Search Harrold's blog

   only Harrold's Blog
index sitemap advanced
site search by freefind
 
halfmast US Flag smallLest We Forget...September 11th, The Victims ... and our enemies. Crusader Cross Christian Cross Knights Templar Cross, red on white background Christian Cross animated chess pieces
→ (allies=friends, enemies=treason) ←
War, the Long War: A Just Crusade
"It is a principle incorporated into the settled policy of America, that as peace is better than war, war is better than tribute."
-- James Madison (letter to the [Muslim] Dey of Algiers, August 1816) Reference: Madison, III, page 17
"The sun hangs low on the horizon." -- GB (2009)
Countdown until Obama leaves Office
The 2016 Presidential Election begins in
"Elections Are Not Won by Who Voted.  They are Lost by Who Did Not" ~ rfh
"If you were a liberal 20 years ago, without changing your positions on any issues, today you would be a conservative." -- KD, 2010

"Beware lest in your anxiety to avoid war you obtain a master." -- Demosthenes (384-322 BC)
9.11 fading? Listen: Secure-Skies.org small speaker icon
"Si vis pacem, para bellum." - Publius Flavius Vegetius Renatus (c. 378-395) "If you wish for peace, prepare for war."

Also see: o'quotes and o'related videos

Friday, April 25, 2014

1st Amendment Guide to the 2nd (David Kopel, WP, 21Apr14)



