The Smallest Minority

The Smallest Minority

The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities. - Ayn Rand

Liberty is an inherently offensive lifestyle. Living in a free society guarantees that each one of us will see our most cherished principles and beliefs questioned and in some cases mocked. That psychic discomfort is the price we pay for basic civic peace. It's worth it. It's a pragmatic principle. Defend everyone else's rights, because if you don't there is no one to defend yours. - MaxedOutMama

I don't just want gun rights... I want individual liberty, a culture of self-reliance....I want the whole bloody thing. Kim du Toit


I am Simon Jester
. . . and so are you




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An Invitation to My Readers

Debates:

"The Commentary"
A OLD discussion on gun control between me and an Irishman living in London
Start here.
UPDATED! Now with archive!

Post #1 by Alex, a Guest
A multi-post discussion hosted here at TSM

My short exchange with
Professor Saul Cornell
of the Second Amendment Research Center

Best Posts:

The "Rights" Discussion:

What is a "Right?"

What is a "Right"? Revisited, Part I

Part II

Rights, Morality, Idealism & Pragmatism, Part I

Part II

Part III

Part IV

The United Federation of Planets

Is the Government Responsible for Your Protection?
Part I & Part II

1975 in Washington, D.C. vs. 2004 in Canton, Ohio

Go Ahead, Rely on the Government for Your Protection

The Other Side

Liberal vs. Conservative: Both are Necessary

The Mystery of Government

The Blog
that Ate Poughkeepsie


Updated and restated as:

Of Laws and Sausages

Militias

A Mistake a Free People Get to Make Only Once

The George Orwell Daycare Center

This is NOT What I Wanted to Read

TRUST

The Lying "News" Media, Pt. II

Say WHAT?

Bias? What Bias?

Agenda? What Agenda?

The Church of the MSM and the New Reformation

Let's See if I Can "Germinate an Intelligent Thought" Here

The ACLU Hasn't Changed its Tune

They Never EVER Stop

It is Not the Business of Government

Five Reasons Why It ISN'T

They Keep Making Better Fools

Five Month Investigation, 10 Tracer Rounds, Two Felony Convictions

That Sumbitch Ain't been BORN!

On Guillotines and Gibbets

England Slides Further Towards Bondage

Pressing the "RESET" Button

Freedom's Just Another Word for Nothin' Left To Lose

A Terrible Resolve

The Courts Will Not Save Us Trilogy:

The Road to Hell is Paved with Good Intentions

"Game Over, Man. Game Over."

An Important Question

And the denouement:

Hudson Was Wrong

The Dangerous Victims Trilogy:

"(I)t's most important that all potential victims be as dangerous as they can"

Violence and the Social Contract

Governments, Criminals, and Dangerous Victims

In the same vein:

Those Without Swords Can Still Die Upon Them

The True Believers Trilogy:

True Believers

March of the Lemmings
Reasonable People

Also in the same vein:

Tough History Coming

The Culture Trilogy

Culture

Hubris

Weltanschauung

And its follow-on:

In Re: Culture

Technical Dissertations

Why Ballistic Fingerprinting Doesn't (And Won't) Work

Spin, Spin, Spin

Speaking of Teddy Kennedy...

This is the Kind of Thing That REALLY IRRITATES ME

Questions from the Audience?

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Tuesday, April 27, 2004
 
Oh, Now THIS is Interesting

In relation to my piece below (He Really Doesn't Do Nuance) Technorati reports several bloggers have linked to the PressThink piece. Of course, the interpretations of Bush's position vary, bipolarly. Here's just a sample:

From Weird is Relative:
A verrry interesting discussion on pressthink, posted yesterday, discusses whether or not the press has a right to investigate stories that they view to be in the public interest.
This looks like yet another obvious attempt by the current administration to (a) tar the media with the "liberal" brush and (b) deflect the President from having to answer embarassing & revealing questions.... yet it appears to be more successful than most. Can Bush effect a power coup by simply telling the media they are less influential than they think they are?
Uh, right. (I'm sorry, but I must have missed the part about Bush denying the press their right to do investigative journalism. Can you point that part out to me?)

Next up, Blog on the Run:
One other interpretation of this thesis that just occurred to me -- is that Bush is bashing the press, which never wins any popularity contests, precisely because he does indeed know that the press fills a vital function and that if it became more popular, it might be more emboldened to do its job properly. And even before 9/11, this administration wasn't winning any Freedom-of-Information awards. There's evidence both ways on this one. Discuss amongst yourselves.
I think Lex is stretching here. This would be another example of how Dumbya - who is so stupid he has to be reminded to breathe, apparently, is somehow exercising one more brilliant strategy to foil his Democrat nemesis?

