WASHINGTON, DC – According to a report from Infowars, Democratic Rep. David Cicilline claimed that Constitutional rights are “bullshit” when it came to debating the topic of gun control in the wake of numerous mass shootings that have occurred across the United States in recent weeks.
The Democratic congressman from Rhode Island made the profane assertion while discussing red flag laws in the House, claiming that defending the Constitutional rights of Americans is tantamount to “bullshit.”
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“Imminent danger to themselves and others, such as they might commit mass murder, have a Constitutional right to access a firearm. And to deny them that right would, quote, ‘trample on an individual’s due process and Second Amendment rights.’ You know who didn’t have due process? You know who didn’t have their Constitutional right to life respected? The kids at Parkland, and Sandy Hook, and Uvalde, and Buffalo, and the list goes on and on. So spare me the bullshit about Constitutional rights.”
Republican congressman Matt Gaetz attempted to interject, asking, “Will the gentleman yield?” However, Rep. Cicilline snapped back, saying, “No, I will not yield, and I’m not going to yield for my entire five minutes, so don’t ask again.”
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The topic of red flag laws is quite contentious, considering that they indeed do present conflicts with the Constitution – not solely because of the manner in which they impact the Second Amendment, but red flag laws run at odds with both the Fifth and Fourteenth Amendments regarding the right to due process.
According to the 1950 Supreme Court decision in Mullane v. Central Hanover Bank & Trust Co., the cryptic language surrounding the Fourteenth Amendment guaranteeing due process when life, liberty, or property was at stake (specifically property in this case) was clarified to define due process as consisting of notifying a party, allowing a hearing on the matter where the party can contest the substance of the arguments presented, and an impartial tribunal to adjudicate the matter.
Whereas in the world of red flag laws, none of the aforementioned steps are remotely entertained when depriving a citizen of their lawfully owned firearms.
Instead, red flags laws operate predominantly off of law enforcement intelligence and/or received complaints about an individual and result in the person in question having their firearms taken away from them despite not being charged with any criminal offense or even having had an opportunity to contest the assertions that led to their deprivation of personal property.
With the manner in which red flag laws are currently structured, not only are there Constitutional conflicts but they are also fashioned in a way that leaves them ripe for being abused.
Joe Biden has also already issued the call to members of Congress to reinstate the 1994 “assault weapons” ban, as well as crafting red flag laws.
And for the record, is pro-choice so his entire due process argument is bullshit.
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Author Gregory Hoyt