Skip to main content

Ericlewis0's diary highlights DiFi's response to Ted Cruz's condescension at today's hearing.

On the one hand, she rightly rejects his condescension.  On the other hand, she was wrong. Cruz asked:  

Would she consider it constitutional for Congress to specify that the First Amendment shall apply only to the following books and shall not apply to the books that Congress has deemed outside the protection of the Bill of Rights? (he asked similar questions about other Bill of Rights amendments.)
After DiFi's response as quoted in Eric's diary,
Cruz asked again, "would it be consistent with the Constitution for Congress to specify which books are permitted and which are not?"

Feinstein replied: "The answer is obvious: no."

This answer is incorrect in a materially troubling way.  Of course, Congress can and does specify what books and speech are permitted -- e.g., libel, child pornography, government secrets, copyright and others.  The problem with the pro-gun groups is that they think the Second Amendment is different: That unlike the first and fourth amendments, you can't limit gun ownership at all.

The Constitutional Law clearly provides that a legislature can limit a Constitutional right if the limit serves a Compelling State Interest.

Based on this, you can recognize the right to bear arms rights as a fundamental right (as the Supreme Court has), but still pass limits on that right if there is a "compelling state interest" (as there is in the case of libel, secrets etc.)

So Cruz was actually giving her a great opportunity to make the case that yes, every right in the Bill of Rights can and is limited if there is a Compelling State Interest.

And what more compelling state interest is there than reducing the chance that our children will be gunned down in school or that children will be gunned down in a mall, a movie theater or anyplace.

As Steve M. asks Can't anybody here play this game?

Your Email has been sent.
You must add at least one tag to this diary before publishing it.

Add keywords that describe this diary. Separate multiple keywords with commas.
Tagging tips - Search For Tags - Browse For Tags


More Tagging tips:

A tag is a way to search for this diary. If someone is searching for "Barack Obama," is this a diary they'd be trying to find?

Use a person's full name, without any title. Senator Obama may become President Obama, and Michelle Obama might run for office.

If your diary covers an election or elected official, use election tags, which are generally the state abbreviation followed by the office. CA-01 is the first district House seat. CA-Sen covers both senate races. NY-GOV covers the New York governor's race.

Tags do not compound: that is, "education reform" is a completely different tag from "education". A tag like "reform" alone is probably not meaningful.

Consider if one or more of these tags fits your diary: Civil Rights, Community, Congress, Culture, Economy, Education, Elections, Energy, Environment, Health Care, International, Labor, Law, Media, Meta, National Security, Science, Transportation, or White House. If your diary is specific to a state, consider adding the state (California, Texas, etc). Keep in mind, though, that there are many wonderful and important diaries that don't fit in any of these tags. Don't worry if yours doesn't.

You can add a private note to this diary when hotlisting it:
Are you sure you want to remove this diary from your hotlist?
Are you sure you want to remove your recommendation? You can only recommend a diary once, so you will not be able to re-recommend it afterwards.
Rescue this diary, and add a note:
Are you sure you want to remove this diary from Rescue?
Choose where to republish this diary. The diary will be added to the queue for that group. Publish it from the queue to make it appear.

You must be a member of a group to use this feature.

Add a quick update to your diary without changing the diary itself:
Are you sure you want to remove this diary?
(The diary will be removed from the site and returned to your drafts for further editing.)
(The diary will be removed.)
Are you sure you want to save these changes to the published diary?

Comment Preferences

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site