In Senate Concurrent Resolution (SCR) No. 42, introduced Tuesday, Democratic lawmakers assert that:
“In light of the numerous tragic mass shootings at schools, work places, and public events, this body believes that it is necessary to repeal or amend the Second Amendment of the United States Constitution.”
In the resolution, lawmakers urge Congress to:
“Adopt a proposed amendment to the United States Constitution pursuant to article V of the United States Constitution to clarify the constitutional right to bear arms.”
The sponsors of the resolution suggest the Framers’ use of the term “well-regulated militia” was “intended only to restrict the United States Congress from legislating away a state’s right to self-defense.”
Hawaii has a history of enacting gun control. In 2016, Hawaii became the first state in the country to add gun owners in the state to the FBI’s centralized database (known as “Rap Back”), which allows federal authorities to notify local law enforcement when a gun owner is arrested. That bill, SB 2954, was co-sponsored by Sen. Roz Baker, who also introduced this week’s resolution.
Resolution co-sponsor Stanley Chang has a similar history of advocating gun control measures, while other legislators who introduced SCR No.42, like Sen. Laura Thielsen and Sen. Karl Rhoads, have likewise supported other anti-Second Amendment policies.
The Supreme Court’s Verdict
The Democrats’ resolution heavily references the 1939 Supreme Court decision United States v. Miller as a precedent for a “collective rights” interpretation of the Second Amendment. They call on Congress “to consider and discuss whether the Second Amendment of the United States Constitution should be repealed or amended to clarify that the right to bear arms is a collective, rather than individual, constitutional right.”
The Supreme Court settled the issue in 2008 in the landmark District of Columbia v. Heller decision, a ruling the resolution says “revitalized” the discussion of individual versus collective rights with respect to firearm ownership.
Justice Antonin Scalia wrote:
“The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.”
Scalia was joined in that ruling by Chief Justice John Roberts, as well as Justices Anthony Kennedy, Clarence Thomas, and Samuel Alito. The individual right interpretation was expanded and made the law of the land in 2010’s McDonald v. Chicago decision.
The difference in Second Amendment interpretations is significant.
As Dahlia Lithwick of Slate has explained, a collective interpretation of the Second Amendment is one generally championed by gun control activists. It holds that the Second Amendment “only protects the states’ authority to maintain formal, organized militias.” As such, the Second Amendment would only apply to federal gun regulations, leaving state and local governments to regulate and prohibit gun ownership as they saw fit.
Hawaii’s attempt comes one week after House Democrats passed the first major gun control legislation in years.
Hawaii’s attempt to have Congress consider whether the Second Amendment should be “repealed or amended” comes one week after House Democrats passed the first major gun control legislation in years.
Individuals will, of course, decide for themselves whether the Founders intended the Second Amendment to be an individual or a collective right. But their own words can help shed light on the issue.
“No freeman shall ever be debarred the use of arms,” Thomas Jefferson wrote in 1776 while drafting the Constitution for Virginia.
This is not the first time Democratic senators in the state of Hawaii have called for congressional action on guns and gun violence, nor is it the first time the state has asserted its right to restrict gun rights. In 2018, the 9th Circuit Court of Appeals found the state had violated the Second Amendment when law enforcement denied a Vietnam veteran the right to open carry a handgun. Hawaii fought the decision, and the court agreed last month to revisit its ruling, which could ultimately bring the case to the Supreme Court.
The resolution introduced this week now awaits a vote in the state’s legislature.
Carey Wedler, John Miltimore / Creative Commons / FEE
Police Rescue Dogs Trapped In Car on Sizzling Hot Day, Owners Complain About Broken Window
Police in the UK acted quickly to save a two dogs locked inside a car in sizzling hot temperatures by smashing open a window, upsetting the car’s owner over the damage.
Officers responded Sunday to reports that a beagle and another dog were trapped in a car parked in the seaside British city of Brighton on a day of boiling heat.
In video captured of the incident, an officer can be seen jamming his baton through a rear window before finally shattering it to free the pooches.
This prompts the car alarm to go off as the car’s owners can be seen rushing toward it, upset over the police intervention.
A woman, standing with her shocked family, says: “You broke my window out!”
One of the officer responded: “It’s a hot day. You shouldn’t be leaving the dog in the car in this weather.”
The incident happened on a day when people across the region flock to the seaside resort city to dip into the beaches amid surging hot temperatures.
The onlooker who filmed the incident noted that the owners seemed unaware of the dangers posed to their pets by weather conditions.
“Where they had parked there is just no shade,” they told The Sun. “It’s directly on the seafront in 25°C (77°F) weather outside – I’ve got no idea what it was inside the car.”
The family was indignant over what they claim was an overreaction by the police.
“At first it was ‘what the f*** are you doing, why did you break my car window? I was only gone for 10 minutes,’” another witness explained.
