The US Senate Decides Guns are More Important than People

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Courtesy Marquil at Empirewire.com

Do you think that the 2nd Amendment to the United States Constitution guarantees an unrestricted right to bear arms?

Does the 2nd Amendment guarantee the right of paranoid schizophrenics or clinically diagnosed psychopaths to bear arms?

Does the 2nd Amendment guarantee a toddler’s right to bear arms?

Does the 2nd Amendment guarantee the right of felons to bear arms?

Does the 2nd Amendment guarantee the right to own a tank? A drone? A rocket-propelled grenade launcher?

None of the above are rhetorical questions. I’m absolutely serious. 

Does anything in the Constitution guarantee my right – your right – not to be shot? How about the kids from Sandy Hook or the moviegoers in Aurora?

Do you think that the 1st Amendment to the United States Constitution is also absolute and unrestricted in any way? You’d be wrong. There are plenty of government restrictions on speech that have been ruled constitutional. You’re not allowed to incite a riot or libel someone, for instance.

And so it is that, although 90% of Americans support universal background checks for dealer and gun show sales, the United States Senate Wednesday night was unable to defeat a Republican-led filibuster of the Manchin-Toomey Amendment. Drafted by a conservative Republican and a conservative Democrat, the amendment would have implemented background checks to prevent homicidal maniacs and felons from legally obtaining guns.

This new gun control initiative was brought about in response to the Sandy Hook massacre, where 20 little boys and girls were mowed down by a lunatic. One of the biggest efforts was to close the gun show loophole, to make sure that those sales are subject to the same background checks that retail sales undergo. Yesterday on Facebook, people argued to me that implementation of this statute would not have prevented Sandy Hook. But that’s a disingenuous argument – it’s too late for that, and you can’t retroactively prevent anything. I brought up that Australia and the UK implemented stringent gun control in response to their school massacres, and have seen none since. Someone brought up a shooting of 12 in Cumbria that took place in 2010 – the first mass shooting in the UK since the 1996 Dunblane massacre. In the US, we have mass shootings much, much more frequently than that, and we can’t let the perfect be the enemy of the good. After Dunblane, the UK effectively banned handguns.

This is what I have to say about your gun and your gun rights.

England and Wales see .7 gun homicides for every 100,000 people. Scotland has no data. Australia has .14 homicides per 100,000 of population. Canada sees .51 homicides per 100,000 people. By contrast, the United States has 3 gun homicides per 100,000 people. That doesn’t count accidental deaths and suicides. The United States has 5% of the world’s population, and close to 50% of the small arms. Access to guns and ammo are not at risk or adversely affected.

From TPM,

The legislation, written by Toomey and Sen. Joe Manchin (D-WV), was the centerpiece of gun control efforts in the wake of the Newtown, Conn. shootings. It was supposed to be the breakthrough that led to the 60 votes needed to overcome a filibuster. But it only picked up a few senators and hardened the opposition of many. A last-ditch effort by Democrats to win over skeptical senators by offering new concessions fell apart late Tuesday.

About nine out of 10 Americans support universal background checks, according to polls. The failed vote reflects the enduring power of the National Rifle Association, which opposed the bill and threatened to target lawmakers who voted in its favor.

“Today, the misguided Manchin-Toomey-Schumer proposal failed in the U.S. Senate,” the NRA’s top lobbyist Chris Cox said in a statement issued immediately after the vote. “As we have noted previously, expanding background checks, at gun shows or elsewhere, will not reduce violent crime or keep our kids safe in their schools.”

Centrist senators who were courted eventually revealed their opposition to the proposal this week, making it all but clear by Wednesday that it lacked the votes to pass. Opponents voiced gripes ranging from an alleged infringement on Second Amendment rights to the more far-reaching — and inaccurate — claim that the legislation would set up a national gun registry.

So, the NRA defeated the will of 90% of the people, and prevented a vote from being held on the amendment. The United States congress cannot pass a law without 60% of the Senate, and that’s not how our system is supposed to work. Of course, in 1999 – after Columbine – the NRA supported universal background checks. What’s changed? Why must 90% of America succumb to the will of a small lobby representing a small number of people?

A lunatic shoots up a school, and the Senate filibusters a reasonable and constitutional gun control bill drafted by two conservatives.

I think that former Congresswoman Gabby Giffords said it best,

Moments ago, the U.S. Senate decided to do the unthinkable about gun violence — nothing at all. Over two years ago, when I was shot point-blank in the head, the U.S. Senate chose to do nothing. Four months ago, 20 first-graders lost their lives in a brutal attack on their school, and the U.S. Senate chose to do nothing. It’s clear to me that if members of the U.S. Senate refuse to change the laws to reduce gun violence, then we need to change the members of the U.S. Senate.

 

Occupy the Senate

Had the Occupy movement not captured headlines, and had its messages not engendered sympathy from a middle class that has been systematically harmed by the axis of money and politics, then it’s possible that the Buffett Rule – a change to the tax code that would ensure that millionaires whose income comes largely from investments pay taxes on that money at a rate similar to that earned on other income, like business profits or regular wages. It’s named after Warren Buffett, the billionaire whose income comes largely from his myriad investments, who lamented that his secretary pays a higher tax rate than he. 

Last night, the Senate took up this change to the law, and it never made it to a vote. A single Democrat voted to block it, and a single Republican voted to bring it to the floor.  The Republicans filibustered, and the Democrats didn’t have the 60 votes needed to pass this legislation. (It’s high time to abolish the Senate filibuster, because the Constitution has been systematically circumvented – by both sides – to require that every legislation receive a supermajority for passage. This is unconscionable.) Without the threat of filibuster, the Buffett Rule would have passed the Senate 51 – 45. 

The bill would impose a minimum 30% effective federal tax rate on those with adjusted gross incomes above $1 million, although it phases in for those making between $1 million and $2 million.

Taxpayers subject to the Buffett Rule would still get a break for charitable deductions and could count both the income and payroll taxes they paid when calculating what they would owe

There’s nothing about that plan that should make Republicans reject it. Frankly, it makes sure that the wealthiest Americans don’t avoid paying taxes through an impossibly large, byzantine system that is specifically geared to lend loopholes to those who can afford them. 

The Buffett rule isn’t even controversial

It’s supported by 72% of Americans; of those, 53% of Republicans back it, and 70% of independents do, too. Unfortunately, it’s supported by only 2% of Senate Republicans; it’s only controversial among those whom the 1% have paid to oppose it. 

Americans don’t think the rich should get special breaks that regular folks don’t get, yet the Republicans in congress have made class warfare – by the rich against everybody else – a platform plank, and they’re shouting “socialist” at anyone who points it out. Problem is, it’s not working, and they’ve just selected someone who directly benefits from the failure of the Buffett Rule to be their nominee. 

This should be fun.