When Constitutional Rights Compete?

January 16th, 2013

From the President’s remarks today, which address what happens when First Amendment rights are in conflict with Second Amendment rights:

OBAMA: This is the land of the free, and it always will be. As Americans we are endowed by our Creator with certain unalienable rights that no man or government can take away from us. But we’ve also long recognized, as our founders recognized, that with rights come responsibilities.

Along with our freedom to live our lives as we will comes an obligation to allow others to do the same. We don’t live in isolation. We live in a society, a government for and by the people. We are responsible for each other. We have the right to worship freely and safely; that right was denied to Sikhs in Oak Creek, Wisconsin. The right to assemble peacefully; that right was denied shoppers in Placimus (ph), Oregon, and moviegoers in Aurora, Colorado.

That most fundamental set of rights to life, liberty and the pursuit of happiness, fundamental rights that were denied to college students at Virginia Tech and high school students at Columbine and elementary school students in Newtown; and kids on street corners in Chicago on too frequent basis to tolerate; and all the families who never imagined they’d lose a loved one to — to a bullet, those rights are at stake. We’re responsible.

I think this is a false dichotomy, but it always interests me when the President attempts to make constitutional arguments to support his policy objectives.