Please ensure Javascript is enabled for purposes of website accessibility

US Consumer Spending Falls as Trump Tariff’s Muddle Economy

13 hours ago

US Supreme Court Lets Parents Take Kids Out of Classes With LGBT Storybooks

14 hours ago

In Win for Trump, US Supreme Court Limits Judges’ Power to Block Birthright Citizenship Order

15 hours ago

California’s Newsom Sues Fox News for $787 Million for Defamation Over Trump Call

15 hours ago

Motorcycle Collides With Tractor in Fatal Fresno County Collision

15 hours ago

Fourth of July Celebrations Begin Saturday. Here’s Your Fresno Area Guide

18 hours ago

Bill Moyers, Broadcaster and LBJ’s White House Press Secretary, Dies at 91

1 day ago

State Department Approves $30 Million for Gaza Humanitarian Foundation

1 day ago

Cargo Ship That Caught Fire Carrying Electric Vehicles Sinks in the Pacific

2 days ago

4 Million Acres of California Forests Could Lose Protection. What Trump’s ‘Roadless Rule’ Repeal Could Do

2 days ago
Walters: California Politicians Disrespect Our Rights
dan_walters
By Dan Walters, CalMatters Commentary
Published 6 years ago on
April 3, 2019

Share

The Constitution’s very specific list of inviolable human rights sets the United States apart from almost every other nation on Earth.


Opinion
Dan Walters
CALmatters Commentary

“California’s law prohibiting acquisition and possession of magazines able to hold any more than 10 rounds places a severe restriction on the core right of self-defense of the home such that it amounts to a destruction of the right and is unconstitutional under any level of scrutiny.”Federal Judge Roger Benitez
Unfortunately, California’s Democratic politicians tend to ignore the Constitution’s Bill of Rights in their zealous efforts to impose “progressive” dogma on their constituents.
Periodically, therefore, federal judges must remind them that Californians are also American citizens who must have their constitutional rights, even unpopular or politically incorrect ones, respected.
It happened twice last year.
First, the U.S. Supreme Court overturned a California law requiring clinics offering non-abortion alternative services to pregnant women to post notices telling them about the availability of abortions.
“By compelling petitioners to speak a particular message, it alters the content of (their) speech” and thus violates a previously enunciated judicial principle, the majority opinion declared.
Just days later, the Supreme Court did it again, ruling 5-4 that laws in California and other states requiring non-members to pay union dues, a practice known as “agency shop,” violate “the free speech rights of nonmembers by compelling them to subsidize private speech on matters of substantial public concern.”

Violating the Constitution’s Right to ‘Keep and Bear Arms’

Last week, federal Judge Roger Benitez invalidated a California law (Penal Code Section 32310) that makes it illegal to sell or even possess firearms magazines holding more than 10 rounds, the latter provision added by a 2016 ballot measure sponsored by Gov. Gavin Newsom when he was lieutenant governor. The law, Benitez declared, violates the Constitution’s right to “keep and bear arms.”
“California’s law prohibiting acquisition and possession of magazines able to hold any more than 10 rounds places a severe restriction on the core right of self-defense of the home such that it amounts to a destruction of the right and is unconstitutional under any level of scrutiny,” Benitez wrote in his 86-page decision.
The judge sliced and diced every argument that Attorney General Xavier Becerra offered to defend the prohibition, declaring that Becerra offered no credible evidence that the law would make Californians safer.
“Where are the actual police investigation reports?” he asked. “The attorney general, California’s top law enforcement officer, has not submitted a single official police report of a shooting. Instead, the attorney general relies on news articles and interest group surveys. Federal constitutional rights are being subjected to litigation by inference about whether a pistol or a rifle in a news story might have had an ammunition magazine that held more than 10 rounds.”

Becerra Somewhat Tone Deaf on Constitutional Rights

Becerra will probably try to overturn Benitez’s ruling on appeal, and the case may eventually wind up in the U.S. Supreme Court, but Benitez repeatedly cited the court’s previous gun rights rulings as a basis for his decision, implying that the state has little chance of succeeding.

Attorney General Xavier Becerra warned that “unauthorized receipt or possession” of the data is a misdemeanor, and added, “If you do not intend to comply with our request, the department can take legal action.”
So, having seen their abridgments of constitutional rights slapped down, will California’s politicians become more judicious?
They should, but Becerra himself ventured very close recently to violating the right to a free press by demanding that UC-Berkeley’s Investigative Reporting Program return or destroy records of police misconduct that it obtained via a Public Records Act request.
Becerra warned that “unauthorized receipt or possession” of the data is a misdemeanor, and added, “If you do not intend to comply with our request, the department can take legal action.”
That smacks of the “prior restraint” case that the New York Times won in 1971 regarding publication of a secret military history of the Vietnam War known as the “Pentagon Papers.”
Becerra should know better than to threaten journalists, but then as the firearms ammunition case showed, he’s somewhat tone deaf on constitutional rights.
CALmatters is a public interest journalism venture committed to explaining how California’s state Capitol works and why it matters. For more stories by Dan Walters, go to calmatters.org/commentary.
[activecampaign form=19]

DON'T MISS

What Are Fresno Real Estate Experts Predicting for 2025 and Beyond?

