In yesterday’s post noting California sheriffs’ dislike for Lt. Governor Gavin Newsom’s latest gun control push, reader Sam I Am makes the argument in the comment section that any state can prevent the possession of any asset as long as they’re sufficiently artful in crafting their laws. As he writes, “If the majority of voters support state legislation to tax all assets at 100% of its value, that would be legal. The minority in opposition would either comply or move. There is no constitutional right to be free of taxation….”
We’re not attorneys and we didn’t stay at a Holiday Inn Express last night, but we’d guess the courts might step in at some point. Though just where the judicial branch might divine the line of demarcation between “reasonable” taxation and an obvious infringement on an enumerated Constitutional right is anyone’s guess.
The gist of his comment, though, has to do with the nature of representative democracy:
Point is, the voters of California voted in the legislators, and the legislators are pressing the interests of their majority voters. There is no obligation, anywhere that the majority not rule. Even the entire constitution is subject to majority rule; large majority, but majority.
What you are likely unhappy with is the fact that the majority of the public wants to get rid of guns, legislation favors that, courts validate it. When we don’t like what the majority is doing, we need to stop blubbering and become the majority. It is just silly to claim that the majority of the nation favors gun rights, when the majority of legislators, reflecting the majority of the voters, sponsors and passes anti-gun legislation over and again.
But is that really silly? The GIF at the top of the page (by Jeff Dege at gun-nuttery.com) chronicling right to carry progress across the fruited plain over the last 30 years might lead you to a different conclusion.
Still, some argue that as the country becomes increasingly urban, the tide can only turn against those who value their Second Amendment rights. Recent votes in places like California, Oregon, Washington and Connecticut, certainly don’t bode well, at least for People of the Gun in those rights-challenged locales. So is Sam I Am right? Is the majority of Americans against — or at best indifferent to — gun rights?