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calendar   Monday - March 03, 2008

The state of RKBA in a nutshell

The Full History and True Meaning of the Second Amendment, along with the Evolution of Gun Control Law through the ages

Kevin over at the Smallest Minority posts a whopper of an essay; Of Law And Sausages is a 13,000 word read worthy of Bill Whittle and worth the hour it takes to read. Believe it or not, this is tight writing. He could have easily made it twice as big.

Back in May of 2003 when I started this blog, I had just begun a months-long debate with an Irishman living in London. The topic of that debate, unsurprisingly, was the Second Amendment. During that debate he asked me a question: “(L)et’s say a liberal government came to power and wanted to ban gun ownership. It would not be able to, because of the Second Amendment, right?”

That’s the question, alright. When the Supreme Court takes up District of Columbia v. Heller (née Parker v. D.C.) in a few days, we may finally get an answer to it.

After starting out with a “state of the state” that shows the very flawed beliefs held today, he then goes on to investigate the Second, citing many examples of Original Intent, and shows how the evolution of gun control laws have developed, with each one standing on the shoulders of the fallacies built by previous legislation, from the original and legally proper, if not poorly reasoned, reaction of the Kentucky legislation to their loss in Bliss v. Commonwealth in 1822, up through Cruikshank, Presser, Miller, Cases, and all the way to DC v. Heller which the Supremes will start looking at in a few days.

So from the founding of a nation in which, according to Thomas Jefferson, it is a citizen’s “right and duty to be at all times armed,” a nation in which St. George Tucker understood that the constitution could not be used to “permit any prohibition of arms to the people,” a nation where in 1857 the Supreme Court declared that the Second Amendment protected a right of citizens “to keep and carry arms wherever they went,” where in 1939 the Supreme Court ruled - not on a defendant’s membership in a militia, but on the suitability of his weapon for militia use, we reached the point where the right of individuals somehow became a right of the States - the famous shift from an “individual rights” understanding to a “collective rights” interpretation. Moreover, “no individual even has standing to challenge any law restricting firearm possession or use.” At least not in the Ninth Circuit (where I happen to live.)

The extinction of the right to arms was almost complete. The meaning of the Second Amendment of the Constitution was altered without the use of the Amendment process - merely by the repeated death-by-a-thousand-cuts judicial re-interpretation, and the power of stare decisis.

Now we reach today, and D.C. v. Heller. The city of Washington D.C., a Federal District under control of Congress and most emphatically not a “state,” passed what is essentially a complete ban on the possession of functional firearms by its (law-abiding) residents in 1975. Because Washington D.C. is not a state, the Cruikshank and Presser Supreme Court decisions do not have any influence - the Second Amendment applies directly to the city government. A lawsuit was brought against the city under the auspices that the gun ban violated the Second Amendment rights of the citizens of Washington, and the case proceeded all the way to the D.C. Circuit Court of Appeals, considered one of the most important circuits in the Appeals Court system for its precedent-setting.

A three-judge panel voted 2-1 that the right to arms IS an individual one (agreeing with the Fifth Circuit) and that the laws in question DID violate the Second Amendment.

The City appealed to the Supreme Court. Cert. was granted. Oral arguments start in just a few days from now.

And we may finally get an answer to the question: “(L)et’s say a liberal government came to power and wanted to ban gun ownership. It would not be able to, because of the Second Amendment, right?”

This is a Most Excellent undertaking on his part. He draws no conclusions at the end, even though we all know what his views are, even though the errors made by poor and specious decisions in the past are readily apparent. I could not have resisted banging the podium in closing, but in truth it isn’t necessary. If you can understand the part of the Second Amendment that says “shall not be infringed” then you can spot the house of cards being built out of whole cloth over the generations. This reference quality piece of work is the best of what blogging can be; Kevin’s essay could just as well be used as an amicus curiae brief for Heller.

A true and proper decision on Heller will overturn 130 years of bogus laws and benighted decisions by the Supremes. Hold your breath. Anarchy and “the Wild West” will not be the result, but a bit of freedom and some honest governing could be. (see? I couldn’t resist giving the bully pulpit at least one whack)


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Posted by Drew458   United States  on 03/03/2008 at 08:43 PM   
Filed Under: • GovernmentGuns and Gun Control •  
Comments (3) Trackbacks(0)  Permalink •  

Why Do You Need A Gun…..at Wendy’s?

Palm Beach Post

Witness: Wendy’s shooter was tall man in business suit

Five people were shot today during lunch time at the Wendy’s on North Military Trail and Cherry Road near West Palm Beach, according to the Palm Beach County Sheriff’s Office.

Two people are dead, including the gunman, who killed himself, according to sheriff’s spokeswoman Teri Barbera. She said a total of five people were shot and three are in critical condition.

