From: gt1111a@prism.gatech.EDU (Vincent Fox)
Newsgroups: talk.politics.guns
Subject: Criticisms? My response to Atlanta Journal and Constitution
Date: 23 Aug 92 00:03:23 GMT
Distribution: usa
Organization: Georgia Institute of Technology

Here's a copy of a letter to the editors in the Sunday, August 23,1992
Atlanta Journal and Constitution. Naturally this yoyo's letter
got the top space and extra large headlines. I only wish the NRA were
as effective as he claims. My response follows it.

(letter by Alan Fecteua to AJC)
	The extent of the National Rifle Association's influence is hardly
news. The NRA foster single-issue voters who, in turn, scare the bejeezus
out of politicians. What disturbs me about the NRA is its patent disregard
for the U.S Constitution. The group has fueled the myth that each American
has a Second Amendment right to "keep and bear arms."

	This is nonsense. The Second Amendment prevents the federal government
from creating laws that would remove a state's "well-regulated militia" - in
today's terms, a states National Guard. Were it not for the Second Amendment,
congressional representatives from a group of states could have ganged up
on any given state, removing it's militia. Therefore, the Second Amendment
speaks to the rights of the states versus the federal government. Individual
rights are not covered.

	Unfortunately, our Supreme Court has contributed to the NRA's ongoing
myth by not clearly defining the Second Amendment.
	
				Alan Fecteau, Athens GA

(and the response I'm going to fax in)

            THE BILL OF RIGHTS --- Void where prohibited by law

I most strenuously object to Alan Fecteau (Athens) bizarre claim in the Sunday,
August 23,1992 edition that the NRA's positions on civilian firearms ownership
shows "..patent disregard for the US Constitution."  Nor are members
"single issue voters who ... scare the bejeezus out of politicians."

I include the text of the first 10 amendments, which I hope the AJC will print.
Too few people read it. I find it extremely difficult to find any way that
"the right of the people" suddenly changes when read in the 2nd amendment. If
one argues that the 2nd only protects some hypothetical state-sponsored and
controlled militia, then does the 4th also only apply to the right of the state
government to not be searched by federal agents? I highly suggest reading the
Federalist Papers, which highlight the thinking of the authors and others on
the then-new Constitution. If you replace "the people" with "the state(s)"
in these Amendments, it reads rather strangely doesn't it?

Furthermore, the modern National Guard is not any kind of militia.
All Americans, especially residents of Massachusetts, were reminded of this
in the 1989 US Supreme Court decision Perpich v. Department of Defense which
prevented governors from withholding their National Guard units from the
invasion of Panama. It is majority funded by the federal government and all
members are considered reservists in a branch of the national armed services.
You could more correctly say they represent part of that "standing army" the
Founders rightly feared.

As to this stereotype of NRA members being single-issue zealots I find nothing
to be further from the truth. The average ACLU member would feel comfortable
amongst NRA members, and in fact some are members of both. I strongly believe
in ALL of the Bill of Rights, including the 4th and 5th, which idiots of both
Republican and Democrat persuasion seem intent on tossing out with calls to
expand search-and-seizure laws, and to weaken the exclusionary rule. Of course,
the National Rifle Association will have the bulk of it's activities centered
around firearms. Members frequently are active though in other organizations
regarding civil liberties, and in community service.

                        U.S. BILL OF RIGHTS

 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. 

 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. 
 
 3rd Amendment
 No soldier shall, in time of peace, be quartered in any house, 
 without the consent of the owner; nor in time of war, but in a 
 manner to be prescribed by law. 

 4th Amendment
 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. 

 5th Amendment
 No person shall be held to answer for a capital, or otherwise 
 infamous, crime, unless on a presentment or indictment of a grand 
 jury, except in cases arising in the land or naval forces, or in 
 the militia, when in actual service, in time of war, or public 
 danger; nor shall any person be subject, for the same offense, to 
 be twice put in jeopardy of life or limb; nor shall be compelled, 
 in any criminal case, to be a witness against himself; nor be 
 deprived of life, liberty, or property, without due process of 
 law; nor shall private property be taken for public use, without 
 just compensation. 

 6th Amendment
 In all criminal prosecutions, the accused shall enjoy the right 
 to a speedy and public trial, by an impartial jury of the state 
 and district wherein the crime shall have been committed, which 
 district shall have been previously ascertained by law; and to be 
 informed of the nature and cause of the accusation; to be 
 confronted with the witnesses against him; to have compulsory 
 process for obtaining witnesses in his favor; and to have the 
 assistance of counsel for his defense. 

 7th Amendment
 In suits at common law, where the value in controversy shall 
 exceed twenty dollars, the right of trial by jury shall be 
 preserved; and no fact, tried by a jury, shall be otherwise re-
 examined in any court of the United States than according to the 
 rules of the common law. 

 8th Amendment
 Excessive bail shall not be required, nor excessive fines 
 imposed, nor cruel and unusual punishment inflicted. 

 9th Amendment
 The enumeration in the Constitution of certain rights shall not 
 be construed to deny or disparage others retained by the people. 

 10th Amendment
 The powers not delegated to the United States by the Constitution,
 nor prohibited by it to the states, are reserved to the states
 respectively, or to the people.

					Vincent Fox, Atlanta GA


I realize my response is probably too long, and it's probably only
a pipe dream that the AJC would print the BoR. But I am hard put
to see where I can cut anything else out of my main body.  Any
editorial suggestions? I hate to leave the AJC folks to much room to
chop out things. Well okay, that last paragraph of mine could use
some revision. Trying to refute the single-issue voter point is
difficult. I probably should scratch that and try again.

-- 
The War on Drugs is just part of the War on the US Constitution.