The First Amendment Guide to the Second Amendment

By David Kopel Updated: April 21 at 5:34 pm

Back in 1995, the Tennessee Law Review published a symposium issue on the Second Amendment and firearms policy. That symposium was probably the most influential law review symposium ever published on the topic. (More on that issue, below.) This year, the Tennessee Law Review is doing another Second Amendment symposium. My contribution to the forthcoming issue is The First Amendment Guide to the Second Amendment.
As the article explains, post-Heller courts have frequently looked to the First Amendment for guidance on Second Amendment questions. This is sensible, because since the Supreme Court began taking the First Amendment seriously about 75 years ago, a rich body of precedent has been developed. The First and Second Amendments both safeguard natural, pre-existing human rights, whereas Amendments 4-8 are mainly controls on particular government processes, and Amendments 9-10 are interpretive rules.
Part I of the article explains how the Supreme Court in Heller and McDonald used First Amendment tools and analogies to help resolve Second Amendment issues. This was consistent with several earlier Supreme Court cases, which treated the First and Second Amendments in pari materia. 
Part II of details how the influential lower court decisions of Ezell v. Chicago (7th Cir.) and Heller II (D.C. Cir.) have followed (or misapplied) the Supreme Court’s First/Second Amendment teaching.
In Part III, I argue that the First and Second Amendments share several common interpretive principles. These are:
  • The Amendment Is Not Limited to Its Core. First Amendment free speech/press is not only about politics, and the Second Amendment is not only about self-defense.
  • The First and Second Amendments Have Synecdoches. “Press” means more than just printing presses, and “arms” includes more than just weapons.
  • Rights That Are Not Expressly Stated May Be Inferred from Other Rights—Examples Include the Right of Association and the Right of Self-Defense. Both Amendments protect non-textual rights whose existence is readily inferred from the text.
  • Not All Original Practices Are Per Se Constitutional Today. Laws against blasphemy or seditious libel are clear examples in the First Amendment context. They warn us to not accept uncritically every possible municipal gun law from the Founding Era.
  • Both Amendments Accommodate Technological Change. The First Amendment applies to the modern press (e.g., television and blogs), and the Second Amendment applies to modern firearms and accessories.
  • Both Amendments Aim for the Preservation or Restoration of Ordered Liberty and Civic Virtue. They seek to cultivate  virtuous, responsible, and self-controlled citizens who will use their rights to improve the moral character of themselves and of the public, and who will preserve constitutionally ordered liberty.
  • Guns and newspapers are not like movies of men having sex with sheep. A point that is perhaps more obvious to the general public than to legal academia.
Part IV examines the application of particular First Amendment doctrines to the Second Amendment. Some of these doctrines are an easy fit: Courts should strike legislation whose purpose was to suppress the exercise of a constitutional right. Courts should be especially vigilant against vague laws which may chill the exercise of rights. “Less restrictive means” and “overbreadth” should be used when assessing the constitutionality of particular restriction. Minors have fewer rights than adults, but the minors may not be categorically prohibited from exercising First or Second Amendment rights.
The most notable First Amendment doctrine which does not transpose to the Second Amendment is the rule against prior restraints. Heller has clearly stated that laws prohibiting gun possession by convicted felons are presumptively constitutional. In the First Amendment, this would be an invalid prior restraint. (E.g., a law stating that someone convicted of libel, obscenity, or of revealing troop movements in wartime could not write newspaper articles in the future.) In the Second Amendment, this is not unconstitutional, according to modern precedent.
Instead, courts should follow the teachings of the Supreme Court cases that have allowed limited prior restraints on some forms of speech: the restraint must last no longer than necessary; there must be a speedy process for the initial decision and for review; and the final determination must be made by a neutral decision-maker, preferably a court under a de novo standard.
The foreword to the Tennessee symposium is written by Glenn Reynolds: The Second Amendment as Ordinary Constitutional Law. His essay examines the intellectual re-discovery of the Second Amendment by the legal academy and the courts during the late 20th century, following the Burger Court period of ignoring the right to arms.
As for the 1995 symposium, some of the articles are available at the Second Amendment Law Library section of www.guncite.com. The article with the most enduring relevance is probably Stephen Halbrook’s  Congress Interprets the Second Amendment: Declarations by a Co-Equal Branch on the Individual Right to Keep and Bear Arms. Halbrook details various congressional legislation to expressly protect the individual Second Amendment right to arms. The Halbrook article was the first to discuss the 1941 Property Requisition Act, which expressly forbade the seizure or registration of firearms for national defense.
Don Kates, Henry Schaffer, John Lattimer, George Murray, and Edwin Cassem wrote a huge article, Guns and Public Health: Epidemic of Violence or Pandemic of Propaganda? which deconstructed the “public health” argument for gun prohibition, and some of the very poor-quality research on it which had been funded with tax dollars.
Finally, there was Glenn Reynolds’s A Critical Guide to the Second AmendmentReynolds summarized the “standard model” that had become the norm among most (although not all) Second Amendment scholars; the standard model would later be adopted by Heller: The Second Amendment guarantees the right of the individual to own and carry firearms, including handguns. The right aims to promote the militia, but the right is not dependent on the militia. Some non-prohibitory regulations are constitutional. (Reynolds offered his own list of such controls, but whether he was right about any particular item on the list is less important than his general point that the Second Amendment does not forbid all gun control.)
Also in the 1995 issue was an article by Clayton Cramer and me, “Shall Issue”: The New Wave of Concealed Handgun Permit Laws. We did a before/after study of states which had enacted Right to Carry laws, and found that there was usually a notable decline in homicide, compared to national rates. However, our simple study has been supplanted by much more sophisticated studies after 1995.
© The Washington Post Company

No comments:

Post a Comment

Please, avoid posting advertisements. Content comments are welcomed, including anonymous. Posts with profanity will not be published.

25 Most Recent Posts

Blog Archive

o'quotes & related videos



Mar 11, 2008 - "My friends, we live in the greatest nation in the history of the world.  I hope you'll join with me as we try to change it." -- B. Hussein Obama

