Showing posts with label Newtown. Show all posts
Showing posts with label Newtown. Show all posts
Tuesday, April 30, 2013
Can the Government Ban Assault Weapons? Constitutional Experts Weigh In
Since the shootings in Newtown, Connecticut, one of the major responses has been to increase restrictions on gun rights, presumably to reduce the probability that a mass shooting will take place.
But what if their proposed methods for doing so are unconstitutional? That’s the argument advanced by some experts on constitutional law, who argue that the landmark cases of District of Columbia v. Heller and McDonald v. Chicago protect against the most controversial ideas being proposed, such as an assault weapons ban. Moreover, even some renowned liberal experts on the same law law admit that the tools available to the government are limited.
Key questions in the debate are: Can the government ban assault weapons without violating the Constitution? If so, why? To answer these questions, TheBlaze spoke to legal authorities on both sides of the ideological divide, including some truly famous names within the realm of constitutional law. What we found may surprise you.
I. Background: Heller, McDonald and the Limits of the Second Amendment
When it comes to the regulation of gun rights, two Supreme Court cases stand out as definitive: The 2008 case District of Columbia v. Heller, and the 2010 case McDonald v. Chicago. Both cases conclusively established that the individual right to keep and bear arms is protected by the Constitution, and that this right is in force whether one is talking about state-level gun law or federal gun law.
One might think this is the end of almost every gun law. After all, if there’s a constitutional right involved, the assumption is that the government can’t do anything to infringe on that right, right? Wrong. Every constitutional right has exceptions, or place where a right doesn’t apply. For instance, the Supreme Court has found exceptions to the First Amendment to include things like fighting words, obscenity and words that present a “clear and present danger” (such as yelling “fire” in a crowded theater when no fire exists). That is, the government can regulate, and even ban, such exercises of “speech” without running afoul of the First Amendment.
Similarly, both Heller and McDonald set limits on the right to keep and bear arms, even as they affirm that that right exists. TheBlaze has covered some of those limits already, but for now, it’s enough to quote from U.S. Supreme Court Justice Antonin Scalia’s majority opinion in Heller, which sets up the current controversy:
Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, concealed weapons prohibitions have been upheld under the Amendment or state analogues. The Court’s opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms. Miller’s holding that the sorts of weapons protected are those “in common use at the time” finds support in the historical tradition of prohibiting the carrying of dangerous and unusual weapons.
CONTINUED: http://www.theblaze.com/stories/2013/04/30/can-the-government-ban-assault-weapons-constitutional-experts-weigh-in/
Saturday, January 19, 2013
Elected Officials Are Fundamentally Dishonest
An incredible letter, please read!
The Newtown Bee
Elected Officials Are Fundamentally Dishonest
To the Editor:
This letter was forwarded to Barack Obama, John Boehner, Chris Murphy, Dick Blumenthal, Elizabeth Esty, and Harry Reid
I live in Sandy Hook, CT. My family and close friends weren't harmed on December 14. That day impacted 26 families with an indescribable, staggering pain and anguish. For most of Sandy Hook, it merely affected us with an inescapable intensity of sadness and grief.
Gun control has long been a focus of many in this country. Though I'm not knowledgeable of all the nuances of the Second Amendment, based on the Founding Fathers' circumstances, it had far more to do with enabling the citizenry to protect themselves against tyrannical government than against local psychopaths. It is about providing a balanced firepower so when King George's successor came knocking on your door, you could fight back. Government today is no less inclined to abuse its authority than it was then. Based on the absurd and ongoing power grab that is present day Washington, it's as threatening as ever.
That so many of you view the NRA with its resistance to further restrictions on firearms as intransigent lunatics has far more to do with how you conduct yourselves in office than it does with the NRA's actions.
You in public office are fundamentally dishonest people. You lead lives of deception at every turn, structuring your lives as comfortably as you can while governing with an indifference and arrogance that is absolutely maddening. When the country is reeling from financial disaster, you waste a trillion dollars on a health care bill we can't afford and you've never read. You claim it's critical because health care costs are killing this country... no they're not, you are! You are killing this country. You endorse the ongoing slaughter of millions of unborn children and whine when terrorists are water boarded. You can't lecture us right in Newtown High School about not doing enough to keep our children safe, while simultaneously slaughtering the unborn. You fabricate the intense, media laden drama of the fiscal cliff and lack the courage to do anything about truly reforming the obscene gluttony of government. You know you'll be out of office before the bill comes due… you don't care and have no integrity nor honor. CONTINUED: http://newtownbee.com/
The Newtown Bee
Elected Officials Are Fundamentally Dishonest
To the Editor:
This letter was forwarded to Barack Obama, John Boehner, Chris Murphy, Dick Blumenthal, Elizabeth Esty, and Harry Reid
I live in Sandy Hook, CT. My family and close friends weren't harmed on December 14. That day impacted 26 families with an indescribable, staggering pain and anguish. For most of Sandy Hook, it merely affected us with an inescapable intensity of sadness and grief.
