{"id":83820,"date":"2022-07-26T10:33:13","date_gmt":"2022-07-26T15:33:13","guid":{"rendered":"https:\/\/milesfortis.com\/?p=83820"},"modified":"2022-07-26T10:33:13","modified_gmt":"2022-07-26T15:33:13","slug":"83820","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=83820","title":{"rendered":""},"content":{"rendered":"<p><strong><em>No<\/em><\/strong> rights are subject to the whims of a tyrannically minded majority. That&#8217;s why they&#8217;re called &#8216;<strong><em>rights<\/em><\/strong>&#8216; and not something else.<\/p>\n<p><a href=\"https:\/\/www.libertyparkpress.com\/are-constitutional-rights-subject-to-poll-results\/\" target=\"_blank\" rel=\"noopener\">Are Constitutional Rights Subject to Poll Results?<\/a><\/p>\n<p>A recent online survey conducted last month by the Oregon Values and Beliefs Center in Portland revealed \u201cnearly 60% favored stricter federal gun regulations, and 56% said the same about the state\u2019s regulations.\u201d<\/p>\n<p>That was from a response of more than 1,400 Beaver State adults, according to the\u00a0<a href=\"https:\/\/oregoncapitalchronicle.com\/briefs\/most-oregonians-favor-stricter-gun-control-laws-at-state-and-federal-level-survey-finds\/\">Oregon Capital Chronicle<\/a>. The story appeared as Portland-based anti-gunners were delivering petitions to the Secretary of<br \/>\nState in Salem to put a\u00a0<a href=\"https:\/\/www.ammoland.com\/2022\/07\/or-anti-gunners-deliver-petitions-off-says-measure-makes-compliance-impossible\/#axzz7ZoA25zmM\">restrictive gun control measure<\/a>\u00a0on the November ballot that will ban original capacity magazines and require Oregonians to get a permit before they can legally purchase a firearm.<\/p>\n<p>In neighboring Washington four years ago, a well-financed campaign by the billionaire-backed Alliance for Gun Responsibility pushed Initiative 1639 into law. That measure invented a definition of a so-called \u201csemiautomatic assault rifle,\u201d a gun which, according to Spokane County Sheriff Ozzie Knezovich, doesn\u2019t exist. The sweeping definition applies to every self-loading rifle ever manufactured anywhere, regardless of caliber.<\/p>\n<p>These developments raise the question whether constitutional rights can be subject to popularity contests, which initiative elections actually are. That is, at least until they are challenged successfully in federal court.<\/p>\n<p><!--more--><\/p>\n<p>The Capital Chronicle said \u201c60% favored stricter federal gun regulations, and 56% said the same about the state\u2019s regulations\u201d in the June survey.<\/p>\n<p>But what are these \u201cstricter regulations\u201d favored by a majority of survey respondents?<\/p>\n<ul>\n<li>So-called \u201cexpanded background checks?\u201d What are those?<\/li>\n<li>Ban gun purchasing by anyone with a domestic abuse charge?<\/li>\n<li>So-called \u201cred flag\u201d laws, which critics fear lack due process, and could be abused?<\/li>\n<\/ul>\n<p>The outcome of such a survey depends upon political beliefs, it appears. According to the Capital Chronicle story, \u201cthe largest divide on gun regulations in the state was among those with differing political affiliations.<\/p>\n<p>\u201cAmong Democrats,\u201d the survey revealed, \u201c90% want tighter federal gun laws and 85% want stricter state laws. About one-quarter of Republicans called for tighter gun laws nationwide and in the state.\u201d<\/p>\n<p>This breakdown reinforces the notion that Democrats are the \u201cparty of gun control.\u201d<\/p>\n<p>The question also comes down to location: Rural residents don\u2019t like gun control while urban dwellers do.<\/p>\n<p>\u201cAccording to the survey,\u201d the story noted, \u201cwomen, college graduates and those with higher incomes and who live in cities are most supportive of stricter gun control laws in Oregon and across the country.\u201d<\/p>\n<p>The report also referred to a\u00a0<a href=\"https:\/\/www.pewresearch.org\/fact-tank\/2021\/09\/13\/key-facts-about-americans-and-guns\/\">Pew Research survey<\/a>\u00a0conducted last year that found \u201cthree out of five Americans want stricter federal gun laws.\u201d<\/p>\n<p>But can that opinion override the Constitution? The Supreme Court recently nullified New York State\u2019s arbitrary concealed carry permit requirement that applicants must show \u201cgood cause.\u201d The majority opinion, written by Justice Clarence Thomas, essentially said citizens do not need to provide a \u201cgood cause\u201d in order to justify the exercise of a constitutionally-protected fundamental right.<\/p>\n<p>The ruling also struck the use of a \u201ctwo step\u201d approach used by lower courts in Second Amendment cases. Lower courts rallied to this \u201ctwo step\u201d scheme \u201cthat combines history with means-end scrutiny.\u201d<\/p>\n<p>The high court declared, \u201cBut Heller and McDonald do not support applying means-end scrutiny in the Second Amendment context.\u201d<\/p>\n<p>Several pages later, the Thomas opinion added, \u201cThe test that we set forth in Heller and apply today requires courts to assess whether modern firearms regulations are consistent with the Second Amendment\u2019s text and historical understanding.\u201d<\/p>\n<p>Magazine bans enacted in California and Washington are now being challenged in federal court. If such bans are ruled unconstitutional, anything voters do in Oregon will be essentially mooted.<\/p>\n<p>If that is the case, it will affirm that constitutionally-protected rights are not subject to popularity contests or the outcome of an initiative election.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>No rights are subject to the whims of a tyrannically minded majority. That&#8217;s why they&#8217;re called &#8216;rights&#8216; and not something else. Are Constitutional Rights Subject to Poll Results? A recent online survey conducted last month by the Oregon Values and Beliefs Center in Portland revealed \u201cnearly 60% favored stricter federal gun regulations, and 56% said &hellip; <a href=\"https:\/\/milesfortis.com\/?p=83820\" class=\"more-link\">Continue reading<span class=\"screen-reader-text\"> &#8220;&#8221;<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[24,8],"tags":[],"class_list":["post-83820","post","type-post","status-publish","format-standard","hentry","category-rights","category-rkba"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/83820","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=83820"}],"version-history":[{"count":1,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/83820\/revisions"}],"predecessor-version":[{"id":83821,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/83820\/revisions\/83821"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=83820"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=83820"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=83820"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}