Barack Obama's Irresponsible Waffling About Gun Control

Here's a quote from VirginiaDem's celebration of Obama's "Reagan-like ability to attract his listeners to his positions," which was recommended by about 500 Kossacks:

"There's a Supreme Court case that's going to be decided fairly soon about what the Second Amendment means. I taught Constitutional Law for 10 years, so I've got my opinion. And my opinion is that the Second Amendment is probably -- it is an individual right and not just a right of the militia." That's what I expect the Supreme Court to rule. I think that's a fair reading of the text of the Constitution. And so I respect the right of lawful gun owners to hunt, fish, protect their families."

Then came the pivot:

"Like all rights, though, they are constrained and bound by the needs of the community . . . So when I look at Chicago and 34 Chicago public school students gunned down in a single school year, then I don't think the Second Amendment prohibits us from taking action and making sure that, for example, ATF can share tracing information about illegal handguns that are used on the streets and track them to the gun dealers to find out -- what are you doing?"

Obama tells everybody what they want to hear! Who cares if it's irresponsible bullshit?

First he sucks up to gun owners: "I respect the right of lawful gun owners to hunt, fish, protect their families." Then he appeases his base: Let's make sure that "ATF can share tracing information about illegal handguns that are used on the streets and track them to the gun dealers to find out -- what are you doing?"

Wonderful! Obama wants to share tracking information! What a leader! Let's see what he doesn't want.

What exactly is the "Supreme Court case that's going to be decided fairly soon" where Obama thinks it's "a fair reading of the text of the Constitution" for the Court to find that the right to bear arms is "an individual right?"

It's District of Columbia v. Heller, and there's a lot at stake:

The case tests the constitutionality of a handgun ban in Washington, D.C., where in 1976 officials imposed one of the nation's strictest gun-control laws in response to alarming levels of gun violence.

D.C. officials say they banned handguns because such weapons "are disproportionately linked to violent and deadly crime."

If the court decides there is an individual right to bear arms, it will be a huge victory for gun-rights advocates. It would reverse years of legal precedent and embolden politicians and groups such as the National Rifle Association (NRA) that have touted gun rights. It also likely would discourage new gun regulations and inspire challenges to other gun restrictions.

The possibility that the D.C. dispute could jeopardize a range of federal firearms laws -- including those banning individuals from owning machine guns and those establishing rules for transporting weapons -- has led the Bush administration to take a step back from its strong support of gun rights.

So maybe Obama's opinion that the right to bear arms "is an individual right and not just a right of the militia" isn't quite as innocuous as it sounds.

The last time the Supreme Court took up a major gun-rights case was in 1939. That dispute, United States v. Miller, involved two men who were caught transporting an illegal sawed-off shotgun across state lines. The court did not directly address the scope of the Second Amendment. Yet its decision rested on the notion that the Second Amendment protects a collective right to firearms, not an individual right.

In the years since, most lower federal courts interpreted the Miller decision to mean there was no individual right to have firearms.

Last year, the U.S. Court of Appeals for the District of Columbia set the stage for the high court to weigh in when it ruled that the Second Amendment "protects an individual right to keep and bear arms ... for such activities as hunting and self-defense." The appeals court invalidated D.C.'s ban on handguns in the home.

So Obama's opinion that the right to bear arms "is an individual right and not just a right of the militia" reverses almost 70 years of settled constitutional law!

Who is this guy?

And why would so many otherwise intelligent people actually celebrate Barack Obama's right-wing reversal of 70 years of federal law, undermining the basis for any sort of gun control whatsoever, even the pitifully weak laws that already have?



Display:


It looks like Hillary also believes (2.00 / 1)

there is an individual right to bear arms too.
http://www.jsonline.com/story/index.aspx ?id=718635

I guess you're out of luck.


by bigdcdem on Thu Feb 28, 2008 at 09:23:13 AM EST

Re: It looks like Hillary also believes (2.00 / 2)

The fact that Hillary is equally sold-out on this issue doesn't make Obama's position any better.

BTW I supported Kucinich, not Hillary, and the only hope I have that anything good will come out of the Democratic Party this cycle is that the Convention deadlocks and picks Chris Dodd as a compromise candidate.


From those who have not, everything will be taken, even the little that they have. -Matthew 13:12
by Jacob Freeze on Thu Feb 28, 2008 at 09:32:14 AM EST
[ Parent ]

I don't mind Obama's position, (2.00 / 1)

but I respect your grounds for disagreeing with him.


by bigdcdem on Thu Feb 28, 2008 at 09:35:15 AM EST
[ Parent ]

Thanks (2.00 / 0)

Thanks, bigdcdem!

I usually cross-post at Daily Kos, and all I get over there is insults.

It's refreshing to hang out at MyDD, where there's still some room for disagreement.


From those who have not, everything will be taken, even the little that they have. -Matthew 13:12
by Jacob Freeze on Thu Feb 28, 2008 at 09:41:24 AM EST

Like it or not (none / 0)

gun control has not been a major issue for the Dems for some time. It's been back-burnered because it was seen to cost more votes than it attracted.

There's something about that that makes me uncomfortable, but I can see politically and pragmatically why it is.

by PhilFR on Thu Feb 28, 2008 at 11:39:59 AM EST

Re: Barack Obama's Irresponsible Waffling About Gu (none / 0)

"Obama tells everybody what they want to hear! Who cares if it's irresponsible bullshit?"

This is the only notable thing you said in that entire post and I believe it will be Obama's legacy, assuming he is elected. Obama tells everyone what they want to hear and his policies are mostly irresponsible bullshit. It's more true than you realize.

Obama went to Harvard Law but he still thinks judges are glorified social workers. No indication that he has any inclination towards rule of law:
"We need somebody who's got the heart, the empathy, to recognize what it's like to be a young teenage mom. The empathy to understand what it's like to be poor, or African-American, or gay, or disabled, or old. And that's the criteria by which I'm going to be selecting my judges."

Obama means another 800 billion in entitlement spending. It's already too expensive at the grocery store and the gas pump- can we really afford to plummet the dollar any further with irresponsible spending. And no, the iraq war only costs 100 billion a year so it wouldn't cover it. Nor would repealing the Bush tax cuts.


by JimW on Thu Feb 28, 2008 at 12:56:22 PM EST

Re: Obama's Waffling About Gun Control (none / 0)

From the article "reverses almost 70 years of settled constitutional law!"

I say GOOD!!!!!!!Gun control is a big failure; and it isn't ever going to work.

Far better to have the ability to choose if you want to own ANY type of firearm. Don't be suckered by all the hype; you are safer with a gun.

I'd rather have a gun, even if I wasn't that good a shot, and be able to have the chance to defend myself than to only have a cell phone and HOPE that the cops get there in time to help me out. The reality is the cops will get there after the fact, make notes of the crime scene, and assist the paramedics putting me or you in a body bag.

Gun control?....NO THANKS


by Pro Choice on Thu Feb 28, 2008 at 02:35:44 PM EST


You are not logged in.

In order to post a comment, you must be logged in. If you have a member account, please log in to comment.

If not, you can make an account right here. It's quick and free.