The Inconvenient Constitution

April 18th, 2007 · 18 Comments · National

When I left for the Adirondacks on Monday morning to serve as a pallbearer at my mother-in-law’s funeral, the last thing I expected was to grieve for 32 more victims of the grim reaper.

On the drive up I had heard that 21 or so students and faculty at Virginia Tech had been slain by a madman. When the wake was over, I learned in the car that the number had risen to 32, which would become the final tally.

After reeling in shock, I recalled the time almost 20 years ago that I attended the wedding rehearsal dinner of a close friend from high school. The bride’s father was a professor at VT and so the event was held on the campus at the faculty club.

The wedding and reception were held the next day up in the mountains north of Blacksburg at the same resort in which the movie Dirty Dancing was filmed. But I digress …

It seems that no sooner had the bodies been removed and the blood mopped up from the floor than the political posturing and second-guessing began. On yesterday’s ride home, right-wing blowhard Sean Hannity condemned gun control advocates for saying the VT tragedy “proves we need more gun control.”

Of course, in the next breath Hannity mentioned the case of the handgun murder Tuesday of the mayor of Nagasaki, Japan, a country with some of the most restrictive firearms laws in the world.

Not to be outdone by gun control proponents in the politicization department, hypocrit Hannity, who speaks for millions on the right, told us, “This just shows you how ineffective gun control laws are.” But I suppose I digress again …

It has always struck me as odd that people who put great faith in the ability of the government to control guns tend be the same folks who tell us the government can’t do much of anything to stop the flow of illegal drugs. You’ll never control drugs from the supply side, they tell us. You have to deal with the root problem.

I don’t think the authorities can control the flow of either. If people want drug or guns, suppliers will find a way to get it to them. And if the price is high enough, dealers will take great risks to get their goods to buyers.

Various gun groups pro and con read into it what they will, but the Second Amendment has always struck me as one of those uncomfortable truths that bothers people on the left. I don’t own a gun and have never belonged to the NRA, but it’s clear to me that the Bill of Rights protects our right to bear arms. The phrase “a well regulated militia” does not necessarily refer to the military or the police. In the 18th century, a militia was the people.

Besides, I take some comfort in knowing that if the government really goes too far, it’s possible the people could take arms against it and seize power. It’s an old fashioned notion, I know, but I think it’s what the Framers intended.

I don’t have a problem with requiring people to register their guns or conducting background checks if it means we can stop people like Cho Seung-Hui from carrying out mass future murders. Indeed, the courts have largely upheld the rights of states to enact “reasonable restrictions.” The question, of course, is what constitutes reasonable.

The larger issue is what to do with people like Cho Seung-Hui. As is the case with most mass murderers, there were plenty of warning signs along the way. But this is America. You can’t just lock people up because they seem creepy or because they have authored violent writings.

Unfortunately, these types of tragedies are the price we pay for freedom. Lots of guns and drugs, flag burning, pornography — often unsavory elements of our society that certain interest groups would like to banish from the face of the earth, but which are rendered largely unstoppable by the Constitution. How inconvenient, but I digress …

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18 responses so far ↓

1 Marshall Miles // Apr 18, 2007 at 5:29 pm

Terry:

Its interesting you bring this up.

Just this morning on my radio show, I lambasted Mr. Obama for comparing Don Imus and his verbal violence, to the shootings (on the very same day no less). I have the audio of his rambling speech on the matter, I will post it on my archived audio site, if anyone wants to hear it. To me, Obama came off as a political novice, trying to make hay on this situation.

I said this morning, that any comments on the day of, or for the next week or so, on the shootings, should be limited to condolences and prayer for the victims and families.

But, agendas are always more important in American politics and media, than common decency.

The debate on gun control, never has been well served on either side, by tieing it to a tragedy of the proportions we have just seen. Its just as wrong to politicise it as well. Thats where Senator Obama should be ashamed of his comments.

