Currently Browsing: Government
Feb 4, 2015
Our community is often upset, rightly so in my opinion, when police are given special powers that ordinary citizens lack. For the most part, the justification standards for use of force and deadly force is the same for an ordinary citizen as it is for the police officer. Police officers, of course, sometimes have different powers to apprehend, and also have qualified immunity (which is why a citizens arrest is never a smart idea). I think it’s an important tenet of our Republic that all citizens are equal before the law, regardless of whether they are agents of the state or not. I know we don’t often live up to that, but I think that is an ideal to strive for.
So that leads me to question why other people, people who are often agents of the state, need special powers to protect themselves? I could see a bill that prevented a teacher who exercises their right to lawful self-defense from being fired. That’s really just employment law. But it appears the bill says:
… an educator is justified in using force or deadly force on school property, on a school bus or at a school-sponsored event in defense of the educator’s person or in defense of students of the school that employs the educator if, under the circumstances as the educator reasonably believes them to be, the educator would be justified…in using force or deadly force, as applicable, in defense of the educator or students.
I’m not really certain what this even accomplishes, but I admit to being ignorant of any detailed knowledge of Texas self-defense law. The rest of the article leads me to believe that the sponsor of this legislation, Rep. Dan Flynn, is Texas’ very own version of our Daryl Metcalfe. Thinking of it that way puts this in an understandable context.
Jan 6, 2015
As much as I’d like to see someone other than John Boehner elected as speaker, I don’t think that’s going to happen. I think this is engineered so the Tea Party guys can look like they’re getting tough on the leadership, without actually changing anything. If this ends any other way I’ll be surprised. Jim Geraghty notes in today’s Morning Jolt:
The problem in budget negotiations for Republicans is that a) the public isn’t as outraged about wasteful and excessive spending as Republicans and conservatives are; b) the president is a shameless demagogue who commands the bully pulpit; c) most of the media will happily assist the president by blaming Republicans for every school bus full of kids that doesn’t get to visit the Smithsonian during a government shutdown […]
Those factors bedeviled Republicans before John Boehner was Speaker, they have bedeviled them throughout his Speakership, and they are likely to bedevil them for the near future.
And it will bedevil them even if Boehner isn’t speaker. We visited with one of Bitter’s friends who works on the Hill over the holiday, and were discussing the real concern about the base’s expectations for what the GOP can accomplish for the next two years, and whether by 2016 the base is going to be dejected and demoralized for lack of accomplishments, and therefore decide to stay home. Of course, the other choice is to fight, fight, fight, get creamed the press and steamrollered by Obama, and lose the election because LIVs think we’re mean spirited, and Independents get turned off by the whole spectacle. It’s kind of a damned if you do, damned if you don’t situation.
Ideologically, I have some sympathies for the Tea Party position (to whatever degree you can divine exactly what it stands for), but they’ve shown little understanding for how the system works. Maybe it shouldn’t work this way, but it does, and changing it isn’t going to be easy. Sure, I agree Boehner isn’t a guy who’s going to change anything, except maybe the shade of his fake tan, but I’d also be wary of a hard core Tea Party type who’s going to pick all the wrong fights.
UPDATE: Looks like he won the vote count, with 24 voting against. 29 would have been needed to send this to a second ballot.
Sep 8, 2014
This is a 42 minute long interview, but worth your time:
Aug 18, 2014
I haven’t had much to say about the Ferguson situation, because I’m just not sure there are any good guys here. Everyone seems to be acting badly. I’m also glad Mark Steyn channels my major issue about the case, which is why there wasn’t any dash cam:
The most basic problem is that we will never know for certain what happened. Why? Because the Ferguson cruiser did not have a camera recording the incident. That’s simply not credible. “Law” “enforcement” in Ferguson apparently has at its disposal tear gas, riot gear, armored vehicles and machine guns …but not a dashcam. That’s ridiculous. I remember a few years ago when my one-man police department in New Hampshire purchased a camera for its cruiser. It’s about as cheap and basic a police expense as there is…
… In 2014, when a police cruiser doesn’t have a camera, it’s a conscious choice. And it should be regarded as such. And, if we have to have federal subsidy programs for municipal police departments, we should scrap the one that gives them the second-hand military hardware from Tikrit and Kandahar and replace it with one that ensures every patrol car has a camera.
I couldn’t agree more. The state still has to prove its case (should there be one) beyond a reasonable doubt, but that’s going to end up being “he said, she said” rather than hard evidence, thanks to the lack of dash cam footage. In addition to the initial disproportionate response when all this got started, I also think it says something profound about the Ferguson, MO police department that in this day in age it’s elected to forego dash cams.
You don’t seem to hear the media speaking much about the lack of dash cams, probably because they are too busy showing the world what uneducated nitwits they are.