The shooting happened at 12:18 p.m.

The Trauma Hawk helicopter has left the scene. Cherry Road is blocked off and victims are being loaded from stretchers onto ambulances. There are dozens of emergency vehicles at the scene.

Witness Jerry Pritcherd, 20, of Fort Myers, said he heard a pop and didn’t realize it was gunshots. He said he was “scared” when he heard about 20 pops and ran out. He said he was 10 feet away from the shooter, who was a tall black man wearing a business suit.

A father and son, Richard and Richard Anon of Miami, were just leaving a John Smith Subs restaurant across Military Trail when they saw customers running out of the Wendy’s. “We thought there was a fight in the parking lot. Everyone was just running out,” said the elder Anon.

They saw two people run outside and collapse in the drive-thru lane. They said police arrived withing two minutes of the shooting and ordered everyone out of the restaurant with their hands up.

Witness Ashley Milton, of Riviera Beach, was just walking into the restaurant when the suspect opened fire. She said the restaurant was starting to get busy and that people started running out.

Asked if she got a good look at the gunman, she said, “No, I was just focused on the gun. I just saw the fire coming from the gun.” She said her ears were still ringing from the gunshots more than an hour after the shooting.

Southbound Military Trail is open, while Northbound Military Trail remains closed in the area between Okeechobee and Belvedere roads.

One man walking around the scene pointed to a tear in his jeans and bottom of a work boot, where a bullet grazed him.

“I was just sitting there eating a burger and the guy started shooting.”


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Posted by Drew458   United States  on 03/03/2008 at 08:15 PM   
Filed Under: • Self-Defense •  
Comments (6) Trackbacks(0)  Permalink •  

Do birds of a feather all sing the same song too?

“Kenya" demands apology over Offensive Pictures

Please folks, stop me if you’ve heard a story like this before recently. Somewhere. Anywhere. Maybe in Denmark perhaps?

Kenyan elders have demanded an apology from Washington ahead of a planned protest over the controversial photograph of the American presidential hopeful Barack Obama in traditional Somali dress.

The picture, which appeared on an American website, showed the Democratic front-runner donning a white headdress and robes during a visit in 2006 to the north-eastern town of Wajir.

The photo took centre stage in an increasingly acrimonious race for the White House, with Mr Obama’s aides accusing his party rival Hillary Clinton’s camp of “the most shameful, offensive fear-mongering” after it was published.

Mr Obama, whose late father was from western Kenya, has fought a whispering campaign by fringe elements who wrongly say that he is Muslim and have even compared his surname to that of al-Qa’ida’s leader, Osama bin Laden.

The dispute has angered many in Kenya who resent the implication that Mr Obama did anything wrong during his visit. Wajir residents plan to demonstrate after Friday prayers today to show their support for the Illinois senator. Mohamed Ibrahim, who attended a crisis meeting in Wajir yesterday by clan members who hosted Mr Obama, said: ”The US government must apologise to us as a clan and the old man. We have been offended and we cannot afford to just watch and stay silent.”

He said it was essential that Mrs Clinton “clear her name” too. The old man in question was the retired chief Sheikh Mohamed Hassan.

If there was no apology, the elders would demand the expulsion of US troops based in the town of Garissa.

But ... oh noooo ... don’t you even go thinkin that O-blama just might have some connection to the islamofascists over there. You know, the ones tearing the country apart over the recent elections, the ones “expressing displeasure and frustration” with the government by barricading Christians in their churches and burning them alive. The ones who just happen to be islamic and who just happen to belong to the Luo tribe. Just like Daddy Obama did.

Nope, can’t think thoughts like that. Cuz if you do, then all these pure innocent African types who all just happen to be named Mo-ham-head, will get their diapers and turbans in a twist over some pictures that just happen to be suddenly offensive. Spontaneous riots in Paris by “troubled youths” scheduled for Thursday.

Nothing to see here, move along.

Story brought to you by the Ostrich News Network


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Posted by Drew458   United States  on 03/03/2008 at 04:14 AM   
Filed Under: • PoliticsRoPMA •  
Comments (3) Trackbacks(0)  Permalink •  

Not worth blogging about

I want to link and post and discuss, but I won’t. It just isn’t worth it anymore.

How many times can I run this story? It’s a darn broken record. Sure, just like all the beauty pagent queens at dinner time, I want “whirled peas” too, but it ain’t never gonna happen over there. In that case, I’ll get behind Israel 247.6%, and say “Bombs Away guys, whenever you want”. After all, “you’re either with us, or with the terrorists” and the palis are unquestionably terrorists. So fry ‘em.


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Posted by Drew458   United States  on 03/03/2008 at 12:13 AM   
Filed Under: • Middle-EastTerrorists •  
Comments (4) Trackbacks(0)  Permalink •  

calendar   Sunday - March 02, 2008

One for the LOST fans

imageimage

Mr. Ecko’s stick and Frank Lapidus’ map (the helicopter pilot): both show course 305 is the way off the island.

