SEN. JON KYL, R-ARIZ.:
... Fourth, Senator Kennedy said that Senator Ashcroft, and again I'm quoting, "is so far out of the mainstream that he has said that citizens need to be armed in order to protect themselves against a tyrannical government," end of quotation. Now, the way that that charge was made, made it sound very irresponsible for anyone to take such a position and it made it sound like this was something that Senator Ashcroft was very concerned about and, therefore, very much distorted his views.
The charge was obviously out of context. The correct context — and this is something that Senator Ashcroft did not have an opportunity to respond to. If my characterization is inaccurate, I ask him to please to add to what I say. But the remarks that he's referring to, I believe, are those that occurred before a hearing of the Constitution Subcommittee of this committee, which Senator Ashcroft chaired, and during which he observed that the Second Amendment conferred individual rights upon citizens.
And here is his quotation, the full quotation from that hearing — it was a resuscitation of the views of James Madison the father of our Constitution — and here's what Senator Ashcroft remarked: "In Federalist 46, James Madison, who later drafted the Second Amendment, argued that the advantage of being armed, which the Americans possessed over the people of almost every other nation, would deter the new central government from tyranny," end of quotation.
As we know, James Madison was the primary author of much of the Constitution. And I frankly think it's a stretch to consider the founders and James Madison out of the mainstream, but don't take it from me.
Senator Feingold, during his questioning, among other things, said this — and this is a quotation from the transcript: "I listened carefully to every word you," meaning Senator Ashcroft, "said. And I reserve the right to change my mind after the transcript, but I believe I agree with every single word you've just said." Continuing the quotation, "The purposes of the Second Amendment includes self- defense, hunting, sport, and some certainly would say, as would I, the protection of individual rights against a potentially despotic central government. The Second Amendment was clearly intended to counterbalance a distrust of and to protect the right to defend against an oppressive government."
Mr. Chairman, while there is certainly room for us to debate Second Amendment and gun control issues — and we've had robust debates about that — I think it goes too far to characterize a position that was held by President Madison, Senator Ashcroft, Senator Feingold and a lot of other scholars on the issues, as outside the mainstream.
KYL: And, in fact, I suggest it may say more about Senator Kennedy's locus in the spectrum of American public opinion.
Fifth, Senator Kennedy said that Senator Ashcroft, quote, "opposes virtually all gun control laws." And he had some opportunity yesterday to explain his view that that is not true and to further expand in his answer to Senator Feinstein just a moment ago. He supports the Brady law; voted to require mandatory background checks for all gun purchases at gun shows; to prohibit firearms in a school zone; to prohibit those convicted of domestic violence from possessing a firearm; drafted the juvenile assault weapon ban that passed the Senate 92 to 2; and supports President-elect Bush's policies to aggressively prosecute those who buy guns illegally, sell them illegally or commit crimes with guns. ...
