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Clarence Thomas, Gun Control and the Case for Black Self-Defense

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Supreme Court Justice Clarence Thomas doesn't say much from the bench, rarely asking a question or revealing what he's thinking. But every so often he gives us a glimpse of what is underneath that taciturn exterior. And in his concurring opinion for last week's 5-4 court ruling in McDonald v. Chicago, which affirmed an individual's right to bear arms, Thomas bares his soul in words that reflect the weight of history he feels as a black man who came of age in white America.

Kudos to Washington Post columnist Courtland Milloy for bringing Thomas' words to the attention of readers. Only the most zealous court watchers typically read every concurring opinion, and occasionally there are gems to be found. Thomas traces his support for expanded gun rights to the post-Reconstruction era, when white citizen patrols went door to door to hunt down blacks suspected of possessing firearms. Disarming blacks was a way to calm white fears that this enslaved and oppressed population might seek revenge: "Then when the Ku Klux Klan and other white supremacist groups proliferated, the use of firearms for self-defense was often the only way black citizens could protect themselves against mob violence."

Milloy, like Thomas, is African-American, and he marvels at Thomas' unbridled advocacy for black self-defense. The opinion reads more like a manifesto that could have been written by Malcolm X, writes Milloy, who wonders if that's the reason none of the other justices acknowledged it. In the post-racial culture America strives to be, it is eye-popping for a Supreme Court justice to advance an unabashed race-based argument as the basis for arming citizens, and black citizens in particular. Thomas quotes Frederick Douglass, the black abolitionist and friend of President Abraham Lincoln, who said, "The black man has never had the right either to keep or bear arms," and until he does, "the work of the Abolitionists was not finished."

Those words were relevant in Lincoln's day, but they are out of date and out of touch with the America of today. The flaw in Thomas' judicial philosophy is its view that nothing ever changes, that he can interpret the Constitution the same way it was interpreted when blacks were enslaved, or in the days of Jim Crow, when they were denied basic rights, or when Thomas, now 62, was making his way in the world and bracing against every act of racism and every real or imagined slight directed at him.

In last week's gun case, the court affirmed the right of a 76-year-old black man from Chicago, Otis McDonald, to buy a handgun, which he claims he needed for protection from marauding "gangbangers" in his neighborhood. The gangbangers are presumably black, and the proliferation of guns in urban areas kills more blacks than whites, so smoothing the way for more people to own the handguns doesn't offer peace of mind -- quite the opposite. Justice Stephen Breyer noted in his dissent that the Chicago gun-control law, which was a near ban on the possession of handguns by private citizens, is credited with saving some thousand lives since it was put in place in the early 1980s.

Milloy points out somewhat wryly that if the white militias enjoying a resurgence since Barack Obama's election turn as violent as their racist rhetoric sometimes implies, then Thomas will look prescient and "will almost certainly go down in history as the nation's foremost black radical legal scholar." The more immediate problem for the black community, however, is black-on-black crime, made more deadly by the easy access to guns in a political environment where gun control seems to have no future.

Gun-control advocates took some comfort from the court saying that reasonable state and local restrictions can remain, so we're in for a spate of lawsuits as the NRA and its allies test how far they can go. In Virginia, gun enthusiasts celebrated a new law last week allowing people with concealed-weapon permits to carry their firearms into bars and restaurants that serve alcohol -- as long as they don't drink. The law was a victory for the Virginia Citizens Defense League, a gun-rights organization that makes the NRA look moderate.

The history of gun control tells us that it occurs on the federal level in spurts and typically only after the country is shocked by some horrific act. The Gun Control Act of 1968 was passed after two assassinations (Martin Luther King Jr. and Robert Kennedy); it prohibited felons, illegal immigrants and the mentally ill from purchasing guns. Another wave came in 1993 with the Brady Act, which required background checks for gun buyers, followed by the assault weapons ban of 1994, which was allowed to lapse in 2004. The passage of the 1993-94 laws required the efforts of a new Democratic president, a Democratic Congress and a Republican champion in Sarah Brady -- the wife of James Brady, who was grievously wounded in the 1981 attempt on President Ronald Reagan's life -- to overcome the pro-gun forces in both political parties.