But Ben sent Walt and Michael out on course 325 ... wonder what year they wound up in?


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Posted by Drew458   United States  on 03/02/2008 at 04:58 AM   
Filed Under: • Television •  
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calendar   Saturday - March 01, 2008

Vietnam Redux

Hizballah Boosted by Anti-War Westerners

Look like Uncle Ho taught them well. Bastards.

London (CNSNews.com) - Hundreds of anti-war activists attending a meeting here on Thursday night were told that their activism was appreciated by the Lebanese Shi’ite group Hizballah.

With the fifth anniversary of the invasion of Iraq fast approaching, the British Stop the War Coalition is preparing for a massive demonstration in London on March 15.

As part of the run-up, the coalition sponsored an evening with various speakers, including Ibrahim Moussawi, the editor of Al Intiqad, a Lebanese newspaper linked to Hizballah.

In a short speech occasionally interrupted by applause and cheers, Moussawi told his audience that it was the support of the anti-war movement that kept Hizballah going during its brief war against Israel in 2006.

“They appreciate everything you did and say you are partners in victory,” he said.

Berkley and San Francisco are probably the next two stops on Moussawi’s speaking tour. Nah, we’d never let him in the country. I hope.

Another speaker, Hassan Juma’a, head of the Iraqi Oil Workers Federation, said the war had brought nothing but death and destruction to his country.

Speaking through a translator, the union leader charged that U.S. forces were as brutally repressive as the regime of the ousted dictator Saddam Hussein.

Hang on a second. This guy claims the US is as bad as Sod’em was, yet he is the leader of a union? A union where? How many unions were there under Saddam? None, or less?

A controversial bill now stalled in the Iraqi parliament aims to open up the country’s oil industry to outside investment. Juma’a said this would only lead to exploitation by the West.

Lindsey German, one of the chief organizers of the coalition, defended her group’s decision to bring Moussawi to Britain, saying it supported anyone who stood against American “imperialism.”

She said the Stop the War Coalition has kept the war in the public eye and that the government was trying to retaliate by silencing people like Griffin and Moussawi.

“They’re trying to silence them because we have been incredibly effective,” she said. “We have made this a major political issue and we will not go away.”

Wow, how sad is your life when you’re an unknown Cindy Sheehan wanna-be?

source

Not much more here that I can say ... but it sure is good that a nation at war can count on it’s own citizens for support, and not have to worry about them abetting the enemy, or the enemy’s pals.


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Posted by Drew458   United States  on 03/01/2008 at 07:51 PM   
Filed Under: • Stoopid-PeopleTerrorists •  
Comments (3) Trackbacks(0)  Permalink •  

gunboat diplomacy?

US, in Message to Syria, Sends Warship to Lebanon

Jerusalem (CNSNews.com) - A Hizballah parliamentarian accused the United States on Friday of raising tensions in the Middle East after the U.S. sent a Navy warship to a position off the coast of Lebanon. “The American move threatens the stability of Lebanon and the region and it is an attempt to spark tension,” Reuters quoted Hizballah lawmaker Hassan Fadlallah as saying.

Oh give me a break. After all the gargbage that bubbles up over there in that ever simmering violent stew, one little boaty-boat in the water is going to raise tensions?

Fadlallah said Hizballah would not “succumb to threats and military intimidation practices by the United States to implement its hegemony over Lebanon.”

Remind me again, who is it that’s trying to implement hegemony in Lebanon? Could it possibly be a group of terrorists so large that they’ve become part of the government?

He was also quoted in a separate report as saying that the deployment of the U.S. warship “is a proof that the American administration has failed in imposing its policies and hegemony on our region.”

So the ship is there to implement a hegemony that has failed? Yeah Haji, Ok, that makes sense. I think you should cut down on the hashish, just a little.

On Thursday, an official in Washington was quoted as saying that the USS Cole would stay in the area “indefinitely” as a “show of support for regional stability.” The BBC said the warship also serves as a warning to Syria. The U.S. is backing the government of Lebanese Prime Minister Fouad Sinora in its standoff against Hizballah and other pro-Syrian factions in the Lebanese government. Syria is believed by many to be behind a series of assassinations of pro-Western, anti-Syrian politicians and prominent figures over the last three years. National Security Advisor Gordon Johndroe said that President Bush is concerned about the situation in Lebanon, which has not had a president since November. Elections have been delayed 15 times since then - most recently, this week. The BBC said there are fears that the political deadlock could lead to escalating sectarian violence.

Oh ho, now I get it. It’s That Ship. All fixed up and spiffy ... do they think the Cole is looking for payback? Hmm, where is that dog rapist Mohammed Omar al-Harazi these days anyway?

