Explore The NRA Universe Of Websites

APPEARS IN News

Sen. Joe Manchin Reveals Gross Contempt for U.S. Constitution

Thursday, June 16, 2016

Sen. Joe Manchin Reveals Gross Contempt for U.S. Constitution

“Due process is killing us right now.”

No, those aren’t the translated words of an officer of the East German secret police or a Soviet commissar; that comment was uttered by United States Senator Joe Manchin (D-W.V.).  When Manchin assumed office on November 15, 2010, he took an oath to “support and defend the Constitution of the United States against all enemies, foreign and domestic.” Given his outward hostility to a foundational tenet of our constitution, the manner in which Manchin could most effectively uphold his oath would be to limit himself to a single term.

On Thursday, Manchin took to MSNBC’s “Morning Joe” to talk about ongoing efforts to restrict the Second Amendment rights of Americans. The discussion centered around legislative proposals that would extinguish the Second Amendment rights of those the federal government merely suspects, correctly or incorrectly, of having some sort of connection terrorist activity. Manchin explained:

The problem we have, and really the firewall we have right now is due process. It’s all due process. So we can all say we want the same thing, but how do we get there? If a person is on a terrorist watch list like the gentleman, the shooter, in Orlando, he was twice by the FBI. We were briefed yesterday about what happened, but that man was brought in twice. They did everything they could. The FBI did everything they were supposed to do. But there was no way to keep him on the NICS list or keep him off the gun-buy list. There was no way to do that … due process is what’s killing us right now.

The Fifth Amendment to the U.S. Constitution restricts the federal government, making clear, “No person shall… be deprived of life, liberty, or property, without due process of law.” The Fourteenth Amendment restricts the power of the states in a similar manner, guaranteeing that a state may not “deprive any person of life, liberty, or property, without due process of law.” The principle outlined in these amendments dates back to 1215 and Magna Carta. Rather than viewing these vital long-standing protections as essential to our free society, Manchin appears to view them as a hindrance that must be overcome.

To be sure, due process does impose a severe obstacle to autocrats. The Fifth and Fourteenth Amendments’ due process protections serve to protect every right enjoyed by every American, making clear that none of our rights may be dispensed with in an arbitrary manner. In most contexts, prior to stripping a person of their rights, the government must provide an individual with notice and an opportunity to be heard, and there must be a neutral decision maker involved.

Many outlets have picked up on, and rightly criticized, Manchin’s contention that due process is a unfortunate hurdle to violating rights. However, other portions of his statement are similarly troubling and display a lack of basic understanding of the Constitution he swore an oath to defending.

Manchin noted, “The FBI did everything they were supposed to do. But there was no way to keep him on the NICS list or keep him off the gun-buy list.” Is Manchin under the impression that in order to purchase a firearm Americans must be placed on a list that permits them to do so? Is he suggesting that this should be the case?  If so, we would suggest a remedial course in the basic structure of federal firearms law.

Under current law, an individual seeking to purchase a firearm from a retailer provides identifying information on a Form 4473, which is then used to conduct a background check using the FBI’s National Instant Criminal Background Check System (NICS). If the government does not have information that you are disqualified from firearm ownership, then the sale may proceed. The government is not tasked with finding that you are eligible to possess a firearm, the government has the burden of finding that you are ineligible to possess a firearm. Rather than the government affirmatively granting you the ability to exercise your rights, the government must prove certain factors in order to restrict those rights.

The current battle to diminish due process protections implicates far more than just the right to keep and bear arms. This is why principled individuals from across the political spectrum have recognized the dangerous erosion of due process that some of the current legislative proposals represent. ACLU National Security Project Director Hina Shamsi wrote in regards to using secret lists to bar gun ownership, “standards for inclusion on the No Fly List are unconstitutionally vague, and innocent people are blacklisted without a fair process to correct government error.” Civil liberties journalist and commentator Glenn Greenwald wrote in a piece for the Washington Post, “That Democrats, who once found such due-process-free no-fly lists appalling, now seek in the wake of San Bernardino and Orlando to expand their use to ban gun purchases illustrates how easily terror attacks induce an abandonment of reasoned analysis.”  An abandonment of reasoned analysis, indeed.

