Click here to read the full article.
President Donald Trump, supported by Sen. Tom Cotton (R-Ark.), raised a major controversy in early June by suggesting that active-duty troops be used to impose order in the streets of American cities. The Trump administration made moves toward implementing that suggestion, including dispatching part of the Armys 82nd Airborne Division to locations just outside Washington, DC. The response in opposition by former senior military officerswith former defense secretary James Mattiss statement being the most eloquenthas been heartfelt and appropriate.
As part of Trumps guns-and-toughness posturing, the president has conflated the notion of Army troops confronting American citizens in American cities with another favorite part of that posturing, which is the gun rights issue invoking the Second Amendment to the Constitution. Trump made that conflation explicit in the Rose Garden speech that he delivered shortly before Attorney General William Barr ordered the use of stun grenades and tear gas to clear a path to Trumps photo-op at a church. In the speech, Trump stated, I am mobilizing all available federal resourcescivilian and militaryto stop the rioting and looting, to end the destruction and arson, and to protect the rights of law-abiding Americans, including your Second Amendment rights.
Trumps further rhetoric on this assortment of issues has been contradictory. He has shown no fondness for public order when egging on protestors who have resisted the authority of governors while threatening violence and brandishing assault rifles in state capitol buildings. Moreover, invoking the Second Amendment in the same breath as threatening to put active-duty military personnel into the streets involves another contradiction, as a matter of law and history.
The Second Amendment is about well-regulated militias. It says in the first line of the amendment that a well-regulated Militia is necessary to the security of a free State. For over two centuries the courts did not regard it as limiting the power of states and localities to enact laws regulating individual ownership of firearms. Then, in 2008, lobbying spearheaded by the National Rifle Association finally got five Supreme Court justices in Heller v. District of Columbia to abandon any semblance of original intent and construe the Second Amendment as a basis for striking down gun control laws that have nothing to do with militias, let alone well-regulated ones.
Story continues
When the Bill of Rights, of which the Second Amendment is a part, was written, militias were in good odor among Americans of all political persuasions. Militias, after all, deserved much of the credit for standing up to the British Redcoats during the American Revolution.
After independence, militias became an important part of two over-arching political issues. One was the issue of how much power the new federal government would have relative to the authority of the states. Enactment of the Bill of Rights, including the Second Amendment, was a concession by the federalists to the anti-federalists who considered it vital to restrict the powers of the federal government and keep it out of the business of the states, including the business of preserving local order.
This subject was closely related to the second big and relevant issue, which was a general antipathy to standing armies. As much as militias were in good odor among Americans of that day, a full-time military under the control of a central government was in bad odor. (After the almost complete demobilization of the Continental Army at the end of the Revolution, this attitude was reflected in U.S. policy until increased tensions in the 1790s, first with Britain and then with France, led to the restoration of a small standing military.) The strong pro-militia statement the Second Amendment makes was a statement against any federal army butting into the states business. The right to bear arms was made universal out of a fear that the federal government might butt into the states business not only through the deployment of a federal army but also by limiting the size of a states militia. Baron von Steuben, the Prussian officer who became George Washingtons inspector general during the Revolution, had suggested just such a limitation.
In short, the Second Amendment embodies opposition to the very use of federal troops that Donald Trump and Tom Cotton are talking about. The authors and early champions of the amendment would be appalled to hear it invoked by those arguing that a federal army should be used to corral and coerce American citizens in the streets of American cities.
Useful context is provided by the Third Amendment, which protects citizens against having to quarter soldiers in their homes. The Third Amendment, like the Second Amendment, is a statement against standing armies getting involved in the local lives of Americans. Today, no one is talking about restoring that kind of military housing arrangement, and the Third Amendment is perhaps the least-cited portion of the entire Constitution. But reading itas well as that first line of the Second Amendmentwould aid understanding of the underlying issues.
