Bush might be coming at us once again at the State of the Union tonight.
The Role of Judicial Reivew
If you have some time to read, over at The Volokh Conspiracy, Ilya Somin and Orin Kerr have been debating the proper role of judicial review in our republic. It’s well worth a read.
I tend to side with Professor Somin in this instance. The idea of legitimacy through “consent of the governed” has always struck me as problematic, because I think the purpose of government, first and foremost, has to be the mutual protection of rights. A “consent of the governed” legitimacy model surmises that the democratic process offers any meaningful consent. I did not consent to have John McCain and Russ Feingold limit my rights to speak out against them in any meaningful way, yet all three branches of the federal government have upheld this, despite the fact that I believe the majority of people would recognize it was a violation of freedom of speech if it were explained to them in detail.
I do think the judiciary needs to be true to the original meaning of the law, and not impose wild and inconsistent theories about legal interpretation. I want to understand the biases and philosophies of the judges we put onto the bench, because I don’t think there’s any theory of legal interpretation that will act as a bulwark against personal bias that will still preserve the court’s role as a check against the other two branches of government. The judiciary needs to have an active in here, and ought not make a presumption that those branches will enact constitutional laws. I think conservatives need to beware in restraining the judiciary, they don’t go so far as to make it a gaggle of “yes” men.
The Militia in Modern Times
Clayton Cramer has done some research into the use of the unorganized militia during World War II. Well worth a read.
This is How You Protest Government
They get an A for creativity and style:
A Pennsylvania couple angry at the noise from airliners flying overhead has expressed their anger by painting an obscene message on the roof of their home.The two-metre-tall sign is directed at the Federal Aviation Administration, which recently altered the plane routes around Philadelphia International Airport.
I grew up in the town next door. Folsom is where my high school was. Noise from air traffic was always there, but it must be pretty bad now with the new traffic patterns, particularly since UPS likes to fly out fully loaded 747s in the middle of the night.
Pennsylvania Open Carry Blog
Activists have been taking up the issue of open carry here in The Keystone State. Now there’s a blog dedicated to it by a fellow Bucks County resident. I’ve never been big on open carry personally, but I’ve seen what activists in Virginia have been able to accomplish, and it’s defied my expectations.  It’s not as uncommon in Virginia as it used to be, and “the law” is pretty much aware that it’s legal now. I’ve only ever seen open carry in Pennsylvania twice, once on a bus in Harrisburg, and once on the Appalachian Trail.
Ask Mitt
Apparently Mitt Romney is taking questions from Field and Stream as well.
Bitter Takes on Mudcat
John Edwards’ snake oil salesman rural liaison, Mudcat Saunders, agreed to answer reader questions, but I’m guessing wasn’t counting on Bitter entering the fray. She caught some interesting flack from an undecided voter, who apparently was mostly concerned over whether John Edwards hunted and had guns in his home. Bitter had this to say:
However, Sherri, I would consider that you look at previous Edwards statements to address your concerns. The number of guns he owns is irrelevant. John Kerry owns guns, but in his home state, the cost is so high to be approved for even a round of ammunition that many hunters who don’t bring home large salaries have either given up their guns or risk owning them illegally while they use what’s left of their ammo. Gun ownership is still legal, but they have effectively made it impossible for anyone outside of the middle class and higher to do legally.
The folks who wish for a candidate who is sufficiently pure on the second amendment need to realize that there are a lot more of these types of ignorant voters out there than there are of us, and that’s exactly the kind of person that Mudcat Saunders is after. If we are not also evangelicals for the second amendment, we’re doomed. Ignorance is the brick wall we hit that limits what second amendment advocates can accomplish politically.
Bitter says she’ll let us know if Mudcat ever come back to answer the questions, but I’m guessing , like a snake oil salesmen who starts getting townspeople screaming at them that it gave them hives, he’s split town in a hurry.
Ted Kennedy To Endorse Obama
The endorsement will probably help Obama, as long as he doesn’t let Ted drive him home.
The Rendell Economy
Pennsylvania is third in the nation when it comes layoffs. Ed Rendell came into office with a promise to turn Pennsylvania around. What stellar results eh? Raising taxes and tolling our highways is generally not an effective way to promote economic growth. Nor is increasing regulations on businesses.
NRA Speaks on Philadelphia Preemption
John Hohenwarter, who is Pennsylvania’s NRA State Liaison and representative in Harrisburg, had this to say about Philadelphia attempting to enforce its own gun laws:
This morning John Hohenwarter, the NRA’s lobbyist and representative in Harrisburg, said Nutter would be squandering taxpayer dollars — which could be better used to put police officers on the street — if he mounts a futile legal challenge to established precedent that prevents local governments from enacting their own gun laws.
“We heard the same thing out of Mayor Street’s office the last couple of years,” Hohenwarter said. “The programs that the mayor is backing are nothing more than attempts to grab headlines,” he said. “Chances are, it’s going to be thrown out immediately, and if they keep trying to appeal it, you’re looking at a lot of cost to the city for nothing.”
I couldn’t agree more.