Supreme Court gets it right on guns


 

Advocates of freedom dodged a bullet last week when the U.S. Supreme Court ruled 5-4 that the right to keep and bear arms, the subject of the Second Amendment, is an individual, not a collective, right. Opponents of gun ownership have long maintained that the Amendment’s reference to the militia indicates that the right does not apply to private persons.

Thankfully, most of the justices saw this for the nonsense it is. Writing for the majority, Justice Antonin Scalia said the amendment’s preface — "A well regulated Militia, being necessary to the security of a free State" — "announces the purpose for which the right was codified: to prevent elimination of the militia." It should not, Scalia went on, be seen as limiting the right specified in its main clause: "the right of the people to keep and bear Arms, shall not be infringed."

Scalia’s opinion goes to the heart of the matter. The Second Amendment recognizes an inherent right that precedes government. It does not purport to create one.

In his dissent Justice John Paul Stevens said that since the explicit purpose of the Second Amendment does not include hunting and self-defense, those uses of firearms couldn’t have been intended by the framers.

Those framers clearly understood the principle of rights better than Stevens does. If one has a right, one may exercise it for any purpose consistent with the rights of others. Keeping and bearing arms for self-defense or hunting violates no one else’s right. So it is entirely consistent with the Amendment.

Stevens’ conclusion implies that government creates rights and thus can create a right that could be exercised for one purpose (the militia) but not for others (self-defense). That would amount to a wholesale rejection of the Jeffersonian philosophy found in the Declaration of Independence and a repudiation of the American Revolution.

The misunderstanding of the nature of rights runs deep.

After the decision, the Chicago Tribune called for repeal of the Second Amendment. But if rights are inherent in human nature, repeal would make no difference. A right would not disappear merely because a government document ceased to say it shall not be infringed. Do the Tribune editors seriously believe that had the Bill of Rights never been added to the Constitution, the people would have no right to keep and bear arms? That is ridiculous.


u u u


Scalia’s opinion is fine as far as it goes. The case resulted from a challenge to a District of Columbia law that bans handguns from private homes. The law also requires that shotguns and rifles be kept disassembled and trigger-locked. In Scalia’s words, "The enshrinement of constitutional rights necessarily takes certain policy choices off the table.

"These include the absolute prohibition of handguns held and used for self-defense in the home. Undoubtedly some think that the Second Amendment is outmoded in a society where our standing army is the pride of our Nation, where well-trained police forces provide personal security, and where gun violence is a serious problem. That is perhaps debatable, but what is not debatable is that it is not the role of this Court to pronounce the Second Amendment extinct."

Unfortunately, the majority opinion allows for gun regulations that fall short of outright bans. Existing regulations will now be tested in court. In the end, the ruling may have little effect on most gun laws, but the declaration that gun rights are individual rights is important. Think what we would have witnessed had the case gone the other way.


u u u


In a second dissenting opinion, Justice Stephen Breyer said, "Far more important are the unfortunate consequences that today’s decision is likely to spawn. Not least of these, as I have said, is the fact that the decision threatens to throw into doubt the constitutionality of gun laws throughout the United States. I can find no sound legal basis for launching the courts on so formidable and potentially dangerous a mission."

Well, excuse me, Justice Breyer, if protection of our freedoms imposes a formidable and potentially dangerous mission on the court. Talk about the tail wagging the dog! It would be far more dangerous — to the people — if firearms were banned. Criminals would get them anyway. But the law-abiding among us would be left vulnerable.

 

Sheldon Richman is senior fellow at The Future of Freedom Foundation (www.fff.org).

Latest News

Crescendo’s upcoming tribute to Wanda Landowska

Kenneth Weiss (above) will play a solo recital performance in honor of Wanda Landowska, a harpischord virtuoso, who lived in Lakeville for many years.

Provided

On Sept. 14, Crescendo, the award-winning music program based in Lakeville, will present a harpsichord solo recital by Kenneth Weiss in honor of world-renowned harpsichordist Wanda Landowska. Landowska lived in Lakeville from 1941 to 1959. Weiss is a professor at the Paris Conservatoire and has taught at Julliard. Born in New York, he now resides in Europe.

