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February 10, 2012
Lisa M. Krieger: Man with defibrillator demands access to his own heart's information
David G. Savage: Why activists may not be in a hurry to have High Court rule on alternative marriage
February 9, 2012
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Kimberly Palmer: How to actually enjoy -- relaxing, financially -- your vacation
February 8, 2012
Warren Richey: Why momentous Prop. 8 ruling might not satisfy gay-rights groups
Menachem Wecker: Though Controversial, LL.M.'s Can Lead to Specialized Legal Jobs
The Kosher Gourmet byDana Velden: Going to the bother of making soup? You know it better be good. This CREAM OF TOMATO SOUP certainly is! And it's a cinch to make, too (Includes techinques and serving secrets)
February 7, 2012
Frank J. Gaffney, Jr.: Caught off-guard? President's Super Bowl interview with Matt Lauer gives those who need a reason not to vote for him, a darn good one
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February 6, 2012
Jonathan Tobin: Iran Threatens Israel With Destruction, But the New York Times Doesn't Hear It
Jeffrey Fleishman: In newly democratic Egypt, tens of democracy activists jailed, to stand trial; their groups are 'threatening the stability of the homeland'
Julie Deardorff : Researchers say antioxidants may not be that effective and could do more harm than good
Mark Clayton: How did Anonymous hackers eavesdrop on FBI and Scotland Yard?
February 3, 2012
Edmund Sanders : Israeli official says Iran is creating missile that could reach East Coast of US
Victoria Kim: Immigrant-smuggling ring used black drivers to avoid racial profiling
February 2, 2012
Jim Carney: Wrong number call may have saved her life
Reza Kahlili : Ex-CIA spy in Iran's Revolutionary Guard: What Obama doesn't grasp about striking deals with Tehran
Tina Susman: For woodchuck rescuer, every day is Groundhog Day
February 1, 2012
Brian Bennett: US officials see increasing threat of domestic attack from Iran
Emily Brandon: How to Take Advantage of New 401(k) Fee Disclosures
January 31, 2012
January 30, 2012
Paul Richter and Ramin Mostaghim: Misreading Teheran's limits -- deadly and economically devastating as they may be -- is a risk administration, Europe seem willing to take
Suzanne Bohan: Warning: Nap-deprived tots missing more than sleep, study finds
Meg Handley: Banks Revamping Rewards Programs to Woo Customers
January 27, 2012
Caroline B. Glick: Obama: Of course I intend to prevent a nuclear holocaust . . . in a few months
Yochonon Donn: In liberal New York City, fervently-Orthodox Jews may soon be getting a district to call their own
Jeannine Stein: An inflated ego and thinking you're 'all that' doesn't just make others sick of you, it can make you ill
Katy Hopkins: New budget rules may affect how much money you get for college
January 26, 2012
Ed Koch: To the New York Times, calling for the murder of Jews by those capable of having their incitement taken seriously isn't news
Jeannine Stein: Mental illness struck one in five U.S. adults in 2010: Report
January 25, 2012
Richard Simon: House passes two bills endorsing the use of religious symbols at military memorials
Fred Weir: Putin: Multiethnic Russia cannot survive as a US-style 'melting pot'; must find its own way
Susan Johnston: 5 Sneaky Coupon Strategies Consumers Should Watch Out For
January 24, 2012
Carol Clark: The price of your soul: How your brain decides whether to 'sell out'
Caroline B. Glick: America lost most in 'Arab Spring'. Sadly, many voters still don't grasp the extent
Warren Richey: Drug criminal scores win in GPS ruling from conservative-leaning high court
Erika Bolstad: Black conservatives gather to talk about gaining strength
January 23, 2012
Melissa Dribben: Jewish voters to play a key role in Florida's Republican primary
Jordan Rau: In quest to grow, Catholic hospital system will announce this morning its break from church
Ali Safi: U.S. envoy gives Taliban terms for peace talks
January 19, 2012
January 18, 2012
January 17, 2012
Frank J. Gaffney Jr.: No-kidding red lines: U.S. response to an Iranian nuke may be bluster, but Israel's won't be
David G. Savage: They sued their principals after slandering them online --- now the cases are headed to the Supreme Court
David Francis: Where to Invest in 2012: With stocks expected to rebound, opportunity abounds for investors
January 13, 2012
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Alexia Elejalde-Ruiz: Thriving through touch: Gentle massage helps older people with low mobility improve in mind and body
January 12, 2012
Warren Richey: Landmark Supreme Court ruling a 'resounding win' for religious groups
Warren Richey: Supreme Court says no to new rule on eyewitness testimony
John Fauber : Statins found to raise diabetes risk in postmenopausal women
Katy Hopkins : Consider This Before You Pay for an Online Degree
The Kosher Gourmet by Joseph Erdos: This mushroom and barley soup has an intense -- almost nutty -- flavor that mixes robust with Middle East. It has creaminess without cream
January 11, 2012
Shari Roan: Millions of atrial fibrillation sufferers at risk for devastating, but preventable, stroke
Tom Hussain: Pakistan -- recipient of more than $21 billion in civilian and military aid -- speeds pursuit of Iranian pipeline, defying US
David G. Savage: High court signals it won't be loosening TV's 'indecency' rules
Stephen Ceasar: Oklahoma's Islamic law amendment can't go into effect, court rules
January 10, 2012
Reza Kahlili: From an ex-CIA spy: US must exploit new split in Iran's Revolutionary Guard
Karen Kaplan: Study: Nicotine replacement products ineffective when used in real-life situations
January 9, 2012
Michael Doyle: Put through legal hell over dream home, couple fought back hard --- all the way to Supreme Court
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Jewish World Review
July 10, 2008
/ 7 Tamuz 5768
The Right to Self-Defense Affirmed
By
John Stossel
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http://www.JewishWorldReview.com |
"Repeal the Second Amendment," The Chicago Tribune editorialized.
