{"id":68,"date":"2013-01-22T20:06:46","date_gmt":"2013-01-22T20:06:46","guid":{"rendered":"http:\/\/victorhanson.com.108-166-28-151.mdgnetworks.com\/wordpress\/?p=68"},"modified":"2013-02-04T20:11:42","modified_gmt":"2013-02-04T20:11:42","slug":"the-war-between-the-amendments","status":"publish","type":"post","link":"https:\/\/victorhanson.com\/wordpress\/the-war-between-the-amendments\/","title":{"rendered":"The War Between the Amendments"},"content":{"rendered":"<p>by Victor Davis Hanson<\/p>\n<p>Tribune Media Services<\/p>\n<p>The horrific Newtown, Conn., mass shooting has unleashed a frenzy to pass new gun-control legislation. But the war over restricting firearms is not just between liberals and conservatives; it also pits the first two amendments to the US Constitution against each other.<!--more--><\/p>\n<p>Apparently, in the sequential thinking of James Madison and the Founding Fathers, the right to free expression and the guarantee to own arms were the two most important personal liberties. But now these two cherished rights seem to be at odds with each other and have caused bitter exchanges between interpreters of the Constitution.<\/p>\n<p>Many liberals believe there is no need to own semi-automatic assault rifles, magazines that hold more than 10 bullets, or even semi-automatic handguns. They argue that hunters and sportsmen don&#8217;t need such rapid-firing guns to kill their game \u2014 and that slower-firing revolvers and pump- or bolt-action rifles are sufficient for home protection.<\/p>\n<p>Implicit to the liberal argument for tighter gun control is the belief that the ability to rapidly fire off lots of bullets either empowers \u2014 or indeed encourages \u2014 mass murderers to butcher the innocent.<\/p>\n<p>Most conservatives offer rebuttals to all those points. Criminals will always break almost any law they choose. Connecticut, for example, has among the tightest gun-control laws in the nation. A murderer can pop in three 10-bullet clips in succession and still spray his targets almost as effectively as a shooter with a single 30-bullet magazine. Like a knife or bomb, a gun is a tool, and the human who misuses it is the only guilty party. An armed school guard might do more to stop a mass shooting on campus than a law outlawing the shooter&#8217;s preferred weapon or magazine.<\/p>\n<p>Homeowners should have the right to own weapons comparable to those of criminals, who often pack illicit semi-automatic handguns. If mass murders are the real concern, should ammonium nitrate be outlawed, given that Timothy McVeigh slaughtered 168 innocents in Oklahoma City with fertilizer? Banning semi-automatic weapons marks a slippery slope \u2014 each new restriction will soon lead to yet another rationalization to go after yet another type of gun.<\/p>\n<p>Liberals counter that just as free speech is curtailed (you cannot yell &#8220;Fire!&#8221; in a crowded auditorium), the constitutional right to bear arms is no more infringed upon by the banning of semi-automatic, large magazine firearms than it is by current prohibitions against heavy machine guns.<\/p>\n<p>Conservatives reply that the chief purpose of the Second Amendment was not necessarily just to ensure personal protection from criminals or the freedom to hunt with firearms, but in fact to guarantee that a well-armed populace might enjoy some parity to an all-powerful, centralized government. To the Founders, the notion that individual citizens had recourse to weapons comparable to those of federal authorities was a strong deterrent to government infringing upon constitutionally protected freedoms \u2014 rights that cannot simply be hacked away by presidential executive orders.<\/p>\n<p>That may be why the brief Second Amendment explicitly cites the desirability of a militia. By intent, it was followed by the Third Amendment, which restricts the rights of an abusive government to quarter federal troops in citizens&#8217; homes.<\/p>\n<p>So which amendment should we begin pruning to deal with monsters like those at Newtown and Columbine?<\/p>\n<p>The Connecticut shooter, Adam Lanza, was known to be mentally unstable. He sat for hours transfixed with violent video games \u2014 in a popular culture of cheap Hollywood mayhem where bodies implode on the big screen without worry over the effect of such gratuitous carnage on the viewer.