DON'T MISS

First California EV Mandates Hit Automakers This Year. Most Are Not Even Close

DON'T MISS

Trump Sends in DOGE to Slash Federal Gun Regulations by July 4

DON'T MISS

Tensions Flare at Announcement of Major Fresno County Gang Takedown

DON'T MISS

Measure C ‘Blackmailed’ As Fresno Enviro Coalition Gets Huge Say on Transportation Tax

DON'T MISS

Despite $49M Deficit, Fresno Unified Gives Top Brass 5% Raise, 3% One-Time Bonus

DON'T MISS

US Consumer Spending Falls as Trump Tariff’s Muddle Economy

DON'T MISS

US Supreme Court Preserves Key Element of Obamacare

DON'T MISS

US Supreme Court Lets Parents Take Kids Out of Classes With LGBT Storybooks

DON'T MISS

Fresno Unified Trustees Will Get Automatic Raises on Tuesday

DON'T MISS

Alleged ‘Fake’ ICE Agents Charged. Fresno Court Date Set

DON'T MISS

In Win for Trump, US Supreme Court Limits Judges’ Power to Block Birthright Citizenship Order

UP NEXT

Tensions Flare at Announcement of Major Fresno County Gang Takedown

UP NEXT

Measure C ‘Blackmailed’ As Fresno Enviro Coalition Gets Huge Say on Transportation Tax

UP NEXT

US Consumer Spending Falls as Trump Tariff’s Muddle Economy

UP NEXT

US Supreme Court Preserves Key Element of Obamacare

UP NEXT

US Supreme Court Lets Parents Take Kids Out of Classes With LGBT Storybooks

UP NEXT

Fresno Unified Trustees Will Get Automatic Raises on Tuesday

UP NEXT

Alleged ‘Fake’ ICE Agents Charged. Fresno Court Date Set

UP NEXT

In Win for Trump, US Supreme Court Limits Judges’ Power to Block Birthright Citizenship Order

UP NEXT

California’s Newsom Sues Fox News for $787 Million for Defamation Over Trump Call

UP NEXT

Motorcycle Collides With Tractor in Fatal Fresno County Collision

Despite $49M Deficit, Fresno Unified Gives Top Brass 5% Raise, 3% One-Time Bonus

10 hours ago

US Consumer Spending Falls as Trump Tariff’s Muddle Economy

13 hours ago

US Supreme Court Preserves Key Element of Obamacare

13 hours ago

US Supreme Court Lets Parents Take Kids Out of Classes With LGBT Storybooks

14 hours ago

Fresno Unified Trustees Will Get Automatic Raises on Tuesday

15 hours ago

Alleged ‘Fake’ ICE Agents Charged. Fresno Court Date Set

15 hours ago

In Win for Trump, US Supreme Court Limits Judges’ Power to Block Birthright Citizenship Order

15 hours ago

California’s Newsom Sues Fox News for $787 Million for Defamation Over Trump Call

15 hours ago

Motorcycle Collides With Tractor in Fatal Fresno County Collision

15 hours ago

Ringo Is Ready to Rock Your World With ‘Pawsitive’ Vibes!

15 hours ago

Trump Sends in DOGE to Slash Federal Gun Regulations by July 4

WASHINGTON — The U.S. Department of Government Efficiency has sent staff to the agency that enforces federal gun laws with the goal of revis...

9 hours ago

American Flag Revolver
9 hours ago

Trump Sends in DOGE to Slash Federal Gun Regulations by July 4

Rob_Bonta_Speaking_At_Press_Conference_1280x720
10 hours ago

Tensions Flare at Announcement of Major Fresno County Gang Takedown

Garry_Bredefeld_Sandra_Celedon_Mesure_C_1280x720
10 hours ago

Measure C ‘Blackmailed’ As Fresno Enviro Coalition Gets Huge Say on Transportation Tax

Fresno_Unified_Raises_1280x720
10 hours ago

Despite $49M Deficit, Fresno Unified Gives Top Brass 5% Raise, 3% One-Time Bonus

Eastern Market in Washington, D.C.
13 hours ago

US Consumer Spending Falls as Trump Tariff’s Muddle Economy

Obamacare Sign in San Ysidro, California
13 hours ago

US Supreme Court Preserves Key Element of Obamacare

Pride Flags Fly in New York
14 hours ago

US Supreme Court Lets Parents Take Kids Out of Classes With LGBT Storybooks

15 hours ago

Fresno Unified Trustees Will Get Automatic Raises on Tuesday

Help continue the work that gets you the news that matters most.

Search

Send this to a friend