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May 10, 2006

Gun Control a Right?

That's the new spin put on the discussion of the Second Amendment by Professor Saul Cornell in today's Salt Lake Tribune:


Ironically, the Second Amendment does not prohibit robust gun regulation, it compels it. Today's gun rights ideology is antithetical to the original understanding of the Second Amendment and only emerged in the 19th century when individual states began passing the first gun control laws to deal with the new problems posed by hand guns.

There is much to be learned from America's first gun violence crisis and the first gun-control movement. It is not surprising that during that struggle gun rights supporters tried to lay claim to the Second Amendment by reinterpreting it as an individual right of self-defense.

[...]

What does all of this mean for the contemporary gun debate? Proponents of gun control must not demonize gun owners, particularly given the fact that most gun owners support reasonable gun regulation. Any solution to America's gun problem must have the support of gun owners.

Rather than abandon the Second Amendment and dismiss it as a relic of another era, supporters of gun regulation need to reclaim this part of our constitutional heritage. Supporters of regulation need to point out that liberty without regulation is impossible. The right to be free from the threat of gun violence deserves as much respect as the right to bear arms.


So gun rights supporters "reinterpreted" the 2nd Amendment as a personal right? Even the Constitutional scholar, Lawrence Tribe, recognizes that the 2nd, like the other 9 original rights, are personal ones intended to LIMIT government powers.

The "right to be free from...gun violence" is correct. That is why we pass laws against crime. That should not be a reason to pass laws against gun ownership by the law abiding as is done in Chicago, Washington DC, NYC, etc.

"Liberty without Regulation is impossible"? Okay, there's a concept embraced by both the far left and the far right. Let's regulate free speech (that's from the left) and let us regulate what you do in the bedroom (from the right) and let us control the food you eat (the left) and what you view on your computer (the right) and on and on...

And please define "reasonable gun regulations"; is that the same as "sensible gun control" as bandied by many gun control advocates? And how does that square with "...shall not be infringed."

The only regulation that should be needed regarding the Second Amendment is this: You can own a gun. If you commit a crime with that gun, you will be punished severely. That's it! And if we start building enough jails and judges start punishing criminals properly, we will all be on the way to freedom from gun violence.


Posted by Jeff Soyer at May 10, 2006 07:15 AM
Comments

"when individual states began passing the first gun control laws to deal with the new problems posed by hand guns."

If I recall my history correctly, the "new problems posed by hand guns" in the 19th century were that millions of blacks became citizens in 1865, with all of the rights guaranteed by the Constitution, including the Second Amendment thereto. That scared the living poop out of the white folk who used to own the blacks, so they inclulded gun control among the vast array of Jim Crow laws that we all know and love.

The attitude continued well into the 20th century, too. Missouri adopted limitations on hand gun purchases in 1920 following riots by blacks in St. Louis in 1919, and those laws are still on the books - you need a permit from your local sheriff to purchase a handgun. Want 2 handguns? Two permits. It has become a simple criminal records check, but for decades it was purely discretionary and in some areas it was simply impossible for a black to get such a permit.

Do you think this is the part of our Constitutional heritage that the good professor has in mind reclaiming? Maybe that would fly in Salt Lake City, but I doubt it will be a big seller elsewhere.

Posted by: wrangler5 at May 10, 2006 09:49 AM

Don't forget that Saul Cornell is "owned" by the anti-gun Joyce Foundation that funds his anti-gun institute at Ohio State. They have funded, and he has participated in, several Symposiums that fradulently passed themselves off as "academic" while deliberately excluding any pro-gun scholars.

His single-donor(large) institute seems to be committed to finding novel ways to advance the anti-gun cause. This is his latest invention for them.

Posted by: 20yearProf at May 10, 2006 10:14 AM

It is amazing how much shit they can come up with. Jack

Posted by: Jack Lorenz at May 10, 2006 11:02 AM

"Maybe that would fly in Salt Lake City, but I doubt it will be a big seller elsewhere."

It doesn't fly here either; you notice the writer of the editorial was from back east. We take our gun rights serious here in the western states.

Next thing you know, some jackass professor will come up with something saying that censorship is a right...

Posted by: BobG at May 10, 2006 11:15 AM

From the History News Service steering committee page:

Thomas J. Harvey
Ph.D. candidate in History, University of Utah
News editor for government and environment, The Salt Lake Tribune

http://www.h-net.org/~hns/steering.html


Typical Joyce Foundation work ... fund academics, and encourage them to spew crap in the MSM.

Posted by: Kristopher at May 10, 2006 11:27 AM

Until sometime after the 14th Amendment was ratified in 1860-something, the 2nd Amendment didn't apply to states anyway. Looking at states' actions during that time wouldn't tell us anything about how to interpret 2A. Perhaps if the article had bothered to mentioned examples, I could tell whether this is a factor.

Posted by: roy at May 10, 2006 12:24 PM

Absurd...None of these idiots can be bothered with reading the federalist papers to see what was clearly intended by the folks who wrote the Constitution? Guns weren't recognized in the Bill of Rights so you'd have the right to hunt...they were specifically considered as the guarantor against tyranical central government. The "militia" was even defined as not being the standing Army or National guard but as the whole adult male citizen non-criminal population, and for a good reason....so they would always outnumber the Army and prevent armed takeover from either within or without the country. Plain English...the right of the people shall not be infringed.

Posted by: Doug In Colorado at May 10, 2006 12:55 PM

I thought the only proper gun regulation was for revolvers. You know, making sure it indexes properly so the cylinder is in perfect alignment with the bore when fired.

That is the only kind I consider legitimate.:)

Posted by: straightarrow at May 10, 2006 03:33 PM

wrangler5 got to it first, and roy's point is also made. Seems this scholar never got the word that the Bellesisles book is now stocked in the fiction aisle.

Posted by: John Anderson at May 10, 2006 04:50 PM

I was planning on e:mailing Saul but due to work I got home late, and from experience I know somebody already has and from my own polite but pointed e:mails, one I believe to Dr. Saul himself, I rarely get an answer. In fact, the only ones I do get an answer from are non-professors.
So if anyone got a reply from Dr. Saul Cornell, please post it.
Thank you.

Posted by: Terry at May 11, 2006 04:04 AM

This is why academia is losing, and deserve to lose completely, the respect of the American People. Cornell is a typical academic - he twists facts and thought into a mapping of logic that does not resemble anything native to the humand mind; it resembles more the product of other parts of the anatomy. I say this as someone who spent many years as a "successful" member of academe.

Posted by: individ at May 11, 2006 11:53 AM
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