Right to Bear Arms - Not an Absolute

Recently Governor Ed Rendell did an unprecedented thing, he appeared before the House Judiciary Committee in Harrisburg and gave a direct testimony in advocacy for several important pieces of gun legislation; one gun per month law, mandatory reporting of stolen firearms, increased background checking and a number of others. Unfortunately to the Governor’s dismay all but one were shot down (no pun intended) without debate and in front of a democratically held committee.

The bills were tabled because regardless of political affiliations democrat or republican the NRA has more control over the General Assembly than any other lobbying entity in the state. Whenever a legislator from Philly introduces a bill to stifle violent crimes in their gun laden city or whenever a common sense Governor advocates for realistic gun regulation that would quell illegal gun trafficking, the NRA swoops in with its skewed, distorted message of fear and intimidation – “there out to take your guns away” they cry, “this will infringe on your constitutional right to keep and bear arms” they howl. And before you know it the debate is over and any legislator who dared to stand up for logic and safety are strong armed and silenced, fearful of loosing their job amidst certain political retribution.

The fact of the matter is that these gun regulations and others like it don’t infringe upon one’s right to keep and bear arms nor would these bills take away one single gun. The truth is we regulate the second amendment all the time; a law is currently on the books in over 20 states that allow only one gun to be purchased per person, per month. That means that a two person household sill has the capacity to purchase 24 firearms in a 1 year period, no court in the country has decided on that law being unconstitutional; as infringing on a person’s right to bear arms.

Again bills like this get passed all the time without constitutional scrutiny, it’s called the balance test, a court will look at how much a bill infringes on a person’s particular right and balance that against the state’s own interest in the existence and implementation of that law. Only permitting a household to bear 24 firearms within a 12 month period could be grounds for constitutional scrutiny but it’s logical to legislate that this law does not infringe on a person’s right to bear (or to acquire) firearms it only regulates the amount within a specific time frame to which that person can bear those arms. And that law justifiability lends to the further safety of the state.

It is the courts job to look at a specific law and measure it’s prohibition as practical and acting in the best interest of our society within the scope of that societies’ evolution – that’s my guess anyhow. Look, we regulate our constitution all the time, case in point the 1st amendment; we all know the classic example of yelling “fire in a crowded theater that is in fact not on fire, you can’t do it. Just like you can’t convene a peaceful Iraq war protest standing in the middle of the PA turnpike. We regulate those amendments because it’s not 1776 and because we realize that for the bettering of the state we must be willing to redefine our actions and personal rights to fit the scope of our society.

My point is two fold; one, certain gun regulations are not 2nd amendment infringements aimed at destroying the integrity and sacredness of the amendment they are there to protect the state and its citizens and two, we need to stop being beholden to the gun lobby, stop being afraid of them, stop letting them turn an honest debate into a demagoguery. Lets tone down the drastic rhetoric and be honest, these types of gun regulations do work and they don’t prohibit anyone from keeping or bearing arms, let’s stop speaking to the illogical, impatience of man’s inner instinct and rather breakthrough to the rational, unnatural side of compromise and statesmanship

What does it mean to be an American Citizen?

With the immigration debate simmering down (minus Lou Dobbs nightly rants) as the real campaign season heats up I decided it would be fun to take the current U.S. naturalization test as administered through the U.S. Citizenship and Immigration Service, just to see according to the U.S. government whether or not I belong in this country. Without bragging if I were an immigrant from Mexico or Eastern Europe taking the test today with my current understanding of U.S. History and Government I would safely pass and assure my place in the U.S. as a full fledged American citizen. But how would you do? Below are some of the trickier questions, see if you would have the understanding and knowhow to be accepted into the most prestigious, exclusive club in world history.

1. Who Elects the President?
2. How Many Amendments comprise our constitution?
3. Name the 3 branches of government?
4. How many representatives are in Congress?
5. What is the Bill of Rights?
6. Who becomes president if the president and vice-president die?
7. Who has power to declare war?
8. What is the introduction of the Constitution called?

How did you do? Check below to see if you’re in or if you’re out.

My point is this, what does it really mean to be an American citizen? I think our congress and our country often losses site amidst political backlash and tempestuous ideology. Does it mean having a broad, basic and inconsequential understanding of our countries history? Does it mean knowing how many stripes there are on our flag and what those stripes stand for? Is it knowing the three branches of government and answering only simplistic questions pertaining to the purpose of those branches? Are aggregated questions like these a fair and accurate barometer in determining American citizenship?

My bet is that there are more than a generous handful of American citizens who would answer more than an embarrassing number of these questions incorrectly if forced to.

Or does being a member of this country mean paying your taxes, working hard and contributing to the evolution of our economy and culture? Does it mean raising a family the best way you know how, with the resources you have? Does it mean pursuing an education in the quest for self-improvement, or living the true American dream? I think it means all of these things, citizenship shouldn’t be boiled down to simply knowing the answers to questions such as, who is the current president and how many justices sit on the supreme court, to say nothing of the fact of knowing what the supreme court does, no more than the study of Hisotry should be boiled down merely to dates and names.

We have laws in this country I know, and the resolute adherence to the rule of law is what makes this country the strongest democracy in the world but lets not call those here illegally names while Johnny Q sitting in Mr. Smith’s history class can’t name the 13 original colonies.

Check the answers below with your answers and see how you did, are you an American citizen?

Answers:
1. the electoral college
2. 27
3. judicial, executive, legislative
4. 435
5. first 10 amendments to the constitution
6. Nancy Pelosi (scary) – speaker of the house
7. Congress
8. the Preamble