2009 – Page 141 – Shall Not Be Questioned

Question to the 7th Circuit Panel

Here’s a quote from the decision today denying incorporation for the Second Amendment:

But the municipalities can, and do, stress another of the themes in the debate over incorporation of the Bill of Rights: That the Constitution establishes a federal republic where local differences are to be cherished as elements of liberty rather than extirpated in order to produce a single, nationally applicable rule. See New State Ice Co. v. Liebmann, 285 U.S. 262, 311 (1932) (Brandeis, J., dissenting) (â€œIt is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.â€);

Let’s back up one amendment here, and ask whether or not the states are free to experiment, in order to foster our economic recovery, by re-instituting slavery.Â Could Oak Park order all of its unemployed into a mandatory service system?Â Why is that not part of our federal system?

Sorry, but the Fourteenth Amendment abolished the type of federal system they speak of here.Â The federal government has a role to play in guaranteeing certain fundamental rights.

Dick Cheney, That Right Wing Bastard!

I’m going to guess Dick Cheney is done with politics, since coming out in favor of gay marriage isn’t exactly popular even in leftist strongholds like California.Â I agree with Cheney on this, and think it’s a good discussion to be having within the conservative movement.Â I’m glad he talked about it in public.Â While I don’t support judicially imposed gay marriage, I join with Cheney in thinking it would be fine to have some form of union recognized by the government.

But here’s a question I have for gays who supported Obama.Â Â Why?Â Having some form of civil marriage is really the only obstacle these days to gay equality, at least in terms of government, and both Obama and his Vice President are against the idea.Â What has Obama done for the gay community?Â Â Other than turn out a lot of people who voted in favor of Prop 8 in California.

Incorporation of 2A Rejected in 7th Circuit

Decision here.Â It seems to rest Cruikshank, Presser and Miller still being valid law, even though the last of those cases was decided in 1894, before the modern selective incorporation doctrine.

The Court did not say that Cruikshank, Presser, and Miller rejected a particular argument for applying the second amendment to the states. It said that they hold â€œthat the Second Amendment applies only to the Federal Government.â€ The Court added that â€œCruikshankâ€™s continuing validity on incorporationâ€ is â€œa question not presented by this caseâ€. Ibid. That does not license the inferior courts to go their own ways; it just notes that Cruikshank is open to reexamination by the Justices themselves when the time comes. If a court of appeals may strike off on its own, this not only undermines the uniformity of national law but also may compel the Justices to grant certiorari before they think the question ripe for decision.

Despite a lot of obvious bias against the Second Amendment coming through, what they have done here is essentially kicked ball over to the Supreme Court.Â The circuit split makes it very likely the Supreme Court will hear the appeal.

Dead Tree Media

One of our local papers went under.Â It was a relative newcomer, ressurecting and old name “Philadelphia Bulletin,” which went defunct in 1982, after evening papers went the way of the dodo.Â The fundamentals for print media don’t look very encouraging.Â Disastrous would be another word.Â Â When the last newspaper in Philadelphia shuts down its presses, who will report it?

New Jersey GOP Primary Underway

Polls are open in the Garden State.Â Â As Jim Geraghty point out, if you’re not affiliated with any party, you can register with the GOP and vote today.Â I don’t have a dog in this fight.Â You can count me in the ABC (Anybody But Corzine) camp.Â If polling is to be believed, Chris Christie has to best chance of defeating the incumbent governor.

Success = Cynicism?

Apparently Dave Zweifel at the Madison Capital Times believes it is so:

But it has left a bad taste in the mouths of not only many members of Congress, but citizens who believe this isn’t the way democracy ought to work. If you want to allow guns in the parks, then vote on it. If you want credit card reform, vote on it. What kind of parliamentary system allows two completely unrelated matters to be joined?

Cry me a river.Â Progressives have used this tactic since the early 20th century, and now when we turn the tables on you, you’re going to cry foul?Â Please.Â Â First off, we’re not a Democracy, we’re a Republic.Â Â Secondly, there was a vote on it, and if you’ll pay careful attention, you’ll notice that both Feingold and Kohl voted yes.Â Rather than whine about the big bad NRA, and being cynical, why don’t you take it up with them?

This is how the system is supposed to function.Â Don’t get snippy about it when you lose.

Facts Please

The South Dakota Argus Leader seems to have its facts mixed up:

On the front of the National Rifle Association building in Washington, D.C., you will not find the entire Second Amendment. Instead, you will find only the phrase: “The right of the people to keep and bear arms shall not be infringed.”