animated burning question

sound or narration
Pledge of Allegiance


Gov't Off Our Backs
o'KGB?: "Remember..comrade, one day it will be your mission to destroy those bourgeoisie capitalist freedoms." small video camera image
o'mam: 'The Prettiest Sound On Earth At Sunset' is the Muslim call to prayer. small video camera image
o'anti-colonialist: Constitution..is imperfect..flawed..colonial small video camera image
o'Marxist: 'I sought out..the Marxist professors..' small video camera image
o'cap'n tax: 'Under my plan, energy costs will necessarily skyrocket..'
2008: o'bamacide's 'Culture of Death' "The first thing I'd do as President is sign the Freedom of Choice Act."
o'who?: 'We do not consider ourselves a Christian nation..' small video camera image
ø'commie: 'It's not surprising..they get bitter, they cling to guns or religion..' small video camera image
o'bamacide: 'doesn't want his daughters punished with a baby..mistake' (773)
2008: '..5 days away..fundamentally transforming the U.S. of America..' small video camera image
2008: 'Judge me by..whom I surround myself.'
2009: "Islam has a proud tradition of tolerance." Hussein Obama, Cairo, Egypt, June 4, 2009 small video camera image
2010: 'I am a muslim."
2012: 'If I had a son, he'd look like..' small video camera image
2012: o'stand down 'What difference does it make?, phony scandals, real dead peoplesmall symbol of a sound speaker
2013: 'Catholics and Protestants are divisive..'
o'der führer: '..reject..'voices' that warn of tyranny.'
2014: o'der leader 'That's the Good Thing as a President, I Can Do Whatever I Want.'

"The Rise and The Fall of Great Civilizations - From Apathy to Dependence to Slavery"
http://www.corson.org/archives/sociological/S27_090109.htm
by 'The Corsons', John and Janice Corson (John is a member of the American Conservative Union and the Federalist Society.)

2nd Amendment: Safety and Training small books icons movie or video sound or narration Games/Diversions Reference and Reading small books icons movie or video
"Arm your self with the ballot, while you still have arms." -- rfh
773The 2012 Presidential Election:but not for many children! Read Facts as to Why not? & See contributor$ who benefit.
3 Images of Change: Hitler, Obama, Lenin Communism What is it?

Undercover FBI
View more.
Alan Keyes:

Right Then,
Right Now

au contraire

Return to this blog's 1st Page

Followers

Judica me, Deus, et discerne causam meam de gente non sancta.
Do me justice, O God, and distinguish my cause from the nation that is not holy.
- Psalms 43 KJV, 42 Douay Rheims

Stay up to date on Harrold's blog:


2nd Amendment TV (videos)
"The American Revolution would never have happened with gun control."
E.W. Jackson (R-Va)

May 18, 2013
    Alan Keyes, "He must be stopped or the United States will cease to exist."..."We are in the midst of the greatest crisis this nation has ever seen...chaos, and civil war...an alleged usurper...destroying our borders...infanticide...this is insanity...we are claiming that a bankrupt government can save a bankrupt banking system...this is insanity.." (19Feb09)    
Alan Keyes:
video: source
Right Then & Right Now

Quotes |

BE HEARD: Contact Congress & the President -- Phone & Fax Numbers

Obamacare equals abortion and euthanasia
Ronald Reagan on SocialismFreedomWorks.org We the people declare Independence from obama
"It is much more important to kill bad bills than to pass good ones."
-- Calvin Coolidge (1873-1933) 30th US President

Find Elected Officials
Enter ZIP Code: or Search by State
See Issues & Action
Select An Issue Area:
Contact The Media
Enter ZIP Code: or Search by State

Senators: State (.xml) (.htm) Senators: Name (.xml) (.htm) source: GrassFire.org Effective Advocacy
image of man inside the Capital looking up at the rotunda Legislation Pending in Congress
Instant Congress Phone Number Lookup
Street number and name only:
Zip Code, 5 digits:
Call or fax your members of Congress today. small image of a telephone Just submit your street address and 5 digit zip above to get all their phone numbers. Get this free lookup for your site
(note: Any above political action questions are posed by the author of the "Instant .. Lookup" script.)
Contact the U.S. government and the Media
SENATORS: (toll) 202-225-3121
HOUSE of REPRESENTATIVES: 202-224-3121

PRESIDENT: 202-456-1111 & 202-456-1414 & FAX: 202-456-2461
WH Legislative Affairs: 202-456-2230
All Federal Agencies via
http://www.usa.gov/Contact/Directories.shtml