It's been a decade and a half since any meaningful national gun-control legislation has passed, or even been attempted. The country has since been through the 1999 school shootings at Columbine, the 2007 massacre at Virginia Tech and last year's shooting rampage by an Army psychiatrist that killed 13 people and wounded many others at Fort Hood in Texas. All this violence and there's not a peep about gun control. Democrats have concluded it's a non-starter, and they don't want to repeat the experience of 1994, when they lost the House and Senate in part because of President Bill Clinton's push for the Brady bill and the assault-weapons ban.

With an estimated 200 million guns in private hands, firearms are so ingrained in the American psyche that Clarence Thomas has nothing to worry about. Should the dreaded race war come to pass, there'll be plenty of weaponry to go around with or without this latest court ruling.
Filed Under: Guns, Woman Up, Supreme Court

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86 Comments

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vobox3343

Well, y'all do want current laws applied to archaic ways of interpretation. Anything else would be embracing Socialism, Marxism or Communism. Isn't that the current thinking? Interpret the law ala our founding fathers? Oh, not when it takes you out of your comfort zone?

July 07 2010 at 9:50 PM Report abuse -3 rate up rate down Reply
lgregori0

I live in the Chicago area. Do you think that if it was innocent, wealthy, white children being killed and wounded in crossfire that it would not be stopped, somehow or other?

July 06 2010 at 8:51 PM Report abuse -5 rate up rate down Reply
gangster07

notice he said they used it against mobs to DEFEND themselves. Well yes, racism is still alive in this country but it isn't just whites against blacks....black have their share of racism too! and despite racism there are other acts of hate to defend yourselves from...its time for the government to do what our founding fathers made them to do....stay out of the lives of the American people...!!

July 06 2010 at 3:38 PM Report abuse +1 rate up rate down Reply
davidrdogbow

I'd like to know where the studies are that show any ban on legal ownership of weapons has resulted in a safer community?

Study after study after study shows that LEGAL gun ownership significantly reduces crimes and saves lives.

But then again, this whole topic is ridiculous in the first place. The second ammendment exists for the purpose of being able to do what we did when our country was founded: Maintain our freedoms by force.

In an age when government control and intrusion is spreading like wildfire, the real reason for the second ammendment should be quite clear to everyone.

Liberals of course have no idea what the second ammendment is and make their ridiculous arguments about "self defence" and "hunting", totally ignoring the purpose outlined in the ammendment.

Furthermore, they seem to ignore the facts on even the sub-topics they choose to use to try and twist their agenda into reality.

God bless the court for keeping our freedoms intact and the liberals at bay.

July 06 2010 at 3:33 PM Report abuse +4 rate up rate down Reply
3 replies to davidrdogbow's comment
mwood1968

I believe you misunderstood the thrust of Justice Thomas’s concurrent opinion. He was making the case for how the constitution should be read and was understood at the time the 13th amendment was ratified. While some believe that we should always read the Constitution through the eyes of our moderns he believes that we should understand the intent at the time the Constitution was written or amended and view that as a contract. As a contract the second amendment view the ownership of guns as a personal right and the 13th 14th and 15th amendments corrected the errors of the original and extended all those rights to people who were heretofore slaves. The times may have changed but the principles should not have. We have a way of correcting the Constitutional contract and we have done that many times. If we do not like what is says or times have changed lets amend it not change it by Judicial fiat.

July 06 2010 at 3:22 PM Report abuse rate up rate down Reply
jshesq1

Follow this carefully Ms. Clift: The thugs who are classified as "gangbangers" and other similar pleasant descriptions are criminals who by definition do not obey the law. If they are willing to murder or rob, by what stretch of the imagination do you think they will obey gun laws? They steal guns, or buy them from other extralegal sources. The law abiding citizens who need to protect themselves from the criminals and who obtain weapons by legal methods virtually never use them for illegal purposes. If you were to buy Mace, or take a karate class, you wouldn't use that material or that training for evil purposes. If you were to buy a firearm, you likely wouldn't either. What part of this is beyond your understanding?

July 06 2010 at 2:40 PM Report abuse +3 rate up rate down Reply
biedachris

To the commentators who, with wonderment, ask if liberals really believe that gun control will prevent criminals from having guns when they're not the most law-abiding to begin with: OF COURSE THEY DO.