I’ve been to NRA Headquarters, and I don’t recall seeing the inscription.Â Also, NRA Headquarters is in Fairfax, Virginia.Â They left the offices at 1600 Rhode Island Ave a long time ago.Â Â The only thing I can recall seeing on the NRA building is “NRA Sports.”Â Maybe I didn’t look hard enough.

Sixty percent of American citizens mistakenly believe they have a constitutional right “to keep and bear arms.” That is a myth perpetrated on the American people by the NRA.

No, now it’s a fact of law perpetuated by the Supreme Court.Â You wrote this a year too late, my friend.Â It’s amazing to me that they are still bitterly clinging to the old notion that it’s not an individual right.Â That’s settled.Â Time to move on.Â Â Even the Bradys have put Heller behind them, and are busily fighting the next battle.

This writer grew up on a farm, enjoying hunting for ducks, geese and pheasants, and in adulthood, shot deer while a pastor in Spearfish. No one ever has threatened to take those guns from me. I was an expert marksman in the service during World War II.

However, I am filled with anger by the way the NRA uses false advertising to bully our people and our politicians into supporting the insane practice of keeping all manner of assault weapons available to everyone in our society.

I guess this more of the “I’m a gun owner, but…” meme.Â I’m very sorry this man doesn’t value the freedoms he fought for, and no doubt some of his comrades died for, more than he does.Â I appreciate his service in defense of freedom, it’s a pity we can’t agree on what that freedom is.Â Â But what’s more disturbing is that the Argus Leader chose to publish an op-ed that grossly distorts basic facts, and is ignorant of the development in the last year of constitutional law.

Brady Suit in Pittsburgh

They are asking the Court of Common Pleas judge to throw the NRA case out:

â€œWe are asking the court today to put a stop to the NRAâ€™s lawsuit that threatens a common-sense gun law that helps protect Pittsburgh communities from gun violence,â€ said Brady Center Senior Attorney Daniel Vice.Â â€œWe are hopeful that the court will throw out the NRAâ€™s lawsuit and allow Pittsburgh to proceed with its efforts to stop gun trafficking and save lives.â€

They seem to be arguing that the case isn’t ripe. Basically a ripeness argument is, because no one has been charged under the ordinance yet, that NRA has no standing to file suit.Â Lost and Stolen still stands in Philadelphia, because of the same issue, so it would not be out of the realm of possibility of the Brady argument prevails here.

All Your Cars …

An apt use of a cliche, I think.

What’s a Tennessee Gunnie to Do?

With this report from Uncle that several gubernatorial candidates on both sides of the aisle seem to be lining up against a major gun bill, what on earth can a gun owner do to make a difference and change this rhetoric?

There’s a problem of timing for the election.Â Unlike New Jersey and Virginia which have elections this year, Tennessee gun owners are still a year and a half out from the next election.Â It’s not like it’s time to start phone banking or doing precinct walks for candidates yet.Â It’s hard to step up and give the manpower to sink or promote a campaign in response to these statements against concealed carry access.

The problem is that this early on, candidates have to be thinking about what the editorials will say about them if they come out against members of their own party or other political issues.Â Voters aren’t paying that much attention, and even most activists haven’t quite tuned in yet.Â They are fighting for donors, endorsements, and positive press to raise their name recognition.

But, this early in the game there are a few steps I would suggest:

Let the candidates who are coming out against the right-to-carry improvements know that you are a gun owner who is upset by this and they have not only lost your vote, but you will volunteer for pro-gun campaigns.
Write letters to the editor to call out these candidates for their stances.Â Keep it polite, keep it short, and keep it on topic.Â Take away the “benefit” of not causing a stir in the media and make one for them.Â Remember that you’re writing for an audience that won’t likely know the issue, so emphasize that license holders go through multiple background checks and are the kinds of people who can be trusted to not cause problems.Â Stick with a responsibility message to defeat their talking points.
Find the candidate(s) who support the bill and throw a little money their way if you have it.Â It doesn’t have to be a huge donation.Â In fact, if you can’t give a big amount, then do a pledge of small amounts that will ultimately add up.Â See if they do need help with sorting mailers or other low key outreach right now and volunteer.Â If they do have projects that could use a little assistance, they will definitely remember you this early on, especially if you’re specific about why you are there to help.
Most importantly, live up to anything you say.Â Don’t tell a campaign you won’t support them and then send a check 6 months later because you forgot.Â If you’re paying attention this early on, stay involved.

It’s really not a fun situation to be in.Â It’s also not something most Tennessee gun owners expect.Â Sure New Jersey gun owners are used to being election punching bags, but not most red state gun owners.Â It’s a situation that’s going to evolve.