Wednesday, March 04, 2009

Gun Control in Washington D.C. - No, This isn't a Repeat


I had previously remarked about the bill moving through Congress that would give full voting rights to Eleanor Holmes-Norton (D-D.C.). In those comments I also remarked that it was interesting that John McCain was voting against more equal representation of the nations citizens on what appears to be party lines because the seat is expected to be solidly Democratic. People have tried to throw a red herring into this debate by claiming that only states can be represented in Congress. Which is an interesting academic debate from a legal perspective but in reality is a smoke screen for partisan bickering. I find it hard to believe that anyone actually has a principled stance on the nature of the state when it comes to representation in Congress like they do about gun control or abortion. It's a politicians issue and I seriously doubt that framing the issue in this way will get any traction.

To be sure, the Republicans aren't the only ones with partisanship dirt on their hands. The Democrats brought this up because they wanted the extra seat, and threw in the extra seat for Utah as a token gesture. That seat is likely to be just as solidly Republican but Utah was due that seat in 2000 and would be getting it in 2011 anyway after the next census so really, the Democrats aren't giving the Republicans anything of similar value to what they are attempting to give themselves. Still for me this is a freedom and democratic representation issue.

The real fun came in last week when the Republicans dusted off their old roadblock issue, gun control. This article comes from the same ignorant perspective that most MSM coverage of guns has but covers some interesting angles on the nature of gun politics in the Capitol. It pisses me off that in their effort to be as childish and partisan as possible the Republicans are dragging gun control into the mix. Sure it worked, but bringing an unrelated issue into the debate was crass and only indicates that these Republicans don't take a principled stand on anything. It's all politics.

The thing that pisses me off about this is that there is a legitimate reason for the Republicans to bring this up but they don't see it. They don't see it because they don't care about the Second Amendment. All they care about is political power and what they can get away with.

The real issue is the 5-4 decision in Heller. For gun rights Heller is Roe v. Wade. Heller affirmed that the Second Amendment protects the right of the individual to keep a pistol independent of any militia. That is a reasonably narrow interpretation but D.C. interprets the holding even more narrowly to only mean that individuals may keep a loaded single action pistol in their home. Which would mean a definition of "firearm" that is even more restrictive than the now expired Brady Bill and would mean that it is illegal to transport a firearm in any kind of working order. Lots of people on the abortion issue are eyeballing the Supreme Court and not just because of Justice Ginsburg's recent illness. (may she always be healthy and live to be 100) If D.C. can argue for their narrow interpretation successfully or if the balance of The Court shifts, the triumph of gun rights will have been short lived and the jubilation of gun nuts will turn to rage. Federal preemption of further suit by the fascists in D.C. will preserve the rights of law abiding citizens and help close a chapter of wasteful, ineffective, and unconstitutional legislation.

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