You are here: HomeU.S. NewsCrimeMcCain Wants “Stand Your Ground” Laws Reviewed, Just Like Obama and Holder
Tuesday, 23 July 2013 11:49

McCain Wants “Stand Your Ground” Laws Reviewed, Just Like Obama and Holder

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Within days of Attorney General Eric Holder and President Barack Obama strongly suggesting that “stand your ground” laws now enacted in more than 25 states be reconsidered, Arizona Republican Senator John McCain (shown) reiterated those same suggestions almost verbatim. First, on Sunday McCain told Candy Crowley on CNN’s State of the Union that while

no one I know of has said [that the Zimmerman verdict] is flawed or corrupt, or that’s there’s anything wrong with the system of justice, I can also see that the “stand your ground” law may be something that needs to be reviewed by the Florida legislature, or any other legislature.

When pressed, McCain said his own state of Arizona, which has enacted a “stand your ground” statute, also ought to look at it again, because “it is a very controversial [piece of] legislation.”

On Monday McCain found himself on Newsmax TV echoing the same sentiment: “There is a great deal of controversy associated with this [stand your ground] legislation and we ought to review the results of it … I’m not making a judgment on [it], I’m just saying it has obviously created a great deal of controversy in this country and it deserves to be reviewed.”

On Tuesday, July 19, AG Eric Holder told an NAACP audience, “It’s time to question laws that senselessly expand the concept of self-defense and sow dangerous conflict in our neighborhoods.” This was followed by impromptu remarks from the president on Friday, in which he mentioned:

I think it would be useful for us to examine some state and local laws to see if they are designed in such a way that they may encourage the kinds of altercations and confrontations and tragedies that we saw in the Florida case, rather than diffuse potential altercations.

Simply put, Republican-In-Name-Only John McCain was acting as an echo chamber for radical positions against laws that have been long been established and defended and promoted successfully for decades. In fact, McCain’s own state of Arizona has a “stand your ground” law that Governor Jan Brewer signed into law and then vigorously defended when asked about it last week: “I support ‘stand your ground.’ I think it’s important. I think it’s a constitutional right.”

So does the Supreme Court. As reviewed here, constitutional scholar and Second Amendment expert David Kopel published his analysis of a dozen self-defense cases that the Supreme Court ruled upon in the 1890s which laid the groundwork for the case — Beard v. United States — that “became the most important armed self-defense case in American legal history, upholding and extending the right to self-defense,” according to Kopel. In that case, decided in 1921, a man named Hermes, who had twice assaulted Brown with a knife and vowed he would kill him the next time, did in fact attack Brown a third time. Brown ran to his coat where he kept a pistol, retrieved it in time to prevent Hermes from stabbing him, shooting him dead instead. Justice Oliver Wendell Holmes, Jr., who wrote the opinion, said:

The right of a man to stand his ground and defend himself when attacked with a deadly weapon, even to the extent of taking his assailant's life, depends upon whether he reasonably believes that he is in immediate danger of death or grievous bodily harm from his assailant, and not upon the detached test whether a man of reasonable prudence, so situated, might not think it possible to fly with safety or to disable his assailant, rather than kill him.…

Many respectable writers agree that, if a man reasonably believes that he is in immediate danger of death or grievous bodily harm from his assailant, he may stand his ground, and that, if he kills him, he has not exceeded the bounds of lawful self-defense. That has been the decision of this Court [in] Beard v. United States.

Detached reflection cannot be demanded in the presence of an uplifted knife. [Emphasis added.]

That final statement has become, according to Kopel, “a part of American folk wisdom, further influencing the tendency of the American mind against retreat.”

But Obama, Holder, and now McCain want to call into question this “controversial” law that has been settled for nearly 100 years and adopted by more than 25 states. Why would they do this? Is there an ulterior motive? If so, is it to “clarify” something that is already crystal clear? Or is there another motive behind turning this molehill into a mountain? Kopel thinks so:

The same moral imperative which is reflected in laws against murder requires that victims be able to use whatever force is necessary to defend themselves and their families from murder attempts.

If the state ignores the moral imperative of self-defense, the state loses its moral authority.

