Mike
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http://www.timesonline.com/articles/2008/09/09/opinion/editorials/doc48c53f9181cc0270705531.txt
Common sense: Don’t forget that responsibility is part of constitutional rights
Published: Tuesday, September 9, 2008 7:16 AM EDT
The arrest of John Noble for disorderly conduct has led to a debate over the right to bear arms.
But while many people are wrapped up in the argument over the Second Amendment, few are talking about the responsibility that comes with exercising any constitutional right.
The Industry resident was arrested near the political rally for Democratic presidential nominee Barack Obama and vice presidential nominee Joe Biden in Beaver on Aug. 29. He was wearing a loaded, holstered Glock 9mm handgun, wielding a Bible and distributing fliers about gun rights.
He has been charged with one count each of disorderly conduct and disrupting meetings and processions.
Noble and his defenders argue that he was exercising his constitutional right as protected by the Second Amendment and did not violate state law, which allows people to wear a weapon out in the open without a permit.
Law enforcement officials argue that the presence of an armed Noble violated another constitutional right — people’s right to peaceful assembly. State police contend that Noble’s wearing the gun was alarming to others around him, thus the disorderly conduct charge.
So which constitutional right, if any, should take precedence over the other? Perhaps it would help to look at this incident from another angle.
What if five Middle Eastern-looking men and two women wearing burqas were within a block of a joint outdoor appearance of Republican presidential and vice presidential nominees John McCain and Sarah Palin? What if the men were wearing holstered handguns, waving the Quran and chanting “Death to America”?
Would you shrug that off as American citizens exercising their constitutional rights, or would their presence alarm and intimidate you? Would you be comfortable with law enforcement officials observing constitutional niceties and leaving them alone, or would you prefer that the police arrest them?
Suddenly, the matter isn’t so black and white, even though the underlying constitutional principles are the same.
One thing that constitutional absolutists of all stripes forget is that rights come with responsibilities. And as the Noble incident shows, a little common sense when exercising them doesn’t hurt, either.
http://www.timesonline.com/articles/2008/09/09/opinion/editorials/doc48c53f9181cc0270705531.txt
Common sense: Don’t forget that responsibility is part of constitutional rights
Published: Tuesday, September 9, 2008 7:16 AM EDT
The arrest of John Noble for disorderly conduct has led to a debate over the right to bear arms.
But while many people are wrapped up in the argument over the Second Amendment, few are talking about the responsibility that comes with exercising any constitutional right.
The Industry resident was arrested near the political rally for Democratic presidential nominee Barack Obama and vice presidential nominee Joe Biden in Beaver on Aug. 29. He was wearing a loaded, holstered Glock 9mm handgun, wielding a Bible and distributing fliers about gun rights.
He has been charged with one count each of disorderly conduct and disrupting meetings and processions.
Noble and his defenders argue that he was exercising his constitutional right as protected by the Second Amendment and did not violate state law, which allows people to wear a weapon out in the open without a permit.
Law enforcement officials argue that the presence of an armed Noble violated another constitutional right — people’s right to peaceful assembly. State police contend that Noble’s wearing the gun was alarming to others around him, thus the disorderly conduct charge.
So which constitutional right, if any, should take precedence over the other? Perhaps it would help to look at this incident from another angle.
What if five Middle Eastern-looking men and two women wearing burqas were within a block of a joint outdoor appearance of Republican presidential and vice presidential nominees John McCain and Sarah Palin? What if the men were wearing holstered handguns, waving the Quran and chanting “Death to America”?
Would you shrug that off as American citizens exercising their constitutional rights, or would their presence alarm and intimidate you? Would you be comfortable with law enforcement officials observing constitutional niceties and leaving them alone, or would you prefer that the police arrest them?
Suddenly, the matter isn’t so black and white, even though the underlying constitutional principles are the same.
One thing that constitutional absolutists of all stripes forget is that rights come with responsibilities. And as the Noble incident shows, a little common sense when exercising them doesn’t hurt, either.