Paul Pillar retired in 2005 from a twenty-eight-year career in the U.S. intelligence community, in which his last position was National Intelligence Officer for the Near East and South Asia. Earlier he served in a variety of analytical and managerial positions, including as chief of analytic units at the CIA covering portions of the Near East, the Persian Gulf, and South Asia. Professor Pillar also served in the National Intelligence Council as one of the original members of its Analytic Group. He is also a Contributing Editor for this publication.
Image: Reuters
Click here to read the full article.
Read the rest here:
How Donald Trump Abused the Second Amendment - Yahoo News
- The Future of the Second Amendment - Berkeley Law - April 18th, 2024 [April 18th, 2024]
- Mental Health Firearms Bill Divides Second Amendment Supporters in State House - NH Journal - April 18th, 2024 [April 18th, 2024]
- Biden Administration Unlawfully Expands Background Checks on Firearms Sales - Kevin Cramer - April 18th, 2024 [April 18th, 2024]
- The Second Amendment and 18-to-20-Year-Olds - Reason - March 29th, 2024 [March 29th, 2024]
- Chatbots like crime, hate firearms: A Second Amendment study - Washington Examiner - March 29th, 2024 [March 29th, 2024]
- OK: Oppose H.J.R. 1034, Unless Amended! | GOA - Gun Owners of America - March 29th, 2024 [March 29th, 2024]
- Republicans blast Biden admin's 'Red Flag Operation' as one that will 'violate' Second Amendment rights - Fox News - March 29th, 2024 [March 29th, 2024]
- Gordon Signed Four Second Amendment Bills, Vetoed Another - WyoToday.com - March 29th, 2024 [March 29th, 2024]
- A new resource center in the DOJ has a lot of people worried about their Second Amendment rights - Tri-State Alert - March 29th, 2024 [March 29th, 2024]
- 'It Has Everything to Do With Race': Protesters Clash Outside Kyle Rittenhouse Event - Yahoo News UK - March 29th, 2024 [March 29th, 2024]
- Governor signs firearm bills, vetoes bill to repeal gun-free zones - Buckrail - March 29th, 2024 [March 29th, 2024]
- FISA and the Second Amendment: Gun Owners Beware - RealClearPolicy - February 3rd, 2024 [February 3rd, 2024]
- Second Amendment protects the rest | Commentary | norfolkdailynews.com - Norfolk Daily News - February 3rd, 2024 [February 3rd, 2024]
- Ricketts Signs Brief to Defend Gun Owners and Second Amendment - Rural Radio Network - February 3rd, 2024 [February 3rd, 2024]
- Dems bow to local control on guns then take it away | BRAUCHLER - coloradopolitics.com - February 3rd, 2024 [February 3rd, 2024]
- Augusta County Second Amendment guy wants to protect schoolkids from books? - Augusta Free Press - February 3rd, 2024 [February 3rd, 2024]
- The 2nd Amendment is not about Hunting - WIBC - Indianapolis News & Politics - October 27th, 2023 [October 27th, 2023]
- Opinion: Protecting Our Second Amendment Rights in St. Louis ... - The Missouri Times - October 27th, 2023 [October 27th, 2023]
- Statement by Vice President Kamala Harris on the Mass Shooting in ... - The White House - October 27th, 2023 [October 27th, 2023]
- Letter: Second Amendment matters more than ever - Quad-City Times - October 27th, 2023 [October 27th, 2023]
- The Supreme Court is seriously considering whether domestic ... - Vox.com - October 27th, 2023 [October 27th, 2023]
- Letter urging House Speaker to act on gun violence sent hours prior ... - Woodland Daily Democrat - October 27th, 2023 [October 27th, 2023]
- Vermont: Gun-Controllers Are Abandoning Their Rural Roots - NRA ILA - October 27th, 2023 [October 27th, 2023]