Then there's 100 Unfair and Unbalanced moonbats Monkeys Typing and his interpretation of Bush's comment:
"You assume I give a shit." Why does this surprise the media?
Daily Pundit seems to have a better grip on reality:
Jay Rosen identifies the growing horror of the liberal mainstream media, which is apparently discovering that GWB represents their worst nightmare: a sitting President who does not regard their propaganda machine with the proper amount of awe and terror.

In fact, he doesn't give it much regard at all. Nor is there any reason that he should, as degraded and perverse as what passes for the media establishment has become at the dawn of the 21st century.

The Emperor has no clothes, boys and girls. Get used to the chilly drafts.
Moe of Obsidian Wings said:
For my own part: no, I don't consider the media to represent the public. Big surprise there: nobody does, actually. I mean, does anybody here think that, say, Eric Alterman wrote What Liberal Media? because he thought that pushing the media to the Left would make it less mainstream? I take the position that it doesn't matter what your political affiliation is: you're likely to see the press as a funhouse mirror distortion of your own beliefs.
Having read a lot of Lefties, I tend to agree. But there are perceptions and then there is reality.

Whispers in the Abyss perceives reality:
The whole mess goes to the heart of considerations I've had about the nature of news media, which has been revealed to even the casual consumer as a morass of lies, obfuscations, and manipulations by the simple fact of access to the real facts for Joe Average American to make his own mind up about. No Average Joe has to wonder what Condaleeza Rice said to the 9/11 Commission, the transcripts are public knowledge, to the word. If you really wanted to know what people on the street in Iraq were thinking, 30sec search would turn up a list of Iraqi bloggers, any of whom are 5min of email and half a planet away, available for any question you might want to ask. If you want to know about the military side of operations in Afghanistan, you can go hit bloggers from there.

In short, if you can read this LJ, you've got wider, deeper, more 1st-hand access to the news as it happens than ever in the history of mankind have reporters or journalists. You can pick up the phone and call anyone listed in the phone book (and if you're cunning enough, even get to mock Fidel Castro). If you don't feel like collating the info yourself, you can surf the net more easily than surfing channels and find someone who, over time, earns your respect for their ability, like Glenn Reynolds, Steve Antler, or Wretchard. But even from one of your primary sources, you can always surf and find corroboration or invalidation, seek out different opinions (typically delivered directly in their Comments links), and generally prove that the world is not strictly push, but that you have the power to pull as much, as deeply, as you like.
Yup.

Thought Mesh has an interesting point:
The thesis of that article is that President Bush is dealing with the press less by trying to out-play them than by dealing them out of game. Bush stated to one journalist ?You?re assuming that you represent the public. I don't accept that. I agree with both the tactic and the view of Big Media it is based on.

--

I think that the majority of American citizens are more likely to believe Bush than Big Media in any dispute if no other facts are known. As Rosen says, journalists might ask themselves how they got to this state.
Not bleeding likely.

The interestingly named zerotwofivesixfourdotnet has a short but pithy post, with a link:
Elite media hates Bush because he calls them on their B.S., and aims to identify with 'normal people', the hoi polloi that intellectual-types quietly despise.

So when Bush tells them "You're assuming that you represent the public. I don't accept that", they - needless to say - don't particularly like that, or realize its probably true. And Mark Steyn deconstructs why the numbers show that 'normal people' - despite what the media tries to tell us - agree.
Interesting stuff, especially the comments to some of these. Instapundit has quite a long piece with commentary from readers, too.

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Corrupting the Process: The Torricelli Precedent

I've said for a while that I believe that the DNC is soon going to realize that John F'ing Kerry is a loser when it comes to the run for the Presidency. Others have said that the DNC wants to lose 2004 because that will put Hillary on the 2008 ticket in position to win.

I don't think so.

I think the Democrats are slowly, dimly beginning to realize that a landslide loss (or even a mudslide loss) to Dubya will signal that the moonbat contingent has destroyed the Party and made it totally ineffectual. They cannot afford to lose. After Gray Davis's recall, a loss in November will be their nadir.

