With the impending Presidential election less than 2 months away there are discussions across the nation about issues many Americans hold dear. The media has emphasized some of these issues, like alternative energy, education, and nationalized (standardized) healthcare. But there are other issues that are as important and not nearly as well covered.

The 2nd Amendment provides for the Right to bear arms. Many liberal politicians seek to restrict the scope and definition of this Right. Some conservatives seek to expand it. But to fully understand this Right, as it exists today it is important to understand the laws and Court rulings in place currently that affect it.

One of the most important and recent would be District of Columbia v. Heller. This case dealt with the right of an American citizen to own a handgun, and to be able to have a rifle or shotgun that is owned to be loaded and/or assembled or unbound by a trigger lock. What was also at issue was something not written, whether an individual had a right to arms or was it that only state militias that had this right.

The Supreme Court ruled 5-4 that individuals do have that right, can own handguns, and have the ultimate decision on how that firearm is maintained in their home. Justice Scalia stated

“In sum, we hold that the District's ban on handgun possession in the home violates the Second Amendment, as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense ... We affirm the judgment of the Court of Appeals.”

It was further stated that it

“should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.”

In essence that further supports existing law. The combination of these comments, and this ruling in general, has helped to ensure that the Right to bear arms continues to live as it did when the Constitution was made.

But if some liberals were to have their dreams, then it may have been possible that this landmark decision could have gone 4-5 against. As such ALL Americans would have faced the potential of losing the right to own handguns currently in their possession, and the encroachment of the Government into their homes to ensure compliance.

Of the candidates looking to be elected as either President or Vice President, the clearest proponent of Heller would be Gov. Sarah Palin.

The only other relevant case would be the 1939 United States v. Miller. This case looked at the right of an individual to own various types of firearms, particularly short-barreled rifles and shotguns and fully automatic firearms. What Miller resolved is hard to understand as many interpretations exist.

Perhaps the best answer is this which came from the abovementioned Heller

“Miller stands only for the proposition that the Second Amendment right, whatever its nature, extends only to certain types of weapons. It is particularly wrongheaded to read Miller for more than what it said, because the case did not even purport to be a thorough examination of the Second Amendment.”

Whatever the interpretation the Court found in Miller that sawed-off shotguns were not included in the 2nd Amendment. It also made clear that the Government had the right to regulate certain types of firearms, which includes fully automatic firearms.

The ambiguous nature of Miller was purposive. And Heller intentionally did not interfere with its ruling.

That is the full breadth of the Supreme Court on the 2nd Amendment. Considering that Heller was just handed down this year, it will likely be faced with challenges and lawmakers that favor or oppose this ruling. The manner in which the Government reacts to these future challenges, and/or the selection of future members of the Court will rest firmly on the shoulders of our next elected Executives.

Labels: 2nd Amendment, Constitution, District of Columbia v. Heller, Gov. Sarah Palin, handgun, Justice Scalia, Presidential election race 2008, Supreme Court, United States v. Miller

This is a repost from Black Entertainment USA and can also be seen at Black & White Blog

What if Black History Month was removed? Would anyone have noticed? Would anyone complain?

It seems not.

Why would I say this? Because I just learned that the school system in Endicott New York has removed all Black studies in the curriculum. There was nothing discussed in this past month about Black History, not even Dr. Martin Luther King, because the entire subject was deemed unimportant.

Hello, stop and read that again. Unimportant and having no place in the minds of any of the children, including those that are African American. And this was all done without a single word to the parents, a single complaint from ANY of the students. It was just wiped out without a concern as if it was no more than a piece of errant string found on a piece of clothing.

Why am I upset? What if the school decided not to discuss the Holocaust, or Native American history? What if all the history about England was removed, or France, or Ancient Rome? What if history in schools forgot about President George Washington, just not ever mentioning what he did, or the Constitution?

People would be up in arms. Parents would be inflamed. Jewish communities would claim its anti-Semitic, Native American Indians would say it’s a slap in the face. Whole communities would demand a reason why their rich pasts were being denied their children. Cries that the fundamental based of what is America was being corrupted.

And I ask, in what way is this different? How are the lives and blood of the African Americans that helped build and shape this nation any less important than anyone else? I am not just talking about the Slaves that literally built the foundations of the nation, but the inventors that created thousands of items we use every day, like the stoplight, or save millions of lives, like blood transfusions. How can we value the lives of soldiers like the Tuskegee Airmen, or those that fought in the Civil War, or the American Revolution with any less honor than every other American.

I don’t know how we can equate those lives and contributions as less, but obviously this town in Upstate New York has. I’m willing to bet that they aren’t the only ones. What are the odds that kids in Montana, or Florida, or Ohio, or any other State have no idea about these inventions or people? How many believe that being a slave, less than a dog or piece of furniture, was no different than having trouble getting a job? I know there are more than a few as I’ve read comments that insist that the trouble the Irish had in getting a job was the same as working 20 hours a day for your entire life, with no days off or concern for your health, without pay, and with the reality that at any moment your entire family may be sold away from you and that you can be killed for no more than amusement or the crime of looking at the wrong person.

If we can allow these schools to just toss away a piece of American History, a history of an essential people that helped found and defend this nation, what will go next? Dr. Martin Luther King’s Holiday? A holiday that over half the nation fought from coming into existence, and many still ignore? Maybe the laws dealing with segregation could be next. And if we get that far, why not restate Jim Crow? Hell, just bring slavery back and make it national.

It’s not that crazy. Slavery was just 5 lifetimes ago for some families. Jim Crow was just 2 or 3. Segregation was just 1. And a people without a history aren’t really a people are they?

And this was so important an issue, that not one child mentioned it. Not one parent noticed. Not one meeting was held. It was just understood that it was ok. As long as no one spoke about it, and no one asked why.

So as long as no one asks you if you are Black, or Hispanic, or whatever color, religion, or background you claim, you are nothing. And you can’t hurt nothing. You can’t defend, offend, steal from, brutalize, rape, murder or anything to nothing. And in Upstate New York, that’s what they are equating being African American with. Perhaps the Jews will be next?

Are you nothing? Is your history, your family nothing? Are you sure?

“Don’t learn Black History because of what you know, learn it because of what you don’t know” – C. Miller

I don’t have children. I’m not a teacher or involved in the school system. Maybe that’s a cop out, maybe not. But I am now aware, and so are you. Part of my responsibility is to let you know, and ask for your comments. What will you do?

Labels: African American, American Revolution, Black History Month, Civil Rights, Civil War, Constitution, Endicott, England, Jim Crow, Martin Luther King, New York, Tuskegee Airmen