Legislative status: Abortion updated information
Legislative status: Gun Owners
Legislative status of the Health Care bills: in the Senate & House
Live Debates: Senate & House + CSpan Congress, POTUS, other FED, BookTV & Wash. Journal
More Phone Numbers links: http://callcongressnow.com
Fax numbers & eMail Addresses:
http://conservativeusa.org/mega-cong.htm (facsimile/email)
Fax & phone #s to 'Grassfire.org' Congressional list: http://www.grassfire.com/3122/targets.htm
• email Congress & W.H.: http://capwiz.com/congressorgfb/issues/bills/ (CapWis.com)
• write your Congressional representative: https://writerep.house.gov/writerep/welcome.shtml
All Governors, Senators, Representatives, Committees + Citizen Action Resources source: ConservativeUSA.org & alt: Elected Officials at ResistNet.com email, call, write CongressTalk ShowsNewspapersNetworksLobbying GuideCurrent Action Items

Some Gov't News sources: PresidentialCabinetCongressSupreme CrtOther US Govt

Life - Susan B. Anthony List: SBA HomeElected OfficialsIssuesElectionMediaLegislative Alerts and UpdatesCurrent LegislationKey VotesCapitol Hill BasicsPolling: Electoral StrengthThe Other SidePolling: Pro-life TrendsPolling: Electoral StrengthLegislationOur PrioritiesTake ActionPollingPro-Life Women LeadersWinning [Endorsed] CandidatesNewsroom

From: NRAILA.org | Current Legislation | Write Your Representative | Get Involved Locally | Write the Media | Register To Vote
Find your Congressman - http://gsnvip.com/your-rep
Find your Senator - http://gsnvip.com/your-senator
trust no one...not even yourself We're from the government and are here to help you. ...not even yourself
A Speaker GIF Image. My Sentiments: Soon, What We All (Are?) Will Be Doing. (benddown.wav, 47kb) A Speaker GIF Image.
Badges? speaker gif  (89kb) Voice of: Alfonso Bedoya Evans Law of Inadequate Paranoia: "No matter how bad you think something is, when you look into it, it's always worse." -- M. Stanton Evans, author "Black Listed by History, The Untold Story of Senator Joseph McCarthy" (published 2007) source: Glenn Beck TV show, Th.24Jun10 interview (http://harrolds.blogspot.com/2010/06/glenn-beck-ezra-taft-benson-warning.html)Number of Occupy protesters arrested counter
Tea Party Arrests=0

Now the U.S. Owes $175+ Trillion Dollars! (25Sep17) Up daily since o'tax'n spend was elected!

"The American Republic will endure, until politicians realize they can bribe the people with their own money."
-- Alexis de Tocqueville [Alexis Charles Henri Maurice Clerel, le Comte de Tocqueville] (1805-1859) French historian
The U.S. Deficit in 2007 was $9,007,653,372,262.48
The federal government has accumulated more new debt -- $3.22 trillion ($3,220,103,625,307.29) — during the tenure of the 111th Congress than it did during the first 100 Congresses combined, according to official debt figures published by the U.S. Treasury." -- By Terence P. Jeffrey, CNSNews.com (Read The Full Story)
Click Here for videos, graphs, movie & U.S. National Debt totals.
3 years ago: The Debt ~ $125T+! Then Obama:  Up $22T+ in only 3 years! $22T to $26T+ by 2015!  Since November 2011 to January 2013 he has added $2 Trillion to the deficit!  States' Unfunded: $3.2T+! • (Dec10) From Jan'09 the deficit: $10.2T→$14.6T up $4.3T/42%! -- Federal unfunded liabilities total $84 trillion .. equal to 5.7 percent of the present value of all future GDP, which translates into about 31 percent of the long run federal revenue estimate,” the report states.  “Thus federal revenues would have to rise immediately and permanently to 24.1 percent of GDP to cover the fiscal imbalance.” (source: http://dailycaller.com/2012/07/16/report-federal-unfunded-liabilities-total-84-trillion/)
Federal obligations exceed world GDP! Is the US Gov't Bankrupt?Unfunded a myth?
Deficit: $ national debt Totals Source: http://www.usdebtclock.orgUnfunded Liabilities: $ 107,599,889,000,000 (25Sep17)
Many Americans actually pay $1 out of ever $2 earned to some form of tax while ~50% of people pay no taxes!  Do you pay your bills?  The Fed takes $3 in and spends $5.  Debt per citizen: $51,985 - Debt per taxpayer: $142,513! (13Dec12)
Also, see the blog videos below at http://harrolds.blogspot.com/2009/09/national-debt-how-come-how-much-who-do.html
What were you doing in the last hour while the U.S. Gov't spent $188 Million Dollars of our money!  (Every Hour, Every Day!) (Apr11)   In 8 years, President Bush added $5 trillion to the national debt; President Obama, according to a revised Dec11 GAO report, added $4T+ to the U.S. deficit in 2011 alone!  The GAO estimates the deficit, including o'scamcare & mandates, may grow from $15T+ to over $26T+!  UPDATE: A little-noticed event occurred at approximately midnight on Monday, October 31, 2011.  The National Debt exceeded the GDP!  Imagine what these numbers are going to be now that Obama is reelected! (src)
A trillion seconds pass in 31,688 years.  At $1/sec it would take 41,194 years just to pay off o'tax'n spend's new Feb12-Feb13 added debt - 538,696 years to pay only the national debt or 4,404,632 years to settle the debt+unfunded liabilities!