<\/p>\n<p>Just as semi-automatic weapons mark a technological sea change from the flintlock muskets of the Founders&#8217; era, computer-simulated video dismemberment is a world away from the spirited political pamphleteering of the 18th century. If we talk of restricting the Second Amendment to protect us against modern technological breakthroughs, why not curtail the First Amendment as well?<\/p>\n<p>How about an executive order to Hollywood to stop its graphic depictions of mass killings, perhaps limiting the nature and rationing the number of shootings that can appear in any one film? Can&#8217;t we ban violent video games altogether in the same way we forbid child pornography? Isn&#8217;t it past time for an executive order to curtail some of the rights of the mentally unstable \u2014 given that the gunmen in mass killings usually have a history of psychic disorders and often use mood-altering drugs?<\/p>\n<p>If conservatives have ensured that there are millions of semi-automatic assault weapons in American society, liberals&#8217; unprecedented expansions of free expression have led to an alarming number of unhinged Americans on our streets, nursed on sick games like &#8220;Grand Theft Auto&#8221; and hours of watching odious movies such as\u00a0<em>Natural Born Killers<\/em>.<\/p>\n<p>Legislating away the evil in men&#8217;s heads and hearts can be a tricky \u2014 and sometimes unconstitutional \u2014 business.<\/p>\n<div align=\"center\">\n<p>\u00a92013 Tribune Media Services<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>by Victor Davis Hanson Tribune Media Services The horrific Newtown, Conn., mass shooting has unleashed a frenzy to pass new gun-control legislation. But the war over restricting firearms is not just between liberals and conservatives; it also pits the first two amendments to the US Constitution against each other.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_newsletter_tier_id":0,"footnotes":"","jetpack_publicize_message":"","jetpack_is_tweetstorm":false,"jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","enabled":false}}},"categories":[11],"tags":[37,35,36,19],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p466Sb-16","jetpack_likes_enabled":true,"jetpack-related-posts":[{"id":139,"url":"https:\/\/victorhanson.com\/wordpress\/2012-when-dreams-died\/","url_meta":{"origin":68,"position":0},"title":"2012: When Dreams Died","author":"victorhanson","date":"January 2, 2013","format":false,"excerpt":"by Victor Davis Hanson Tribune Media Services The year 2012 saw the triumph of cold reality over pie-in-the-sky dreams. Barack Obama in 2008 won an election on an upbeat message of change in the hope that the first black president would mark a redemptive moment in American history. Four years\u2026","rel":"","context":"In &quot;Retrospective&quot;","block_context":{"text":"Retrospective","link":"https:\/\/victorhanson.com\/wordpress\/ahref=\/index.php\/categories\/angry-reader\/categorylink\/a\/opinion\/retrospective\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":125,"url":"https:\/\/victorhanson.com\/wordpress\/the-great-new-year-stampede\/","url_meta":{"origin":68,"position":1},"title":"The Great New Year Stampede","author":"victorhanson","date":"January 8, 2013","format":false,"excerpt":"by Victor Davis Hanson Tribune Media Services There is a new-year stampede developing that we have not seen for a long time. Gun stores are swamped with panicking customers. They are looking for handguns, semi-automatic rifles and as much ammunition as they can afford. But buyers are not just camouflaged\u2026","rel":"","context":"In &quot;Debt and Deficits&quot;","block_context":{"text":"Debt and Deficits","link":"https:\/\/victorhanson.com\/wordpress\/ahref=\/index.php\/categories\/angry-reader\/categorylink\/a\/politics\/debt-and-deficits\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":7090,"url":"https:\/\/victorhanson.com\/wordpress\/the-anti-empirical-left\/","url_meta":{"origin":68,"position":2},"title":"The Anti-Empirical Left","author":"victorhanson","date":"March 6, 2014","format":false,"excerpt":"Science is ignored when it doesn't support