A Ruling on the 2nd Amendment

US District Judge Benson Everett Legg (Maryland District), in a Monday ruling has said that Maryland residents are not required, as a Marayland had had it, to convince authorities that they have a “good and substantial reason” to own a handgun.

Judge Legg wrote, among other things,

…the Court finds that the right to bear arms is not limited to the home. The signposts left by recent Supreme Court and Fourth Circuit case law all point to the conclusion that Woollard‘s ―claim to self-defense—asserted by him as a law-abiding citizen…—does implicate the Second Amendment, albeit subject to lawful limitations.

He went on [emphasis mine]:

A law that burdens the exercise of an enumerated constitutional right by simply making that right more difficult to exercise cannot be considered “reasonably adapted” to a government interest, no matter how substantial that interest may be.  Maryland‘s goal of “minimizing the proliferation of handguns among those who do not have a demonstrated need for them,”…is not a permissible method of preventing crime or ensuring public safety; it burdens the right too broadly.  Those who drafted and ratified the Second Amendment surely knew that the right they were enshrining carried a risk of misuse, and states have considerable latitude to channel the exercise of the right in ways that will minimize that risk.  States may not, however, seek to reduce the danger by means of widespread curtailment of the right itself.  “[E]ven the most legitimate goal may not be advanced in a constitutionally impermissible manner.”

At bottom, this case rests on a simple proposition: If the Government wishes to burden a right guaranteed by the Constitution, it may do so provided that it can show a satisfactory justification and a sufficiently adapted method.  The showing, however, is always the Government‘s to make.  A citizen may not be required to offer a “good and substantial reason” why he should be permitted to exercise his rights.  The right‘s existence is all the reason he needs.

Maryland’s Assistant Attorney General, Matthew Fader, says he’ll appeal, saying “we” disagree, and taking note of the “very important implications of the ruling for public safety.”  He’s wrong, though, on two counts: in the first place, the public safety is maximized by hewing to the Constitution, not by deviating from it.  In the second place, he apparently wasn’t paying attention to the Legg’s ruling:

States may not, however, seek to reduce the danger [of misuse] by means of widespread curtailment of the right itself.

Judge Legg has the right of it.

Our Feckless Foreign Policy

The Progressive line on American foreign policy was first brought to light by Presidential candidate John Kerry in 2004 when he insisted, with a straight face, that America’s military policy must pass a “global test” before it can be implemented.  That’s a policy that’s alive and well in the present administration, as this exchange during last week’s Senate Armed Services Committee hearing between Senator Jeff Sessions (R, AL) and Secretary of Defense, Leon Panetta, demonstrates (the exchange begins at about the 2:00 minute mark) [emphasis mine].

SESSIONS: Do you think you can act without Congress and initiate a no-fly zone in Syria without congressional approval?

PANETTA: …our goal would be to seek international permission, and we would come to the Congress and inform you and determine how best to approach this; whether or not we would want to get permission from the Congress, I think those are issues we would have to discuss as we decide what to do here.

SESSIONS: Well I am almost breathless about that because what I heard you say is, “we’re going to seek international approval and we will come and tell the Congress what we might do, and we might seek congressional approval” … Would you like to clarify that?

PANETTA: I have also served with Republican Presidents and Democratic Presidents who have always reserved the right to defend this country if necessary.

SESSIONS: But before you would do this, you would seek permission of the international authorities?

PANETTA: If we are working with an international coalition or NATO we would want to be able to get appropriate permissions in order to be able to do that.  All of these countries would want to have some kind of legal basis on which to act.

SESSIONS: What “legal basis” are you looking for?  What entity?

PANETTA: If NATO made the decision to go in, that would be one.  If we developed an international coalition beyond NATO then obviously some kind of UN security resolution would be the basis for that.

SESSIONS: So you are saying NATO would give you a “legal basis?”  And an ad hoc coalition of nations would provide a “legal basis?”

PANETTA: We would seek whatever legal basis we would need in order to make that justified. We can’t just pull them all together without getting the legal basis on which to act.

SESSIONS: I’m all for having international support, but I’m really baffled by the idea that somehow an international assembly provides a legal basis for the United States military to be deployed in combat.  I don’t think it’s close to being correct.  They provide no legal authority.  The only legal authority that’s required to deploy the U.S. military is the Congress and the president and the law in the Constitution.

PANETTA:  Let me, just for the record, be clear again.  When it comes to the national defense of this country, the President of the United States has the authority under the Constitution to act to defend this country, and we will.  If it comes to an operation where we’re trying to build a coalition of nations to work together to go in and operate as we did in Libya, or Bosnia, or for that matter, Afghanistan, we want to do it with permissions either by NATO or by the international community.

So, what do we have, then?  Panetta has gone even farther than Kerry, now insisting that “international permission,” rather than the Constitution (which includes authorization by Congress), is the “legal basis” for American use of our military capability in an international effort.  The administration seems to accept foreign control, foreign permissions, over whether we will use our military to conduct national defense activities in conjunction with foreign groups of countries; we have no authority of our own to employ our forces in that environment.  The President, intimates Panetta, executes his national defense obligations absent Congress’ involvement, although there is a willingness to discuss “whether or not we would want to get [Congressional] permission.”  Notice, also, that, even after Panetta’s “clarification,” neither the Constitution nor the Congress enter into it.  Ever.

It seems as though, given the entirety of Panetta’s responses, that he didn’t even understand the questions.

As Sessions said, international support is good.  But a sovereign nation needs no one else’s permission to use its military forces, either unilaterally or in concert with other nations.  Period.  That’s not the same as having an agreement with those others to engage in a joint action of some sort.  Those agreements, though, only outline the various responsibilities of the members of the coalition (ideally founded on the individual capabilities of those members); they do not constitute permission for employment.

At least General Martin Dempsey (those first two minutes of the video) understands for whom he works.

h/t Power Line