Gun control has long been a focus of many in this country. Though I'm not knowledgeable of all the nuances of the Second Amendment, based on the Founding Fathers' circumstances, it had far more to do with enabling the citizenry to protect themselves against tyrannical government than against local psychopaths. It is about providing a balanced firepower so when King George's successor came knocking on your door, you could fight back. Government today is no less inclined to abuse its authority than it was then. Based on the absurd and ongoing power grab that is present day Washington, it's as threatening as ever.
That so many of you view the NRA with its resistance to further restrictions on firearms as intransigent lunatics has far more to do with how you conduct yourselves in office than it does with the NRA's actions.
You in public office are fundamentally dishonest people. You lead lives of deception at every turn, structuring your lives as comfortably as you can while governing with an indifference and arrogance that is absolutely maddening. When the country is reeling from financial disaster, you waste a trillion dollars on a health care bill we can't afford and you've never read. You claim it's critical because health care costs are killing this country... no they're not, you are! You are killing this country. You endorse the ongoing slaughter of millions of unborn children and whine when terrorists are water boarded. You can't lecture us right in Newtown High School about not doing enough to keep our children safe, while simultaneously slaughtering the unborn. You fabricate the intense, media laden drama of the fiscal cliff and lack the courage to do anything about truly reforming the obscene gluttony of government. You know you'll be out of office before the bill comes due… you don't care and have no integrity nor honor. CONTINUED: http://newtownbee.com/
Wednesday, December 19, 2012
Obama sets January deadline for gun control proposals
Spurred by a horrific elementary school shooting, President Barack Obama vowed to send Congress new policy proposals for reducing gun violence by January.
"This time, the words need to lead to action," Obama said Wednesday. He tasked Vice President Joe Biden with leading an administration-wide effort to create the new recommendations and pledged to push for their implementation without delay.
The president, who exerted little political capital on gun control despite a series of mass shootings in his first term, bristled at suggestions that he had been silent on the issue during his first four years in office. But he acknowledged that Friday's deadly shooting had been "a wake-up call for all of us."
Twenty children and six adults were killed when a man carrying a military-style rifle stormed Sandy Hook Elementary in Newtown, Conn., Friday morning.
The president also called on Congress Wednesday to reinstate an assault weapons ban that expired in 2004 and to pass legislation that would close the gun show "loophole," which allows people to purchase firearms from private dealers without a background check. Obama also said he wanted Congress to pursue the possibility of limiting high-capacity ammunition clips.
"The fact that this problem is complex can no longer be an excuse for doing nothing," Obama said. "The fact that we can't prevent every act of violence doesn't mean we can't steadily reduce the violence."
The president's announcement Wednesday underscores the urgency the White House sees in formulating a response to the Newtown shooting. The massacre has prompted several congressional gun rights supporters to consider new legislation to control firearms, and there is some concern that their willingness to engage could fade as the shock and sorrow over the Newtown shooting eases.
CONTINUED: http://www.gopusa.com/news/2012/12/19/obama-sets-january-deadline-for-gun-control-proposals/?subscriber=1
"This time, the words need to lead to action," Obama said Wednesday. He tasked Vice President Joe Biden with leading an administration-wide effort to create the new recommendations and pledged to push for their implementation without delay.
The president, who exerted little political capital on gun control despite a series of mass shootings in his first term, bristled at suggestions that he had been silent on the issue during his first four years in office. But he acknowledged that Friday's deadly shooting had been "a wake-up call for all of us."
Twenty children and six adults were killed when a man carrying a military-style rifle stormed Sandy Hook Elementary in Newtown, Conn., Friday morning.
The president also called on Congress Wednesday to reinstate an assault weapons ban that expired in 2004 and to pass legislation that would close the gun show "loophole," which allows people to purchase firearms from private dealers without a background check. Obama also said he wanted Congress to pursue the possibility of limiting high-capacity ammunition clips.
"The fact that this problem is complex can no longer be an excuse for doing nothing," Obama said. "The fact that we can't prevent every act of violence doesn't mean we can't steadily reduce the violence."
The president's announcement Wednesday underscores the urgency the White House sees in formulating a response to the Newtown shooting. The massacre has prompted several congressional gun rights supporters to consider new legislation to control firearms, and there is some concern that their willingness to engage could fade as the shock and sorrow over the Newtown shooting eases.
CONTINUED: http://www.gopusa.com/news/2012/12/19/obama-sets-january-deadline-for-gun-control-proposals/?subscriber=1
Sunday, December 16, 2012
Obama administration let school security funds lapse..
Obama administration let school security funds lapse..
Beneath the expressions of grief, sorrow and disbelief over the Connecticut school massacre lies an uneasy truth in Washington: over the last few years the Obama administration and Congress quietly let federal funding for several key school security programs lapse in the name of budget savings.
Government officials told the Washington Guardian on Friday night that two Justice Department programs that had provided more than $200 million to schools for training, security equipment and police resources over the last decade weren’t renewed in 2011 and 2012, and that a separate program that provided $800 million to put police officers inside the schools was ended a few years earlier.
