The most ardent Second Amendment defender in Congress, Representative Lauren Boebert threw down the gauntlet and assailed the Biden-Harris regime with cold-hard facts after the disastrous presser Thursday in which Biden stunned Constitutionalists by saying “No amendment to the Constitution is absolute,”
Biden then went on to halting detail a new onslaught of “gun control measures, including tightened restrictions on so-called homemade “ghost guns,” pistol-stabilizing braces, and a directive for the Justice Department to develop legislation for a “red flag” law that would temporarily block individuals identified as potential threats from possessing guns.” according to Fox.
The Colorado Congresswoman, becoming widely known as ‘LoBo’ struck back hard and fast,
The Second Amendment is absolute. Anyone who says otherwise is a tyrant.
— Lauren Boebert (@laurenboebert) April 8, 2021
Systematically Destroying Biden’s Statement
Biden attempted to exercise a faulty argument here that was reversed by the Supreme Court in recent years when he made the classic “fire in a movie theater” reference, a legal precept that was tossed out by Brandenburg v. Ohio
“You can’t yell ‘fire’ in a crowded movie theater and call it freedom of speech. From the very beginning, you couldn’t own any weapon you wanted to own. From the very beginning that the Second Amendment existed, certain people weren’t allowed to have weapons.”
The Brandenburg decision creates what is called “The Brandenburg Test” according to Oyez “The Court used a two-pronged test to evaluate speech acts: (1) speech can be prohibited if it is “directed at inciting or producing imminent lawless action” and (2) it is “likely to incite or produce such action.” So in short: unless your speech is directed at inciting or producing imminent lawless action AND is actually LIKELY to, it cannot be prohibited. Running screaming from a theater is not illegal.
The second portion of Biden’s quip is also factually inaccurate as the Austin-American Statesman pointed out, there are no examples of caselaw where a citizen was prevented from owning a cannon. (In fact privateers were commonplace up through the mid 17th Century).
The Statesman reported,
“Historians say they are doubtful that there were laws to bar individual ownership of cannons during the Revolutionary War period.
“It seems highly unlikely that there were restrictions on the private ownership” of cannons, said Julie Anne Sweet, a historian and director of military studies at Baylor University.
David Kopel, the research director and Second Amendment project director at the free-market Independence Institute, agreed. “I am not aware of a ban on any arm in colonial America,” he said. “There were controls on people or locations, but not bans on types of arms.”
Remember what we said about privateers (it was in parenthesis…), The Statesman covered that ground too!
“There is at least one group of private citizens that owned cannons during the period: privateers.
Privateers were privately owned and operated ships that in wartime captured enemy ships for profit. While privateers received a license from the government that allowed them to avoid being prosecuted for piracy, they were not a part of the official navy. So any cannons they set sail with (or that they seized from the enemy) would be private property, not the property of the government or the regular military.”
Biden’s Argument Devastated By History and Facts
It’s rough when the facts don’t bear out your narrative isn’t it Joe? The Second Amendment is absolute, and it ALWAYS HAS BEEN. The words “shall not be infringed” are crystal clear and the actions the Biden-Harris regime are toying with are infringement by definition. The First Amendment has been attuned and honed through Supreme Court case law over the course of two centuries, The Second Amendment simply has not. The facts show that Supreme Court rulings like DC v. Heller ran quite to the contrary and reaffirmed the right to keep and bear arms.
Every part of this argument, like the man that issued it; falls on its face. (… Too soon?)
It wasn’t the wind folks. pic.twitter.com/jYc01dBZCe
— Donald Trump Jr. (@DonaldJTrumpJr) March 19, 2021