"The Supreme Court on Thursday all but ensured that even more Americans will die," said The New York Times.
"[T]he Second Amendment protects the right to bear arms only in relation to service in a state militia." added The Washington Post.
T
hose are a few of many editorial expressions of disgust from the mainstream media over the Supreme Court's ruling that when the Bill of Rights says that "the right of the people to keep and bear arms shall not be infringed," it includes the right to possess guns for self-defense, and not merely a right to be armed as a member of the National Guard.
What has caused so much confusion about the Amendment is its preface: "A well regulated militia, being necessary to the security of a free state ..."
In striking down Washington, D.C.'s three-decade-old handgun ban, Justice Antonin Scalia wrote that the preface merely "announces the purpose for which the right was codified: to prevent elimination of the militia" by the new national government. "The prefatory clause," he continued, "does not suggest that preserving the militia was the only reason Americans valued the ancient right; most undoubtedly thought it even more important for self-defense and hunting."
But for the four dissenters, the preface limits the right to keep and bear arms to military purposes. In their view, if the Framers of the Second Amendment wanted private individuals to have guns for hunting and self-defense, they would have said so.
Justice John Paul Stevens points to "the Second Amendment's omission of any statement of purpose related to the right to use firearms for hunting or personal self-defense."
I suppose one could argue that the omission indicates the Framers of the Constitution didn't mean to protect that right. But I find that hard to believe. The right of self-defense against homegrown tyrants as well as common criminals was much on the minds of Americans in the late 18th century. Thomas Jefferson said, "[W]hat country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms."
But there is something else that many analysts of the decision have missed.
The Bill of Rights did not create rights. It acknowledged them. Right before the July 4 holiday, it shouldn't have been necessary to remind the four Supreme Court dissenters of what Jefferson wrote in the Declaration of Independence:
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. ... "
The Framers of the Second Amendment did not say, "The people shall have the right to keep and bear arms." They wrote, "the right of the people to keep and bear arms shall not be infringed."
This isn't just theory. The Cato's Institute's Tom Palmer, an early plaintiff in the D.C. gun case, told "20/20" he is alive today because he was carrying a handgun when he was approached on the street by some toughs. "They told us, 'We're going to kill you.' I showed them the business end of a pistol. They turned around, went away."
The four dissenting justices fear the Supreme Court's decision will unleash a flood of gun violence. Unlikely. "Criminals do not have a problem getting guns," Palmer reminded me. It's law-abiding people who suffer when guns are banned.
The victims of gun crimes are easy to count. What cannot be counted are the lives saved because would-be victims were armed. Palmer's confrontation is one of many that didn't make the news.
He asks, "If someone gets into your house, which would you rather have, a handgun or a telephone? You can call the police if you want, and they'll get there and they'll make a crime report and take a picture of your dead body.
"They can't get there in time to save your life."
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Myths, Lies and Downright Stupidity: Get Out the Shovel --- Why Everything You Know Is Wrong
Stossel mines his 20/20 segments for often engaging challenges to conventional wisdom, presenting a series of "myths" and then deploying an investigative journalism shovel to unearth "truth." This results in snappy debunkings of alarmism, witch-hunts, satanic ritual abuse prosecutions and marketing hokum like the irradiated-foods panic, homeopathic medicine and the notion that bottled water beats tap. Stossel's libertarian convictions make him particularly fond of exposes of government waste and regulatory fiascoes. Sales help fund JWR.
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© 2008, by JFS Productions, Inc.
Distributed by Creators Syndicate, Inc.
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