CNS News source


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Posted by Drew458   United States  on 03/01/2008 at 07:30 PM   
Filed Under: • MilitaryTerrorists •  
Comments (2) Trackbacks(0)  Permalink •  

Sign of the times

Who Da Baby Daddy?

Sheez. I’m trying to keep this blog light and interesting, but sometimes the “light” part is a real challenge. Get a load of this one:

At-Home Paternity Tests Coming to a Pharmacy Near You

Who needs Maury Povich when paternity tests are now available at Rite Aid, Meijer and other pharmacies for just $29.99?

The Identigene DNA Paternity Test Collection Kit was first rolled out in Washington State, Oregon and California in November last year, according to Rite Aid spokeswoman Ashley Flower. The company continues to evaluate whether it should expand the kits to other states, she said.

According to the Identigene’s Web site, the tests compare genetic information obtained from cheek swabs collected from both the child and the father. The swabs are then sent to the company’s laboratory along with a $119 lab fee. The results are mailed within five business days.

While the tests are believed to be accurate (the company’s Web site says they’re 99 percent accurate), there are some reasons why women and couples may want to consult a professional laboratory for paternity tests
...
some people, especially married couples, may find the results of paternity tests traumatic.

Gosh, no, really?

Fogg said 60 percent of Identigene’s clients are females. Some users are looking to confirm their own paternity. Almost 30 percent of purchasers buy the test for someone other than themselves, according to the company’s own surveys.

The tests are sold in 1,000 pharmacies nationwide, Fogg said. He said all pharmacies have reported sales and the company is pleased with the interest. The tests are also marketed online and through resellers.

I’m trying so hard not to be an old fart about this. I’m trying really hard to be even handed and not be sexist. But this looks like the Sexual Revolution of the 60s has gone so far that the only thing left is the crows feasting on the eyes of the dead left behind on the battlefield.

Sure, on the one hand it’s really cool that genetic science has progressed to the point that a DNA collection kit can be sold over the counter and a simple test can be quickly and accurately run. The next step would be an “instant” test that would do the job right then and there, without mailing the Qtips in to a lab. Give it a couple years, it’ll happen.

But on the other hand, what does it say about us that such a product exists and is selling so well? Is it the prime example of what Hawthorne would cynically call a “red letter day”? I mean, come on, it was bad enough when Maury and Jerry and all the other sleazebag talk show hosts would drag a bunch of losers out of the hood or the trailer park and subject them to this - oh, plus a makeover - for our beyond-jaded entertainment. But these kits are selling well nationwide. We can no longer sit back in the righteous comfort of our own homes and look down our noses on the human trash on TV. This is everywhere. This is everyone, or it could be. Morality and fidelity are a thing of the past, if they ever really existed at all. “I see it, I want it, I deserve it, I got it”. Actions without consequences, not even thinking about the future until it is far too late.

In a crueller world, picking one of these kits off the store shelf would set off flashing lights and a SLUT ALERT siren. But what’s the point of that anymore, when you’ve got hundreds of thousands of women running to the tattoo parlor to get “tramp stamps” emblazoned on their lower backs, to show off in public, and to give their nameless anonymous mounters (not lovers; there’s no love involved) something to look at while they get it from behind?

We’ve got birth control available in a patch these days. You don’t put the thing on discretely. Hell no, you wear it where it can be seen! You advertise that you’re a free spirited easy lay open to random sexual adventure! It’s cool!! And then one morning you find yourself peeing on a plastic stick and looking for the pink line. And then you decide to be “moral” and have the baby. But still, no worries, you’ve can pick up a little kit in the drug store that will show you who impregnated you. That is, if you can even remember who you’ve been having sex with. If you even knew their names in the first place. And it’s definitely “names”. Plural. You don’t need this kit if you have been fucked by only one guy within the time of your last menstrual cycle. And if you’re going through the boys that fast it isn’t “making love” either. Not by a long shot. My God, the audacity of society, having the nerve to think you would be “true” to just one penis for an entire month. OMFG!!!1! Good thing these kits are available in stores everywhere, right off the shelf. Ooh, I wonder if there’s a coupon in today’s paper? Are they having a Buy One, Get One sale?

We have failed. Utterly. We have raised generations of our daughters without the smallest amount of self respect. No wonder you can’t watch TV for an hour without seeing ads for anti-depression drugs.

source


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Posted by Drew458   United States  on 03/01/2008 at 01:22 PM   
Filed Under: • EditorialsInsanitySex •  
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Oh, and here's some kind of visitor flag counter thingy. Hey, all the cool blogs have one, so I should too. The Visitors Online thingy up at the top doesn't count anything, but it looks neat. It had better, since I paid actual money for it.
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