This week the Supreme Court rendered two extremely important decisions in support of the Constitution, freedom, and the individual liberties of every American.
Virtually all of the media attention has been focused on the Court’s ruling in District of Columbia v. Heller, which upholds the individual right of Americans to own guns in the District of Columbia. Since Washington, D.C. is federal territory, many of those who oppose the Constitutional right to keep and bear arms continue to argue that the Second Amendment simply allows for state militias to possess guns, and they strive to keep and expand state and municipal prohibitions against individual gun ownership. But these state and local laws will now be challenged in light of the new ruling that makes clear that our Constitution and Bill of Rights not only mean what they say, but apply to every American.
In finding the Washington, D.C. gun ban in violation of the Second Amendment to the Constitution, Justice Scalia eloquently affirmed what our founding fathers understood when saying that certain rights are inherent, natural, and from God, not government, and when he explains how the rights affirmed by the founding fathers have their roots deep in ancient British legal history. These natural, God-given rights include the right to defend oneself and one’s family, to safeguard one’s home and property, even to defend one’s right to life, liberty, and the pursuit of happiness against a tyrannical government.
For a great many Americans, what the Supreme Court has done in this landmark case is to affirm what most of us simply regard as “right thinking” or common sense. Yet the Supreme Court’s ruling in this matter was determined by a razor thin vote of 5 to 4.
The national attention that focused on this Second Amendment ruling has eclipsed another Court decision rendered the same day, but one that is at least as important in that it re-asserts our First Amendment right to free speech. The McCain-Feingold law has been seen by many as an “incumbent protection act” in that it restricts the quantity, content, and timing of political speech during federal elections. One provision, known as the “millionaires’ amendment,” had attempted to subdue wealthy, self-financing candidates by letting their opponents receive triple the standard campaign contribution limit of $2,300 per donor. This provision effectively had limited what one candidate could spend, thereby limiting that candidate’s speech, since it costs money to get one’s message to the voters. Also, by “leveling the playing field” in this way, the law provided an advantage to incumbents who typically are much better known than are their challengers.
This week the Court also determined by a 5 to 4 vote that this provision of the McCain-Feingold law is unconstitutional, thereby upholding the right of a candidate to spend his own money for campaign speech.
While we can be thankful that the Supreme Court has aligned itself on the side of liberties contained in our Bill of Rights, the closeness of these votes reminds us of how very fragile those liberties are.
When we hear legislators boast about how much legislation they have sponsored and passed, we need to remember that every law, whether it is promulgated by local, state, or federal governments, limits someone’s freedom. The challenge is in knowing when to make the trade-off.
There was a time in the nineteenth century when many seriously argued that our Congress was no longer necessary since our nation had all the law it needed. With the threats posed by international terrorism, by a public that increasingly thinks government should solve all problems, and by a government that seeks to manage everything from the nation’s economy to planetary temperatures, our liberties come under constant assault.
The noble battles for liberty fought at Bunker Hill, Ticonderoga, Valley Forge, Charleston, Camden, and Eutaw Springs continue today in both political parties, in our state legislatures, in Congress, and as we have seen this week, in the United States Supreme Court. The fight is never ending.
Virtually all of the media attention has been focused on the Court’s ruling in District of Columbia v. Heller, which upholds the individual right of Americans to own guns in the District of Columbia. Since Washington, D.C. is federal territory, many of those who oppose the Constitutional right to keep and bear arms continue to argue that the Second Amendment simply allows for state militias to possess guns, and they strive to keep and expand state and municipal prohibitions against individual gun ownership. But these state and local laws will now be challenged in light of the new ruling that makes clear that our Constitution and Bill of Rights not only mean what they say, but apply to every American.
In finding the Washington, D.C. gun ban in violation of the Second Amendment to the Constitution, Justice Scalia eloquently affirmed what our founding fathers understood when saying that certain rights are inherent, natural, and from God, not government, and when he explains how the rights affirmed by the founding fathers have their roots deep in ancient British legal history. These natural, God-given rights include the right to defend oneself and one’s family, to safeguard one’s home and property, even to defend one’s right to life, liberty, and the pursuit of happiness against a tyrannical government.
For a great many Americans, what the Supreme Court has done in this landmark case is to affirm what most of us simply regard as “right thinking” or common sense. Yet the Supreme Court’s ruling in this matter was determined by a razor thin vote of 5 to 4.
The national attention that focused on this Second Amendment ruling has eclipsed another Court decision rendered the same day, but one that is at least as important in that it re-asserts our First Amendment right to free speech. The McCain-Feingold law has been seen by many as an “incumbent protection act” in that it restricts the quantity, content, and timing of political speech during federal elections. One provision, known as the “millionaires’ amendment,” had attempted to subdue wealthy, self-financing candidates by letting their opponents receive triple the standard campaign contribution limit of $2,300 per donor. This provision effectively had limited what one candidate could spend, thereby limiting that candidate’s speech, since it costs money to get one’s message to the voters. Also, by “leveling the playing field” in this way, the law provided an advantage to incumbents who typically are much better known than are their challengers.
This week the Court also determined by a 5 to 4 vote that this provision of the McCain-Feingold law is unconstitutional, thereby upholding the right of a candidate to spend his own money for campaign speech.
While we can be thankful that the Supreme Court has aligned itself on the side of liberties contained in our Bill of Rights, the closeness of these votes reminds us of how very fragile those liberties are.
When we hear legislators boast about how much legislation they have sponsored and passed, we need to remember that every law, whether it is promulgated by local, state, or federal governments, limits someone’s freedom. The challenge is in knowing when to make the trade-off.
There was a time in the nineteenth century when many seriously argued that our Congress was no longer necessary since our nation had all the law it needed. With the threats posed by international terrorism, by a public that increasingly thinks government should solve all problems, and by a government that seeks to manage everything from the nation’s economy to planetary temperatures, our liberties come under constant assault.
The noble battles for liberty fought at Bunker Hill, Ticonderoga, Valley Forge, Charleston, Camden, and Eutaw Springs continue today in both political parties, in our state legislatures, in Congress, and as we have seen this week, in the United States Supreme Court. The fight is never ending.