Jul 30, 2014
National Review’s Yuval Levin hits on what I really don’t like about the Obama Administration:
In one sense, the approach the president is said to be contemplating does fit into a pattern of his use of executive power. That pattern involves taking provocative executive actions on sensitive, divisive issues to isolate people he detests, knowing it will invite a sharp response, and then using the response to scare his own base voters into thinking they are under assault when in fact they are on the offensive. That’s how moving to compel nuns to buy contraception and abortive drugs for their employees became “they’re trying to take away your birth control.” This strategy needlessly divides the country and brings out the worst instincts of people on all sides, but it has obvious benefits for the administration and its allies. Liberals get both the substantive action and the political benefit of calling their opponents radicals and getting their supporters worked up. Obama’s legalization of millions would surely draw a response that could then be depicted as evidence of Republican hostility to immigrants, rather than of Republican hostility to illegal executive overreach that tries to make highly significant policy changes outside the bounds of our constitutional order.
It’s not that he’s liberal. I’ve been through liberal presidents in my lifetime. Despite Clinton being far more damaging on guns than Barack Obama could ever dream of, I never developed the visceral dislike of Clinton Administration that I have for the Obama Administration. Maybe that’s partly psychological. The Clinton years were good. I look back fondly on that time in life. In contrast, the Obama years have been hellish both financially and in always feeling like we’re living on the razors edge just a hair’s breath away from losing everything we thought we believed about this country.
Philosophically, I think Barack Obama is a fairly conventional progressive in the mold of Woodrow Wilson; another ends-justify-the-means president who isn’t above flaming the worst instincts in the populace if it benefits the promotion of his political agenda. But I also can’t help but to take a swipe at Republicans here.
You know what makes Republican cries of overreach ring hollow? Maybe because your guy did it over the howls of the left during the last Administration? I would be the first to agree that Bush’s crimes with executive overreach pale in comparison to Obama’s, but Bush set the stage. You reap what you sow. I’m deeply angry at the Obama surveillance state, but it was Bush who laid the foundation for it. Let’s not kid ourselves.
Many people on the right call on President Obama to be impeached for a his overreach. Like the author of this piece, I am more sympathetic to handing out green cards more liberally than the majority of conservatives. But if he unilaterally, and without legal authority, implements amnesty without action by Congress, I believe he ought to be impeached. That would be a bridge too far for me when it comes to illegal executive actions. I know the consequence of that is President Joe Biden. I’d take it.
However, you know what makes impeachment politically impossible for the Republicans? You know what makes Obama invite the very idea? Progressives well remember what happened the last time Republicans decided it was a good idea to impeach the last Democratic president over the very important topic to the future of the country: lying about whether he did or did not get a blow job from another consenting adult.
Impeachment is serious business. It should only be for very serious things. But when the GOP made President Clinton only the second President in the US to be impeached by the House, over being dishonest about blow jobs, they cheapened the very idea. Along comes a president who has actually done some things I think may deserve impeachment, and sorry guys, you surrendered the moral high ground.
So Obama won’t be impeached. And you can thank Newt Gringrich for that.
Jul 23, 2014
This letter would seem to indicate that Beretta considered relocated to West Virginia, having been wooed there by politicians no doubt looking to bring jobs. But Beretta indicates they were “looking first and foremost for a widespread and stable place of political support in any potential location,” and Joe Manchin’s recent actions on gun control were enough to give them the heebee jeebees. It’s not like West Virginia needs jobs or anything. Working class people struggling for good manufacturing jobs ought to take note of where Democratic priorities lie.
Jul 23, 2014
The Obama Administration has taken such an egregious action that is has me actively cheering gun control wallet-in-chief Mike Bloomberg. From today’s edition of Jim Geraghty’s Morning Jolt, on what he’s calling a de-facto travel ban to Israel, quoting Bloomberg:
“This evening I will be flying on El Al to Tel Aviv to show solidarity with the Israeli people and to demonstrate that it is safe to fly in and out of Israel,” Bloomberg said in a prepared statement emailed by former City Hall spokesman Marc La Vorgna shortly after 8 p.m.
“Ben Gurion is the best protected airport in the world and El Al flights have been regularly flying in and out of it safely,” Bloomberg continued. “The U.S. flight restrictions are a mistake that hands Hamas an undeserved victory and should be lifted immediately. I strongly urge the FAA to reverse course and permit US airlines to fly to Israel.”
It’s not like anyone flying to Israel isn’t aware there’s a war going on. If people want to take their chances, it’s no business of the FAA’s. I agree with Geraghty that this is back channel pressure on the Israelis to comply with US demands. You know, US demands that it basically not defend itself.
I’ve said over the dinner table that if the drug cartels in Mexico were launching rockets over the border into El Paso at the same rate Hamas has been launching them out of Gaza, in a few days there would be no living cartel members. If the US Army wouldn’t invade Mexico and clean house, Texans would. There wouldn’t be all that much concern for collateral damage, as long as all the rockets and heavy weapons were found and destroyed quickly. A hostile Mexican government would likely be deposed. We all know we would do that. Even most liberal Americans faced with rocket attacks would demand action.