Weiss will play selections from “A Treasury of Harpsichord Music.” It includes works by Baroque composers such as Bach, Mozart, and Handel. It was recorded by Landowska at her Lakeville home, at 63 Millerton Road, which overlooks Lakeville Lake. Weiss said, “I am honored and excited to play in Lakeville, where Wanda Landowska lived.”

Keep ReadingShow less
Silent cinema, live magic

The live audience at Music Mountain takes in a silent film Sept. 7.

Natalia Zukerman

On Saturday, Sept. 7, Gordon Hall at Music Mountain was transformed into a time machine, transporting the audience for a 1920’s spectacular of silent films and live music. Featuring internationally acclaimed silent film musicians Donald Sosin and Joanna Seaton, the evening began with a singalong of songs by Gershwin, Irving Berlin and more. Lyrics for favorites like “Ain’t We Got Fun,” “Yes Sir That’s My Baby,” and “Ain’t Misbehavin’” were projected on the screen and Sosin and Seaton lead the crowd with an easeful joy. The couple then retreated to the side of the stage where they provided the live and improvised score for Buster Keaton’s 1922 short, “Cops,” and his 1924 comedy, “Sherlock Jr.”

Joanna Seaton and Donald Sosin, a husband-and-wife duo, have crafted a singular career, captivating audiences at some of the world’s most prestigious film festivals—New York, TriBeCa, San Francisco, Seattle, Denver, Telluride, and Yorkshire among them. Their performances have graced venerable institutions like MoMA, Film at Lincoln Center, the AFI Silver Theatre, and Moscow’s celebrated Lumière Gallery. Their melodic journey has taken them to far-flung locales such as the Thailand Silent Film Festival and the Jecheon International Music and Film Festival in South Korea. Notably, Seaton and Sosin have become a fixture at Italy’s renowned silent film festivals in Bologna and Pordenone, where they perform annually.

Keep ReadingShow less
Desperately seeking Susan Seidelman

The cover art for Seidelman's memoir "Desperately Seeking Something."

Provided

On Thursday, Sept. 19 at 6 p.m., Haystack Book Talks will present a special evening with director Susan Seidelman, author of “Desperately Seeking Something: A Memoir About Movies, Mothers, and Material Girls.” Part of the Haystack Book Festival run by Michael Selleck, the event will take place at the Norfolk Library, featuring a conversation with Mark Erder after a screening of the 1984 classic, “Desperately Seeking Susan.”

Susan Seidelman’s fearless debut film, “Smithereens,” premiered in 1982 and was the first American indie film to ever compete at Cannes. Then came “Desperately Seeking Susan,” a smash hit that not only solidified her place in Hollywood but helped launch Madonna’s career. Her films, blending classic Hollywood storytelling with New York’s downtown energy, feature unconventional women navigating unique lives. Seidelman continued to shape pop culture into the ’90s, directing the pilot for “Sex and the City.” Four decades later, Seidelman’s stories are still as sharp, funny, and insightful as ever.

Keep ReadingShow less
Annual Tritle organ concert at Smithfield

Kent Tritle at the organ of the Cathedral of St. John the Divine in NYC.

Joshua Smitth

An anticipated fall favorite event at The Smithfield Church is the now-annual virtuoso organ performance by Kent Tritle, organist for the New York Philharmonic, this year to be joined by Arthur Fiacco, Jr. on Cello. The concert will be held on Saturday, Sept. 14, at 3:30 p.m. Proceeds will benefit the Oratorio Society of New York where Tritle serves as Music Director.

For the past ten years, Tritle has performed an annual concert on the Smithfield Church’s historic tracker organ, a favorite of his. The program will include a variety of selections, from classical to modern, along with Tritle’s incomparable commentary on each. Selections will include organ solos and duets with cello, interpreting the works of Bach, Vivaldi and Mendelssohn, with two works by modern composers.

Keep ReadingShow less