Posted on 03/11/2020 5:46:15 AM PDT by marktwain
From Twitter, cropped by Dean Weingarten
Writing in the Atlantic, Aaron Tang, Professor of law at the University of California, creates a profoundly misleading comparison of the Second Amendment with a fabricated entitlement to an education.
Tang attempts to make the case that Second Amendment supporters and proponents of a theory the Constitution guarantees a right to an equally funded state education are rough equivalents.
There are minimal similarities in the arguments: a basic right implies a level of supporting rights. You cannot have effective Second Amendment rights without access to ammunition and a place to train. You cannot have an effective right of the press without the ability to own and operate media. You cannot have religious freedom without preventing the government from closing down churches and stopping private choices of conscience.
Tang claims the argument that the right to vote implies the entitlement to a state-funded education is equivalent to the argument by Second Amendment supporters that the enumerated right to keep and bear arms implies the right to have access to firing ranges. From the article:
(Excerpt) Read more at ammoland.com ...
He assumes rights are granted by government. He assumes preventing the government from doing something is the same as requiring the government to do something.
When those assumptions are shown to be false, his claims become ludicrous.
We need to bring back Civics Education. People really don’t understand that the Bill of Rights was an effort to LIMIT what the government could do. It’s not a laundry list of goodies that the government has to give you.
Rights are inherent to our person, nothing that requires action by someone else can be a right.
The people of this country, through their elected legislatures, long ago decided that free, universal public education was a very good policy idea. It is universally available in every state and territory. But it is not a right.
There is no "right" to the labors and property of others.
This Ping List is for all things pertaining to infringes upon or victories for the 2nd Amendment.
FReepmail me if you want to be added to or deleted from the list.
More 2nd Amendment related articles on FR's Bang List.
Which item in the bill of rights specifically states that there is a right to an education, and furthermore, where is it stated that someone else must pay for it?
First of all, tho the putative “right” isn’t listed anywhere in the Constitution, that by itself is not dispositive because in any case about rights,always requires any court to refer not just to the first eight amendments to the Constitution but to the common law circa 1788.
- Amendment 9
- The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
That is, the Second Amendment statement of the RKBA obviously has never been understood to compromise your right, or mine, not to be subjected to armed robbery (or any other crime in which a weapon is used).
The right to “the” freedom of the press, similarly, has never been understood to legalize pornography - nor, until 1964, was it ever understood in any court to compromise anyone’s right to not be libeled. No, “the” freedom of the press is precisely the freedom - within limits - which prevailed in 1788. Antonin Scalia pointed out that the (unanimous notwithstanding) holding of SCOTUS in the 1964 New York Times Co. v. Sullivan case relies on the claim that
". . . libel can claim no talismanic immunity from constitutional limitations. It must be measured by standards that satisfy the First Amendment”. . . and that an originalist interpretation of 1A reveals that to be a non sequitur.The Second Amendment doesn’t require the government to arm all citizens, and the First Amendment doesn’t require the government to provide everyone with a printing press. In 1788 government schools were essentially or actually nonexistent. Nobody doubted that parents had the right to educate their children, at their own expense.
“...Which item in the bill of rights specifically states that there is a right to an education”
Hi.
I haven’t seen Tang in years. Does it still exist?
5.56mm
the Poon version seems to be the best ...
every space ship should be equipped with Poon Tang. Orange, not so much.
for those under 60:
poontang (n.) “sex with a woman; woman regarded as a sex object; female genitalia,” c. 1910, of uncertain origin, probably via New Orleans Creole, from French putain “prostitute,” from Old French pute “whore” (cognate with Spanish and Provençal puta), probably from fem. of Vulgar Latin *puttus “girl” (source of Old Italian putta “girl”), from Latin putus (originally “pure, bright, splendid”).
The center of the universe.Part of a female’s body located between her legs that is reason why all wars are ever fought. If you aren’t getting it you want it, and if you are, it’s never enough.Often times it used as the noun in sentence because, let’s face it, often times us guys don’t care what’s all around the poontang as long as it is willing to provide us access to this magical land of wander
LOL.
5.56mm
Wow Tang.
5.56mm
What if the first amendment had as many restriction, license requirements, fees, and background checks as the second?
He assumes that one person has the right to the wages and property of another.
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