"Over the last four years our national debt has risen nearly $6 trillion, and just last week the debt topped an astounding $16 trillion.  To put that in perspective, $16 trillion is enough money to fund the US military, along with the military of every NATO country combined… for the next sixteen years!  Government spending is projected to hit $3.8 trillion this year alone.  Even after every tax dollar paid by Americans has been counted, the government will still overspend by another $1.13 trillion.  Every single second of the day our government spends over $12,000.  So in the time it takes you to read this article, roughly five minutes, our government has spent $3.6 million.  It take four seconds for the government to spend what the average American earns in an entire year."  (source: by Tim Phillips 17Sep12 at TownHall.com)
    "Firearms stand next in importance to the Constitution itself.  They are the American people's liberty teeth and keystone under independence … From the hour the Pilgrims landed, to the present day, events, occurrences, and tendencies prove that to insure peace, security and happiness, the rifle and pistol are equally indispensable . . . the very atmosphere of firearms everywhere restrains evil interference – they deserve a place of honor with all that is good." -- George Washington
"The heart of the wise inclines to the right, but the heart of the fool to the left." (Ecclesiastes 10:2)
Bishop Sheen Audio Library small animated speaker "For ye suffer fools gladly, seeing ye yourselves are wise." [2 Cor 11:19] Psalm 109:8
"[W]e ought to deprecate the hazard attending ardent and susceptible minds, from being too strongly, and too early prepossessed in favor of other political systems, before they are capable of appreciating their own." -- George Washington, letter to the Commissioners of the District of Columbia, 1795
small animated speaker Fulton Sheen's "Talk to American Soldiers - The Centurions of Rome 'West Point' (alt src)
Bishop Sheen Radio small animated speaker
President Obama Job disapproval/approval (daily, interactive)
ElectionProjection dot com election results
+ Pre-6Nov12 Polls
Who Won Who Lost
(punctuation optional)
Thousands of Deadly Islamic Terror Attacks Since 9/11
     It has been suggested that o'who?, the clown, and 'those who surround him' are not the bumbling fools they appear to be.  Nor are they one of the 'Three Stooges' but rather are shrewd implementation/drivers and fellow-travelers of policies designed to disarm the citizenry & collapse the American economy.  Why?  o'nocchio's grandiose scheme to "fundamentally transform America" is more than simple campaign rhetoric as can be seen by his use of "enabling acts" to circumvent the Constitution of the United States.  As Ollie used to say, "Well, here's another nice mess you've gotten me into."

Read:

Recommended

News Briefs: 2nd Amendment, Values, Life, & Muslim Terrorism

AmmoLand.com Shooting Sports News » Gun Rights News

AmmoLand.com Shooting Sports News » Ammunition News

AmmoLand.com Shooting Sports News » Firearm News

It's a race against time.

