In my recent piece about the Constitution, a commenter named "Toad" wrote about gun control, and how certain Constitutional rights are curtailed as a matter of course (quoted in its entirety):
Although you come from a different side, you bring up a point that I often make; speech, alcohol, religion, guns, free press are all protected under the Constitution.What gun nuts don't understand is that these all come with restrictions.
Alcohol:
An 14 year old cant buy alcohol
I can't buy beer in Indiana on Sunday
Most counties in the rural south are dry
I can't drink and driveReligion:
Mormons cannot have more than one wife even though it’s their religion
Rastafarians cannot smoke weed even though it's part of their religion
Stan worshipers cannot make sacrifices even though its part of their
religionPress:
I can’t print slanderous materials
I can name a couple of reporters who are in jail for not revealing
their sources
I cannot use images of people who do not want to be photographedSpeech / Expression:
I cannot yell fire in a crowded theater
2 live crew were arrested on obscenity charges for performing in front of adult only crowds
I can't threaten someone's life
I cannot intentionally and maliciously make up and print lies about
someone in order to damage themGuns:
Waiting period for handguns
Some weapons restrictions in certain areasClearly there are very few gun regulations, most kids have a harder
time buying an allergy medicine than they would a gun, the Federal Law says medicine, even aspirin has to come with a child safety lock, yet a gun needs no such things.If there are limits to the 1st and 21st amendments then there are
limits to the 2nd. I don't want to live in a society where all speech, all print, all media, are censored, or where there is no alcohol or where I cannot protect/arm myself. But with that comes some restriction and I also don't want to live in a society where anyone can do and say, shoot, kill, drink what ever they want, whenever they want, no matter who or how old they are.It's not all black and white, get with the times.
Now, often I am a "reactive" thinker. I get my best insights and thoughts when I am challenged by someone else. And Toad's argument got me thinking about the examples he cited.
First of all, let's get dismiss the alcohol example. The right to drink is NOT a Constitutional right. Booze is mentioned exactly twice in the Constitution: first it's banned in the 18th Amendment, then it's un-banned by the 21st. So that's right out.
But I noticed something odd about the other example Toad cited: yes, the are all restrictions on Constitutional rights, but in all the other cases besides guns, they're reactive measures, they're not pro-active. They outline penalties for misusing your rights, not conditions for exercising them at all. They all say "you can not exercise your right, but not in X way," not "you must do X, Y, and Z before you can have that right."
You can speak, you can peacably assemble, you can practice your faith, you can publish what you like -- UNTIL the exercise of those rights endangers others, violates their rights, or breaks some law of the state. You wanna speak? Don't lie or cause a needless panic. You wanna print something? Don't knowingly publish lies about other people. You wanna start your own faith? Don't try to break laws under color of that faith. And so on.
But the 2nd Amendment is different. There, there seems to be a presumption of abuse. "You want to exercise your right to keep and bear arms? OK, fine. Fill out this form, this form, this form, this form, take this class, this class, get this certificate, pay this fee, then come back in a couple of weeks, and we'll tell you no."
There are those who say that the language of the 2nd Amendment is sufficiently different from other Amendments that acknowledge specific individual rights (the 1st and the 6th, for example) that restrictions such as this are allowed. I'll address those in part 2, to be published later today.



Comments (20)
Exactly, it is the d... (Below threshold)1. Posted by B Moe | July 19, 2005 7:13 AM | Score: 0 (0 votes cast)
Exactly, it is the difference between you can speak but don't lie; and you might lie so shut up.
1. Posted by B Moe | July 19, 2005 7:13 AM |
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Posted on July 19, 2005 07:13
2. Posted by Brian | July 19, 2005 7:33 AM | Score: 0 (0 votes cast)
Watch out for Stan worshipers.
2. Posted by Brian | July 19, 2005 7:33 AM |
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Posted on July 19, 2005 07:33
3. Posted by Cybrludite | July 19, 2005 7:36 AM | Score: 0 (0 votes cast)
Brian,
So, that's what keeps happening to Kenny...
/southpark
3. Posted by Cybrludite | July 19, 2005 7:36 AM |
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Posted on July 19, 2005 07:36
4. Posted by LJD | July 19, 2005 7:47 AM | Score: 0 (0 votes cast)
What were you saying? I wasn't paying attention. My adolescent children were reloading my guns while I was swilling a handful of pills with shot of J.D. It's part of my religion, you know. ...and if any one doesn't like it, I'll yell fire in a movie theater!