 

Photo of Sen. John McCain (R-Ariz.): AP Images

 

A graduate of Cornell University and a former investment advisor, Bob is a regular contributor to The New American magazine and blogs frequently at www.LightFromTheRight.com, primarily on economics and politics. He can be reached at This email address is being protected from spambots. You need JavaScript enabled to view it. .

9 comments

  • Comment Link Frank Friday, 26 July 2013 07:59 posted by Frank

    This guy is an idiot, being a war hero is no excuse to be a brown noser. That is all he has done since Obama kicked his butt in the 2008 elect. Which was a sad day for America.

  • Comment Link Heidi Preston Thursday, 25 July 2013 13:44 posted by Heidi Preston

    July 29 -Sept 13 2013 Geneva Switzerland...Disarmament conference PART 111......see the connection yet?? No?...do some more research on your part and quit waiting to be spoon fed the information.

  • Comment Link Heidi Preston Thursday, 25 July 2013 13:35 posted by Heidi Preston

    The United Nations memo has been received...LOL. If people can't see it now the connection between the United Nations (it's financial backing from the United Arab banks which grow with each spring uprising and backed by the United Nations and United Kingdom (which is were it's all heading..UNITED KINGDOM which sets the gold twice a day in London under the Rothschild banking system) and the global policies then we truly are a blind society. Our elected officials are mere Muppets. These are sad days indeed.

  • Comment Link rprew Tuesday, 23 July 2013 19:53 posted by rprew

    And the "great and all-powerful" NRA endorsed this clown! He rewarded their misguided confidence in him in 2008 by actively campaigning for his "opponent".

  • Comment Link William B Tuesday, 23 July 2013 19:26 posted by William B

    One more vote here for McCain...being urged to retire. I was in Vietnam too, but I was not a pilot, not shot down, not captured, did not spend time as a POW. For living through that, I admire Senator McCain. For what he has done in the Senate, I do not like him one bit. If there's anything worse than an RINO, it's a senile RINO.

    Adios Juan.

  • Comment Link DRW Tuesday, 23 July 2013 18:13 posted by DRW

    There is a group of politicians that continuously promote globalist policy, and their political affiliation seem irrelevant.. They have become very conspicuous, and continuously promote gun control/disarmament of the population, centralized education/indoctrination, the green agenda, unlimited population control, multiculturalism/diversity, the nullification of national sovereignty/breakdown of national borders, and the growth of centralized government at the expense of individual rights. This group crosses party lines at any expense to form a coalition that furthers the globalist policies being promoted by the U.N. Leadership, and the global elite. Researching their past history in elected office will confirm this observation.

  • Comment Link Tionico Tuesday, 23 July 2013 17:49 posted by Tionico

    Mc Vain... so glad I did NOT give him my vote when he stood for pres. I KNEW he was unfit for service.

    As to this Stand Your Ground nonsense... it was just fine until Al Sharptongue and Eric the Holder decided the "white hispanic" should have NOT shot the "innocent choirboy" who was bashing his head against the sidewalk and promising him he'd die that night. Funny thing.. SYG has NAUGHT to do with the ZImmerman case. It was only the lying media and race baiters who tried to make that connexion. What, should Zimmerman have been forced to get away, then Martin come after him, deck him again, smash his head a few MORE times, before he'd have been justified in shooting? Yes Mc Cain DOES need to be put out to pasture. I'm so sorry to know he'll be getting a fat pension for life. He is not worth it.
    ALL these corrupt politicians are working hard at effecting the orders promulgated by George, King three, back in late 1774. It didn't work then. What makes them think it wil now?

  • Comment Link rprew Tuesday, 23 July 2013 17:04 posted by rprew

    Juan McStain is further proof of what was seen with John Kerry. Being a "war hero" and being a patriot are two things which have absolutely no connection.

  • Comment Link Bobl Tuesday, 23 July 2013 12:48 posted by Bobl

    Senator McCain (CFR) has used his status as a war hero for years to suppress any criticism of his Progressive political beliefs and promotions. It's time for the citizens of Arizona to put him out to pasture.

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