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Main Forums => Politics => Topic started by: Ben on July 01, 2010, 10:57:20 AM

Title: Clarence Thomas' Opinion on Gun Rights Ruling
Post by: Ben on July 01, 2010, 10:57:20 AM
I hadn't seen this anywhere yet. Very strong opinion by Thomas on the gun rights issue, and one that should (but you know that it won't) cause the liberal prohibitionists to think a little bit.

I think the talk of "modern white militias against Obama" is the WaPo's opinion, so you have to separate that out from what Thomas is talking about:

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http://www.washingtonpost.com/wp-dyn/content/article/2010/06/29/AR2010062905329.html

In Clarence Thomas's gun rights opinion, race plays a major role

By Courtland Milloy
Wednesday, June 30, 2010; B01

He hardly ever speaks during oral arguments, often appearing asleep on the bench. But in his written opinion Monday supporting the right to bear arms, Supreme Court Justice Clarence Thomas roared to life.

Referring to the disarming of blacks during the post-Reconstruction era, Thomas wrote: "It was the 'duty' of white citizen 'patrols to search negro houses and other suspected places for firearms.' If they found any firearms, the patrols were to take the offending slave or free black 'to the nearest justice of the peace' whereupon he would be 'severely punished.' " Never again, Thomas says.

In a scorcher of an opinion that reads like a mix of black history lesson and Black Panther Party manifesto, he goes on to say, "Militias such as the Ku Klux Klan, the Knights of the White Camellia, the White Brotherhood, the Pale Faces and the '76 Association spread terror among blacks. . . . The use of firearms for self-defense was often the only way black citizens could protect themselves from mob violence."

This was no muttering from an Uncle Tom, as many black people have accused him of being. His advocacy for black self-defense is straight from the heart of Malcolm X. He even cites the slave revolts led by Denmark Vesey and Nat Turner -- implying that white America has long wanted to take guns away from black people out of fear that they would seek revenge for centuries of racial oppression.

Of course, Thomas's references to historic threats posed by white militias might have been dismissed if not for a resurgence of such groups in the year after Barack Obama's election as the nation's first black president.

And if their behavior turns as violent as their racist rhetoric often threatens, then Thomas will almost certainly go down in history as the nation's foremost black radical legal scholar.

Thomas, the only black justice, sided with the court's conservative majority in a 5 to 4 vote to give Otis McDonald, a 76-year-old black man from Chicago, the right to buy a handgun. In his lawsuit to repeal Chicago's restrictive handgun law, McDonald said he needed a gun to protect himself -- not from a white mob but from young black "gangbangers" who were terrorizing his suburban Chicago neighborhood.

Thomas agreed with McDonald, concluding that owning a gun is a fundamental part of a package of hard-won rights guaranteed to black people under the 14th Amendment. And just because some hooligans in Chicago or D.C. misuse firearms is no reason to give it up.

"In my view, the record makes plain that the Framers of the Privileges or Immunities Clause and the ratifying-era public understood -- just as the Framers of the Second Amendment did -- that the right to keep and bear arms was essential to the preservation of liberty," Thomas wrote. "The record makes equally plain that they deemed this right necessary to include in the minimum baseline of federal rights that the Privileges or Immunities Clause established in the wake of the War over slavery."

Thomas made no mention of the black loss of life and liberty from handguns being wielded by other blacks. But he has made clear on other occasions that the problem is not that there are too many guns in the black community; the problem is too many criminals.

He dismissed the cogent gun-control arguments of his retiring colleague, John Paul Stevens, conjuring up the abolitionist Thaddeus Stevens instead: "When it was first proposed to free the slaves and arm the blacks, did not half the nation tremble?"

Let 'em quake, Thomas appears to be saying.

From Frederick Douglass, Thomas writes: " 'The black man has never had the right either to keep or bear arms,' and that, until he does, 'the work of the Abolitionists was not finished.' "

Because of his conservative take on affirmative action and prisoners' rights, he has been cast as an uncouth African American who didn't understand black history, a dupe for arch conservative Justice Antonin Scalia and a man who couldn't think for himself.

What Thomas has created, however, is a legal defense of the Second Amendment so thoroughly original and starkly race-based that none of the white justices would even acknowledge it, as if it were some blank sheet crafted by an invisible man.

That ought to be a clue enough for black people that this document is at least worth a look. You may not agree with his conclusion, but there'll be no mistake about where he's coming from.
Title: Re: Clarence Thomas' Opinion on Gun Rights Ruling
Post by: Antibubba on July 01, 2010, 12:11:55 PM
Quote

What Thomas has created, however, is a legal defense of the Second Amendment so thoroughly original and starkly race-based that none of the white justices would even acknowledge it, as if it were some blank sheet crafted by an invisible man.

 :facepalm:

It's only been invisible to liberals and reporters--the point has been made by the NRA, JPFO, and many, many others--since the '60's.  Still, I hope this will unknot their knickers a little bit.

