Jesse Walker | January 3, 2003
The City of New York is considering a bill to ban all toy guns. Couldn't they just mandate safety locks?
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One wonders what type of brain liberal statists like Bloomberg and Banzhaf suffer from. On the one hand, they have elevated buggery, abortion and obscenity to nearly sacramental status. On the other hand, tasty food, cigarettes, booze, fast cars, trenchant books, and political debate -- nearly everything that is good in life and enjoyed by normal folks -- is subject to being outlawed, pilloried, or sued out of existence. God save us from the people who are out to save us...
Forgive me for my naivet�; however, I don't think for an instant
that just because an action isn't enumerated in the Bill of Rights
doesn't mean that it isn't a right that deserves protection. It
would be nice if the founders had thought of everything when the
constitution was drafted; unfortunately they didn't. Regardless of
that, I can't see why my freedom, or the freedom of anyone else,
depends solely on whether or not it's printed out on a yellow piece
of paper that sits in a glass case in the National Archives to be
gawked at by brainless tourists, sneered at by power-hungry
politicians, and "interpreted" by clueless Supreme Court
justices.
There has to be some other guarantee!
Mark S: I think what you're trying to say is. . .
Amendment IX
The enumeration in the Constitution, of certain rights, shall not
be construed to deny or disparage others retained by the
people.
. . . yes?
That's a start, Pretnar. However, the strength of the Bill of
Rights lies soly on whether or not the Government actually follows
it. Sadly it has a very poor track record.
I think that the founders made the mistake of writing the
Constitution first and adding the Bill of Rights as a compromised
afterthought. If freedom was their goal (and if we examine the
beliefs of the Federalists, it wasn't) they should went the other
way around: Starting with the things that the state CAN'T do and
build up the government around it.
Talk about 200-year-old Monday Morning Quarterbacking, hmmm?
There is no constitutional right to "buggery." (Well, not for
the homos at any rate.) See Bowers v. Hardwick (Read the dissent
for a heartbreaking --if not always consistant-- paean to
liberty)
While I am pro-choice, I am also a believer in Federalism. (And not
the watered down Rhenquist court version of the doctrine.) Bottom
line: Abortion should not be prohibited or protected by the Feds.
And the B.O.R.-2nd Am. does provide an individual right to "the
people."
GAH... I always did suck at proofreading: Here's the corrected
version:
That's a start, Pretnar. However, the strength of the Bill of
Rights lies solely on whether or not the Government actually
follows it. Sadly it has a very poor track record.
I think that the founders made the mistake of writing the
Constitution first and adding the Bill of Rights as a compromised
afterthought. If freedom was their goal (and if we examine the
beliefs of the Federalists, it wasn't) they should went the other
way around: Starting with the things that the state CAN'T do and
build up the government around it.
Talk about 200-year-old Monday Morning Quarterbacking, hmmm?
I've got a better idea. Those do-gooders" who don't want there kids to have guns shouldn't buy them and should give the rest of us the same right to choose-oh...wait....the right to choose only applies to women and their reproductive choices. Sorry I forgot.
Kids with toy guns in NYC tend to get shot dead by the police. One would think that this reality would be more persuasive than any law or public service announcement against the toys, but apparently not: it just happened again this week.
Steve, what does a ridiculas toy gun ban have anything to do with abortion? If you're trying to show that liberals who oppose gun ownership and support abortion rights are hypocrites, then you have a point. However, let me point out they are no more contridictory than those on the right who support the second amendment (at least, for now) and want to ban abortion.
Whoops... that should be "ridiculous" and "contradictory." Either these web-logs need spell checkers, or I need a dictionary. :-)
Mark, I hate to be the one to point this out to you, but there
is one teeny leetle detail differentiating the abortion argument
from that of gun ownership. It's called a Constitutional Amendment.
Perhaps you've heard of it? Heh.
Personal ownership of a firearm is both Constitutionally and
historically valid. Abortion "rights" enjoy neither status, and the
reasoning used to justify this right is at least suspect.
Please do not label me as some anti-abortion nut, as I am not. But
I do want to clarify the differences.
Personally, I what I find ironic is that many "liberals" generally
favor sex education and oppose gun safety education, while many
"conservatives" favor precisely the opposite.
Mark S: "Starting with the things that the state CAN'T do and
build up the government around it."
No good. Then everything the founders hadn't thought of would be
fair game for powermad idiots in government. For the Federal
government, they enumerated what it _could_ do, and everything else
was out of bounds. That's the only thing that will really limit
government - if you can stick to it.
The problem is, the Supreme Court never entirely enforced the
limitation of powers; for instance, the Alien and Sedition Acts and
the federal actions agagainst Mormom polygamy should have been
ruled unconstitutional even without the 1s Amendment, since nothing
in the constitution gives the feds that power. Then in the 1930's
the interstate commerce clause was stretched to cover almost
anything...
The other problem is that no such limitation was put on state
government - most of their constitutions did (and do) have a short
list of things the government couldn't do, and anything not
mentioned was presumably within the state's power. So the feds
couldn't trample on your rights, but the state government just had
to think up a new way, not specifically forbidden to them. And
nowadays, Congress can think up a new rights violation and bribe
the states to enact it, by offering back a small part of the money
they extracted from that state's residents in taxes...
Seems to me the Bill of Rights basically states what the government is (or is not) allowed to do (ie, "Congress shall make no Law", etc.). Or is it just me?
Despite the fact toy guns are made in bright colors indicating
that they are toys, the bubble wrap parents (the same ones that cry
about second hand smoke for them and their children in bars) are
whining about toy guns. We are not holding real guns to the heads
of parents that don't like toy guns to buy them for their
kids.
A contributer to my site has written Mayor Bloomberg about this
idiocy and Paintball guns. Those guns are neither toys nor guns. (
http://www.vikarsrant.net/Painball.htm )
When are adults going to stop paying for the idiocy of
irresponsible parenting?
I suggest you guys re-read what has been written, and you will see how rediculous some of your comments have been, particularly Steve. Who made absolutely no sense. Darn those good doers! Why do you care if my child plays with a toy gun and gets shot, duh! Sounds like you dont much care either!
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