Meanwhile, the administration eliminated funding in 2011-12 for a separate Education Department program that gave money to schools to prepare for mass tragedies, the officials said.
A nationally recognized school security expert said those funds had been critical for years in helping schools continue to enhance protections against growing threats of violence. But they simply dried up with little notice as the Columbine and Virginia Tech school shooting tragedies faded from memory and many Americans and political leaders had their attentions diverted to elections, a weak economy and overseas dramas.
“I was baffled to see funds and programs cut in these areas,” said Kenneth Trump, the president of the National School Safety and Security Services firm that helps school districts and policymakers improve protections for teachers and students. “Our political and policy leaders need to walk the walk, not just talk the talk about being concerned about school safety.
“We have roller coaster public awareness, public policy, and public funding when it comes to school safety. The question isn’t whether school safety is a priority today and tomorrow,” Trump added. “The question is whether it will be a priority years down the road when there isn’t a crisis in the headlines.”
Leaders in both parties in Washington on Friday expressed remorse and disbelief in the tragedy in the tiny suburban Connecticut town of Newtown, where a single 20-year-old gunman walked into the school where his mother taught and killed 20 children and six others before turning the gun on himself.
“Our hearts are broken today,” President Barack Obama said, wiping a tear from his eyes as he reacted to the tragedy. “As a country we have been through this too many times.
CONTINUED: http://www.washingtonguardian.com/washingtons-school-security-failure
Beneath the expressions of grief, sorrow and disbelief over the Connecticut school massacre lies an uneasy truth in Washington: over the last few years the Obama administration and Congress quietly let federal funding for several key school security programs lapse in the name of budget savings.
Government officials told the Washington Guardian on Friday night that two Justice Department programs that had provided more than $200 million to schools for training, security equipment and police resources over the last decade weren’t renewed in 2011 and 2012, and that a separate program that provided $800 million to put police officers inside the schools was ended a few years earlier.
Meanwhile, the administration eliminated funding in 2011-12 for a separate Education Department program that gave money to schools to prepare for mass tragedies, the officials said.
A nationally recognized school security expert said those funds had been critical for years in helping schools continue to enhance protections against growing threats of violence. But they simply dried up with little notice as the Columbine and Virginia Tech school shooting tragedies faded from memory and many Americans and political leaders had their attentions diverted to elections, a weak economy and overseas dramas.
“I was baffled to see funds and programs cut in these areas,” said Kenneth Trump, the president of the National School Safety and Security Services firm that helps school districts and policymakers improve protections for teachers and students. “Our political and policy leaders need to walk the walk, not just talk the talk about being concerned about school safety.
“We have roller coaster public awareness, public policy, and public funding when it comes to school safety. The question isn’t whether school safety is a priority today and tomorrow,” Trump added. “The question is whether it will be a priority years down the road when there isn’t a crisis in the headlines.”
Leaders in both parties in Washington on Friday expressed remorse and disbelief in the tragedy in the tiny suburban Connecticut town of Newtown, where a single 20-year-old gunman walked into the school where his mother taught and killed 20 children and six others before turning the gun on himself.
“Our hearts are broken today,” President Barack Obama said, wiping a tear from his eyes as he reacted to the tragedy. “As a country we have been through this too many times.
CONTINUED: http://www.washingtonguardian.com/washingtons-school-security-failure
Lou Calling! A tragic time....
As liberals sit in meditation praying (do liberals pray???~Lynn) for her government to come forward and institute gun control (using 'public safety' as the excuse) for attacks on our 2nd Amendment, there are those in Washington wringing their hands for this opportunity that was dropped in their laps. Obama, a tear dropping from his eyes, will pontificate on the evil of firearms while ignoring his Hollywood supporters who ply violence on the big screen and the video game manufacturers who teach young children how to kill without feeling pain; all this he will ignore.
Being a parent my heart aches for the loss of any child anywhere lost for any reason and for the anguish those parents feel, I pray that they find comfort in the months and years ahead. But using any excuse to destroy our Constitution is something I will never abide. For evil to triumph, good men and women, need to do nothing. A gun, a car, a baseball bat, a knife, an icepick; these are not evil objects; evil lurks in the minds of men and women who use them.
Lou
BY THE WAY WE HAVE A LAW, if we would only teach it and nine other really great ones THOU SHALT NOT KILL! ~Lynn
Being a parent my heart aches for the loss of any child anywhere lost for any reason and for the anguish those parents feel, I pray that they find comfort in the months and years ahead. But using any excuse to destroy our Constitution is something I will never abide. For evil to triumph, good men and women, need to do nothing. A gun, a car, a baseball bat, a knife, an icepick; these are not evil objects; evil lurks in the minds of men and women who use them.
Lou
BY THE WAY WE HAVE A LAW, if we would only teach it and nine other really great ones THOU SHALT NOT KILL! ~Lynn
Subscribe to:
Posts (Atom)
