The
recent mass shootings at a movie theatre in Aurora, Colorado and a Sikh temple
in suburban Milwaukee have reignited the discussion on the optimal methods to
provide domestic security, and more specifically, the role of guns in promoting
and perpetuating such heinous crimes. Despite the attention paid to these
atrocities by the media, gun control – a polarizing subject – is likely to be a
non-issue in this election campaign. That being said, an investigation into
both parties’ stances on domestic security and gun control is no doubt
warranted, as is a historical analysis of the language and intention of
Founding Fathers in crafting in Second Amendment.
The
Republican Party is, on principle, against any restriction on the sale of
firearms to Americans, with the exception of sophisticated military-grade
weaponry. To the GOP, gun control laws are a case of legal adverse selection –
law-abiding citizens are most likely to be compliant and are therefore
endangered, as a higher percentage of guns will be in the hands of violent
criminals. This line of reasoning has merit, but the Republican claim to be the
party of law and order certainly does not. A party of law and order would take
all domestic security matters seriously.
In
the interest of public safety, the GOP elects to practice the new-age McCarthyism of Michele Bachmann. Rep. Bachmann suggested Huma Abedin, deputy
chief of staff to Hilary Clinton, has ties to the Muslim Brotherhood through an
associate of her late father and has called for an investigation into the
matter. Given that the constitution fundamentally guarantees all people the
right to life, liberty, and the pursuit of happiness, this degree of racial
profiling is not only an affront to American values but is also a blatant
disregard for the totality of credible threats facing the nation.
The
Republican safety plan is, substantively, a comprehensive war on Islam. In
2009, John Boehner blasted the Department of Homeland Security for
investigating white supremacist domestic terror groups instead of focusing on
al Qaeda.
Peter
Bergen of CNN and the New America Foundation reports that since 9/11, there
have been more attacks on US soil by right-wing extremists (9) than by Islamic
terrorists influenced by al Qaeda (4). Including the massacre at the Sikh
temple, the death toll by these different organizations is similar: 15 by
right-wing terrorist groups, and 17 by Islamic terrorist groups.
Democrats,
on the other hand, lack the political will, capital and consensus to advance
gun control legislation. In 2009, Attorney General Eric Holder announced that
the Obama administration would pursue a renewal of the assault weapons ban
signed by Bill Clinton in 1994, which expired in 2004. Recently thereafter, 65
House Democrats signed a letter to Holder opposing the ban. Obama will look to
protect Democrats running for Congress from being unduly targeted by the NRA
and other pro-gun groups and avoid the issue in order to preserve party unity.
At least the Department of Homeland Security, Office of Intelligence and
Analysis, and the Federal Bureau of Investigation have investigated all
terrorist threats thoroughly during the Obama administration.
The lack of
public consensus for gun control measures makes advancing legislation on the
matter politically unviable. A Pew Research Center poll conducted July 26-29
illustrates the split in opinion, with 46% of Americans prioritizing the need
to protect right to own guns, and 47% favoring more control over gun ownership.
A ban on assault weapons and high-capacity magazines of ammunition, which would
have a significant impact in preventing or mitigating the fatalities in mass
shootings, enjoy a strong majority of public support according to a CBS News/New
York Times poll conducting shortly after the Tuscon shooting in early 2011. The
reality is that the majority of homicides by firearms are perpetrated with
handguns. However, not only does the
public oppose a ban on handguns by a ratio of 2:1, but the Supreme Court has
also ruled that such bans are unconstitutional.
Within the past four years, the Supreme Court has issued
a pair of landmark rulings demonstrating its interpretation of the Second
Amendment. In Heller v. D.C. (2008),
which struck down the city ban on handguns, the Court ruled that the Second
Amendment is an individual right that enables people to carry “all instruments
that constitute bearable arms.” The implication which can be inferred is that
society and Congress get to define what comprises a bearable arm. McDonald v.
Chicago (2010) is a related case where the Supreme Court ruled that city’s
handgun ban was unconstitutional. The ruling stresses the importance of
protecting an individual’s right to self-defense through the Second Amendment, vis-a-vis handguns. Prior to these judgments, U.S.
v. Miller (1939) did not affirm the Second Amendment as an individual
right, but rather through the collective right of each state’s ability to
maintain a militia. Thus, ownership of a firearm could only be restricted on
the basis that the weapon in question had no connection to military activity,
and as such fails to provide for common defense. The Court’s interpretation of
the Second Amendment has evidently changed drastically over the past 75 years.
