“Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote.”- Ben Franklin.
Mr. Schmookler’s anti-Second Amendment stance is once again on display. He advocates that we wait and see “what gets passed” before we resist the trampling of our civil and Constitutional rights. Hard to put the genie back in the bottle, isn’t it Schmookler? At the very least it would take years of court battles all the while our rights would be denied. I would remind Schmookler that the Constitution itself says that state laws cannot negate, nullify or change Federal laws — e.g. the Constitution and the Bill of Rights. I also would refer Schmookler to the last four words of the Second Amendment — “shall not be infringed” (act so as to limit or undermine something).
Senate Bill No. 16 (yes, Schmookler we do know what they are trying to pass) proposes, among other things, that it would be unlawful to import, sell or POSSESS a semi-automatic rifle that can accept a detachable magazine and has a flash suppressor or muzzle brake. Nearly all AR-15s have muzzle suppressors or muzzle brakes. It outlaws all semi-auto pistols with a detachable magazine if it has a threaded barrel, flash suppressor or muzzle brake.
I have a semi-auto pistol with detachable magazine and a muzzle brake that I’ve owned for over 30 years. Now I would be a felon for possessing it? I do believe this is ex post facto and violates Article I. Section 10. And you see nothing unconstitutional in all this Schmookler? You think that is not an infringement on the Second Amendment? Speaks volumes about your comprehensive skills or honesty. The bill is lengthy, oppressive and not “complying” is a Class 6 felony.
Did our founding fathers wait for a court to rule that the oppressive laws England enacted, one of which was to disarm the Colonists? No, they did not. If they had, we would be flying the Union Jack instead of the Stars and Stripes.
Now to Schmookler’s inane and convoluted analogy of defending the Second Amendment and secession during the War Between the States. I would ask Schmookler to show me, in the Constitution, the words “perpetual union.” Then show me, in the Constitution, where it prohibits secession. Finally, show me a court ruling, before 1860, that ruled states could not secede. Virginia, New York and Rhode Island specifically withheld the right to secede. The ratifications of Virginia, New York and Rhode Island were unanimously accepted as valid. Those states’ claims to the right of secession was understood and agreed to by the other ratifiers. Thomas Jefferson, George Mason and Patrick Henry all supported the right of secession. No, secession at that time did not violate the Constitution. The War only proved that might makes right.
“What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance”--Thomas Jefferson.
Mike Muterspaugh lives in Harrisonburg.