Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
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.
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
This is SO much like television today. Nothing has changed over the past 50 years at all! Don’t worry, you’re being told everything by O’Reily, Hanity and Beck…Edward G. Morrow is just one who has already had a movie written in his honor. That is the ONLY difference!
(ooops! It’s not April first? Well, forget all that then.)
No one familiar with the history of his country, can deny that congressional committees are useful. It is necessary to investigate before legislating. But the line between investigating and persecuting is a very fine one, and the Junior Senator from Wisconsin has stepped over it repeatedly. His primary achievement has been confusing the public mind as between the internal and the external threats of communism. We must not confuse dissent from disloyalty. We must remember always, that accusation is not proof, and that conviction depends upon evidence and due process of law. We will not walk in fear, one of another, we will not be driven by fear into an age of unreason. If we dig deep into our history and our doctrine, we will remember we are not descended from fearful men. Not from men who dared to write, to speak, to associate, and to defend causes that were for the moment unpopular.
This is no time for men who oppose Sen. McCarthy’s methods to keep silent or for those who approve. We can deny our heritage and our history but we cannot escape responsibility for the result. There is no way for a citizen of the republic to abdicate his responsibilities.
As a nation we have come into our full inheritance at a tender age. We proclaim ourselves as indeed we are, the defenders of freedom wherever it still exists in the world. But we cannot defend freedom abroad by deserting it at home. The actions of the Junior Senator from Wisconsin have caused alarm and dismay amongst our allies abroad and given considerable comfort to our enemies.
And whose fault is that? Not really his, he didn’t create this situation of fear, he merely exploited it, and rather successfully.
Cassius was right, the fault dear Brutus is not in our stars, but in ourselves. Good night, and good luck.
The hearings in McDonald v. Chicago promise an unrevolutionary victory—but still an important one.
Justice Antonin Scalia delivered the big laugh line of the hour at Tuesday’s Supreme Court hearings in McDonald v. Chicago. That case’s outcome will decide whether the Second Amendment rights vindicated in 2008’s D.C. v. Heller apply to states and localities. Scalia amused the crowd by asking a question that has perplexed some legal scholars and gun activists both for and against McDonald lawyer Alan Gura’s general goal of applying Second Amendment protections to all levels of American government.
To get the joke, such as it was, you first need the background about what was at stake. The Bill of Rights was originally interpreted to bind only the federal government. The framers of the 14th Amendment intended to change that, and bind the states as well in respecting Americans’ rights. This was in 1868, when recently freed slaves had their rights to work, own property, and bear arms widely abused and unprotected by state and local governments.
The history of the 14th Amendment’s passage indicates that a certain part of the amendment was meant to bear the interpretive burden of applying—“incorporating” in the legal lingo—the Bill of Rights (and other restrictions on government power) to the states. That was the Privileges or Immunities Clause: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.”