It's not that they expect a gun-free society (any more than any human arguable-vice that has ever been completely eliminated from any human society in history); it's simply that with a complete ban on handguns, they expect that the level of violence would fall. Probably true. Worth it?

Well, that's an argument which I doubt reasonable people will resolve: The approaches (utilitarianism versus libertarianism) produce different results. Utilitarians will let the absolute number of bullets loosed determine policy and regard as madness any other measure of social well-being than fewer killings and woundings. Libertarians will attach an independent value to the small possibility that widespread, lawful gun possession may deter a particular act of violence and regard as impossibly difficult the task of explaining to a widow(er) that it is better that this particular spouse, who might've had a fighting chance if armed, was killed or injured so that two other, innocent victims not have died (or been injured) elsewhere because there were more guns on the street.

Before I had children (or married), I had great sympathy for the utilitarian argument; as long as it was just my life at risk, I was willing to forgo self-protection in order to reduce the number of others injured. After vows (and parenthood), I see clearly the libertarian argument--and cannot go back. I feel confident that I could tell another grieving parent or spouse, face-to-face, that I would not welcome his or her loved one back to life if it meant I could not acquire a firearm to protect mine from a similar fate. Hard, yes.

Not for one second do I suggest that wider-spread gun ownership would produce lower levels of violence (not for one second do I dismiss the possibility); I am suggesting that there is a widespread (and legitimate) viewpoint that higher levels of violence are intellectually and morally defensible (at least insofar as you allow me, or yourself, the moral latitude to prefer the death of a stranger to a familiar).

Incidentally, consider that this split (utilitarianism versus libertarianism) is an organizing principle of American society since its founding in the 1600's and has application in many analyses of public policy debates: For example, is the purpose of unbridled free enterprise (which includes as a subset, but is not identical to, capitalism) to produce the greatest good for the greatest number (per capita income, perhaps), or opportunities to become wealithy, even if others around you wallow in (relative) poverty? If you think the question silly (or its answer obvious), you may want to ask the question differently: Is it more important that Americans be materially well-off, or free?

July 06 2010 at 2:16 PM Report abuse -1 rate up rate down Reply
1 reply to biedachris's comment
davidrdogbow

Where has there ever been a decrease in crime due to a ban on firearms? Please cite me the study as opposed to "saying" there's a study like liberals tend to do so.

When you are searching for it, please pay attention to the thousands of studies that show the exact opposite of what you are searching for.

Also, please explain to me how the second ammendment is meant solely for self-defence from thugs? Pretty sure it is mainly meant to prevent the government from overstepping its powers. But hey, I can just read english and use logic and reason, what do I know?

July 06 2010 at 3:36 PM Report abuse +4 rate up rate down Reply
pmaz56

As I look at it. We have laws to check the buying of guns in place. What we need is to have the illeagle weapons coming in from Mexico stopped. Every day AK-47's come over our borders. They are bought by crooks just to kill. The money goes to crooks to but more. This is not white or black this is only green. The profit level is high so they will keep doing it. Full gun control is an act done by leaders like Hitler. I own pistols and rifles myself. I've never shot anyone, just like millions in this country. The focus needs to be on the source of blackmarket guns and leave the people that follow the rules.

July 06 2010 at 2:12 PM Report abuse rate up rate down Reply
dc walker

I carried a weapon for 26 years and I never needed it but the one time I didn't have it with me I was asked for money at a Maryland rest area and was afraid to say no. With a gun I would have said no and if the guy took it further I would have shot him. When the next gun show comes to town I plan on buying another.

July 06 2010 at 1:30 PM Report abuse +3 rate up rate down Reply
1 reply to dc walker's comment
andrc657

That criminal might have grabbed your gun and shot you. I think God was telling you something.

July 06 2010 at 1:58 PM Report abuse -3 rate up rate down Reply
glers

We should worry about Monsanto who Clarence Thomas used to work for and how the supreme court rules in favor of Monsanto in their attempts to control the world's food crops

July 06 2010 at 12:52 PM Report abuse +1 rate up rate down Reply

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