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Monday, November 26, 2007
Ken Blackwell :: Townhall.com Columnist
Gun Rights and Presidential Politics
by Ken Blackwell
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The debate over individual gun rights just has become a front line issue in the 2008 presidential campaign. The United States Supreme Court decision to hear arguments on District of Columbia v. Heller, the D.C. gun ban case, guarantees it.

In the District of Columbia, it is a crime to have a handgun. It also is a crime to have shotguns or rifles unless they are unloaded and disabled. Ordinary people cannot have a gun, even in their own homes.

Earlier this year, the U.S. Court of Appeals for the District of Columbia struck down the law as unconstitutional. The court said the Second Amendment does not allow a law like it because it keeps Americans living in D.C. from exercising their Second Amendment rights.

Now the Supreme Court will weigh in on whether or not the framers of the Constitution actually bestowed a right to government over the people in the Second Amendment to the Bill of Rights.

The answer seems obvious.

The Bill of Rights details individual rights that government cannot take away. When the framers referred to the people, they meant the individual, not the government. Most Americans get it. Even liberal legal scholars like Alan Dershowitz and Laurence Tribe get it when it comes to the individual rights guaranteed by the Second Amendment. They believe the clear wording of the document favors the individual’s gun rights.

Though it seems to escape the mayor of D.C., Adrian Fenty, who thinks Constitutional rights can be legislated away. “It’s the will of the people of the District of Columbia that has to be respected,” Mr. Fenty recently said at a news conference. “We should have the right to make our own decisions.”

With nearly 100 million American gun owners and a fluid nominating process in both primaries, Second Amendment voters matter. In fact, their votes could be the deciding factor in the volatile Iowa and New Hampshire contests propelling the winner into the pivotal South Carolina and Florida primaries.

Second Amendment voters are strict constitutionalists and will be closely watching how the presidential candidates address the gun issue.

The president is sworn to uphold “the right of the people to keep and bear arms.” The duty to protect the Constitution and uphold the law requires a firm, clear belief one way or the other on the rights of Americans to buy and own a gun.

Mitt Romney, Fred Thompson, John McCain, and Mike Huckabee are staunch Second Amendment advocates and all oppose most restrictions on gun rights including D.C.’s. Rudy Giuliani favors some restrictions but opposes the D.C. gun ban. He thinks the Supreme Court should strike it down permanently. Continued...

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About The Author
Mr. Blackwell, contributing editor of Townhall.com, is a senior fellow at the Family Research Council, the American Civil Rights Union and the Buckeye Institute in Ohio.
 
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Subject: Gun Rights and the Presidential race
I would trust John McCain And Rudy Giuliani with
gun rights as much as I would trust Hillary
Clinton. Don't forget that McCain stomped on
our Constitutional right of free speech in order
to silence the NRA, and that Giuliani brought
frivolous lawsuits against gun makers.
Huckabee is flaky on too many issues to be a viable candidate, which leaves only Fred Thompson
or,in a real pinch, Mitt Romney.

Uncke B
I quite agree with you sir, about any proposed legislation pertaining to the confiscation of American's firearms, would be just and legal cause for a Civil War. Why would any party wish to confiscate firearms, except to subdue the public with legislation, while they took over our Liberty and Freedom. As a famous American once said, "firearms are the very teeth of Liberty!"
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