens United campaign-finance decision. He said, “Our political system is pervasively corrupt due to our Supreme Court taking away campaign-contribution restrictions on the basis of the First Amendment.”
He also didn’t mind naming some names, in particular that of Justice Antonin Scalia, a onetime member of the law school faculty who lectured and taught at the school in February. Posner brought up the Supreme Court’s 2008 decision in District of Columbia v. Heller, affirming the right of individuals to have handguns at home for self-defense.
Posner doesn’t think the Second Amendment has anything to do with an individual’s right to bear arms, a basis of the decision for which Scalia wrote the majority opinion.
“That didn’t slow down Scalia,” Posner told his Asian listeners. “He loves guns. He’s a hunter.”
By: James Warren, The Daily Beast, July 14, 2012
“Elected By Nobody”: Our Supreme Court Has Lost Its Honor
Once upon a time, in a place called America, there was a government with three equal branches. That America no longer exists.
One branch now rules American life.
It is the Supreme Court, and it consists of nine people elected by nobody. They rule for life. Their power is absolute.
To overrule them requires an amendment to the Constitution, a process so politically difficult, it is nigh on impossible. (The most recent amendment, the 27th, which deals with congressional salaries, took 203 years to ratify.)
Technically, the justices can be removed from office for high crimes and misdemeanors, but none ever has been.
There is no aspect of American life — from civil rights to sports, to guns, to religion, to sex — over which the justices have not exerted control.
There are no qualifications to serve on the Supreme Court.
Though the Constitution lists qualifications to become a president, a senator or a representative, none are listed for the high court. The justices need not be of a certain age or have been born in the United States or even be a citizen.
They do not have to be lawyers, though all have been. (Some, however, never went to law school.)
You could be a justice of the Supreme Court. I could. Justin Bieber, age 18 and a Canadian citizen, also could be, though Senate approval would not be likely.
The greatest power the justices have is carved into the marble of the Supreme Court Building and gilded in gold: “It is emphatically the province and duty of the Judicial Department to say what the law is.”
These are the words of John Marshall, the fourth U.S. chief justice, written in 1803. His decision established forever that the Supreme Court had the right to uphold or strike down laws passed by Congress.
Nowhere in the Constitution is the Supreme Court given this power. The Supreme Court took it in a 4-0 decision. (There were only six members on the court at the time and two were sick.)
The Supreme Court would, over its history, come up with some terrible decisions countenancing slavery, locking up Japanese-American citizens in camps, supporting “separate but equal” segregation and approving the forced sterilization of the mentally ill.
But these were anomalies. Overall, the court would help create a vibrant and free society where citizens could live under the rule of law, where nobody was above the law and where equal rights were promised to all.
For much of modern times, the court has been seen as being above politics. This was very important as a balance to its vast power. Even though justices were appointed by political presidents and approved by political senators, their own politics was to be suppressed.
We realized they were human beings with political opinions, but we expected them to put those opinions aside.
And then came 2000 and the court’s 5-4 decision that made George W. Bush the president of the United States. The decision was nakedly political. “The case didn’t just scar the Court’s record,” Jeffrey Toobin wrote in The New Yorker, “it damaged the Court’s honor.”
Its honor has never fully recovered. Our current court is led by Chief Justice John Roberts, who was appointed by Bush in 2005 after having worked on Bush’s behalf in Florida in 2000.
The signature of the Roberts Court, Toobin wrote, has been its eagerness to overturn the work of legislatures. This is hardly conservative doctrine but today, politics trumps even ideology. In Citizens United v. Federal Election Commission, the court “gutted the McCain-Feingold campaign-finance law” which amounted to “a boon for Republicans.”
“When the Obama health-care plan reaches the high court for review,” Toobin predicted 18 months ago, “one can expect a similar lack of humility from the purported conservatives.”
At this writing, I do not know how a majority of the justices will rule on Obama’s health care plan, which was passed into law by Congress. Two branches of government have spoken, but their speech is but a whisper compared with the shout of our high court.
The die was cast in 2000. And it would take the most dewy-eyed of optimists to expect the court’s decision to be anything other than political.
Justice John Paul Stevens, now retired, wrote in his dissent in Bush v. Gore in 2000: “Although we may never know with complete certainty the identity of the winner of this year’s Presidential election, the identity of the loser is perfectly clear. It is the Nation’s confidence in the judge as an impartial guardian of the rule of law.”
That is a lot to lose. But we have lost it. And getting it back may be a long time in coming.
By: Roger Simon, Politico, June 27, 2012
“What If Congress Forced You To Buy A Gun?: George Washington’s Individual Mandates
Eric Spiegelman has an interesting post on how the legal establishment got the individual mandate so wrong. In it, he writes:
How far can the definition of Congress’ enumerated powers be stretched? As Justice Scalia asked during oral arguments: if Congress can force you to buy health insurance, can they also force you to buy broccoli? The question I like to ask is: what if Congress forced you to buy a gun?
But Congress has forced Americans to buy guns. It’s in the Militia Acts of 1792. The relevant section is a bit lengthy, so I’ve bolded the key parts:
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That each and every free able-bodied white male citizen of the respective states, resident therein, who is or shall be of the age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia by the captain or commanding officer of the company, within whose bounds such citizen shall reside, and that within twelve months after the passing of this act. And it shall at all times hereafter be the duty of every such captain or commanding officer of a company to enrol every such citizen, as aforesaid, and also those who shall, from time to time, arrive at the age of eighteen years, or being of the age of eighteen years and under the age of forty-five years (except as before excepted) shall come to reside within his bounds; and shall without delay notify such citizen of the said enrolment, by a proper non-commissioned officer of the company, by whom such notice may be proved. That every citizen so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch with a box therein to contain not less than twenty-four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball: or with a good rifle, knapsack, shot-pouch and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder; and shall appear, so armed, accoutred and provided, when called out to exercise, or into service, except, that when called out on company days to exercise only, he may appear without a knapsack.
Now, you could argue that this was not done under the Commerce Clause. But as Yale’s Akhil Reid Amar says, “the law shows that George Washington, who signed the law, thought that purchase-mandates were not intrinsically improper. If Congress can regulate a ‘well-regulated’ militia with a mandate, why can’t Congress regulate interstate commerce the same way?”
Incidentally, that’s not the only time an early congress mandated that Americans purchase privately sold products:
In 1790, the very first Congress—which incidentally included 20 framers—passed a law that included a mandate: namely, a requirement that ship owners buy medical insurance for their seamen. This law was then signed by another framer: President George Washington. That’s right, the father of our country had no difficulty imposing a health insurance mandate.[…]
Six years later, in 1798, Congress addressed the problem that the employer mandate to buy medical insurance for seamen covered drugs and physician services but not hospital stays. And you know what this Congress, with five framers serving in it, did? It enacted a federal law requiring the seamen to buy hospital insurance for themselves. That’s right, Congress enacted an individual mandate requiring the purchase of health insurance. And this act was signed by another founder, President John Adams.
That’s from Einer Elhauge, a professor at Harvard Law, who continues, “not only did most framers support these federal mandates to buy firearms and health insurance, but there is no evidence that any of the few framers who voted against these mandates ever objected on constitutional grounds. Presumably one would have done so if there was some unstated original understanding that such federal mandates were unconstitutional.”
Also of note: unlike the mandate to buy muskets, the maritime mandates were exercised under the Commerce Clause.
By: Ezra Klein, The Washington Post Wonkblog, June 26, 2012
Share This Blog
Unknown Feed- An error has occurred; the feed is probably down. Try again later.
mykeystrokes.com 