“The bloke obviously thought he was completely in the right,” they added. “He didn’t really seem to have much empathy.”
According to UK animal welfare group RSPCA, outside temperatures of 22°C (71°F) can reach a brutal 47°C (116.6°F) inside a car within an hour.
“Police officers attended and tried to get a contact number for the owners of the car but were unable,” a Sussex Police spokesperson said. “Officers had no choice but to smash the side window to gain access and a kind member of the public donated a bottle of water.”
Authorities added that the officers let the pet owners off with a stern warning, without ticketing the family or separating their dogs from them.
Scientists Prove What Causes Aurora Borealis for the First Time
Since the dawn of time, humans have been mystified by what causes the aurora borealis or northern lights. However, a group of scientists have finally uncovered what causes the dazzling lightshow that has captivated people for so long.
Researchers at the University of Iowa have proven that the shimmering auroras are the result of powerful electromagnetic waves during geomagnetic storms, according to a newly published study.
According to the study, phenomena known as Alfven waves propel electrons toward Earth and cause the particles to produce the brilliant display of northern lights seen in the higher latitudes of our planet,
“Measurements revealed this small population of electrons undergoes ‘resonant acceleration’ by the Alfven wave’s electric field, similar to a surfer catching a wave and being continually accelerated as the surfer moves along with the wave,” Prof. Greg Howes, a co-author of the study, told CNN.
Scientists have long understood that the aurora was the likely result of electrons surfing across the electric field, at least since the theory was introduced in 1946 by Soviet scientist Lev Landau.
However, the University of Iowa professors were able to finally put the theory to the test through a simulation at a lab at the Large Plasma Device (LPD) in the Basic Plasma Science Facility of the University of California, Los Angeles (UCLA).
Using a 20-meter-long chamber to simulate the magnetic field of the Earth through state-of-the-art magnetic field coils, scientists were able to generate plasma similar to that which exists in spac.
“Using a specially designed antenna, we launched Alfven waves down the machine, much like shaking a garden hose up and down quickly, and watching the wave travel along the hose,” said Howes.
While this didn’t result in the type of auroras we might see in the sky, “our measurements in the laboratory clearly agreed with predictions from computer simulations and mathematical calculations, proving that electrons surfing on Alfven waves can accelerate the electrons (up to speeds of 45 million mph) that cause the aurora,” Howes noted.
Scientists across the country were elated by the results of the experiment.
“I was tremendously excited! It is a very rare thing to see a laboratory experiment that validates a theory or model concerning the space environment,” said Patrick Koehn, a scientist in the Heliophysics Division of NASA.
“Space is simply too big to easily simulate in the lab,” he added.
Researchers are hopeful that a greater understanding will allow forecasters to better understand weather conditions in space.
Arizona Restores Gas Chamber Where ‘Nazi-Era’ Gas Will be Used for Executions
Arizona has restored an old gas chamber retired during the 20th century in a bid to continue executing its inmates on death row, renewing criticisms about capital punishment and a method of execution the United States once rejected for being excessively cruel and unusual.
The gas chamber, which hasn’t been operated since it executed its last inmate 1999, has been refurbished to ensure that it can properly function as an option for death row prisoners to choose, reports Associated Press.
The move comes after the Grand Canyon State made a large purchase of ingredients to manufacture its own hydrogen cyanide gas.
The same chemicals Arizona plans on using were also used by the Nazis during the holocaust under the brand name Zyklon B. News articles about Arizona’s plans have provoked outrage among survivors of Nazi death camps in Germany and Israel.
“Whether or not one supports the death penalty as a general matter, there is general agreement in American society that a gas devised as a pesticide, and used to eliminate Jews, has no place in the administration of criminal justice,” wrote the American Jewish Committee said in a statement.
The federal government has also used the gas in past executions of prisoners.
Arizona’s revival of the old execution method comes as prison authorities across the country continue to grapple with problems over another form of execution decried by critics as brutal, namely the use of lethal injection.
Once depicted as a more humane and painless form of killing prisoners, lethal injection has often led to slow, torturous and excruciating deaths. Additionally, many of the chemicals used in lethal injection drugs are impossible to attain due to the refusal of drug makers to continue manufacturing them – effectively cutting off the “choices” given to death row inmates about their preferred method of death.
In South Carolina, a recently-passed law would see inmates being forced to choose between firing squad and an electric chair, reports NPR.
In the waning days of the Trump administration, the outgoing president also vigorously pushed to fast-track the use of death by firing squad and death by electrocution.
At the time, former federal prosecutor Miriam Krinsky, who also heads the Fair and Just Prosecution advocacy group, said:
“As we find itself in the midst of a national reckoning with racism and our history of racial violence, ending the death penalty must be part of our transformation … Abolishing the death penalty would be a signal that the Biden-Harris administration is committed to fairness, equity, and evidence-based justice — and the time for this definitive move is long overdue.”
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