4. Posted by LJD | July 19, 2005 7:47 AM |
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Posted on July 19, 2005 07:47
5. Posted by arb | July 19, 2005 7:49 AM | Score: 0 (0 votes cast)
Eagerly awaiting part 2.
5. Posted by arb | July 19, 2005 7:49 AM |
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Posted on July 19, 2005 07:49
6. Posted by bullwinkle | July 19, 2005 8:28 AM | Score: 0 (0 votes cast)
Easier for kids to buy a gun than allergy medicine? I don't know about where you live but in Texas a kid can't legally buy a gun or bullets. Very few gun regulations? You don't have to present ID, be over 18, wait 5 days for a background check and have a clean record to pick up a some Sudafed at 7-11, you don't need a permit to carry Allerest around in your pocket, you can take into a church, a bank and even a bar. I haven't yet seen the sign that declares an area near a school to be Claritin free or seen anyone signing forms and giving fingerprints and their mother's maiden name to purchase Benadryl. Whoever wrote that is either a resident of some other planet or you might possibly be stretching things just a bit to make his case.
6. Posted by bullwinkle | July 19, 2005 8:28 AM |
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Posted on July 19, 2005 08:28
7. Posted by Mrs. Davis | July 19, 2005 8:33 AM | Score: 0 (0 votes cast)
This will end up being another demographic issue and trends are not in the gun controllers' favor.
7. Posted by Mrs. Davis | July 19, 2005 8:33 AM |
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Posted on July 19, 2005 08:33
8. Posted by SCSIwuzzy | July 19, 2005 8:52 AM | Score: 0 (0 votes cast)
bullwinkle, yeah, as soon as I saw that, the rest of Toad's comment lost any credibility it could have had.
Granted, if you live in certain cities, you can buy a POS TEC for $20 and up, but it aint legal, and that gun is likely to blow your hand off (and has a body or two on it already). In those same towns, I doubt you'll have any trouble getting allergy or cough syrup however.
8. Posted by SCSIwuzzy | July 19, 2005 8:52 AM |
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Posted on July 19, 2005 08:52
9. Posted by JmaR | July 19, 2005 10:14 AM | Score: 0 (0 votes cast)
Jay Tea said:
"They outline penalties for misusing your rights, not conditions for exercising them at all."
Maybe I'm missing something but outlining penalties for misusing your rights and setting conditions for excercising them is a distinction without a difference.
9. Posted by JmaR | July 19, 2005 10:14 AM |
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Posted on July 19, 2005 10:14
10. Posted by McGehee | July 19, 2005 10:30 AM | Score: 0 (0 votes cast)
Maybe I'm missing something...
A brain?
Honestly, why do you keep setting yourself up, JmaR?
10. Posted by McGehee | July 19, 2005 10:30 AM |
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Posted on July 19, 2005 10:30
11. Posted by Leftism = Slave Morality | July 19, 2005 10:30 AM | Score: 0 (0 votes cast)
There is a difference between "registering with the State before starting a newspaper or blog" and being held accountable for libel or slander. One is authoritarian and one is the price of freedom.
Toad is just another gun-grabbing statist. He is what I am talking about when I talk about Slave Morality. Toad, you won't get my guns by fooling me into your twisted morality. Do you want to try and take them?
11. Posted by Leftism = Slave Morality | July 19, 2005 10:30 AM |
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Posted on July 19, 2005 10:30
12. Posted by yetanotherjohn | July 19, 2005 11:36 AM | Score: 0 (0 votes cast)
There are quite a few "restrictions" on firearms that track the restrictions Mr. Toad talks about. For example, if I fire a gun, several potential laws can come into effect. Depending on my intent when the gun was fired (and if it struck a person), I can have anything from no charges to the death penalty. That is similar to the press and speech penaltys. I can print whatever I want. But if I slander them, I may have to pay a penalty. If I am supeonaed about the source of what I wrote (note that I have already printed the article), I can choose to tell the grand jury or keep quiet. So I choose the penalty. I can yell 'fire' in the theater, I just may be liable to what results.
I agree that I would not want to live where there was no laws about how I exercise my 2nd amendment right. For example I like the laws that say if someone shoots me, they go to jail or the chair. But that is very different from saying I want prescriptive rights that stop even the possesion of the gun.
Of course, put me in charge of prescriptive rights and I may change my tune. If I get to decide before it happens that someone will abuse their right to free speech (e.g. yelling fire in the theater) and thus I can lock them up or remove their vocal cords, then that might not be such a bad thing. I can imagine more than a couple of voices I would be happy to silence. But perhaps that is why we have a written constitution with rights for all so that an individual like me can't decide who goes free and who is locked up.