Any reaction on the heels of a tragedy is a recepie for a poor law, or poor interpitation of a law…its just to emotional of a time right now.
2 fred // Apr 18, 2007 at 6:58 pm

I heard Dr. Phill blaming the video game industry… sure.. their work is violent and grotesque and I would not touch it with a 10 foot pole….

but he’s just another personality trying to get their voice on the airwaves for their 15 minutes of fame on the heels of a tragedy. It’s not the root of the problem.

I agree with Marshall… if anything from here on is to be said [by these politicians] about this event.. it should be to offer the condolences and prayers for the victims and their families.

I don’t want to hear anything else come out of their mouths.
3 John Pollard // Apr 18, 2007 at 8:42 pm

Terry,

You are indeed correct that the 2nd Amendment was intended as the final check against tyranny. Basically, the founders gave the people the right and means to overthrow the government whenever they want, should it ever fail to serve them well enough.

The 2nd amendment doesn’t guarantee unlimited rights to keep and bear arms. Automatic weapons are restricted to vetted license holders, and several categories of persons are denied the right to possess guns; convicted felons, dishonorably-discharged veterans, the insane, etc.

We have a 15-day waiting period for handguns nationwide now, the purpose of which is to provide a “cooling off” period for impulsive violent buyers, and a quick national database background check. I bought two hunting rifles in Georgia this year and the background check is a quick phone call to some police office to check the buyer’s status in the nationwide database. Felony convictions are held in the database, and I was under the impression that mental patients were listed as well. In Blacksburg, the shooter legally bought the two guns used at a local shop, passed the background check, but his prior forced admission to a mental hospital was overlooked. This, to me, is the tragedy here. We have a system in place and supposedly working well to keep guns out of the hands of a person like this, but which obviously failed here.

I’m an on-again, off-again member of the NRA and I’m curious to see what they call for here. I hope it is a call to fully implement our existing background check system into the mental health system, not just the law enforcement records…

Ramblingly,

JP
4 fred // Apr 18, 2007 at 9:43 pm

thats a little too much… if I checked myself into a mental health hospital for mental exhaustion or depression.. i then could never buy a hunting rifle?

being a violent felony is cut and dry. you lost your rights for specific things when you committed a crime… but If i check myself into a clinic for depression… they can’t put WHY i was there in a national database. It’s a violation of privacy… so all they would see is that I was at a clinic… it could have been for threatening to kill someone… or it could have been because I was feeling a little blue… they could not release that information.. and they cant deny me my right just becasue i was in a “hospital”

5 Terry // Apr 18, 2007 at 10:05 pm

Marshall,

Here is an audio link http://www.wispolitics.com/1006/20070416obama.mp3 to Obama’s comments. Most striking is that he said Imus was a role model for his daughters — or at least that’s what I thought he said. Yikes! Here what Mickey Kaus had to say. I agree with him. It’s not so bad when you listen to it:

Barack the Hack:
Barack Obama’s misguided attempt to connect the Virgina Tech murders with the Imus slur (”quiet violence”) and, yes, loss of health care benefits due to layoffs and overseas competition, doesn’t come off quite as obscene as you’d expect when you listen to it–because Obama’s delivery is too fatigued and subdued, even depressive, to trigger the sense that he’s manipulating anybody. Still, it’s not exactly evidence of a fresh intelligence, or even basic common sense, at work–much less rising to the occasion. It suggests a mindset that tries to fit every event into a familiar, comforting framework he can spoon-feed his audience without disturbing them. … Charitable explanation: Democratic primary campaigns will do that to you. …

6 Amy // Apr 19, 2007 at 8:15 am

As my father loves to say: “An armed society is a polite society.” Switzerland requires every able-bodied male adult to own a rifle; not much crime in Switzerland. England barely lets their bobbies carry a handgun; muggings are very common there.
My husband and I have been considering getting our pistol permits and it seems like a better idea more and more. I’m even considering a concealed carry permit as well. However, in two months’ time we are moving to upstate New York (victims of the housing market, but that’s another post), so we need to find out what New York’s regulations are before we go ahead and do that. It really should be easier.
7 Terry // Apr 20, 2007 at 6:59 am

As a member of the news media, I’ve beeb looking at that video “manifesto” Cho Seung-Hui sent to NBC. Should they and all the other networks have broadcast it? This morning Marshall was urging viewers who were fed up to let the networks know about it. But of course, he is already boycotting NBC and CBS over the Imus affair.

