I saw an article about Joyce Lee Malcolm today and decided to make her my VIP for this week. I had not
previously heard of her, but
apparently I should be thanking her. According to the article about her, Malcolm is a historian, a professor at George Mason University’s Antonin Scalia
Law School in Virginia, and a leading scholar on the Second Amendment. Malcolm
gets upset when people leap on every school shooting and try to gain political
benefit from it. She thinks that people should have a “cooling-off period”
prior to making decisions.
Malcolm is “a hardened veteran of
the gun-control wars,” but she is not a member of the National Rifle
Association (NRA) nor does she hunt. She does have an old shotgun that she uses
to shoot at clay targets, but she admits that she does not hit many of them.
So, why is she such a strong supporter of the Second Amendment? “Something deep
inside of me says that people never should be victims. And they never should be
put in the position of being disarmed by their government.”
Malcolm’s claim to fame is being the
“lady who saved the Second Amendment.” Her “work helped make possible the
Supreme Court’s landmark Heller decision,
which in 2008 recognized an individual right to possess a firearm.”
While teaching at several schools,
Malcolm did research on a topic important to her. She wanted to know “how the right
to bear arms migrated across the ocean and took root in colonial America. It
seems that this is “an American question” and “American constitutional scholars
didn’t know the English material very well.” Malcolm is not only an American,
but she spent several years in Great Britain. She knew the subject from both
sides of the Atlantic Ocean, and her “research led to a groundbreaking book on
the history of gun rights, To Keep and
Bear Arms. She had a difficult time finding a publisher, but she eventually
had it published by the Harvard University Press.
Malcolm insists that the “individual
right to gun ownership [is] an essential feature of limited government.” In the
preface to her book, she wrote that it is the “least understood of those liberties
secured by Englishmen and bequeathed to their American colonists. … The
language of the Second Amendment, considered perfectly clear by the framers and
their contemporaries, is no longer clear.” She warns that the Second Amendment
right “is a right in decline.”
Admitting that she was a little naïve,
Malcolm was surprised to learn that there were many people who were not pleased
with the findings of her research. She was a Democrat at the time but was
invited by the House Republicans to testify before a subcommittee on crime. Even
though it was not a political issue for her, she learned that it was one for
her fellow Democrats on Capitol Hill. After the hearing, she came to the
following realization: “For some people, opposition to individual gun rights is
an article of faith, and they don’t care about the historical evidence.” She is
now a Republican.
Leftists were doing their best to
destroy Malcolm’s credibility when Heller
was decided in 2008. The 5-4 decision was written by Justice Antonin Scalia,
and he cited Malcolm three times. Scalia was not the only Justice who had read
Malcolm’s work. Heller declared that “Americans
enjoy an individual right to gun ownership.”
Malcolm says, “If we had lost Heller, it would have been a big blow.
Instead, it gave us this substantial right.” She remembers this thought after
the Court ruled: “if I have done nothing else my whole life, I have
accomplished something important.” All supporters of the Second Amendment
should recognize that we owe a debt of gratitude to Malcolm for her excellent
research and her unwillingness to back down on this right to keep and bear arms.
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