12. Posted by yetanotherjohn | July 19, 2005 11:36 AM |
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Posted on July 19, 2005 11:36
13. Posted by joe | July 19, 2005 11:54 AM | Score: 0 (0 votes cast)
JmaR: Jay Tea said:
"They outline penalties for misusing your rights, not conditions for exercising them at all."
Maybe I'm missing something but outlining penalties for misusing your rights and setting conditions for excercising them is a distinction without a difference.
Okay, so let's apply the gun rules to speech. Next time you write a letter to the editor, it must be submitted to your local sheriff, where it can be denied publication.
Now do you get it?
13. Posted by joe | July 19, 2005 11:54 AM |
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Posted on July 19, 2005 11:54
14. Posted by joe | July 19, 2005 12:02 PM | Score: 0 (0 votes cast)
My italics didn't flow down right. They were supposed to cover down to the paragraph ending in "difference."
14. Posted by joe | July 19, 2005 12:02 PM |
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Posted on July 19, 2005 12:02
15. Posted by joe | July 19, 2005 12:08 PM | Score: 0 (0 votes cast)
JmaR: Jay Tea said:
"They outline penalties for misusing your rights, not conditions for exercising them at all."
Maybe I'm missing something but outlining penalties for misusing your rights and setting conditions for excercising them is a distinction without a difference.
Okay, so let's apply the gun rules to speech. Next time you write a letter to the editor, it must be submitted to your local sheriff, where it can be denied publication.
Now do you get it?
15. Posted by joe | July 19, 2005 12:08 PM |
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Posted on July 19, 2005 12:08
16. Posted by Magus | July 20, 2005 9:55 AM | Score: 0 (0 votes cast)
Speaking of distinctions. There are no "Constitutional Rights" there are "Constitutionaly Protected Rrights".
The Constitution doesn't grant(give) any rights, it protects them from infringemnt by the goobermint.
16. Posted by Magus | July 20, 2005 9:55 AM |
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Posted on July 20, 2005 09:55
17. Posted by PersonalResponsibility | July 20, 2005 1:05 PM | Score: 0 (0 votes cast)
Magus hit the nail on the head. Far too few Americans even understand that the Constitution isn't about what rights the government gives the people, it's about what powers the people grant to the government. I'm always amazed (and disappointed) that people are allowed to pass the bar without even comprehending this in the least. The founding fathers only included the bill of rights (after the fact - hence 'ammendments'), because the the idea of The People granting powers to the government was so [bleeping] radical at the time. Sadly even two centuries later, it's still too radical of an idea for most people to understand...
17. Posted by PersonalResponsibility | July 20, 2005 1:05 PM |
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Posted on July 20, 2005 13:05
18. Posted by MarkoG | July 20, 2005 2:14 PM | Score: 0 (0 votes cast)
As a citizen of a FREE STATE, I can do what I damn well please; if I want to yell 'fire' in a crowded theater I can certainly do so.
I also have to assume responsibility for my behavior and the consequences of my actions which, using the above example, could be criminal and/or civil charges in a court of law.
Those who think that words on a piece of paper will control human behavior are deluding themselves...
18. Posted by MarkoG | July 20, 2005 2:14 PM |
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Posted on July 20, 2005 14:14
19. Posted by Magus | July 21, 2005 9:57 AM | Score: 0 (0 votes cast)
A couple of rambling thoughts:
I just brought up the "constitutional rights" comment since Jay Tea said in the post "The right to drink is NOT a Constitutional right."
Well, yes it is. It's protected under the 9th amendment. The general government was given no power or authority to pass laws regarding drinking alcolhic beverages. See article 1 section 8 for the powers delegated to the goobermint.
The Bill of Rights isn't so much a "Bill of Rights" as it is a list of rights the goobermint is not to mess with.
See the preamble to the Bill of Rights for it's purpose, which says in part:
"THE Conventions of a number of the States ... expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added ..."
From the National Archives at:
http://www.archives.gov/national-archives-experience/charters/bill_of_rights_transcript.html
The Bill of Rights is a list of further declaratory and restrictive clauses against the general goobermint. That means it's sutff that they are not to mess with.
And the ninth amendment says that just because we didn't list it in the other amendments doesn't mean it doesn't exist and you can't mess with those either.
19. Posted by Magus | July 21, 2005 9:57 AM |
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Posted on July 21, 2005 09:57
20. Posted by Frank Johnson | July 26, 2005 4:56 AM | Score: 0 (0 votes cast)
Good Service
20. Posted by Frank Johnson | July 26, 2005 4:56 AM |
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Posted on July 26, 2005 04:56