Violence In America

The more I read – especially American history and the news about modern America – the less I understand. We are a society built on violence, from our Revolution and our use of weapons to ensure our “manifest destiny,” to the present situation. Add to that some wars and the use of firearms to oppress those of our people who were weaker than we. More recently there have been mass killings of American citizens using such weapons, and yet we are surprised.

Our founders were also concerned about firearms, but their fear was that the government might dominate us and take away our weapons. To prevent that from happening they passed the Bill of Rights – specifically the Second Amendment – that guaranteed that “the right of the people to keep and bear Arms, shall not be infringed.” The Supreme Court, discounting the language that “A well regulated Militia (emphasis added), being necessary to the security of a free State …,” which was the justification for the guarantee, ruled that we all had the right to guns. I don't agree with that decision but it is the law of the land and I must respect it. It is my view that, while, perhaps, gun ownership cannot be denied, it should be far better regulated than it is at present. But that should be accomplished by legal means.

The latest massacres, most recently in Orlando, make it clear that we have failed to take the proper steps to limit the availability of firearms – actions I believe we must take. Those actions, however, should honor our heritage and our laws, and we cannot use extralegal means to assuage our hysteria.

According to today's Wall Street Journal, two bills to achieve some gun control, which had the support of a majority of Senators, failed to receive “the 60 votes needed to clear procedural hurdles.” I'm unclear what “procedural hurdles” prevent the forwarding of a bill to the President for signature or veto, but the majority no longer seems to rule. And many of the opponents of the bills, demanding the limitation of Constitutional rights without any judicial review, a limitation based on FBI “suspicion” of terrorism, were among those arguing against the review of e-mail on on the basis of “suspicion” of terrorism, often also opposing, simply on the basis of police “suspicion,” the use of “stop and frisk” laws which likewise had the potential to yield weapons and prevent violence.

The two problems I see are the inconsistent regard for judicial review on the basis of suspicion, and the idea that a majority vote isn't adequate. It appears there are many who are troubled by the existence of Constitutional requirements for a separation of powers and checks and balances when the guarantees in our founding documents don't favor their own political perspectives.

In the 1780 Massachusetts Constitution, John Adams declared that we had a “government of laws, not of men,” but the concept that our officials are responsible for following the law is not currently in vogue. We have reached a point where “interpretation” of the laws is more important than the observance of what legislators have written, and when a strong executive has unilaterally arrogated the power of decision-making – limiting the choices of the legislative branch and of the people whom they represent. Perhaps the President's instincts are correct (I personally don't think so) but voters don't get the chance to make that decision. The best they can hope for is the opportunity to include his executive decisions along with the many other factors they consider in the next Presidential election, and by that time they are already faits accompli.

But it's too late then. If we need to change the Constitution, let's do it. If we need to pass legislation that will better regulate our practices, we deserve the right to encourage our legislators to do so. In the meantime, however, we should follow the laws and practices that we now have on the books. We need government of laws. And we need our elected legislators to take whatever steps are necessary to protect their prerogatives and our freedom.