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This blog is the work of an educated civilian, not of an expert in the fields discussed.

Monday, May 30, 2022

Memorial Day: All of the Fallen

Individual laws, like federal universal background checks and bans on assault rifles and high-capacity magazines, will most likely make a dent, but they cannot end gun violence. Invariably, more mass shootings will occur that none of those laws would have prevented.

Memorial Day is a holiday to "honor and recognition of all of our fallen service members." A quick search does not fully clarify the selection of the date, but it is notable that May was basically the end of the Civil War (various armies surrendering after Lee) and there is a connection to the opening of summer. There is also a mention that it was a sort of neutral date. 

The day, unlike Veteran's Day, is specifically about the "fallen" (quoting President Biden's message), not just veterans overall.  A full accounting can be applied to all those who died, not just soldiers. At the very least, modern war (as much as past wars, if not more so in "total war") it is appropriate to have a broad definition here.  A nurse, for instance, who died or a spy.  Of course, soldiers particularly are honored.  Which is fine in a fashion. But, I prefer an open-ended view too.

My opening quote expands things and admittedly I am sorta combining two things.  Nonetheless, "weapons of war" are involved in both. At some point as well, as sort of domestic "war," with its own fallen, has taken place. So, the op-ed, which argues the true breadth of the need to address is often not even admitted by those who support regulations. 

I resemble this remark, probably, since I have regularly spoken of "gun regulation."  The reality is recognized by various people.  They speak of Australia or New Zealand, which did not "regulate" alone, but simply banned certain guns and/or "bought back" hundreds of thousands of them.  A Vox piece also noted the problems of handguns, which D.C. v. Heller deems (with very limited factual argument) constitutional protected. 

You have to start somewhere, however, and that includes various categories of regulations with limited reach, but important rhetorical force. There is also the usual complaints that people are "politicizing" the issue, often from Republicans who regularly do so.  They just don't think it matters there since they are doing it the "right" way.  

I would also toss in the 2A itself makes this issue political. A "well-regulated" militia is going to be regulated by political means. Also, a basic concern was to avoid a national military to override local militia.  But, local militia was led by political actors (governors tended to lead the militia) and officers often were voted for by members. This was a political event.

I think appeals to the "Second Amendment" often amount to an under-examined label and slogan.  People on both sides do this.  So, those for more regulation cite the "militia" as if that will end matters.  But, the overall purpose of the militia includes a domestic police function that involves the guns in question. 

Anyways, there is a separate individual self-defense component, which is only more clearly present if you respect historical understandings of the Fourteenth Amendment. The basic idea of a free black having a firearm to protect themselves is pretty easily cited.  So, it falls to regulations, which is always the case.  Speech is regulated in a variety of ways.

But, I think the "Second Amendment" frame is somewhat useful. The exact language ("the people" is a equal protection mechanism, "well-regulated" supports regulations, there is a federalism aspect that encourages state and local discretion, etc.)  is helpful.  Like many constitutional provisions (down to use of "persons" over "property" for slaves), the nuances of the language provides insights.  They rarely are as clear-cut as the loudest supporters on all the sides tend to say, but insights all the same.  

So, on this day, let us remember.  A favorite reading is the Gettysburg Address.  I saw a Lincoln scholar on C-SPAN in a special segment promoting an event honoring the 100th anniversary of the Lincoln Monument, which took place this month too.  

It opened on May 30, 1922.

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