It's not about guns...
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The Supreme Court decided 14th Amendment incorporation for handguns in the home in 2010.
The Supreme Court has left open the path for national policy by validating the original civic
purpose concluded by Judge Silberman in Heller that we can have "registration ... for
militia service if called up." The challenge now is for the political leadership for national
policy. The appeal is to the Holder Justice Department.
The former homepage through March 5, 2008, has been moved to a new file.
Addressing Gun Violence
contains more information.
The homepage from March 5, 2008, to July 16, 2008, the most important part of which is a letter to Walter Dellinger who argued for the DC gov to the Supreme Court, has been moved to "Whither the United States of America?". There are other important observations.
There is nothing unconstitutional about a national policy based on
registration and reporting of private sales. The
Militia Act of 1792, enacted by the same people who ratified the Second Amendment,
required gun owners to be enrolled for militia duty that is, registered in gun rights consciousness and that their privately owned weapons
be placed on inventories.
In 1983, gun rights advocate
Don Kates in an article in the Mich. Law. Rev. was intellectually honest enough to recognize that registration was okay by original design and intent. Civic obligation, again, triumphs over insurrectionist fantasies. Kates gives no compelling purpose that the courts need to protect for the right to have a registered gun. The NRA's chief
"scholar", Stephen Halbrook, was horrified by Kates' registration concession and the disagreement within the gun lobby and among its "scholars" has
never been resolved. It has been resolved by the courts.
There is a much greater burden of historic responsibility. The DC Government cannot be faulted too severely for failed leadership when everyone else fails. Failure spans the whole spectrum of politicians and the multiplicity and multitude of our shallow, lazy news organs. This is where we discover who we are.
There is a reason why the NRA, which now embraces Heller, has worked very hard to keep gun rights cases out of court. The gun lobby, led by the NRA,
would fight viciously to defeat any legislative attempts to implement Judge
Silberman's conclusions. See the NRA's
Registration and Licensing Fact Sheet. Silberman's his conclusions make the much ballyhooed individual right
he seeks to invent and the core doctrine the gun lobby works hardest to maintain by defeating legislation perfectly meaningless.
The next struggle in the courts is over Fourteenth Amendment incorporation against the states. That is the only real meaning for a Bill of Rights guarantee for individuals. That becomes very problematic. The hard core Libertarian Right has never accepted the expansion of federal authority to protect other rights against state infringment. Why the exception for Second Amendment rights? If the courts will find a fundamental right in private gun ownership and protect that right against "infringement" or "abridgement" against the states the court have to find a compelling state purpose for the infringement. The only compelling purpose the gun rights ideologies have offered is the anti-state purpose of insurrection that is, a civil right to treason. If the courts will protect that right against infringement that is, in gun rights ideologies, against accountability to law and
regulation. Will the courts now embrace this compelling purpose as a civil liberty? The Supreme Court's justices are already in conflict with themselves if they want to go in the direction of any Fourteenth Amendment incorporation.
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http://www.potowmack.org/indexVI.html
update 9/15/2010
http://www.potowmack.org/jlmalc.html
There is no reason to be optimistic about political leadership.
revised 09/08/2008
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[RESOURCES], Newspaper,
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Assaulting Jim Zumbo
The NRA on Extremists
NRA scams its members
The Lionel Show
AirAm Radio's ignorant, crude, ugly,
air waves barbarian
Dear John Ashcroft
The armed populace doctrine at the DOJ
The Washington Post
cultivating ignorance.
Gun Policy News
news stories compiled daily.
"Sixty Minutes"
Failing its Mission
NPR's Diane Rehm
Civilized without Substance.
A longstanding dereliction.
Violence Policy Center
The public health agenda
falls in line with the NRA.
AFL-CIO
Getting it right but
failing its mission in the
larger struggle
Militia Act of 1792
To enroll conscript, register
Return of Militia
Inventory of private weapons in
the early Republic reported to the
President of the US
History
John Kenneth Rowland
Lawrence Cress
John K. Mahon
Others
Pseudohistory
LaPierre's list
The Quotes, the Quotes
Fabricating the armed populace doctrine
Libertarians, Conservatives
Tenn. Law Rev., 1995
Chicago-Kent Symposium, 2000
What does the NRA want?
VI. Toward a national firearms policy
The DC government had no business taking Parker to the Supreme Court. There were murmmerings in the news leading up to the Supreme Court opinion that the DC government would have to rethink its gun control law.
http://www.potowmack.org/parkappf.pdf
http://www.potowmack.org/milret.html
The inventories were reported to the President of the United States
who reported them to Congress. Those inventories were maintained
into the 1830s by which time the conscript militia had become a
moribund institution. Militia duty was conscript duty. The coerced civic obligation was resurrected and transformed in the twentieth century Selective Service Acts. By original design and intent, military preparedness trumps all rights and other concerns and interests as Judge Silberman in the end seemed to appreciate. The Supreme Court has not contradicted his conclusions.
http://www.mcclatchydc.com/homepage/story/31563.html
He argued that the court has to respect the will of the people as expressed
in the will of Congress when the will of Congress is an expression of NRA
lobbyists which include Halbrook.
http://www.gunweek.com/2003/nra060103.html
http://www.cato.org/pub_display.php?pub_id=3175
http://www.potowmack.org/feldman.html
http://www.potowmack.org/warin.html
http://www.potowmack.org/silveira.html
http://www.potowmack.org/nordyke.html
http://www.potowmack.org/emeramic.html
http://wwwa.potowmack.org/parker.html
http://www.potowmack.org/5issues.html#14th.
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