March 27: Pink Floyd – Another Brick In The Wall (HQ)

Pink Floyd – Another Brick In The Wall (HQ)

We don’t need no education
We don’t need no thought control
No dark sarcasm in the classroom
Teachers leave them kids alone
Hey teacher leave them kids alone
All in all it’s just another brick in the wall
All in all you’re just another brick in the wall
We don’t need no education
We don’t need no thought control
No dark sarcasm in the classroom
Teachers leave them kids alone
Hey teacher leave us kids alone
All in all you’re just another brick in the wall
All in all you’re just another brick in the wall

From JFK’s Eulogy to Robert Frost

 

This original recording of the speech, while short in length, is endlessly ennobling in substance. Highlights below — please enjoy:

Strength takes many forms, and the most obvious forms are not always the most significant. The men who create power make an indispensable contribution to the Nation’s greatness, but the men who question power make a contribution just as indispensable, especially when that questioning is disinterested, for they determine whether we use power or power uses us.

[…]

Robert Frost coupled poetry and power, for he saw poetry as the means of saving power from itself. When power leads men towards arrogance, poetry reminds him of his limitations. When power narrows the areas of man’s concern, poetry reminds him of the richness and diversity of his existence. When power corrupts, poetry cleanses. For art establishes the basic human truth which must serve as the touchstone of our judgment.

The artist, however faithful to his personal vision of reality, becomes the last champion of the individual mind and sensibility against an intrusive society and an officious state… In pursuing his perceptions of reality, he must often sail against the currents of his time. This is not a popular role…

If sometimes our great artist have been the most critical of our society, it is because their sensitivity and their concern for justice, which must motivate any true artist, makes him aware that our Nation falls short of its highest potential. I see little of more importance to the future of our country and our civilization than full recognition of the place of the artist.

If art is to nourish the roots of our culture, society must set the artist free to follow his vision wherever it takes him. We must never forget that art is not a form of propaganda; it is a form of truth… In free society art is not a weapon and it does not belong to the spheres of polemic and ideology. Artists are not engineers of the soul. It may be different elsewhere. But democratic society — in it, the highest duty of the writer, the composer, the artist is to remain true to himself and to let the chips fall where they may. In serving his vision of the truth, the artist best serves his nation. And the nation which disdains the mission of art invites the fate of Robert Frost’s hired man, the fate of having “nothing to look backward to with pride, and nothing to look forward to with hope.”

Second Amendment: Individual right to possess firearms

Second Amendment

The Second Amendment of the United States Constitution reads: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” Such language has created considerable debate regarding the Amendment’s intended scope. On the one hand, some believe that the Amendment’s phrase “the right of the people to keep and bear Arms” creates an individual constitutional right for citizens of the United States. Under this “individual right theory,” the United States Constitution restricts legislative bodies from prohibiting firearm possession, or at the very least, the Amendment renders prohibitory and restrictive regulation presumptively unconstitutional. On the other hand, some scholars point to the prefatory language “a well regulated Militia” to argue that the Framers intended only to restrict Congress from legislating away a state’s right to self-defense. Scholars have come to call this theory “the collective rights theory.” A collective rights theory of the Second Amendment asserts that citizens do not have an individual right to possess guns and that local, state, and federal legislative bodies therefore possess the authority to regulate firearms without implicating a constitutional right.

In 1939 the U.S. Supreme Court considered the matter in United States v. Miller. 307 U.S. 174. The Court adopted a collective rights approach in this case, determining that Congress could regulate a sawed-off shotgun that had moved in interstate commerce under the National Firearms Act of 1934 because the evidence did not suggest that the shotgun “has some reasonable relationship to the preservation or efficiency of a well regulated milita . . . .” The Court then explained that the Framers included the Second Amendment to ensure the effectiveness of the military.

This precedent stood for nearly 70 years when in 2008 the U.S. Supreme Court revisited the issue in the case of District of Columbia v. Heller (07-290). The plaintiff in Heller challenged the constitutionality of the Washington D.C. handgun ban, a statute that had stood for 32 years. Many considered the statute the most stringent in the nation. In a 5-4 decision, the Court, meticulously detailing the history and tradition of the Second Amendment at the time of the Constitutional Convention, proclaimed that the Second Amendment established an individual right for U.S. citizens to possess firearms and struck down the D.C. handgun ban as violative of that right. The majority carved out Miller as an exception to the general rule that Americans may possess firearms, claiming that law-abiding citizens cannot use sawed-off shotguns for any law-abiding purpose. Similarly, the Court in its dicta found regulations of similar weaponry that cannot be used for law-abiding purposes as laws that would not implicate the Second Amendment. Further, the Court suggested that the United States Constitution would not disallow regulations prohibiting criminals and the mentally ill from firearm possession.

Thus, the Supreme Court has revitalized the Second Amendment. The Court continued to strengthen the Second Amendment through the 2010 decision in McDonald v. City of Chicago (08-1521). The plaintiff in McDonald challenged the constitutionally of the Chicago handgun ban, which prohibited handgun possession by almost all private citizens. In a 5-4 decisions, the Court, citing the intentions of the framers and ratifiers of the Fourteenth Amendment, held that the Second Amendment applies to the states through the incorporation doctrine. However, the Court did not have a majority on which clause of the Fourteenth Amendment incorporates the fundamental right to keep and bear arms for the purpose of self-defense. While Justice Alito and his supporters looked to the Due Process Clause, Justice Thomas in his concurrence stated that the Privileges and Immunities Clause should justify incorporation.

~Legal Information Institute

(Emphasis supplied.)