TERRE HAUTE —
Memo to: Senator Dianne Feinstein (D-Calif.), principal author of legislation to ban assault weapons
From: James Madison (deceased), principal author of the Constitution and Bill of Rights
Re: A constitutional problem with your legislation
Dear Sen. Feinstein:
It’s rare that I borrow Mr. Kauffmann’s space to weigh in from the grave on a political issue (have only done it twice before), but I have a problem with your legislation banning assault weapons, and my problem isn’t related to my Second Amendment.
I agree that there are reasonable restrictions on most of the amendments in the Bill of Rights, including the First Amendment (free speech notwithstanding, one can’t falsely yell “Fire!” in a crowded theatre), and the Second Amendment (felons can’t own guns; laws banning guns in schools and schoolyards easily pass the “reasonable restrictions” test).
Whether banning assault weapons qualifies as a “reasonable restriction” to gun ownership is certainly worthy of debate, but having died before even the six-shooter was invented, I leave that debate to you and your fellow citizens.
Rather, my problem with your legislation is my Fifth Amendment, specifically that amendment’s “takings clause,” which says that no American can be “deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
Granted, your legislation “grandfathers” citizens who currently own assault weapons; that is, while acquiring such weapons in the future would be illegal, those who already own them can keep them. But your legislation forbids those gun owners from reselling those weapons, which are their property, or even handing them down to their heirs, which is a transfer of property. As a result, these gun owners are being denied the right to recover the value of the investment they made in purchasing that weapon — that property — thereby depriving them of that property without due process. It is also, in effect, a “taking” of their private property for a “public use” (purpose), reducing gun violence, without just compensation. Both violate the Fifth Amendment.
What puzzles me is that you of all people should know this since your last automatic weapons ban, in 1994, allowed the resale or transfer of grandfathered weapons, which I assume you allowed because it avoided this Fifth Amendment problem.
To be clear, I speak strictly from a constitutional viewpoint, but I worry that you are setting a dangerous precedent. If you can ban the resale of guns for the “public purpose” of reducing gun violence, can’t you also ban the resale of, say, heavily polluting products — gas-guzzling cars, for example — to improve our environment?
Both worthy goals, certainly, but where does it end, especially since no end that is unconstitutional is justifiable.
Bruce G. Kauffmann’s email address is bruce@historylessons.net.
Schools
Bruce’s History Lessons: Madison’s take on assault weapons
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Riverton Parke presents concert, music awards
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Turkey Run senior awards and honors
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South earns national yearbook design honor
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Vincennes University Dean’s List
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4 more honored as Four Star Schools
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Bruce’s history lessons: Truman’s decision to recognize Israel
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Chances and Services for Youth to participate in food program
The Chances and Services for Youth recently announced plans to participate in the Summer Food Service Program.
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South Latin students compete at convention
Terre Haute South Vigo High School Latin students competed with other Indiana schools at the recent state convention at ISU.
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Southwest Parke School Corp. receives eLearning grant
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Otter Creek competes in regional Academic Super Bowl
The Otter Creek Academic Super Bowl teams competed in the regional Academic Super Bowl competition on April 27 at Sarah Scott Middle School.
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Riverton Parke FFA teams compete at April 16 contest
Two Riverton Parke FFA Parliamentary Procedure Teams competed at the section competition for the Parliamentary Procedure Demonstration Contest on April 16 at the Indiana FFA Center in Trafalgar.
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Parks offering summer day camp
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State recognizes counties for improving college success
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College Challenge program earns accreditation
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ISP offers youth an up close look at law enforcement
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Goals, Pride & Achievements: May 16, 2013
Alyssa A. Barnes of Clinton graduated from Purdue University on Sunday.
She has a bachelor’s degree in hospitality and tourism management, with a minor in psychology. -
Woodrow Wilson students collect funds for animals
The leadership team from Woodrow Wilson Middle School sponsored a week of giving to collect funds and supplies for the Terre Haute Humane shelter.
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Riverton Parke academic bowl team finishes strong
The Riverton Parke English academic bowl team finished as runner-up at the state finals competition on May 4 at Purdue University, and the social studies team swept through all of its last eight questions without a miss to finish third in the contest.
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Turkey Run High School names top 2013 students
Kaleigh Basan has been named valedictorian and Jeff Woods and Kendall Davies are co-salutatorians for the Turkey Run High School Class of 2013.
Graduation ceremonies will be in the high school gymnasium at 11 a.m. May 25 with 36 students receiving their diplomas. -
Bruce’s history lessons: Spring Cleaning 2013
Time for my annual “Spring Cleaning” column, in which I address reader issues and answer “Frequently Asked Questions.”
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Moats gets ISU Rankin Award
Indiana State University has honored Katelynn Moats of Terre Haute with the Rankin Memorial Distinguished Senior Award in recognition of her contributions to the betterment of the university.
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Turkey Run to honor seniors
Turkey Run High School will hold its senior awards and recognition program at 7 p.m. Monday in the ELC room. A reception will be held from 6 to 7 p.m.
The program for freshmen to juniors will be held at 1:32 p.m. May 16 in the high school gymnasium. -
Honey Creek math club earns gold status
Honey Creek Middle School has received Gold Level Status as a participant of the 2013 MATHCOUNTS Club.
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Riverton Parke students bring home art awards
Students from 15 schools in west central Indiana competed in the 34th annual d’Arlier Trust Spring Art Show on April 19-25 in Veedersburg. Four Riverton Parke High School students won a total of nine awards in six of the show’s 20 categories.
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Parke Adult Tutoring Service awards mini-grant
The Parke Adult Tutoring Service has awarded a mini-grant of $270 to Riverton Parke English teacher Mike Lunsford to purchase reading materials for his students.
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