http://youtu.be/AbFW-Xe02Sc
Published on Mar 14, 2013
The question that I would pose to the senior senator from California is," Cruz said, referring to Feinstein, "Would she deem it consistent with the Bill of Rights for Congress to engage in the same endeavor that we are contemplating doing with the Second Amendment in the context of the First or Fourth Amendment, namely, would she consider it constitutional for Congress to specify that the First Amendment shall apply only to the following books and shall not apply to the books that Congress has deemed outside the protection of the Bill of Rights?"
"Likewise, would she think that the Fourth Amendment's protection against searches and seizures could properly apply only to the following specified individuals and not to the individuals that Congress has deemed outside the protection of the Bill of Rights?" he added.
Apparently, Sen. Feinstein was not amused with the Texas senator's line of questioning.
"I'm not a sixth grader," said responded. "Senator, I've been on this committee for 20 years. I was a mayor for nine years. I walked in, I saw people shot. I've looked at bodies that have been shot with these weapons. I've seen the bullets that implode. In Sandy Hook, youngsters were dismembered. Look, there are other weapons."
"I've been up — I'm not a lawyer, but after 20 years I've been up close and personal to the Constitution. I have great respect for it. This doesn't mean that weapons of war and the Heller decision clearly points out three exceptions, two of which are pertinent here."
"Likewise, would she think that the Fourth Amendment's protection against searches and seizures could properly apply only to the following specified individuals and not to the individuals that Congress has deemed outside the protection of the Bill of Rights?" he added.
Apparently, Sen. Feinstein was not amused with the Texas senator's line of questioning.
"I'm not a sixth grader," said responded. "Senator, I've been on this committee for 20 years. I was a mayor for nine years. I walked in, I saw people shot. I've looked at bodies that have been shot with these weapons. I've seen the bullets that implode. In Sandy Hook, youngsters were dismembered. Look, there are other weapons."
"I've been up — I'm not a lawyer, but after 20 years I've been up close and personal to the Constitution. I have great respect for it. This doesn't mean that weapons of war and the Heller decision clearly points out three exceptions, two of which are pertinent here."
"Senator, I've been on this committee for 20 years. I was a mayor for nine years. I walked in and I saw people shot. I've looked at bodies that have been shot with these weapons. I've seen the bullets that implode. In Sandy Hook, youngsters were dismembered." Sen. Feinstein is of course a long standing supporter of gun violence prevention. From her personal experience with assassination of Harvey Milk in California--Feinstein has been actively fighting for better gun violence prevention. This isn't the first time she's been attacked for her views. For years, Feinstein has faced off against the NRA and gun lobbyists. When Sen. Cruz attempted to undermine her position, she quickly responded.
'I Am Not A Sixth Grader': Sens. Feinstein, Cruz Spar On 2nd Amendment
Earlier today, the Senate Judiciary Committee approved legislation banning assault weapons and high-capacity ammunition clips.
The legislation is written by Sen. Dianne Feinstein, a Democrat from California, and as expected, the bill was sent to the full senate with a strictly party-line vote.
But before the vote, Feinstein had a tense exchange with Texas Republican Sen. Ted Cruz.
YouTube
In a question to Feinstein, Cruz tried to draw a parallel between the First and Second Amendments. He asked if Feinstein would "consider it constitutional for Congress to specify that the First Amendment shall apply only to the following books and shall not apply to the books that Congress has deemed outside the protection of the Bill of Rights."
The context, of course, is that Feinstein's legislation bans 157 different models of assault weapons and magazines that can hold more than 10 bullets.
Feinstein reacted to question viscerally.
"I'm not a sixth grader," Feinstein said. "Senator, I've been on this committee for 20 years. I was a mayor for nine years. I walked in — I saw people shot. I've looked at bodies that have been shot with these weapons. I've seen the bullets that implode. In Sandy Hook, youngsters were dismembered."
Feinstein did eventually explain that "there are different tests for different amendments."
Feinstein said that her legislation would pass the tests set fort in the Supreme Court's District of Columbia v. Heller, for which Justice Antonin Scalia — one of the court's most conservative judges — wrote the majority opinion for.
Tom Goldstein of SCOTUSblog writes that with the decision, the court said the Second Amendment provides individuals a "right to possess a basic firearm (the line drawn is unclear, but is basically those weapons in general lawful use and does not extend to automatic weapons) and to use that firearm in self-defense."
Cruz pressed Feinstein, asking her if it was then the job of Congress to determine what kinds of guns are legal or what kinds of books are legal.
Feinstein said it was the job of Congress to legislate and the job of the Supreme Court to interpret the laws. Should this bill become law, she said she fully expected it to survive a Supreme Court challenge.
By the way: This is not the first time Cruz, a freshman senator, has rankled the Washington establishment. Talking Points Memo reports that in February, Sen. Bill Nelson, a Florida Democrat, went after him for going "over the line" in his criticism of Defense Secretary Chuck Hagel.
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