Title: Re: Clarence Thomas' Opinion on Gun Rights Ruling
Post by: HankB on July 01, 2010, 12:18:49 PM
Good read, except for this little dig:

Quote
Of course, Thomas's references to historic threats posed by white militias might have been dismissed if not for a resurgence of such groups in the year after Barack Obama's election as the nation's first black president.

The thing is, I'm NOT seeing any resurgence of the Klan, Aryan Nations, or similar groups. I've seen that the left desperately wants it to pop up - expecially so they can try to tie them to the tea party movement - but it's just not there.

The left want it so they can portray anyone who fails to support BHO as racist - some are even making things up, claiming tea party activists are shouting racial epithets - but it's just not happening. They just can't accept that people dislike BHO for his policies, not his pigmentation.

Title: Re: Clarence Thomas' Opinion on Gun Rights Ruling
Post by: Antibubba on July 01, 2010, 12:25:43 PM
Yeah, I saw that too, but I decided to ignore it.  In fact, whenever I try to bring gun ownership up with liberal friends I always ask them "If you're so afraid of the XYZ, do you really want to not have guns when they come to your door?".

One step at a time.
Title: Re: Clarence Thomas' Opinion on Gun Rights Ruling
Post by: Ben on July 01, 2010, 01:08:39 PM
Good read, except for this little dig:

Yeah, that was the part where I mentioned that I thought that came from WaPo and/or the reporter. I don't think Thomas would ever say something like that.
Title: Re: Clarence Thomas' Opinion on Gun Rights Ruling
Post by: SADShooter on July 01, 2010, 03:14:40 PM
Not to mention the remark about Stevens' "cogent" dissent.
Title: Re: Clarence Thomas' Opinion on Gun Rights Ruling
Post by: seeker_two on July 01, 2010, 06:42:45 PM
Question: Since Thomas brought P&I into his opinion, does it make P&I a valid arguement in upcoming cases?
Title: Re: Clarence Thomas' Opinion on Gun Rights Ruling
Post by: stevelyn on July 01, 2010, 08:20:55 PM
Quote
Of course, Thomas's references to historic threats posed by white militias might have been dismissed if not for a resurgence of such groups in the year after Barack Obama's election as the nation's first black president.

Nothing like a little intellectual dishonesty using "militia" to describe the night riders and using to describe those of us who oppose Obama's policies.  :mad: [barf]
Title: Re: Clarence Thomas' Opinion on Gun Rights Ruling
Post by: Monkeyleg on July 01, 2010, 10:55:13 PM
Quote
...if not for a resurgence of such groups in the year after Barack Obama's election as the nation's first black president.

I believe the proper term for those people is "citizens."
Title: Re: Clarence Thomas' Opinion on Gun Rights Ruling
Post by: taurusowner on July 01, 2010, 11:08:58 PM
I'm a little uncomfortable about making such a big deal about "black gun rights" as opposed to just "gun rights" as I firmly believe that the best way to achieve a colorblind society is to just start having one.  Focusing on race, for good or ill only prolongs people focusing on  race.  Go figure.

That being said, I appreciate Thomas' candor and willingness to stand up for his race and showing himself to be far from the "uncle tom" many have claimed him to be.  This flies directly in the face of Leftist claims that conservatism=racism.  And that is something I can appreciate.
Title: Re: Clarence Thomas' Opinion on Gun Rights Ruling
Post by: Silver Bullet on July 02, 2010, 02:02:22 AM
Quote
do you really want to not have guns when they come to your door?

They still wouldn't.  This way they think they have an excuse for sitting back and letting someone else get their hands dirty.
Title: Re: Clarence Thomas' Opinion on Gun Rights Ruling
Post by: HankB on July 02, 2010, 08:57:50 AM
I'm a little uncomfortable about making such a big deal about "black gun rights" as opposed to just "gun rights" as I firmly believe that the best way to achieve a colorblind society is to just start having one
Agree on how to achieve a  colorblind society, but in some cases, gun control did originate as black control. For example, I've read that the original term for "Saturday Night Special" was actually "N-----town Saturday Night Special."  =(
Title: Re: Clarence Thomas' Opinion on Gun Rights Ruling
Post by: tyme on July 02, 2010, 04:21:33 PM
There was just a piece on NPR about this, with several commentators (with african american accents) mostly agreeing with Thomas, and only one particularly obnoxious commentator trying to insinuate that Thomas wrote that opinion because he's an NRA stooge.  The host pretty readily called him out on his bias as he kept rambling.
Title: Re: Clarence Thomas' Opinion on Gun Rights Ruling
Post by: zahc on July 03, 2010, 02:35:54 PM
Good. I'm all for playing the race card when it results in more liberty. The smallest minority is the individual.

Much of our current drug prohibition is racist as well, as any non-revisionist historical search will easily reveal.