That well known screaming progressive Justice Antonin Scalia in his majority opinion for Heller vs. Washington D.C. stated that even the second amendment could be regulated and in fact all constitutional rights can be regulated by society, limiting the liberty of individuals to act in a way that threatens society. Infringement means encroachment, an intrusion, a breaking of the terms of a law. It does not refer to a reasoned regulation based on serving the greater good. This aspect of the constitution is rarely/never referenced or talked about.
Constitutional rights and inalienable liberty are two different things. Everyone has certain rights but when ones expression of those rights interferes with the liberty of an individual to do as he legally pleases that expression is subject to the laws of society, laws that limit people from infringing upon the liberty of another person. For example, everyone has the right to drive a car. Society limits that right to those over 16 because society has determined that those younger than 16 present a danger to society. Technically everyone also has the right to drive on the wrong side of the road but society says that we are not at liberty to run headlong into another’s vehicle, as that endangers the other individual’s right to life.
We, as a society, agree that reasonable limits to the second amendment are needed to help protect society from gun violence. That is a verified fact. People do kill people. People with guns. People with the means to accomplish their plans, however heinous. The argument that criminals will always be able to get guns is specious. People will always be able to break any of society’s laws. Is that a valid reason to stop striving to refine our laws, make them more effective and fair? This is why we have laws, law enforcement, a judicial system, and consequences for behavior that violates the laws that are enacted to protect the many. We strive for justice. We don’t give up because injustice is not always served. If even one domestic massacre is prevented by stricter scrutiny of those buying guns that effort is worth it.
Laws, by their nature, are reactive. They address illegal behavior and its aftermath. Gun safety laws are no exception. People talk about addressing the ‘root causes’ of gun violence but their vision is mostly myopic. They talk about mental illness and youthful transgressions. Some even mention limiting those who have publicly stated their intent to commit violence, which is good. However, the root causes of violence go much deeper. They go into what society accepts as conflict resolution. They go into the accepted societal mores of masculine roles. They go into abject poverty and lack of parental guidance. They go into poor and/or neglected education. These things are deeply ingrained in today’s American society and to break these cycles armed only with weak social and political will will be incredibly difficult.
I’m not sure we have it in us to do so, especially when our very democracy is confronted by so many intense existential challenges. Where would these potential solutions to rampant violence fall in the current national triage? One immediate thing that can be done is a redoubling of the efforts of public education to teach our children the lessons of empathy, humility and civic responsibility. Racial and religious biases and prejudgement of the ‘other’ are all learned behaviors. They can be unlearned by way of a quality education full of truth and respect. This type of education, an education embraced by a populace that cared about each other, one that gave us the ‘greatest’ generation and has served America for a very long time is being slowly chipped away by forces who would prefer that children only learn what they want them to learn, truth and critical thinking be damned.
Most recently, these authoritarians loudly complain that public education has a liberal bias. But that squawking only serves to mask the fact that what they want to teacher youth is not merely biased but often patently untrue. They are the ones with the agenda. That agenda is to sow mistrust in America’s democratic institutions, confusion about the truth, and to stir up outrage over nonexistent problems they themselves created, such as their virulent attack on something very few people know anything about, Critical Race Theory. Backed by obscenely wealthy oligarchs they are winning.
Be afraid. Be very afraid.