The New Jersey Democrat party decided that it could not afford to have a Republican win one of New Jersey's Senate seats in 2002. So, in violation of State election law and with the active partisan support of the New Jersey Supreme Court, the legal candidate - Robert Torricelli - was dropped and Frank Lautenberg was substituted on the ticket. Lautenberg won, of course.

I honestly believe it's going to happen again. Now there's evidence that such thoughts are making the rounds within the moonbat brigades.

Instapundit links to this Village Voice piece, John Kerry Must Go. Excerpt:
With the air gushing out of John Kerry's balloon, it may be only a matter of time until political insiders in Washington face the dread reality that the junior senator from Massachusetts doesn't have what it takes to win and has got to go. As arrogant and out of it as the Democratic political establishment is, even these pols know the party's got to have someone to run against George Bush. They can't exactly expect the president to self-destruct into thin air.
The piece suggests nominating John Edwards or "staging an open convention" in Boston. This would be, of course, regardless of whether Sen. Kerry has acquired enough delegates to be the Democratic nominee.

I think they're going to nominate Hillary.

As James Hudnall wrote back in September, "only Democrats and dictators are afraid of Elections."

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Catch .303

Via Mike comes this truly excellent story of Australian Ian "Robbie" Robertson, 77, an Australian sniper during the Korean war. Excerpts:
Snipers were issued with a modified version of the venerable Lee-Enfield .303 rifle used by British Empire troops since the Boer War half a century before. The sniper model had a small telescopic sight and a heavy barrel, but otherwise was little different from a million others lugged by Allied infantry in two world wars.

Robertson could group 15 rounds in a space smaller than his fist at 300 metres, hit a target the size of a man's head at 600 metres, and was confident of hitting a man from 800 to 1000 metres if conditions were right.

--

They call Korea the forgotten war, but the old digger can't forget it. "Every battle happened yesterday," he says, his voice serious. "When people are trying to kill you, it concentrates your mind. You don't leave it behind."

--

Snipers often had to shoot in cold blood - rather than in the heat of an enemy assault - but that didn't make them murderers. They were doing their sworn duty, under legitimate orders and the conventions of warfare, against an armed enemy trying to kill them.

Still, sniping is the dark art of conventional warfare. In America's gun culture, it attracts a fringe celebrity status that supports a growing list of books and websites. Australians are more ambivalent.

--

The Chinese had a proverb: Kill one man, terrorise a thousand. It was true, and it meant that each day, with each death, his job grew more dangerous.

All snipers were hated, good ones were feared. The better he shot, the more desperate enemy officers would be to kill him to stop the loss of morale. This is the sniper's dilemma: the more enemies you hit, the more return fire you attract and the more likely you are to die. Call it a Catch .303.
As always, read the whole thing.

For those interested, this is what Mr. Robertson used in Korea, the No. 4 Mk. I (T) sniper version of the British Commonwealth rifle:

More images are available here.

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Spain Completes Troop Pullout From Iraq
MADRID, Spain (AP) - Spain has completed the withdrawal of its peacekeeping troops from Iraq, Prime Minister Jose Luis Rodriguez Zapatero said Tuesday.

"No Spanish member of the Plus Ultra II brigade remains in Iraq," Zapatero told Parliament in a debate on his decision to withdraw the 1,300 troops.

The Plus Ultra brigade is the name for the Spanish contingent, which was stationed in the south-central cities of Najaf and Diwaniya.

Zapatero said the only Spanish military personnel who remain in Iraq are logistics experts assigned with shipping home military equipment. He said these people should be out of Iraq by May 27.
Or, as Mike Ramirez put it in the LA Times:


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He Really Doesn't Do Nuance

(Via Acidman)

Another reason, despite his being "the best Democrat President in my lifetime" that I actually like Dubya: read this PressThink piece about Bush and how his administration views the media. Money quote:
...a reporter says to the president: is it really true you don't read us, don't even watch the news? Bush confirms it.
And the reporter then said: Well, how do you then know, Mr. President, what the public is thinking? And Bush, without missing a beat said: You're making a powerful assumption, young man. You're assuming that you represent the public. I don't accept that.
Which is a powerful statement. And if Bush believes it (a possibility not to be dismissed) then we must credit the president with an original idea, or the germ of one. Bush's people have developed it into a thesis, which they explained to Auletta, who told it to co-host Brooke Gladstone:
That's his attitude. And when you ask the Bush people to explain that attitude, what they say is: We don't accept that you have a check and balance function. We think that you are in the game of "Gotcha." Oh, you're interested in headlines, and you're interested in conflict. You're not interested in having a serious discussion... and exploring things.
Further data point: The Bush Thesis. If Auletta's reporting is on, then Bush and his advisors have their own press think, which they are trying out as policy. Reporters do not represent the interests of a broader public. They aren't a pipeline to the people, because people see through the game of Gotcha. The press has forfeited, if it ever had, its quasi-official role in the checks and balances of government. Here the Bush Thesis is bold. It says: there is no such role-- official or otherwise.
Heh. Indeed.