Yet this Administration apparently expects the Israelis to “show restraint.” They are. The fact that it took this long to go in shows remarkable restraint — restraint that Americans would never exercise in the same situation.
Jul 22, 2014
Tam was wondering how two Americans, recently killed in the hostilities in Gaza, were legally serving in the IDF while retaining citizenship. I am far from an expert in this, but there have been a number of Supreme Court cases involving this topic of dual-citizenship for those of you interested. But my understanding boils down to this: you generally won’t lose your citizenship unless you renounce it or take some action in a manner that shows intent to give up citizenship. US law and policy is generally favorable for people holding dual-citizenship, residing abroad, and serving compulsory military service, which Israel requires. I also think you can even join a foreign military voluntarily, since routine oaths are generally not sufficient to cause the loss of citizenship.
What’s interesting is that the State Department policy that allows one to keep citizenship as a result of a “routine oath” is just that — State Department policy. The case law is less clear as to when one renounces one’s US citizenship or not. Take the case of Vance v. Terrazas, where a dual-US/Mexican national lost his US citizenship when he signed a form having to reaffirm his Mexican citizenship when he went to college there.
What does this have to do with guns? I direct you to question 11(j) on ATF Form 4473, “Have you ever renounced your United States citizenship?” I’m not sure there’s much case law on prosecutions for lying on 11(j), but I could be wrong. I think serving compulsory military service of your dual country is probably fine, but if you voluntarily joined a foreign military, or took any action that could be interpreted, through preponderance of the evidence, that you had intent to give up your citizenship, you could find yourself facing a long time in federal prison if you answer that question incorrectly on 4473. It’s a good idea for dual citizens to be cognizant of any oaths or actions that may have been taken that could be interpreted as intent to surrender citizenship.
Jul 17, 2014
This is a topic I’ve long struggled with: are we better off with modern civil service protections, or would we be better off under the Spoils System? Lately, I’ve tended to agree with Glenn Reynolds “that the entire Civil Service system should be scrapped.” I’m think the civil service tends to perpetuate the opinions and prerogatives of a small handful of elites, and is fundamentally anti-democratic. Not that I always believe “anti-democratic” is a bad word, but it has to serve a purpose in the framework of individual liberty and protecting political minorities from the worst excesses of democratic government. I think civil service protections fail this test. I’d like to highlight his current top comment in Glenn Reynolds post, which I think offers food for thought. His commenter supports a return of the Spoils System:
A real spoils system would have several advantages:
- You could get rid of them all by electing a new party to office.
- Bureaucrats might be restrained by knowing that they will soon be turfed out into the private sector so they will want rules that they could live under after the next election.
- They might also be restrained by the knowledge that if their behavior got to obnoxious they would cost their party votes and potentially end their employment.
- Everyone would realize they are partisan hacks and thus not excuse their overreach behind some sort of non-partisan good government BS.
Lately, I’ve been thinking the same thing. The downside is there are people in the civil service right now who are actually knowledgable, do a reasonable job, and not political hacks. But there are far too many political hacks hiding behind civil service protections. These days I tend to agree we’d be better off with the spoils system, provided it was operated with the knowledge and understanding that there’s a lot the government does that requires people who are competent and willing to work hard. I’d hate to see, for example, document preservation exports cut loose at the National Archives because they were hired by the “wrong party.” But I’m willing to concede that civil servants who live by the sword (politics) can also die by it. That’s probably how it should be. An awful lot of civil service protections were generally meant to promote big, permanent government and rule by unaccountable “experts.”
Jun 30, 2014
Virginia gun lawyer John Frazer has information for Fairfax County concealed carry permit holders who may be facing minor misdemeanor charges that won’t impact their eligibility. According to John:
Fairfax County gun owners should be aware that the Circuit Court clerk’s office may treat concealed carry permit applications as incomplete, and forward them to a judge for review, based on disclosure of pending criminal charges. …
People whose applications are denied in this situation can either wait until their pending charge is resolved, or challenge the denial in an ore tenus (“word of mouth”) hearing in circuit court.
There’s a little more that people who might know someone in this situation should read.
When I renewed my permit there, they tried to play games with me, too. I was told that I would hear back in just beyond the deadline. I asked her if she meant to say that they would have a permit to me before the deadline, and it’s clear she was not happy about an informed applicant. I got my renewal on the last possible day.
Of course, she was also probably a little angry at me because when I said I was renewing, but the county it was issued from was Montgomery County, she went off about how it’s not a renewal from another state and how I needed to learn my new local laws, etc. When she stopped, I finally let her know that there is, in fact, a Montgomery County in Virginia that issues Virginia carry licenses. (h/t to VSSA)