CHARLES KRAUTHAMMER: Well, it's an interesting exchange. In the end, [Senator Ted] Cruz overshot. His question was, his argument was you wouldn't tamper with the first amendment on free speech for example, the way you're tampering with the second in restricting it by making some weapons illegal. And the answer that Feinstein ended up with, suggested by Dick Durbin was yes, we do with the first amendment when we outlaw pornography. So that is a large category of speech that is illegal, and that therefore it isn't absolute every right in the first or the second or the fourth amendment is one that you cannot touch. So, I thought Cruz was -- also the manner which he asked it, I think it appeared a little bit offensive. I don't think Cruz helped himself -------------------------------------------------------------------------------- Durbin( and Krauthammer) was the one who missed the point. Cruz was referring to the constitutional term of art "the people", which is used in all three amendments. Amendment I 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. Amendment II 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. Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. The First Amendment grants "the people" the right to assemble and to present grievances. The courts have allowed very few if any restrictions on these rights. Durbin was referring to the more general right to freedom of speech and the press, which was drafted as a limitation on congress rather than a right of "the people. " Similarly, the Fourth Amendment grants "the people" broad rights against unreasonable search and seizure. While the courts have struggled at times to define what is reasonable, there are no broad exemptions to the right of the sort advocated by Feinstein for guns. Ironically, liberals have sought to push both the First and Fourth Amendment guarantees to often absurd levels. Durbin is effectively analogizing certain classes of guns to pornography. The courts have supported this in very limited cases, eg sawed-off shotguns. Even the "bazookas" Feinstein keeps referring to are prohibited. But the Heller decision made it abundantly clear that guns that are in customary useage for self defense fall squarely within the Second Amendment's protection. It is hard to see how the most popular class of rifle in the country, AR's, or the most popular handguns, hi cap semi autos, could be classified as anything but customary self defense weapons. The democrats in effect are trying to say that they could ban the Wall Street Journal and Sports Illustrated.
I also don't get Krauthammer's suggestion that Cruz put his comments inappropriately or rudely. He is a United States Senator, same as Feinstein, and is not required to show excessive deference to some pompous liberal trying to force nazi policies on us. How polite would the dems be if he proposed overturning the Voting Rights Act? This whole incident , as wll as the Paul filibuster, highlight an unfortunate tendancy of conservatives to form circle firing squads. The minute the media cricitize a conservative, there will be a predictable line of republicans, headed by McCain and Lindsey Graham, running for the nearest mic to throw them under the bus. The dems by contrast will tough out almost anything. Bill Clinton serial sex scandals? Their response is to attack Ken Starr and turn a decent man into a national pariah. Anthony Weiner? Nothing to see here, move on. Sen. Menendez serial scandals? Mums the word. Jon Corzine? Anyone still holding their breath that he gets prosecuted or has to cough up any money?
Actually, why don't you tell us so we'll know it's not just your interpretation of the 2nd that's in question? Or a link. Either way. In either case, I found it extremely refreshing to see a Republican not cower and suck up to the people we send them there to defend against. If more would just stand up to the arrogance... "I've been on this committee for 20 years so I know fucking everything...blah, blah, blah" ... For all you liberal gun owners, who the fuck is she to tell you what guns you can own? Good job Mr. Cruz, for standing up and setting yourself apart from the RINO pussies infecting the party.
Not sure about Krauthammer any more. I've always respected him, but he's been around the establishment too long. It's starting to show.
Exactly! Well said, AAA. I don't get it either. I guess when the tables get turned on liberals they always cry, 'foul.' Harry Reid has been more than rude several times in the last year speaking on the floor of the Senate. An example is the time he said Speaker Boehner was running the House like a dictatorship. That's just one of many liberal's who are truly rude to their colleagues on a regular basis.
Yet he can't step up to the real battle. His dictatorship was intended to crush the tea party reps. If not for them, the pubs would have been crushed in 10. He has shown his gratitude. Now it's time for him to leave, along with the rest of the RINOs. Fucking cry baby Boehner. If these RINOS had the same zest for standing up to the left as they do for standing against conservatives, this country might not be going down the toilet.
Numerous media outlets today have been explaining how there are limits on the 1st Amendment such as yelling fire in a theater and certain types of pornography making Cruz look like an ass
I know its not going to pass the house and probably not the senate,the point was even republicans are pointing out what an ass Cruz is
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