Supreme Court and the 2nd Amendment 8-11-16

Supreme Court and the 2nd Amendment

Richard J. Garfunkel

8-11-16

Speaking of the Constitution, I have been reading how the Right-Wingers are the last bastion to avoid the shredding of the Constitution.  I answered one of these arm chair geniuses!

It is interesting how the right-wing dunderheads are now experts on the US Constitution. I am always amazed when the average citizen starts to opine on Constitutional Law.  I’m sure that these “novitiate” experts know the difference between “Strict Construction,” and “Loose Construction.” Of course they know the history and the impact of Marbury v Madison, Dartmouth College v Woodward, McCullogh v. Maryland. Of course, they understand the nuances of the Heller Decision or McDonald V. Chicago? Maybe they understand the impact of Scalia and the 5-4 decisions on gun ownership, and the fact that in the “strict” analysis of the Founder’s debates on the Bill of Rights, there is no mention of the right of an individual to own a firearm.

 In other words, it wasn’t discussed.  But these brilliant “legal beagles” would know that the compromise on the Constitution was over the fear of a Federal “standing” army, and thus the rights of the states to organize their militias. In fact, few people could afford to own arms in 1789, and when the Militia “mustered” arms were passed out and strictly regulated and returned. There is nothing said about individual firearms or the innate right to own them.  Maybe that is how Justice Scalia saw it, but there have always been gun control laws from Dodge City to the Firearm’s Act of 1934. Or if you need clarification, read about the Hughes Act. If anyone was a “loose Constructionist,” it was Justice Scalia, who re-wrote the “originalists” concept of gun ownership.  But, if you don’t believe me, read Federal Period historian, Professor Carol Berkin’s book, “A Brilliant Solution,” Inventing the American Constitution. While you are at it, maybe you should be curious about “search and seizure,” Fourth Amendment Rights, and then learn the meaning of Escobedo v. Illinois, and Miranda v. Arizona.

Why don’t you write Professor Yale Kamisar at the University of Michigan Law School , who co-authored the “Criminal Justice in Our Times,” and is the co-author of the definitive American law school text book, “Modern Criminal Procedures,<” in its 12th edition.  But, what about your expertise on schools, starting with the impact of Plessy v Ferguson, to the Rowley Case, Myers v Nebraska to Brown v. Board of Education of Topeka? Maybe you understand the “free exercise” clause and the “exclusionary rule?”

But what of executive power and orders.  Maybe folks believe that President Obama has used his Executive Orders to violate the Constitution. Well Obama’s EOs were 244, the lowest for a two-term president since William McKinley. You maybe interested in the fact that here are the following list of Executive Orders going back to FDR: Bush 43 291, Clinton 364, Bush 41 166, Reagan 381, Carter 320, Ford 169, Nixon 346, Eisenhower 484, Truman 907, and FDR 3721.  By the TR used the EO 1083 times. But you are protecting the Constitution!  