With his recent comments, Manchin has displayed a gross disrespect for one of the most basic protections our constitution affords. Sadly, given the clamor in the U.S. Congress for renewed gun control measures, this disrespect appears to infect more than just a few of our elected representatives.

TRENDING NOW
Pervasive Surveillance and Data Storage an Emerging Concern for Gun Owner Privacy

News  

Monday, October 5, 2026

Pervasive Surveillance and Data Storage an Emerging Concern for Gun Owner Privacy

Americans have willingly, and sometimes unwillingly, surrounded themselves with technology that watches, listens, records, and remembers. Cars know how and where we drive. Phones track just about everything in our daily routines. 

Creating Crimes Out of Thin Air: Federal Bill Seeks to Treat Air Guns as Firearms

News  

Monday, October 5, 2026

Creating Crimes Out of Thin Air: Federal Bill Seeks to Treat Air Guns as Firearms

A new bill introduced in Congress proposes to regulate “lethal air guns” as firearms under the Gun Control Act of 1968, as amended (GCA). Yet the risk of fatalities and criminal misuse from air guns ...

Bad Faith: Gun Controllers Seek to Enlist Clergy in Firearm Confiscation Efforts

News  

Monday, October 5, 2026

Bad Faith: Gun Controllers Seek to Enlist Clergy in Firearm Confiscation Efforts

It’s often been said that gun control is really about people control. Understanding this, the megalomania gun control advocates exhibit in their never-ending pursuit to control others displays a zealotry often associated with religious fundamentalism.

St. Louis Housing Authority Evicts Man Who Police Say Acted in Self-Defense

News  

Monday, October 5, 2026

St. Louis Housing Authority Evicts Man Who Police Say Acted in Self-Defense

While the state of Missouri is considered a pro-Second Amendment state—including having Constitutional Carry—the City of St. Louis has a tendency to try to go its own way on the matter. The recent case of ...

Virginia Gun Shops Brace for the New Jerseyfication of the Commonwealth

News  

Monday, September 28, 2026

Virginia Gun Shops Brace for the New Jerseyfication of the Commonwealth

Jay Jones, the anti-gun but pro-bullets to the head Virginia attorney general, announced on September 15 the creation of the Firearms Accountability & Industry Responsibility (FAIR) Unit within the Civil and Criminal Justice & Public ...

The New Battleground for Second Amendment Rights: Global Online Content

News  

Monday, October 5, 2026

The New Battleground for Second Amendment Rights: Global Online Content

Artificial intelligence (AI) chatbots – computer programs on websites, messaging apps, and social media platforms designed to simulate human conversation through text or voice – are now ubiquitous. Asked how widespread AI usage is, a ...

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Ban on Firearms Possession by Nonviolent Felons

Thursday, October 1, 2026

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Ban on Firearms Possession by Nonviolent Felons

Today, the National Rifle Association, joined by the Firearms Policy Coalition and Second Amendment Foundation, filed an amicus brief urging the U.S. Supreme Court to hear a challenge to the federal lifetime prohibition on firearms ...

Support of Self-Defense for Law-Abiding Citizens Continues to Spread Globally

News  

Monday, September 28, 2026

Support of Self-Defense for Law-Abiding Citizens Continues to Spread Globally

In spite of some countries deciding they cannot trust their own citizens with firearms, other countries seem to be rejecting this policy…at least a bit.  

California: Newsom Takes One Last Shot at the Second Amendment as Governor

Monday, September 28, 2026

California: Newsom Takes One Last Shot at the Second Amendment as Governor

On Saturday, Governor Gavin Newsom inked his signature to six anti-gun bills, continuing his attack on law-abiding gun owners as he closes his final months as the Governor of California. Since taking office in 2019, ...

U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

News  

Wednesday, September 23, 2026

U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

On September 17, the Department of Justice’s Office of Legal Counsel (OLC) issued a memorandum opinion to answer the question “whether restricting young adults from buying firearms comports with the Second Amendment as the Supreme ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.