- Foundation prepares to disburse roughly $32 million in legal aid ... - The Florida Bar - October 27th, 2023 [October 27th, 2023]
- Critics Sock Sean Hannity Over His Bizarre Personal 'Plan' For Mass ... - Yahoo! Voices - October 27th, 2023 [October 27th, 2023]
- Second Amendment Roundup: Fusillade of Amicus Briefs Filed in Rahimi - Reason - October 12th, 2023 [October 12th, 2023]
- 12 Defensive Gun Uses Bare Absurdity of Attacking Gun Rights - Daily Signal - October 12th, 2023 [October 12th, 2023]
- Horrific Attack In Israel Shows Critical Importance Of Second Amendment In America | David Hookstead - Outkick - October 12th, 2023 [October 12th, 2023]
- OPINION: Second Amendment rights deserve protection - The ... - Stanly News & Press - October 12th, 2023 [October 12th, 2023]
- Noel Hudson: What, exactly, was the well-regulated militia? - VTDigger - October 12th, 2023 [October 12th, 2023]
- Berkshire residents and officials join the debate at the statehouse ... - Berkshire Eagle - October 12th, 2023 [October 12th, 2023]
- Old gun controls that were constitutionally repealed are not precedents for modern gun control - Reason - October 7th, 2023 [October 7th, 2023]
- Rahimi: The Case That Might Turn the Court Even More Extreme on Guns - The New Republic - October 7th, 2023 [October 7th, 2023]
- Second Amendment proponents fear public health emergencies ... - The Statehouse File - October 7th, 2023 [October 7th, 2023]
- UGA political groups debate the Second Amendment at political ... - Red and Black - October 7th, 2023 [October 7th, 2023]
- From the Second Amendment to OxyContin Settlements, Here Are ... - WTTW News - October 7th, 2023 [October 7th, 2023]
- Goldwater Institute Urges Supreme Court to Respect Second ... - The Creative Corner - October 7th, 2023 [October 7th, 2023]
- I carry a firearm daily. Second Amendment rights are not absolute. - Daily Kos - October 7th, 2023 [October 7th, 2023]
- Free Lecture - To Trust the People with Arms: The Supreme Court ... - Buckeye Firearms Association - October 7th, 2023 [October 7th, 2023]
- Federal Judge Enjoins Several Maryland Restrictions on Carrying ... - Reason - October 7th, 2023 [October 7th, 2023]
- Guest columnist Lee Armstrong: Taking 2nd Amendment to extremes - GazetteNET - August 26th, 2023 [August 26th, 2023]
- Analysis: ACLU Warns of Government Overreach in Second ... - The Reload - August 26th, 2023 [August 26th, 2023]
- Madison's Militia: The Hidden History of the Second Amendment, by ... - Shepherd Express - August 26th, 2023 [August 26th, 2023]
- Massachusetts Judge Rules Law Against Carrying Guns Across ... - The Reload - August 26th, 2023 [August 26th, 2023]
- It's Not Hard to Tell Good Guy From Bad Guy, as 12 More Defensive ... - Heritage.org - August 26th, 2023 [August 26th, 2023]
- NRA-ILA Files Friend of the Court Brief Urging the Eighth Circuit to ... - NRA ILA - August 26th, 2023 [August 26th, 2023]
- Panhandling ordinance amendments pass first Council vote - Mountain Xpress - August 26th, 2023 [August 26th, 2023]
- Florida's New Concealed Carry Law: What You Need to Know - Hernando Sun - August 26th, 2023 [August 26th, 2023]
- Why did PragerU lie about being approved in Texas schools? - Reckon - August 26th, 2023 [August 26th, 2023]
- No longer a cold war, the Tennessee House and Senate are not ... - News Channel 5 Nashville - August 26th, 2023 [August 26th, 2023]
- What's News, Breaking: Tuesday, August 22, 2023 - Brooklyn Daily Eagle - August 26th, 2023 [August 26th, 2023]
- Sparse turnout for gun rights rally with Kyle Rittenhouse after Michigan gun reform laws signed Michigan Advance - Michigan Advance - July 21st, 2023 [July 21st, 2023]