Of course, only a little of Cho’s video rant was actually shown, so some restraint was demonstrated, but I tend to agree. Here’s the scenario the networks could find themselves in: a copycat is inspired to commit a similar act and mails Cho-like video footage of his hate to the networks.

What do they do then? Broadcast this guy, too? As a journalist it would give me pause and cause me to re-examine my actions in airing the first tapes.

The fact that Cho’s manifesto was sent to NBC was news but was it appropriate to broadcast that much of it? I say no.
8 Marshall Miles // Apr 20, 2007 at 7:18 am

As I said yesterday….it was improper to show the video, any part of it, at this time. Families have not even laid to rest thier sons, daughters, grandkids, brothers, sisters….

There is plenty of time for networks to get ratings at a later date. All the networks did was glorify this nut, and make it seem like the whole incident was part of a video game.

It was deplorable.

NBC, CBS, FOX, CNN all aired the video, or excerpts from the video….

Whoever made the decision to air it should be axed (if the networks follow their Imus example)!

Again, I say spineless broadcast executives in the mainstream media..they don’t care about what you think, or waht people on their networks say…they care about ratings, being first with a story, and money.

How offensive was showing the video and stil pictures over and over? How offensive to the families of the dead, the families of the injured, the families of the survivors?

I contend it was very offensive.

Again, a matter of taste, the networks decide what you like to view and lsiten to.
9 Amy // Apr 20, 2007 at 10:14 am

My home page is CNN.com. The lead photo on Wednesday was of Cho with a gun to his head, a screen shot from his “video manifesto”. Did I think it was completely inappropriate? Of course. Did I write to CNN to complain? Absolutely.

Marshall has a great point. We need to boycott the news media that presents distasteful information, but we also need to let them know why we are doing so. If the news media gets inundated with letters, phone calls and emails, maybe they will change the way the do things. Maybe. I’m not holding my breath, though.
10 fred // Apr 20, 2007 at 10:49 am

it’s no different than when they showed parts of sadam hussein’s hanging or clips of the beheadding of some of america’s journalists and citizens held captive in iraq… they claim themselves decent because they didnt show the bloody parts.. but replay the rest of it every 10 minutes.

most people in america want to view it like they slow down on the highway to see a car accident… they dont want to.. but they just can’t help themselves.

and nbc, cbs, cnn, abc, All of them capitalize on it.
11 Paul Bartomioli // Apr 20, 2007 at 8:18 pm

15 day “national waiting period?” Since when? A CCW in CT allows me to walk in to a firearm dealer, pay my money, wait for the phone call to NICS, and walk out with the chosen new toy. Total time, on a bad day, is about an hour.

This miscreant LIED on a form 4473. If he did not lie, the sale would not have been completed, with or without NICS. Name one gun law that has stopped a crime.

History in this country has shown that an armed society is a polite society. Yes, I am her father. The hoplophobes wail and wax poetic about gunfights at the car wash whenever expanding the right to carry a firearm for personal protection is discussed. As the facts unfold, the lie from them becomes clear; however, the “independent” msm never admits their lies.

Consider this:

In 1964, the first year the NHTSA kept the stats, approximately 43,000 people were killed in automobile accidents in the US. Approximately 43,000 people were killed in firearm accidents in the US, as well. In 2003, the last year I have seen stats for, approximately 42,000 people were killed in motor vehicle accidents, despite 40 years of safety improvements, etc. In 2003, approximately 20,000 people were killed in firearm accidents. During this period, the number of firearms ROSE from 1 for every 2 households, to approximately 1.5 for every 2 households. Now, go back and find out the population increase in the US during that time. The sheer physical number of increased firearms owned in the US is staggering. According to the hoplophobic logic, every street in the US should be stained a permanent red.

