Welcome to Ask Popehat!, the feature where we take your questions on topics ranging from law to ethics to proper child rearing, and give sensible easily digested answers that you can share with friends and family at the dinner table. For this edition, we'd like to welcome Senator Joe Manchin of West Virginia. As the distinguished former Governor and Attorney General of the Mountain State, Senator Manchin has graciously agreed to provide his wisdom on the difficult job of upholding the Constitution during times of emergency and civil strife. Our question to Senator Manchin comes from Edith H., of Anchorage Alaska.
Dear Senator Manchin:
I was shocked and heartbroken at this week's deaths at Pulse Night Club in Orlando, though I'm still learning the facts. Like a lot of Americans, I'd like to know how the shooter was able to get his hands on a semi-automatic rifle when he'd been investigated by the FBI, not once but twice. Wasn't that a crime? Shouldn't the government have prevented him from obtaining a dangerous weapon, just to be sure?
Edith in Anchorage.
Thank you for your questions. Like you, I was dismayed to wake up Sunday morning to see news of this tragedy. And let me tell you, as a former prosecutor, once I recovered from my grief I turned to the first question anyone should ask when tragedy occurs:
Who is responsible?
There are many we could blame for this atrocity, starting with the obvious: the shooter himself. By all accounts Omar Mateen was a psychopath, with deeply strange sexual hang-ups and a twisted, murderous interpretation of his religion. Some would say that alone explains his awful crimes, and that we should be thankful he's no longer around. That's what many ordinary people would say. But as a former prosecutor, and a United States lawmaker, my job is to probe deeper, to prevent tragedies of this sort from occurring again. And I'm glad to say that I have found the true culprit behind these crimes. That culprit is the United States Constitution.
Now don't get me wrong: I'm a big fan of the Constitution, in many respects. I'm a great admirer of Article I, which gives United States Senators, like myself, the power to maintain a Journal of Proceedings. And to be compensated by law for our service to this great nation. As well as to provide and maintain a Navy. Did you know that even though West Virginia is landlocked, the Navy keeps our rivers free of pirates? God bless our beautiful mountain streams. And God bless the United States Navy.
But as much as I love our brave fighting sailors, the Constitution is a deeply flawed document, which has been twisted even further by bleeding heart judges and corrupt defense attorneys for criminals. Why, did you know that the Constitution says, at least according to some, that a criminal's life, liberty, and property cannot be taken away without "due process of law?"
I was gobsmacked when I first heard that.
You see, some judges, bless their hearts, have gotten it into their heads that we in the United States Senate cannot pass a law to keep potential troublemakers from getting into mischief, or sending them to prison, or taking away their possessions, unless a judge (naturally) and jury have said they actually broke some other law that was already on the books? That's what "due process of law" means.
That's what killed those poor people in Orlando. And it's killing us all.
Edith, as a United States Senator, my job is to keep good Americans like you safe from all enemies foreign and domestic. But as powerful as I am, in some ways my hands are tied. How can I keep you safe from an enemy domestic if I can't order him locked up for your own protection? Or maybe we don't want to actually, you know, put him in jail. Maybe we just want him to shut the funk up, pardon my French. There are a lot of dangerous weirdos out there, saying stupid things that give dumb people the wrong idea about America. Why should they be able to spout off at will, if we in the Senate have determined they're wrong? Why should they be able to buy a gun, if the brave men and women of our Federal Bureau of Investigation think they may be up to no good, some day?
I'll tell you why. It's because pointy-headed judges have arrogated to themselves the power to interpret our sacred Constitution, a job that's reserved to the Senate. Our founding fathers, men like Aaron Burr, our third Vice President, and Jefferson Davis, a great Senator from Mississippi and a brave Secretary of War, didn't hold with toxic notions like this "due process of law." And neither should we.
Of course, Edith, I'm not suggesting that we should put ordinary Americans on lists of people whose rights aren't protected. I love our rights, and I know you do too. We'd never keep you from exercising your God-given right to own a hunting rifle, and to shoot as many turkeys as federal regulations permit. West Virginia is prime turkey-hunting country. If you and your husband enjoy the excitement of turkey shoots as much as I do, we'd love to show you some Mountain State hospitality at our fine hunting resorts.
No, I'm speaking of them, Edith. People who don't love America the way you and I do. I think you know who they are. They're out there, in the mosques and madrassas and "civil liberties" rallies, plotting the downfall of our great nation, and speaking ill of our ancient institutions, like the United States Senate, the greatest legislative body in the world. And one day, if they're not stopped, they'll each of them shoot up a hundred night clubs. Unless we stop them from owning firearms, for their own good, and our own protection.
Kindest regards, and God bless our United States Navy,