politically correct policy. by Victor Davis Hanson \/\/\u00a0National Review Online President Obama entered office promising to restore the sanctity of science. Instead, a fresh war against science, statistics, and reason is being waged on behalf of politically\u00a0correct politics. After the Sandy Hook tragedy,\u2026","rel":"","context":"In &quot;Global Warming&quot;","block_context":{"text":"Global Warming","link":"https:\/\/victorhanson.com\/wordpress\/ahref=\/index.php\/categories\/angry-reader\/categorylink\/a\/global-warming-2\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/victorhanson.com\/wordpress\/wp-content\/uploads\/2014\/03\/599px-Aristotelesarp-300x300.jpg?resize=350%2C200","width":350,"height":200},"classes":[]},{"id":3577,"url":"https:\/\/victorhanson.com\/wordpress\/alls-fair-in-love-and-talk-radio\/","url_meta":{"origin":68,"position":3},"title":"All&#8217;s Fair in Love and Talk Radio","author":"victorhanson","date":"July 23, 2007","format":false,"excerpt":"by Victor Davis Hanson Tribune Media Services Sen. Dianne Feinstein, D-Calif., caused a stir recently when she criticized talk radio for its role in stopping the recent immigration bill. Talk radio, she lectured, \"pushes people to . . . extreme views without a lot of information.\" Feinstein then went on\u2026","rel":"","context":"In &quot;July 2007&quot;","block_context":{"text":"July 2007","link":"https:\/\/victorhanson.com\/wordpress\/ahref=\/index.php\/categories\/angry-reader\/categorylink\/a\/archives\/2007\/july-2007\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":3585,"url":"https:\/\/victorhanson.com\/wordpress\/upside-down-politics-in-the-middle-east\/","url_meta":{"origin":68,"position":4},"title":"Upside-down Politics in the Middle East","author":"victorhanson","date":"July 16, 2007","format":false,"excerpt":"by Victor Davis Hanson Tribune Media Services Jimmy Carter \u2014 a self-proclaimed champion of human rights and nonviolence \u2014 has called the U.S.'s unwillingness to accept the 2006 Palestinian election of the terrorists of Hamas \"criminal.\" But unlike Carter, Egyptian reformer Sa'd Al-Din Ibrahim \u2014 no friend of the United\u2026","rel":"","context":"In &quot;July 2007&quot;","block_context":{"text":"July 2007","link":"https:\/\/victorhanson.com\/wordpress\/ahref=\/index.php\/categories\/angry-reader\/categorylink\/a\/archives\/2007\/july-2007\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":2527,"url":"https:\/\/victorhanson.com\/wordpress\/a-dumb-and-dumber-war-in-libya\/","url_meta":{"origin":68,"position":5},"title":"A Dumb and Dumber War in Libya","author":"victorhanson","date":"July 18, 2011","format":false,"excerpt":"by Victor Davis Hanson Tribune Media Services Almost daily over the last four months we were told that Muammar Gadhafi was about ready to throw in the towel and give up. Libya, after all, is not a distant Afghanistan or Iraq with a population of some 30 million. Yet this\u2026","rel":"","context":"In &quot;Libya&quot;","block_context":{"text":"Libya","link":"https:\/\/victorhanson.com\/wordpress\/ahref=\/index.php\/categories\/angry-reader\/categorylink\/a\/the-world\/the-middle-east\/libya\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/victorhanson.com\/wordpress\/wp-json\/wp\/v2\/posts\/68"}],"collection":[{"href":"https:\/\/victorhanson.com\/wordpress\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/victorhanson.com\/wordpress\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/victorhanson.com\/wordpress\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/victorhanson.com\/wordpress\/wp-json\/wp\/v2\/comments?post=68"}],"version-history":[{"count":2,"href":"https:\/\/victorhanson.com\/wordpress\/wp-json\/wp\/v2\/posts\/68\/revisions"}],"predecessor-version":[{"id":70,"href":"https:\/\/victorhanson.com\/wordpress\/wp-json\/wp\/v2\/posts\/68\/revisions\/70"}],"wp:attachment":[{"href":"https:\/\/victorhanson.com\/wordpress\/wp-json\/wp\/v2\/media?parent=68"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/victorhanson.com\/wordpress\/wp-json\/wp\/v2\/categories?post=68"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/victorhanson.com\/wordpress\/wp-json\/wp\/v2\/tags?post=68"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}