Submitted by Aaron Arkin.
In the 1963 movie of the same name, Billy Liar (played by Tom Courtenay) is an aggrieved young man, described as ambitious but lazy, living at home in a middle-class English family. Unable to free himself from his dependency and lacking the strength of character to move himself into the world of adult choices, he resorts to constant lying (thus the name) and frequent fantasizing. Of the latter, the most striking is when in response to a harangue from his parents, we see him armed with a machine gun angrily mowing down his entire family. For the movie audience, the contrast between Billys fantasy and what is actually and mundanely taking place at the family dinner table is shocking, and maybe for some, even vindicatory.
Of course, Billy wouldnt really murder his family, and in England he wouldnt have ready access to a machine gun. But experiencing grievance is not rare, and in our country awash in assault weaponry, the aggrieved dont always settle for just fantasy.
When establishing responsibility for a criminal act, three elements are sought: means, motive, and opportunity. In the case of mass murder, means is easy access to guns. Here in the US, their ubiquity was turbocharged by the Supreme Courts most recent interpretation of the Second Amendment which reads: 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.
Historian consensus for most of American history however, was that the Second Amendment limited the un-infringed possession of Arms to a citizen militia. They concluded the Founding Fathers were focused on keeping state militias from being disarmed in the absence of a national armed service. The revised interpretation of the Amendment, giving individuals that constitutional right, was provided by the opinion of Justice Antonin Scalia. Writing for the 5 to 4 majority in District of Columbia v. Heller (June 20, 2008), he ignored both the Amendments historical context, and its grammatical construction.
The Second Amendments grammatical construction, it is built on two clauses, the building blocks of sentences. Clauses are groups of related words (phrases) that contain both a subject and a verb. When a clause can stand alone as a complete sentence with a clear meaning, its considered independent. If it only makes sense when you join it with another clause, its dependent (or subordinate). A well regulated militia, being necessary to the security of a free State is a dependent clause because it makes sense, that is, it is only a complete thought when combined with its following clause the right to keep and bear Arms shall not be infringed.
Another way we know that the Second Amendments grammatical construction is a complete and logical thought only when the two clauses are combined is because, according to the grammar text, Writing and Thinking, Foerster and Steadman, revised by McMillan, the meaning of the independent and dependent clauses holds if the full statement can be preceded by the terms if, in case that, provided that, unless, since, as, because, inasmuch as, in that, or and now that, without changing the thought of the sentence. For example: Inasmuch as 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 has the same meaning as the Second Amendment.
Summing up, the complete thought and logic of the two Second Amendment clauses is that, if militias are necessary for the security of a free state, the right of the people to keep and bear Arms wont be infringed. The converse of that statement is that, if militias are not necessary to the security of a free state, the right of the people to keep and bear Arms does not automatically follow. Since we no longer have or utilize self-armed citizen militias to secure the State, the Second Amendments rationale became irrelevant or inapplicable when the United States created its own armed services. One could reasonably argue that, in effect, the Second Amendment repealed itself.
As an avowed constitutional textualist (by the way, a questionable and controversial mode of legal interpretation of historic documents), who supposedly focused on the plain meaning of the text of legal documents to understand and emphasize how the terms in the Constitution would be understood by people at the time they were ratified, as well as the context in which those terms appeared, it is striking and ironic that Judge Scalia chose to ignore both the grammatical construction of the Amendment, and its historical context. In his dissenting opinion, Justice John Paul Stevens (joined by Ruth Bader Ginsberg, David Souter, and Steven Breyer) argued that the courts judgment was a strained and unpersuasive reading which overturned longstanding precedent, and that the court had bestowed a dramatic upheaval in the law. One may fairly conclude that in his desire to provide individual citizens the right to have Arms for self-protection, Judge Scalias commitment as a constitutional textualist was conditional.
Many supporters of Scalias interpretation do seem to sense that his reading of the Second Amendments intent rests on shaky legal ground; seeing any restriction on gun rights as a hole in the dike or a slippery slope, if you will, that could cause Scalias legal edifice to fail. Pointedly, we dont see similarly strenuous advocacy in service to the other nine Bill of Rights Amendments which, presumably, sit on firmer legal grounds. Shaky grounds or not, with the Courts ruling, we are now left to deal with its unintended consequences.
When it comes to grievance as a common human experience for motive (the second element of a criminal act) at the heart of mass shootings, I am brought in mind of an ironic saying, Lucky the man who knows who his enemy is. I take this to mean that if ones focus is on an enemy for ones difficulties or failures, it is not necessary to look within. And unfortunately as it turns out for us, for many people with that need there is no lack of enemies: different races, religions, political views, sexual identity and preferences, immigrants, economic classes, event attendees, people in power, people without power, high achievers, old people, young people, people who criticized, bullied, bested, insulted, or made fun of you; who cut you off on the highway, drove too slowly, wore the wrong color clothing, said something you didnt like, looked at you funnily, had something you were lacking. In other words, the other.
Opportunity (the third element of a criminal act) for mass murder is provided by so-called soft targets: night clubs, houses of worship, places of employment, grocery stores, schools, restaurants, malls, public gatherings, festivals, highways, homes, neighborhood streets. There is really no limit. Considering all of the above, we have a perfect storm for increasing the number of mass killings using semi-automatic and what are effectively automatic weapons.
Even in the face of this horrific violence however, there has been little appetite for meaningful political solutions. There is even refusal by many politicians to accept that the proliferation of lethal weaponry contributes to the slaughter. Instead we get the mantra: Guns dont kill people; people kill people, followed by arguments for increasing funding for mental health care (which ironically many politicians on the right have voted to defund in the past), hardening all soft targets (as if that were really possible), and getting tougher on criminals (although we incarcerate more people than any other nation on earth): anything but meaningful restrictions on access to guns and banning the most dangerous weapons.
Supporters of least restrictive gun laws also make the argument that we would be safer with more arming of the citizenry, including teachers, more open carry laws, and fewer restrictions on concealed weapons. As it is estimated there are already more guns in private hands in America then there are people, by that measure we should already be the safest country in the world. In fact, we have the second highest number of gun deaths in the world.
A more rational approach would be the one that has been adopted by other advanced democracies. They ignore any right to bear Arms type of construct, and balancing the interest in of public safety against providing self-protection for responsible citizens, just regulate the sale of weapons and the kinds of weapons permitted.
But back to Billy Liar: at the end of the movie, he finds himself in a position to make an actual grownup choice. Hes met a free-spirited young woman (Julie Christie, in her break-out role) who is ready to meet the challenges of the adult world and who offers him the opportunity to join her and start life on their own. And part of him wants this: to overcome his need for dependency; to have an adult relationship, and to make his own way. Sitting on a train about to leave the station, poised for an entry into an adult future, Billy chooses to leave the train to get some milk to drink (what could be more emblematic of dependency and lack of real agency?), promising Julie there is plenty of time for him to get back before the train leaves.
The audience instantly realizes Billy will not be coming back. True to form, he delays his return, described by one critic as the train leaves the station without him as, . . . shrugging on the platform and settling for the mediocrity he despises and probably deserves. Turns out Billy reserved the worst lies for himself. Seems he is not alone.
Go here to read the rest:
Letter: Billy Liar: Coming Soon To a Theater Near You The Suburban Times - The Suburban Times
- Civics education: Learn the basics of why the Second Amendment exists - Tennessean - May 1st, 2024 [May 1st, 2024]
- 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]