Therefore, a review of the amendment’s language and the purpose for which it
was developed is justified in order to judge the Court’s fidelity to the
Constitution.
“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.”
The
rationale for the Second Amendment is deeply ingrained in the Declaration of
Independence – the ability for free men to take up arms against a tyrannical
government. George Washington once remarked that:
"Firearms
stand next in importance to the constitution itself. They are the American
people's liberty teeth and keystone under independence … from the hour the
Pilgrims landed to the present day, events, occurrences and tendencies prove
that to ensure peace security and happiness, the rifle and pistol are equally
indispensable … the very atmosphere of firearms anywhere restrains evil
interference — they deserve a place of honor with all that's good."
This
celebration of firearms and their guaranteed place in the Constitution is, in
this light, a partial homage by the Founding Fathers to themselves for their
accomplishments during the American Revolution.
Explicit statements made by several
Founding Fathers assert that the Second Amendment is intended to promote a
strong militia. The quartering of British soldiers (forbidden by the Third
Amendment) and the revenues raised by the Stamp Act to pay for standing armies
were primary causes for the Revolution. As such, the Founding Fathers were wary
of standing armies, especially in peacetime, though they recognized their
pragmatic necessity, especially since the young America was surrounded on all
sides by foreign powers. Alexander Hamilton and Thomas Jefferson blatantly
state the intention of the Second Amendment – as a safeguard for individual
citizens to protect themselves against the standing army of a tyrannical
government.
“…but
if circumstances should at any time oblige the government to form an army of
any magnitude, that army can never be formidable to the liberties of the
people, while there is a large body of citizens, little if at all inferior to
them in discipline and use of arms, who stand ready to defend their rights…”
-
Alexander Hamilton, The Federalist Papers, No. 29
“The
strongest reason for people to retain the right to keep and bear arms is, as a
last resort, to protect themselves against tyranny in government.”
-
Attributed to Thomas Jefferson
These men intended for the militia,
which in that era referred to all white men able to operate a firearm, to be
superior to any standing army. Gun control advocates will note that the Second
Amendment calls for a “well-regulated militia” and that this language implies
that the government can impose restrictions on militias. However, in Federalist
Paper No. 29, Alexander Hamilton indicates that “well-regulated” means, simply,
well trained:
The project of disciplining all
the militia of the United States is as futile as it would be injurious if
it were capable of being carried into execution. A tolerable expertness in
military movements is a business that requires time and practice. It is not a
day, nor a week nor even a month, that will suffice for the attainment of it.
To oblige the great body of the yeomanry and of the other classes of the citizens
to be under arms for the purpose of going
through military exercises and evolutions, as often as might be necessary to
acquire the degree of perfection which would entitle them to the character of a well regulated militia, would be a real
grievance to the people and a serious public inconvenience and loss. (emphasis added)
Adding
all this up shoots a few holes in the Supreme Court’s interpretation of the
Second Amendment. The founders did not intend for individuals to have bearable
arms for their own personal defense, but arms that enabled them to defend
themselves against a tyrannical government. Thus, the array of weaponry owned
by citizens should necessarily equal the sophistication of weapons carried by
the government’s standing army. AR-15s? AK-47s? RPGs? Nukes? Under a strict
constructionist view of the Second Amendment, all of these weapons are
legitimate and legal for US citizens in order to match the force wielded by the
State. To read into the intent of the
user and the thoughts of what constitutes a “bearable arm” for self-defense, as
the Supreme Court rules, is an exhibition of judicial activism that ignores the
desires and intentions of the Founding Fathers.
Reality changes. Technology changes. Hell, even the
meaning of the words in the Second Amendment has changed.
If we, as a country, swear blind
and eternal fealty to the original Constitution, Bill of Rights, and the wishes
of the Founding Fathers, rather than treating the lot as living, breathing
documents, sometimes the results may seem incorrect, out-of-touch, and
downright dangerous to the public.
We can continue indiscriminately following the wishes of the
Founding Fathers – who agreed that black men constitute three fifths of a
person – or maybe it might be time to update the 221-year-old how-to manual on
the rules for governing a Republic.