This column presents facts regarding the United States Constitution, the Declaration of Independence, the Wisconsin State Constitution, and various other documents in reference to modern topics. Mark hopes to encourage interest in those works so that others can consider whether our government is practicing within its constitutional limits. In the last category, he may indicate his opinion. Mark is a resident of New Berlin. Readers are encouraged to visit the following sites for more information on the United States Constitution and Thomas Jefferson's views on politics and government.
According to FoxNews.com, March 14, 2013
Sen. Ted Cruz and Sen. Dianne Feinstein tangled Thursday over the Second Amendment, with the pro-gun control Feinstein accusing the freshman Republican senator of trying to "lecture" her as the committee on which they sit advanced a renewed assault-weapons ban.
Cruz, R-Texas, among the Republicans who oppose the bill, got into the heated exchange with Feinstein, D-Calif., when he posed a hypothetical question on the bounds of the Constitution.
"The Second Amendment and the Bill of Rights provides that the right of the people to keep and bear arms shall not be infringed," Cruz started out -- and then asked whether the First Amendment should "only apply" to certain books or the Fourth Amendment should only protect certain people from unreasonable searches.
Feinstein became visibly agitated by the questioning.
"Let me just make a couple of points in response -- one, I'm not a sixth grader," she said. "Senator, I've been on this committee for 20 years. I was a mayor for nine years. ... I saw people shot."
In response to Cruz, Feinstein pointed out her experience in the Senate.
"I've studied the Constitution myself. I am reasonably well-educated, and I thank you for the lecture," she said, before stressing that her latest proposal "exempts 2,271 weapons."
Cruz, who has developed a reputation for feisty debate in committee hearings, responded that "nobody doubts (Feinstein's) sincerity or her passion."
However, he noted, she "chose not to answer the question that I asked."
Cruz again asked if the Constitution would allow certain books to be banned.
"The answer is obvious -- no," Feinstein said, though senators subsequently agreed that some pornographic content could be regulated.
Senator Diane Feinsten Vs. The Constitution
US Constitution; 1st Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
US Constitution; 2nd Amendment
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
We the People:
A distinction was made for regulating pornographic material. Note that the words of the first amendment restrain only Congress, so the states may indeed limit such speech if their state constitution allows it. However the second amendment does not delineate this restraint; it limits all levels of government. The only legitimate approach is to either amend the Constitution or stop this bill.
The words of the second amendment are indeed clear enough for a sixth grader to understand. A sixth grader can see that the definition of “infringe” from the Merriam-Webster on-line dictionary is “to encroach upon in a way that violates law or the rights of another”. A six grader can also see that the second amendment does not provide an exception to infringe upon this right for experienced or elite Senators who have seen tragic shooting scenes. So why does Senator Feinstein not respect it at face value? Did she not state an oath to uphold the Constitution?