Saturday, December 22, 2012

THE CONSCIENCE OF A NATION


I just finished listening to the NRA's first comments regarding the Newtown tragedy. NRA CEO Wayne La Pierre spoke on behalf of his organization at a televised press conference.
 
A more arrogant and off base presentation I have never heard. And I have listened to many as a trial lawyer of almost fifty years.
 
La Pierre suggests that easy accessibility to firearms is not the problem. Nor are our laws. Rather he blamed everyone els and everything else for the shootings. The NRA was not responsible in any fashion. His solution to preclude any further Newtowns was to have guns in schools. Armed guards and/or armed teachers. His position that what stops a bad guy with a gun is a good guy with a gun.
 
I believe La Pierre's comments did much to injure the cause of the NRA. He set them back a number of years. It will be difficult for those elected officials who dance to the NRA's tune to continue to do so. Let me phrase it differently. It should be. We never know with today's politicians.
 
This is a wake up time for America. The time for words is past. Action is required .Dictated. Demanded. Significant laws to restrict gun activity. Anything less is to invite another Newtown.
 
The United States Supreme Court bears responsibility for Newtown, also. The Court came down with two decisions in 2008 and 2010 which aggravated/expanded the problem. The end result of the decisions was that a person is allowed to carry a gun inside and outside the home for purposes of protection. In my opinion, the Second Amendment does not say this.
 
The Second Amendment word for word reads: "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."
 
Why did James Madison write the Second Amendment as he did back in the 1780s? The answer is simple. The United States at the time had no standing army. If an army was required to defend the new Nation, citizens would be called. From the farms and the cities. And they were to bring their guns with them because the government had no guns to give them.
 
What does the reading of the Second Amendment have to do with the right to keep a gun in the home or carry one on the street for purposes of defense? Nothing.
 
I have to smile. We have heard for years that the Suprme Court should be made up of strict constructionists. Persons who would  interpret the Constitution as written. Not those liberal type judges who stretch the law and in effect make law. The Supreme Court in 2008 and 2010 was controlled by a strict constructionist majority. However, they did philosophically what they were opposed to. The Court liberally construed the Second Amendment. Stretched it in my opinion.
 
I ask this question of all die hard NRA/Second Amendment supporters. What is more important, the purported right to bear arms or a child's right to grow up? That is the issue as framed by Newtown.
 
America is at a cross roads regarding guns. I am hopefull immediate appropriate steps will be taken to alleviate the problem. Otherwise, Newtown will not be the last time our children will be a shooting gallery.
 
 
 

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