Tag Archives: Bill of Rights

May the flag fly proudly … always!

It’s time to wish us all a happy Flag Day.

We love Old Glory, the Star Spangled Banner, the Stars and Stripes.  By whatever name we call it, we cherish our national symbol.

That is the more important point I want to make with this brief blog post. It is a symbol of the nation our founders created.

Those wise men wrote our Constitution and ratified it in 1787 after winning our independence from the English crown. The flag has come to mean many things to millions upon millions of Americans then and in the two-plus centuries since that time.

What it means to me is simple, but a bit nuanced. The flag flies as a symbol of the liberties we enjoy as citizens of a great nation. Among those liberties is the right — as expressed in the very First Amendment to that Constitution — to register peaceful protest. If we don’t like what our government does for us or to us, we are able to assemble “peaceably” without recrimination.

Yep, that means no tear gas, no clubbing by cops, no handcuffs and, dare I say it, no knees pressed into the back of our necks while the police are detaining us.

We are able to speak our minds.

So, the flag is far more than a piece of cloth stitched together in red, white and blue. It is an ideal by which we live and for which we fight. The ideal is being challenged these days as the nation grapples with injustice, which it always has done.

However, the flag will continue to fly and it will continue to represent the ideals we hold dear as proud citizens of this most exceptional nation.

Praising a system that allows bloggers to rant

I want to say a word of high praise to the greatest political system ever created. Yes, it’s a mess at times, but as Winston Churchill noted, it is far better than any other system ever conceived.

The United States is in the midst of an impeachment battle. The House of Representatives is going to impeach Donald John Trump Sr. It will be sloppy and messy, perhaps bloody in a political sense.

Through it all, this system of government of ours allows folks like me to continue to rant over the performance of the president, who I believe should be impeached. The House will do as I wish, albeit my journey to this point took me some time to get here.

I watched a clip of a young Illinois state senator speaking to the 2004 Democratic National Convention. Barack Obama saluted a system of government that allowed dissent “without a sudden knock on our door.” Amen to that. The young senator would be elected to the U.S. Senate and then, four years later, would become the nation’s 44th president of the United States.

Donald Trump calls the press the “enemy of the people.” He couldn’t possibly be any more wrong. The Constitution protects the press against government coercion and interference. Yet the president sees the press only through the eyes of someone who lusts for positive coverage of his words and deeds, no matter what! It does not work that way, Mr. President. If this man had any understanding of what the nation’s founders intended when they established the First Amendment to the Constitution, he might comprehend the press’s role in ensuring the freedoms we all enjoy.

Accordingly, that role extends to folks like me. I no longer work full time for a formal media organization. I’m out here in Flyover Country sharing my views with the world through this blog. High Plains Blogger is my therapy, my release and my vehicle to vent my frustration with government. I also offer praise now and then.

As I continue to write critically of Congress, the president and even the courts, I do so with the knowledge that I can speak my mind freely without concern for the knock on the door that will not come.

Trump wants to “make American great again”? Hah! Our system of government crafted by those wise men at the founding of this nation ensured our ongoing greatness. It will last for as long as there is a United States of America.

Trump wants to ban dissent? Really?

I have a three-letter response to what I understand Donald J. Trump said in the White House today.

Wow!

Trump told the Daily Caller — and I hope you’re sitting down when you read this — according to The Washington Post: “I don’t know why they don’t take care of a situation like that,” Trump said. “I think it’s embarrassing for the country to allow protesters. You don’t even know what side the protesters are on.”

He added: “In the old days, we used to throw them out. Today, I guess they just keep screaming.”

Embarrassing for the country to allow protesters? Yep. He said it.

He clearly needs to read the U.S. Constitution, the document he took an oath to protect and defend. It lays out in the Bill of Rights that citizens are entitled to protest.

In fact, and this is no small point, the nation was founded by a band of protesters who came to this new land to protest things such as political and religious oppression.

Political protest is as American as it gets, Mr. President.

Really. It is!

If the president is discussing the unruliness of those who are yelling at U.S. Senate Judiciary Committee members and U.S. Supreme Court nominee Brett Kavanaugh, I agree that they shouldn’t be allowed to disrupt a hearing. They are being “thrown out” of the hearing room by congressional security officers.

But to ban political protest? I say again: Wow!

Let’s get real: mend, not end, 2nd Amendment

I’m hearing a lot of chatter throughout my social media network about how the United States should end the carnage of gun violence.

Las Vegas’s tragedy has awakened us yet again to this horrifying aspect of modern American society. Fifty-eight victims, all attending a music festival, were shot to death in an act of insanity by a monster perched on the 32nd floor of the Mandalay Bay Hotel and Casino. Five hundred-plus more were injured; some of them are in critical condition.