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About admin

A lifelong New Yorker, who now lives full-time in Palm Beach County, Richard was raised in Mount Vernon, New York and he was educated in the Mount Vernon public schools He graduated from Boston University with a BA in American History. After spending a year on Wall Street as a research analyst with Bache & Co., he joined a manufacturing and importing firm, where over the next twenty-five years he rose to the position of chief operating officer. After the sale of that business, Richard entered into the financial services field with Metropolitan Life and is a Registered Representative, who has been associated with Acorn Financial Services which is affiliated with John Hancock Life Insurance Company of Boston, Ma. Today, he is a retired broker who had specialized in long-term care insurance and financial planning. One of Richard’s recent activities was to advise and encourage communities to seek ways to incorporate “sustainability and resiliency” into their future infrastructure planning. After a lifetime in politics, with many years working as a district leader, which involved party organizational work, campaign chair activity and numerous other political tasks, Richard has been involved with numerous civic and social causes. In recent years, Richard served in 2005 as the campaign coordinator of the Re-Elect Paul Feiner Campaign in Greenburgh, NY and he again chaired Supervisor Feiner’s successful landslide victory in 2007. Over the next few years, he advised a number of political candidates. He has served as an appointed Deputy Supervisor of the Town of Greenburgh, with responsibilities regarding the town’s “liaison program.” He was a member of the Parks and Recreation Advisory Board of the Town of Greenburgh, NY. Richard has lectured on FDR, The New Deal and 20th century American history in the Mount Vernon schools, at the Westchester Council of Social Studies annual conference in White Plains, and at many senior citizen groups, which include appearances at the Old Guard of White Plains, the Rotary Clubs of Elmsford and White Plains, and various synagogue groups around Westchester. In the winter of 2006 Richard was the leader of the VOCAL forum, sponsored by the Westchester County Office of Aging, which addresses the concerns of Westchester County’s Intergenerational Advocacy Educational Speak-out forums for senior citizens. Richard has given lectures for the Active Retirement Project, which is co-sponsored by the Jewish Community Center on the Hudson, the Greenburgh Hebrew Center, and other groups around Westchester County. Richard also is the founder and Chairperson of the Jon Breen Memorial Fund, that judges and grants annual prizes to students at Mount Vernon High School who submit essays on public policy themes. He also sponsors the Henry M. Littlefield History Prize for the leading MVHS history student. Richard serves on the Student College Scholarship Committee of Mount Vernon High School. In past years Richard chaired and moderated the Jon Breen Fund Award’s cablecast program with the Mayor and local and school officials. Richard has been a member of Blythedale Children’s Hospital’s Planned Giving Professional Advisory Board, and was a founding member of the committee to re-new the FDR Birthday Balls of the 1930’s and 1940’s with the March of Dimes’ effort to eliminate birth defects. Their renewal dinner was held at Hyde Park on January 30, 2003. Richard is currently an active contributor to the Roosevelt Institute, which is involved in many pursuits which included the opening of the Henry A. Wallace Center at Hyde Park, and the Eleanor Roosevelt – Val-Kill Foundation. In 2007, he proposed to the City of Mount Vernon an effort to develop an arts, educational, and cultural center as part of a downtown re-development effort. Richard was a team partner with the Infrastructure & Energy Solutions Group. IEFG which has developed innovative strategies for the 21st Century. Richard hosted a weekly program on WVOX-1460 AM radio, called “The Advocates,” which was concerned with “public policy” issues. The show, which was aired from 2007 until May 15, 2013, has had amongst its guests; Representative Charles Rangel, Chairperson of the House Ways and Means Committee, Mr. Jonathan Alter of Newsweek, along with hundreds of others. All the 300 shows are archived at http://advocates-wvox.com. Richard currently gives lectures on Franklin and Eleanor Roosevelt, FDR and the Jewish Community, The New Deal, FDR and Douglas MacArthur, 20th Century American Foreign Policy Resulting in Conflict, and Israel’s Right to Exist. Richard lives in Boynton Beach, Fl, with his wife Linda of 44 years. They have two married children. Their daughter Dana is a Rutgers College graduate, with a MS from Boston University, and is the Assistant Director of Recruitment at Harvard’s Kennedy School of Government. Their son Jon is an electrical engineering graduate of Princeton University and a senior software architect at NY/Mellon Bank in NYC. Richard J. Garfunkel rjg727@comcast.net Recent Appearances: KTI Synagogue, Rye Brook, NY- Long Term Care & Estate Conservation- Anshe Shalom Synagogue, New Rochelle, NY- Long Term Care- American Legion Post, Valhalla, NY- Long Term Care and Asset Protection- Doyle Senior Ctr, New Rochelle, NY-Long Term Care and Asset Protection- AME Methodist Ministers, New Rochelle, NY, LTC and Charitable Giving- Profession Women in Construction, Elmsford, NY, LTC and Business Benefits- Kol Ami Synagogue- White Plains, NY, Long Term Care and Disability - Beth El Men's Club-New Rochelle, NY-Long Term Care-Is it Necessary- Greater NY Dental Meeting Javits Ctr, NY, NY- LTC and Disability- IBEW Local #3 , White Plains, NY, Long Term Care and Asset Protection, Health Fair -Bethel Synagogue, New Rochelle, NY-LTC and Disability, Heath Fair- Riverdale Mens Club CSAIR- Riverdale, NY- LTC- Life Weight Watchers of Westchester and the Bronx-LTC and Tax Implications Sunrise Assisted Living of Fleetwood, Mount Vernon, NY-LTC Sprain Brook Manor of Scarsdale-LTC- November 15, 2001 Sunrise Assisted Living of Stamford, Connecticut, February 2002 Kol Ami Synagogue, White Plains, NY, February, 2002 The Old Guard Society of White Plains, NY, April, 2002 The Westchester Meadows, Valhalla, NY August, 2002 Kol Ami Synagogue, White Plains, NY, October, 2002 JCC of Scarsdale, Scarsdale, NY, November, 2002 The Westchester Meadows, Valhalla, NY, January, 2003 The Rotary Club of White Plains, NY January, 2003 The Westchester Meadows, Valhalla, NY April, 2003 Westchester Reform Temple, Scarsdale, NY January, 2004 Mount Vernon High School, Mount Vernon, NY March 2004 Kol Ami/JCC of White Plains, NY November, 2004 The Westchester Reform Temple, Scarsdale, January 2005 The Sunrise of Fleetwood, Mount Vernon, April, 2005 The Woodlands of Ardsley, assisted living, November, 2005 The Woodlands of Ardsley, assisted living, December, 2005 The Woodlands of Ardsley, assisted living, January, 2005 Rotary Club of Elmsford, April, 2006 Kiwanis Club of Yonkers, June, 2006 Greenburgh Jewish Center, November, 2006 Temple Kol Ami, White Plains, February, 2007 Hebrew Institute, White Plains, March, 2007 Temple Kol Ami, White Plains, NY, April, 2007 Westchester Meadows. Valhalla, November, 2007 Hebrew Institute. White Plains, November, 2007 Art Zuckerman Radio Show- January, 2008 JCC of the Hudson, Tarrytown, February, 2008 Matt O’Shaughnessy Radio Show, March, 2008 WVOX –Election Night Coverage, November, 2008 WVOX – Inaugural Coverage, January 20, 2009 The Advocates-host of the WVOX Radio Show, 2007- 2010 Rotary Club of Pleasantville, February, 2009 Hebrew Institute of White Plains, May, 2009 JCC Hudson, Tarrytown, December, 2009-10-11-12 Brandeis Club, Yonkers, March 25, 2010

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