Cho was a dangerous, violent man. Yes, he probably should have been locked up. But, what if, in his world, everything he did was correct? He lied on the 4473 because he saw the form a part of the tyranny he railed against. Common term for this behavior: nutcase.

I never want to see the day when the police “predict” who will be a criminal and stop the crime prior to its commission. Gee, wouldn’t that make a great scifi movie? Maybe Will Smith would star in it!!! Now, what was that movie title?
12 Doug Richardson // Apr 21, 2007 at 7:39 am

Regarding a boycott:

It doesn’t work. I toiled in two network vinyards for a long time, and boycotts by viewers mean nothing.

What means SOMETHING is loud and prolonged angry voices to the advertisers…write, call and rail to them. As we saw in the Imus affair, the networks only take action when their advertisers weigh in on a subject. It took Moonves a week to get rid of Imus; during that week he was getting feedback from his sales guys and the advertisers themselves. When he saw the amount of damage about to be wroght, he acted.

As a single viewer, you a drop in the ocean. Your staus is much greater with the companies trying to sxell you a product.
13 Doug Richardson // Apr 21, 2007 at 7:41 am

Someday I’ll learn to type.
14 Paul Bartomioli // Apr 21, 2007 at 8:18 am

Terry, you actually agree with Hannity. See, he has a defined position, while yours tries to be “more flexible.” and that magic word “reasonable.”

Time for a history lesson. 232 years ago, April 19, 1775, the British and the insurgents met at a bridge for “the shot heard ’round the world.” Why??

The British were on their way to Lexington to seize the rifles from the militia, which for that area was based in Lexington. There was a small armoury where spare ammo, powder and firearms were stored. The Brits knew where the guns were.

Fast forward to today: the government does not know where all the guns are. IF I were to follow your “reasonable” request and register my guns, at some future date, some government would have the means at hand to pick up my guns. Rent the movie “Red Dawn,” I think. It concerns an invasion of the US, made about 20 years ago. Pay attention to the line: go to the gunshops and get the 4473s. That is the form that is required for every purchase of a firearm, since 1968. Find those and you find the guns. See, we do have gun registration….

That is form Cho lied on. Laws do not stop criminals, only those that obey the law.

BTW, go get a CCW. You don’t need to own a gun, but the process would be educational for you and any other member of the “unbiased” media. Also, bookmark this link:
http://nra.org

It provides a wealth of information on gun laws, etc that you might find interesting. Neat thing: you don’t have to be a member.
15 Marshall Miles // Apr 21, 2007 at 8:40 am

Paul, getting information on gun control from the N.R.A is kind of like getting information on how to protect the chicken coup from the fox!
16 Paul Bartomioli // Apr 21, 2007 at 10:01 am

except that unlike Saint Sarah, and her Gun Control crowd, the information is correct. BTW, the information concerns gun laws, what is and is not legal, etc. I made no mention of “gun control.” In my world, gun control is hitting your target, not demonizing a piece of machinery.

For example: Is Congress considering banning assault weapons? According to Saint Sarah, yes. That is a lie. Since you are part of the 90% that are the uneducated consumer, you listen to the lies and say, “that’s reasonable.”

The truth requires you to be educated. You choose to not be educated, it takes too long, it’s boring, ad nauseum.

But, let’s go to a gun blog and we can discuss this in depth, or you can ask me. The facts I provided are accurate and verifiable. I have no need to lie.
17 Marshall Miles // Apr 21, 2007 at 10:41 am

Lighten up paul…

You just left me a perfect place to drop a little humor in (obviously, the key word was little!).
18 Paul Bartomioli // Apr 21, 2007 at 11:09 pm

I have, Marshall. I’ve lost over 50 pounds in the last year and a half. Still have about 15-20 more to go.

I’m surprised you didn’t notice!!

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