The debate has been joined throughout many social and other media.

I am hearing significant chatter about how Australia managed to clamped down on firearm ownership in the wake of a 1996 mass shooting. The Aussies have been massacre-free ever since. Other countries prohibit the purchase of firearms. Let’s model our firearm policy after those countries, the argument goes.

I happen to believe in the Second Amendment, awkward phrasing and all. I believe it says that Americans have the constitutional right to “keep and bear arms.” I get that.

However, I also believe there must be a solution to improving the Second Amendment. How can we preserve its principle while legislating within its framework stricter laws that make it illegal for civilians to own fully automatic assault weapons like the one used in Las Vegas by that madman? Isn’t there a solution to be found somewhere, somehow, by someone smart enough to draft a law that maintains the Second Amendment principle of keeping and bearing arms?

As my friend Jon Mark Beilue has noted in a wonderful column published today in the Amarillo Globe-News, other amendments in the Bill of Rights have limitations. He cites the First, Fifth and Sixth amendments. The Second Amendment, though, remains untouchable mostly because of entrenched political interests groups — I’m talking about you, National Rifle Association, among others — who bully and pressure members of Congress to keep their hands off that amendment.

Check out Beliue’s essay here.

Can we get past the overheated rhetoric that flares up when these tragedies strike? If we can, then perhaps we can find a solution to mend the Second Amendment. Don’t tell me that such a reach is beyond our collective grasp.

Parsing the founders’ language in the 2nd Amendment

Of all the amendments to the U.S. Constitution — all 27 of them — the one that gives me the most serious case of heartburn is the Second Amendment.

Here is what this amendment says. It’s brief, but it’s so damn confusing in my humble view: A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.

Americans are talking yet again about this amendment. Events in Las Vegas over the weekend have thrust this issue to the top of our minds once more. We’re talking about gun violence, gun control. We’re even debating whether we should be debating this issue at this time. I believe we should.

But I want to look at the Second Amendment’s sentence construction. I’ve read it thousands of times over my many years on this good Earth. I don’t understand what it’s saying.

The founders were smart men. They did a good job of developing a fairly cogent and concise bill of rights that are contained in the first 10 amendments to the Constitution. The Second Amendment, though, seems to make two points that are not connected to each other.

Indeed, the first 12 words preceding the comma seem to be lacking an ending. It refers only to a “well-regulated” militia and the necessity to have one to maintain “the security of a free State.” That’s it!

The following clause could stand as a complete sentence in that it contains a subject, some verbs and a predicate.

Those who favor stricter controls on firearms point to the first clause as their rationale. Those who oppose such controls look to the clause after the comma as their rationale.

My sense is that here is where the debate over this amendment seems to break down. Those on opposing sides of this mammoth chasm place their emphases on separate clauses. One means something different from the other one.

I know that courts have ruled countless times that the amendment means that Americans can own firearms, that it’s protected in the Constitution.

The Bill of Rights was ratified Dec. 15, 1791 and thus, the Constitution was established to form a framework for our representative democracy.

The founders got it mostly right when they crafted that framework. They wrote the Bill of Rights almost without exception with sentences that make sense; nine of the 10 amendments comprising the Bill of Rights were constructed in ways that make sense to laypeople such as yours truly.

The Second Amendment, though, gives me heartburn.

More guns means less mayhem?

guns

The processing of the latest gun-violence massacre is continuing across the nation — perhaps even the world.

Nine people were gunned down in Roseburg, Ore., this past week and we’ve heard the mantra from gun-owner-rights advocates: If only we could eliminate these “gun free zones” and allow more guns out there …

The idea being promoted — and I haven’t yet heard from the National Rifle Association on this — is that more guns in places such as Umpqua Community College, where the Roseburg massacre occurred, could have stopped the madman.

NRA executive vice president Wayne LaPierre said infamously after the Newtown, Conn., bloodbath that killed 20 first graders and six teachers, that the “only way to stop a bad guy with a gun is with a good guy with a gun.”

I’m not in favor of disarming American citizens. I believe in the Constitution and the Second Amendment, although for the life of me I still have trouble deciphering its literal meaning: “A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

The question has been posed: When did “well-regulated Militia” get translated to meaning the general population? Still, the courts have ruled time and again that the Constitution guarantees firearm ownership to all citizens. I’m OK with that.

But I am not OK with the idea that more guns means less violence, less mayhem, less bloodshed, fewer deaths and injuries.

Surely there can be a way to tighten regulations gun ownership in a manner that does not water down the Second Amendment, one of the nation’s Bill of Rights.

If only our elected representatives could muster the courage to face down the powerful political interests that simply will won’t allow it.