Posts tagged with: second amendment

At the Heritage Foundation’s Foundry blog, Louisiana Gov. Bobby Jindal talks with Genevieve Wood about challenges he faces from the Obama administration on Second Amendment rights, energy development, economic freedom and religious liberty issues.

Days after the U.S. Supreme Court heard arguments in two religious liberty cases challenging an Obamacare mandate, Jindal said he found the government’s actions troubling. “America didn’t create religious liberty. Religious liberty created America,” he said. “It’s very dangerous for the federal government to presume they know better.”

Read more and download a web graphic built around Jindal’s quote on religious liberty.

Blog author: rnothstine
posted by on Thursday, February 14, 2013

800px-Statue_in_Minute_Man_National_Historical_ParkSome politicians are calling for new regulation and restrictions on firearms, but why and how does the Second Amendment strengthen liberty? In a thoughtful post at the Carolina Journal today, Troy Kickler offers this historical assessment:

What did early jurists and constitutional commentators say regarding the Second Amendment? St. George Tucker in View of the Constitution of the United States (1803), the first systematic commentary on the Constitution after its ratification, describes the Second Amendment to be “the true palladium of liberty.”

As the preservation of the statue of Pallas in mythological Troy — the Palladium — needed to be protected for the ancient city’s preservation, so the Virginian believed that the amendment ensured liberty’s protection in the United States. If the nation had a “standing army” — Revolutionary era-Americans’ description for a full-time, professional army — while individual Americans were denied the “right to keep and bear arms,” then “liberty, if not already annihilated,” Tucker wrote, “is on the brink of destruction.”

To Tucker, the Second Amendment is the linchpin that ensures the existence of all the other liberties.

Tucker was not alone. Although U.S. Supreme Court Justice Joseph Story believed the national government should have more authority than did Tucker, both jurists interpreted the Second Amendment as liberty’s safeguard. In 1833, Story noted in his influential Commentaries of the Constitution: “The right of the citizens to keep and bear arms has justly been considered as the palladium of the liberties of the republic, since it offers a strong moral check against the usurpation and arbitrary power of rulers, and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them.”

These jurists repeated a widespread interpretation that had been practiced by the states. The first state constitutions — which remained unaltered and in effect after the Constitution’s ratification — protected individual rights to possess and bear arms and allowed for a state militia.

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Blog author: sstanley
posted by on Wednesday, January 16, 2013

Ray Nothstine, managing editor of Religion & Liberty, was recently on Relevant Radio with Drew Mariani to discuss the issue of gun control.  According to the Chicago Tribune:

President Barack Obama unveiled a sweeping plan to reduce gun violence…that would require criminal background checks for all gun sales and a ban on military-style assault weapons. Obama also proposed an end to high-capacity ammunition clips, instead limiting clips to 10 rounds, according to details of the plan released by the White House. He would also toughen laws aimed at reducing gun trafficking.

Nothstine and Mariani discuss the recent executive actions regarding gun control and the reasonableness of restrictions. During the interview the dangers of increasing government authority arises and Nothstine asks, “how much can we really trust a government that doesn’t trust us in our own capacity for self government?” He addresses this point more fully in a recent blogpost:

We as a people need to again ask those fundamental questions about our capability for self government. When it comes to the 2nd Amendment or the entirety of our Bill of Rights, should we trust a government that is already hedging and placing limits on trusting us, when in fact, it was entirely meant to be the other way around?

Listen to the full interview here:

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In this week’s Acton Commentary, I explore the differing mainstream cultural views of gun rights and abortion in the United States and Europe. The point of departure is last month’s Supreme Court decision in DC v. Heller (07-290) striking down the District’s handgun ban (SCOTUSblog round-up on the decision here).

In “Guns, Foreign Courts, and the Moral Consensus of the International Community,” I write that the “tendency to invoke foreign jurisprudence is becoming more troubling as it becomes clearer that the moral consensus that once united Western nations has almost entirely broken down.”

As Paul J. Cella commented on a number of related stories at home and abroad, “We are only a tendentious opinion from one of the Liberal Usurpers on the Court, or their creature Kennedy, under the spell of the New York-DC elite adulation — one tendentious opinion citing foreign law, or sweet mystery of life, or mystical evolving standards, away from the same tyranny that would send the homeowner who defends his wife against thugs to jail, while showering the thugs with sympathy.”

At the same time the Court was deciding Heller, it ruled “that imposing the death penalty for child rape violates the Eight Amendment’s ban on cruel and unusual punishment.” La Shawn Barber has details on the difficulties surrounding that decision, but in relation to the topic of my commentary I want to point out that the EU Constitution in its original form as circulated for ratification in 2004, under Article II-62, titled “Right to life,” held in part, “No one shall be condemned to the death penalty, or executed.” At the same time this article made no explicit or special mention of abortion.

For more insight into the disconnect between the UN/EU on the one side and the US on the other over gun rights, see Kenneth Anderson’s illuminating post, “International Gun Control Efforts?” (HT: The Volokh Conspiracy).

As Mike Huckabee was wont to say, we wouldn’t have the First Amendment without the Second. And if guns are outlawed, only outlaws will have knives (that explode?!).