"You need only reflect that one of the best ways to get yourself a reputation as a dangerous citizen these days is to go about repeating the very phrases which our founding fathers used in the great struggle for independence." -- Charles Austin Beard (1874-1948)

2nd, Founding, Traditional American Values, & ProLife Quotes: http://harrold.org/quotes/quotesalone.html

Federalist and Anti-Federalist Papers

"If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary." -- James Madison, The Federalist No. 51, Independent Journal, Wednesday, February 6, 1788
Anti-Federalists and Federalists Papers
The Federalist Papers
Maintained by "Silent Calvin"
The Constitution Society
The Anti-Federalists' Papers
Maintained by Jon Roland of the Constitution Society at:
http://www.constitution.org/afp/afp.htm
Search Constitution.org or the web -- Powered by FreeFind

Anti-Federalist Papers Entire site Entire web

When Men Were


When Men Were Men - "Scots Wha Hae" Battle of Bannockburn in 1314 Listen to the poem A Speaker GIF Image. "Scots Wha Hae"

Values:   "Scots Wha Hae"  1] poem lyrics..text of "Bruce before Bannockburn" also known as "Scots wha hae", written by Robert Burns
Robert Burns b.1759-d.1796, 8May1794, The Morning Chronicle)  1] "Supposed to be addressed by Bruce to his soldiers before the Battle of Bannockburn against Edward II."
Listen A Speaker GIF Image. to the poem "Scots Wha Hae" read by Doug Robertson [3m55s],  Music by Steve McDonald from 'Bannockburn' [Stone of Destiny]" (.mp3, 3.7MB)
• alternate A Speaker GIF Image. ScotWha2.ram Stream in Real Audio (rm, 3m55s) re [ Robert Bruce's March to Bannockburn, Robert I, the Bruce (1274-1329) also know as Robert the Bruce, "The Hammer of the Scots" ] plus A Speaker GIF Image. "Scots, wha hae Wi' Wallace Bled," (midi, Scottish Songs) & .midi sequenced with lyrics [src] ***
and A Speaker GIF Image. Scots Wha Hae (bagpipes) by the 48th Highlanders of Canada (7MB, .mp3, 3m14s)
and A Speaker GIF Image. Scots Wha Hae, bagpipes solo (1.3MB, .mp3, 1m22s)
and A Speaker GIF Image. Scots Wha Hae (2.7MB, .mp3, 3m4s; 'The Corries' ["Battle songs of Scotland", sung by Ronnie Browne solo] & A Speaker GIF Image. Scots Wha Hae with pipes (4.3MB, .mp3, 4m29s)
Material published on Harrold's blog is collected from email forwards, public articles, and my opines or those submitted by users.  I try to avoid copyrighted material.  If anything on this site has been copyrighted by you, please contact me so it can be removed or give you credit. -- Robert Harrold small envelope • cite info: http://harrold.org/rfhextra/cite.html
"As a nation we have been asleep for years.  Lulled by affluence and self-indulgent apathy, our collective awareness has grown dim.  This has created an opening for our enemies, one that may ultimately prove fatal.  This is the truth and what we do, or don't do, will determine the consequences, for better or worse.  It is time to decide." -- truthandcons.blogspot.com
The Manhattan Declaration

Recent Visitors:

About Me

My photo
El Centro, California, United States
mailto: Robert Harrold formerly dba AERC, El Centro, CA, US 92243

Judica me, Deus, et discerne causam meam de gente non sancta, ab homine iniquo et doloso erue me.
Do me justice, O God, and distinguish my cause from the nation that is not holy; rescue me from the deceitful and unjust man.
- Psalm 43 KJV, 42 Douay Rheims  (http://barnhardt.biz)

There are certain universal truths.  There is right and wrong.  Life is, choice Isn't.  The 2nd Amendment is for you and me, not the government.

"We failed to react appropriately to them and, instead, displayed weakness.  And, the weak are always beaten."  ~~ Vladimir Putin

"We sleep safe in our beds because rough men stand ready in the night to visit violence on those who would do us harm." - George Orwell on a BBC broadcast, April 4, 1942


"An armed society is a polite society." -- Robert A. Heinlein (1907-1988) American writer

Before you sign anything, ask an Indian first.
Powered by Blogger.