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Retired Supreme Court justice explains how to fix the Second Amendment
Posted By Rob Schofield On April 16, 2014 @ 8:24 am In Uncategorized | Comments Disabled
As was noted in yesterday’s Weekly Briefing, “A Tax Day sermon,”  it can be a fascinating exercise to briefly contemplate just how far to the right American politics have been pushed in the last few decades as a result of the influx of big corporate money.
“In 2014, the United States is a place: in which a deranged Nevada cattle herder named Cliven Bundy can defy federal law and be transformed overnight into a far right celebrity, in which the party of Lincoln in one of the stronghold union states of the Civil War can vote to explore secession , in which conservative religious groups who claim to follow the teachings of a humble and un-propertied carpenter can champion tax cuts for the rich  and in which North Carolina — one of the old confederate states that has made such great headway in escaping its dreadful and reactionary past – can roll back several decades of painstaking progress toward modernity in as many months.”
Here’s another rather amazing indicator: the nation’s disastrous abandonment of the settled meaning of the Second Amendment. In his new book, “Six Amendments: How and Why We Should Change the Constitution”  (an excerpt of which appeared recently in the Washington Post ) retired U.S. Supreme Court Justice John Paul Stevens (a 1975 Ford appointee) proposes returning the Second Amendment to its long-settled meaning by adding five words (italicized below) so that it would read:
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms when serving in the Militia shall not be infringed.”
Stevens’ proposal makes obvious sense and the fact that we would have to go to such trouble shows just how far out of hand things have gotten. Here’s another amazing indicator from Stevens’ book of our mass, national departure from common sense: a quote Stevens attributes to former Chief Justice Warren Burger — another conservative Republican. This is from Stevens’ book:
“When I joined the court in 1975, that holding was generally understood as limiting the scope of the Second Amendment to uses of arms that were related to military activities. During the years when Warren Burger was chief justice, from 1969 to 1986, no judge or justice expressed any doubt about the limited coverage of the amendment, and I cannot recall any judge suggesting that the amendment might place any limit on state authority to do anything.
Organizations such as the National Rifle Association  disagreed with that position and mounted a vigorous campaign claiming that federal regulation of the use of firearms severely curtailed Americans’ Second Amendment rights. Five years after his retirement, during a 1991 appearance on ‘The MacNeil/Lehrer NewsHour,’ Burger himself remarked that the Second Amendment ‘has been the subject of one of the greatest pieces of fraud, I repeat the word ‘fraud,’ on the American public by special interest groups that I have ever seen in my lifetime.’” (Emphasis supplied).
To which all a caring and thinking person can add is: “Amen (and amend).”
Article printed from The Progressive Pulse: http://pulse.ncpolicywatch.org
URL to article: http://pulse.ncpolicywatch.org/2014/04/16/retired-supreme-court-justice-explains-how-to-fix-the-second-amendment/
URLs in this post:
 “A Tax Day sermon,”: http://www.ncpolicywatch.com/2014/04/15/a-tax-day-sermon/
 a deranged Nevada cattle herder named Cliven Bundy : http://thinkprogress.org/justice/2014/04/14/3426222/militia-rancher-behind-bars/
 can vote to explore secession: http://www.jsonline.com/watchdog/noquarter/state-gop-gets-to-vote-on-secession-at-convention-b99246196z1-255113211.html
 can champion tax cuts for the rich: http://www.ncpolicywatch.com/2009/12/26/since-when-is-opposing-the-estate-tax-a-%E2%80%9Cfamily-value%E2%80%9D/
 “Six Amendments: How and Why We Should Change the Constitution”: http://www.hachettebookgroup.com/titles/justice-john-paul-stevens/six-amendments/9780316373722/
 an excerpt of which appeared recently in the Washington Post: http://www.washingtonpost.com/opinions/the-five-extra-words-that-can-fix-the-second-amendment/2014/04/11/f8a19578-b8fa-11e3-96ae-f2c36d2b1245_story.html
 the National Rifle Association: http://www.washingtonpost.com/politics/how-nras-true-believers-converted-a-marksmanship-group-into-a-mighty-gun-lobby/2013/01/12/51c62288-59b9-11e2-88d0-c4cf65c3ad15_story.html
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