- Tom Huckin: A misinterpretation of the Constitution leads to disastrous consequences - Salt Lake Tribune - July 21st, 2023 [July 21st, 2023]
- Debate on Second Amendment | News, Sports, Jobs - Williamsport Sun-Gazette - July 21st, 2023 [July 21st, 2023]
- Sorry, Gov. Newsom, but Citizens Want to Use Guns to Defend ... - Heritage.org - July 21st, 2023 [July 21st, 2023]
- D-Wave Quantum Inc. Enter into the Limited Waiver and Second Amendment to Loan and Security Agreement with PSPIB Unitas Investments II Inc -... - July 21st, 2023 [July 21st, 2023]
- Federal Judge Rejects Lawsuit to Uphold Texas Suppressor Law for ... - The Texan - July 21st, 2023 [July 21st, 2023]
- Governor's Council approves all 7 of Healey's pardon ... - WBUR News - July 21st, 2023 [July 21st, 2023]
- Jonah Goldberg: Why July is the cruelest month for GOP presidential ... - The Winchester Star - July 21st, 2023 [July 21st, 2023]
- Second Amendment Roundup: U.S. Seeking Cert on Prohibited Persons % - Reason - May 30th, 2023 [May 30th, 2023]
- 2nd Amendment Quotes for Hot Topics - Everyday Power - May 30th, 2023 [May 30th, 2023]
- ICYMI: Buffalo News Editorial: Gun Laws and a More Sensible ... - ny.gov - May 30th, 2023 [May 30th, 2023]
- Opinion | Prince William needs gun-free zones - The Washington Post - May 30th, 2023 [May 30th, 2023]
- Second Federal Judge Expands Block on Biden Pistol-Brace Ban as ... - The Reload - May 30th, 2023 [May 30th, 2023]
- Editorial: Mayor's order of support for trans citizens contrasts with the ... - St. Louis Post-Dispatch - May 30th, 2023 [May 30th, 2023]
- Simple answer isn't workable - Las Vegas Sun - May 30th, 2023 [May 30th, 2023]
- DeSantis and the Road to the White House - The Media Line - May 30th, 2023 [May 30th, 2023]
- Should gun stores be allowed near schools? These parents are ... - Reckon - May 30th, 2023 [May 30th, 2023]
- Hawaii Agrees to Drop Baton Ban After Losing Court Fight - The Reload - May 30th, 2023 [May 30th, 2023]
- Demise of S.F. exaggerated. It's still a great city to visit - San Francisco Chronicle - May 30th, 2023 [May 30th, 2023]
- ESAs consult to amend technical standards on the mapping of ... - ESMA - May 30th, 2023 [May 30th, 2023]
- 'Not tools of self-defense': Ferguson makes case for Washington's ... - The Columbian - May 30th, 2023 [May 30th, 2023]
- Lawrence ODonnell Airs Old Clip of Republican Chief Justice Calling the Second Amendment a Fraud on the American Public - Mediaite - March 31st, 2023 [March 31st, 2023]
- Marshall University Prof: Cops and Vets Earn Their Second Amendment Rights Through Months of Training - The Truth About Guns - February 28th, 2023 [February 28th, 2023]
- Interpretation: The Second Amendment | Constitution Center - January 27th, 2023 [January 27th, 2023]
- Senate panel okays Tax Laws (Second Amendment) Bill: Fixed tax scheme gets nod to bring 2m retailers into tax net - The News International - December 23rd, 2022 [December 23rd, 2022]
- Gohmert: Without a change to how children are taught, 'We're going to have to get rid of the Second Amendment' - Fox News - December 18th, 2022 [December 18th, 2022]
- Minim, Inc. and Cadence Connectivity, Inc. Enter Second Amendment to Loan and Security Agreement with Silicon Valley Bank - Marketscreener.com - December 18th, 2022 [December 18th, 2022]
- Opinion: Let's talk about repealing the Second Amendment - The Connecticut Mirror - December 12th, 2022 [December 12th, 2022]
- The right to bear arms: what does the second amendment really mean ... - November 21st, 2022 [November 21st, 2022]