Ranking Member Jamie Raskin opening statement

House Committee of the Judiciary
69 followers
Mar 5, 2025
Hearing: The Right to Self Defense
Subcommittee on Crime and Federal Government Surveillance
thank you kindly Mr chairman um just on
that interesting point you raised at the
beginning um I I think we stand by our
math there are more than 50,000 gun
dealer licenses in America more than
6,000 pawn broker licenses and more than
20,000 manufacturer licenses who each
have the right to directly sell from
their unique physical locations and that
does add up to more than the various
fast food outlets and uh so on that we
identified but we we submit for the
record the exact arithmetic I'm glad
that uh you at least implicitly seem to
uh agree that uh if true this is a
shocking statistic that there are that
many gun violence dealers in the country
um in 2022 shocking levels of gun
violence caused Congress to come
together after Decades of inaction to
pass the first major piece of gun safety
legislation in 28 years ever since
President Biden signed the bipartisan
for communities act into law and with
the efforts of the ATF we've made
substantial gains in reversing the gun
violence
epidemic um we ended 2024 with a
25% drop in Nationwide homicides
compared to 2022 and of course Firearms
are involved in more than 80% of murders
in the country according to the office
of gun violence prevention's one-year
progress report in September of last
year more than 600 defendants had been
charged under our new gun trafficking
and straw purchasing laws and 900
firearm transfers to people under the
age of 21 were prevented by enhanced
background checks the key point is that
this law and other Biden Administration
regulations saved thousands of lives
contributing to
3500 fewer murders between 2023 and 2024
without ever once infringing on the
Second Amendment and we know that
because the Supreme Court never
invalidated any part of the bipartisan
safe communities act or any other Biden
Administration gun safety rule as a
violation of the Second Amendment on the
contrary they've all been deemed to be
constitutional yet our colleagues
continue to insist that Common Sense gun
safety laws of this type violate the
Second Amendment but the Second
Amendment doesn't protect the right of
access to a firearm without a violent
criminal background check or the right
to purchase machine guns or military
style assault weapons the Supreme Court
uh including uh in the DC versus heler
decision has repeatedly stated that
reasonable regulations of firearms to
protect Public Safety are consistent
with the Second Amendment um but our
colleagues want to preempt state and
local law and force Americans to accept
more dangerous weapons in their
Community all under the guise of
protecting the Second Amendment I
challenge my colleagues to explain how
any of the Biden Administration reforms
actually violate the Second Amendment
because no court ever said they did the
problem is that some of our colleagues
have completely deformed and misstated
what the Second Amendment stands for
their now Infamous insurrectionist
Theory says that the second amendment
gives you the right to overthrow the
government our former colleague Matt
Gates said the Second Amendment quote is
about maintaining within the citizenry
the ability to maintain an armed
Rebellion against the government if that
becomes necessary this purported right
to overthrow the government means that
the people must enjoy access to
Munitions equivalent to that of the
Arsenal possessed by the government as
my friend representative chip Roy says
the second amendment was quote designed
purposefully to empower the people to
resist the force of tyranny used against
them and my friend Lauren bobert says
that the Second Amendment quote has
nothing to do with hunting unless you're
talking about hunting tyrants maybe
despite all of this pseudo revolutionary
rhetoric about how the Constitution
provides a right of civil Insurrection
the actual constitution in a half dozen
different places treats Insurrection and
Rebellion not as protected rights but as
serious and dangerous offenses against
our government and against our people
article one gives Congress the power to
call forth the militia to execute the
laws of the Union suppress insurrections
and repel invasions the Republican
guarantee clause in article 4 tells the
US to guarantee a republican form of
government to the states and protect
them quote against domestic violence
these Provisions followed Shea's
rebellion and armed Uprising in
Massachusetts in the 1780s which the
founders strongly condemned and which
influenced the writing of the
Constitution the Constitution thoroughly
rejects the right-wing fantasy that
random bands of disgruntled citizens can
ca can claim the powers of a militia to
commit violent acts against the police
um Article 1 Section 8 Clause 16
reserves quote to the states
respectively the appointment of the
officers and the authority of training
the militia according to the discipline
prescribed by Congress
this intergovernmental cooperation is
how we come to have what the Second
Amendment calls for in its first Clause
a well-regulated militia this means well
regulated by the government as the
Supreme Court has repeatedly said the
proud boys and oathkeepers are not a
militia a private militia is a
contradiction in terms in 1886 the
Supreme Court upheld a state law
criminalizing private paramilitary
groups in every state in the Union today
bans private militias a militia is not
the reserve power of the people to
attack the government on the contrary it
is the instrument by which the federal
and state governments can suppress
violent insurrections against the
government now today
um when I point out these problems uh
with their Theory to my distinguished
colleagues they generally fall back on
two responses one is they will quote
Patrick Henry who said Give me liberty
or give me death which is great because
that was a great bumper sticker in the
18th century but Patrick Henry was an
anti-federalist who opposed the
ratification of the Constitution so
that's like quoting speeches by
Jefferson Davis to settle the meaning of
the 14th Amendment they also invoke more
plausibly the American Revolution in the
Declaration of Independence for the idea
that after a long train of abuses and
user ation and AG grieve people have the
right to alter or abolish the bonds
holding them to a tyrannical government
now that's true of course but it's
irrelevant because the revolutionaries
undoubtedly asserted their right not as
a right under the British constitution
or the Magna Carta but is a matter of
natural right to overthrow a tyrannical
government that's very different from
saying the Constitution itself
guarantees the right to have the means
to overthrow the government if you think
that the 2020 presidential election for
example which Joe Biden won by more than
7 million votes 306 to 232 is an
exercise of tyranny akin to King
George's tyranny against the colonist by
all means you can come down and beat up
our police officers and try to overthrow
the government but if we catch you and
we stop you we will prosecute you under
the full force of the law and put you in
jail at least until the next president
decides to pardon the people who've done
that look this fraudulent constitutional
philosophy of insurrectionism is
exacting a brutal toll on the American
people in our social contract by
blockading perfectly reasonable and
constitutional gun safety measures that
are saving lives in America the whole
purpose of the social contract is to
make ourselves safer than we would be in
a lawless state of nature which Hobbs
described as a state of war and yet the
insurrectionist caucus has brought us
gruesome episodes of high-tech military
style violence everywhere in America
from Walmarts to grocery stores to
elementary school class rooms it's time
to reassert the real Primacy of the
Constitution and its real meaning thank
you I yeld back to you Mr chairman
