kottke.org posts about Ezra Klein

The shifting meaning of the Second AmendmentDec 18 2012

Ezra Klein asked Akhil Reed Amar, a constitutional scholar, about the Second Amendment. Amar responded with two artworks that illustrate how the meaning of the Second Amendment has shifted over the years.

In a nutshell, almost everything ordinary Americans think they know about the Bill of Rights, including the phrase 'Bill of Rights,' comes from the Reconstruction period. Not once did the Founders refer to these early amendments as a bill of rights. We read everything through the prism of the 14th amendment -- including the right to bear and keep arms.

The Fourteenth Amendment has a lot of parts, among them the definition of citizenship, Civil War debt, due process, and equal protection. Amar wrote more about the interplay between the 2nd and 14th Amendments for Slate in 2008.

But the 14th Amendment did not specifically enumerate these sacred privileges and immunities. Instead, like the Ninth, the 14th invited interpreters to pay close attention to fundamental rights that Americans had affirmed through their lived experience-in state bills of rights and in other canonical texts such as the Declaration of Independence and landmark civil rights legislation. And when it came to guns, a companion statute to the 14th Amendment, enacted by Congress in 1866, declared that "laws ... concerning personal liberty [and] personal security ... including the constitutional right to bear arms, shall be secured to and enjoyed by all the citizens." Here, in sharp contrast to founding-era legal texts, the "bear arms" phrase was decisively severed from the military context. Women as well as men could claim a "personal" right to protect their "personal liberty" and "personal security" in their homes. The Reconstruction-era Congress clearly understood that Southern blacks might need guns in their homes to protect themselves from private violence in places where they could not rely on local constables to keep their neighborhoods safe. When guns were outlawed, only outlaw Klansmen would have guns, to paraphrase a modern NRA slogan. In this critical chapter in the history of American liberty, we find additional evidence of an individual right to have a gun in one's home, regardless of the original meaning of the Second Amendment.

Facts about guns and mass shootings in the USDec 14 2012

More facts about guns in America from Ezra Klein, beginning with the sad fact that "shooting sprees are not rare in the United States".

If roads were collapsing all across the United States, killing dozens of drivers, we would surely see that as a moment to talk about what we could do to keep roads from collapsing. If terrorists were detonating bombs in port after port, you can be sure Congress would be working to upgrade the nation's security measures. If a plague was ripping through communities, public-health officials would be working feverishly to contain it.

Only with gun violence do we respond to repeated tragedies by saying that mourning is acceptable but discussing how to prevent more tragedies is not. But that's unacceptable. As others have observed, talking about how to stop mass shootings in the aftermath of a string of mass shootings isn't "too soon." It's much too late.

Six facts about guns and gun controlDec 14 2012

In the aftermath of the Aurora, CO shootings, Ezra Klein wrote six facts about guns, violence, and gun control.

1. America is an unusually violent country. But we're not as violent as we used to be.

5. States with stricter gun control laws have fewer deaths from gun-related violence.

Tags related to Ezra Klein:
guns crime

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