Now that the Supreme Court of the United States has decided that the
Second Amendment to the Constitution means that individual Americans
have a right to bear arms, what can we expect?
Those who have no confidence in ordinary Americans may expect a
bloodbath, as the benighted masses start shooting each other, now that
they can no longer be denied guns by their betters. People who think we
shouldn't be allowed to make our own medical decisions, or decisions
about which schools our children attend, certainly are not likely to be
happy with the idea that we can make our own decisions about how to
defend ourselves.
When you stop and think about it, there is no obvious reason why
issues like gun control should be ideological issues in the first place.
It is ultimately an empirical question whether allowing ordinary
citizens to have firearms will increase or decrease the amount of
violence.
Many people who are opposed to gun laws which place severe
restrictions on ordinary citizens owning firearms have based themselves
on the Second Amendment to the Constitution. But, while the Supreme
Court must make the Second Amendment the basis of its rulings on gun
control laws, there is no reason why the Second Amendment should be the
last word for the voting public.
If the end of gun control leads to a bloodbath of runaway shootings,
then the Second Amendment can be repealed, just as other Constitutional
Amendments have been repealed. Laws exist for people, not people for
laws.
There is no point arguing, as many people do, that it is difficult to
amend the Constitution. The fact that it doesn't happen very often
doesn't mean that it is difficult. The people may not want it to happen,
even if the intelligentsia are itching to change it.
When the people wanted it to happen, the Constitution was amended 4
times in 8 years, from 1913 through 1920.
What all this means is that judges and the voting public have
different roles. There is no reason why judges should "consider the
basic values that underlie a constitutional provision and their
contemporary significance," as Justice Stephen Breyer said in his
dissent against the Supreme Court's gun control decision.
But, as the great Supreme Court Justice Oliver Wendell Holmes said,
his job was "to see that the game is played according to the rules
whether I like them or not."
If the public doesn't like the rules, or the consequences to which
the rules lead, then the public can change the rules via the ballot box.
But that is very different from judges changing the rules by verbal
sleight of hand, or by talking about "weighing of the constitutional
right to bear arms" against other considerations, as Justice Breyer puts
it. That's not his job. Not if "we the people" are to govern ourselves,
as the Constitution says.
As for the merits or demerits of gun control laws themselves, a vast
amount of evidence, both from the United States and from other
countries, shows that keeping guns out of the hands of law-abiding
citizens does not keep guns out of the hands of criminals. It is not
uncommon for a tightening of gun control laws to be followed by an
increase-- not a decrease-- in gun crimes, including murder.
Conversely, there have been places and times where an increase in gun
ownership has been followed by a reduction in crimes in general and
murder in particular.
Unfortunately, the media intelligentsia tend to favor gun control
laws, so a lot of hard facts about the futility, or the
counterproductive consequences of such laws, never reach the public
through the media.
We hear a lot about countries with stronger gun control laws than the
United States that have lower murder rates. But we very seldom hear
about countries with stronger gun control laws than the United States
that have higher murder rates, such as Russia and Brazil.
The media, like Justice Breyer, might do well to reflect on what is
their job and what is the voting public's job. The media's job should be
to give us the information to make up our own minds, not slant and
filter the news to fit the media's vision.