Question For Our Constitutional Scholars

[OutAtTheEdge]

In the wake of yet another tragic shooting, we once again see politicians and the media clamoring about "gun violence", and declaring that "something must be done", in the form of new laws infringing on our 2A rights. This has me wondering...

Can anyone here cite for me any cases where any sort of laws have been enacted which infringed on other Amendments in the Bill of Rights, which also successfully dealt with a national crisis or escalating criminal trends? In other words, are there any non-2A precedents which would tend to validate draconian gun-control measures? And have there been any cases where an attempt was made that ended in a recognized failure to either achieve the desired goal, or to pass muster on a Constitutional basis?

It seems to me this would be good information to have at our disposal when discussing our rights with those who may not share our opinions.

 

[duke2002]

Not 2A but the volstead act.

 

[45Smashemflat]

I'm not sure it was considered a "success", but Executive Order 9066, which created the Japanese internment camps during WWII certainly infringed on basic rights of citizens. It was eventually cancelled and various forms of reparations were paid out over the years following the war.

 

[OutAtTheEdge]

I'm not sure it was considered a "success", but Executive Order 9066, which created the Japanese internment camps during WWII certainly infringed on basic rights of citizens. It was eventually cancelled and various forms of reparations were paid out over the years following the war.

Thanks for the input. I was actually thinking of this very thing when I posed the question.

 

[bushmaster1313]

All of the rights given to criminals put the safety of society below the rights given to some very bad actors.

Remember well that Ernesto Miranda was as guilty as sin and was found guilty in his second trial.

 

[dockmurgw]

This forum doesn't have the bandwidth to list all of them and the resulting damage to save us from COVID.

 

[WR Moore]

The problem is that it really can't be proven that gun control is an effective counter to violence. The mind set that finds "control" appealing always reasons that the failure to eradicate violence is due to the limitations not going far enough. Acts of violence are actions of a person, regardless of the tool used.

And IIRC, it took decades for reparations for EO 9066 to be passed.

 

[Alk8944]

To answer Duke 2002, The Volstead act, that regulated the manufacture and sale of alcohol, did not violate the constitution. Drinking and manufacture of alcohol is nowhere shown to be a "Constitutional right". The Volstead act was merely extremely stupid!

 

[M29since14]

Try the old saw about yelling "Fire!" in a crowded indoor environment and you have a very simple answer - yes! Our Constitutional rights have been so trampled down and perverted that I sometimes wonder if anyone even knows we have a Constitution anymore, much less the will to act in accordance with it.

We are at the place and time where it seems futile to attempt to persuade the antis. They have no interest in or intention of reasoning. All we can do is hope to converse calmly and sanely with the disinterested. Unfortunately this segment of our society hears so much ridiculous nonsense from our opponents that I imagine they are tired of the hoopla and just wish the matter would go away. We all know what that means for us. If we can't prevail in the courts, we are (eventually) doomed.

 

[Venom6]

All of the rights given to criminals put the safety of society below the rights given to some very bad actors.

Remember well that Ernesto Miranda was as guilty as sin and was found guilty in his second trial.

Not too long after his release Mr. Miranda got into an argument in a bar. They went outside to settle their differences, and Mr. Miranda was stabbed to death. His killer fled to Mexico and was never apprehended. The man who gave the killer the knife was arrested but refused to talk, invoking his newly-minted Miranda Rights, and the charges were dropped.