Read the whole thing.

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Monday, April 26, 2004
 
I'm in Trouble Now!

For Christmas I got the game Medal of Honor - Allied Assault for my PC, with the Spearhead expansion pack. I've played them both to death. Great games. But I've heard that Call of Duty was better. Well, I hunted around and found it for $35 online last week plus $4 shipping, so I ordered it.

It came in today.

Essay or Call of Duty?

Essay? Call of Duty?

I guess I'll find out when I get home tonight.

UPDATE: 11:05PM. Call of Duty ROCKS!

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Sunday, April 25, 2004
 
Sorry About the Lack of Posting

I'm still busy as hell at work. Saturday was my IHMSA match (up at 5:30AM, didn't get home until 5:00PM), and when I got home I did househusband stuff because my wife was over taking care of her parents. (Her dad just got home from the hospital after having 18" of intestine removed, and her mother has the flu.) I spent the evening surfing the web but not posting because I have been compiling stuff for a piece I've worked most of tonight on. I spent the morning doing other husbandly duties, but like I said, I've spent this evening writing. I hope to have the piece finished by Tuesday evening. It will be LONG, it appears - Den Besteian in length and tone. (Unfortunately, I don't do Whittleian effectively, but a man's got to know his limitations.)

The IHMSA match was a lot of fun, especially afterward. (I shot a match round for the first time in probably two years. I sucked. I'm really out of practice. I missed a chicken for Jebus's sake.) After the match was over, we let the target setters shoot. They're all Boy Scouts, and they work the match for $5/hr and tips. They're collecting money so that their troop can go on a sailing adventure. This was the first time they'd gotten the requisite permission to shoot, so we dragged out our guns and ammo and did a little introduction. I had seven rounds of 7mm Benchrest left and let one of the guys squeeze off all of them. After he'd knocked down a couple of chickens and a pig, I told him "Just so you know, that load is about twice as powerful as a .44 Magnum." BIG smile. They all got to shoot a .22 competition pistol, and .357 lever-action rifles, too. Two of them shot .44 revolvers. A good time was had by all. We'll see what the group wants to do next month.

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Thursday, April 22, 2004
 
But Me No Buts

This one's an op-ed from the New York Journal News. Short, but no less stupid for that.
No reason but to kill

From all indications, Congress intends to let the 10-year-old ban on military-style assault weapons expire on Sept. 13. Unless, of course, public demand that the ban be extended reaches such a pitch that Congress dare not do otherwise.
And it's the job of our newspaper editorialists to motivate the masses to do just that! That small but influential lobby must stop the small but influential eeeevil NRA from letting the law sunset!
That's why it is important to make the public aware of the ban's pending expiration through such events as the news conference held by New Yorkers Against Gun Violence in White Plains on Tuesday to mark the fifth anniversary of the Columbine High School massacre in Littleton, Colo.

Congressional Republicans showed their intentions in March when they voted down their own bill to give immunity from lawsuits to gun manufacturers after Democrats added an amendment that would have extended the assault-weapons ban at the same time.

Westchester County Executive Andrew Spano, who supports the ban, cited FBI figures that listed one in five law-enforcement officers slain in the line of duty between 1998 and 2001 as killed with assault weapons. Indeed, a protective vest offers no protection against such weapons.
Which is standard Violence Policy Center bullshit procedure: stretching the facts, as I pointed out back in May of last year. The VPC report stated that 41 of the 211 officers to die by gunfire were killed with "assault weapons," but to reach that number, they had to expand the definition of "assault weapon" to include seventeen rifles that are not covered under the "ban." As I said back then,
Now, according to this site between the years of 1998 and 2001 (inclusive) there were 229 officer deaths by firearm, not 211. And according to this table the number of police deaths, at least for the last couple of decades (and excluding the 72 killed in the Twin Towers in 2001) has been apparently unaffected by the relative explosion in the mid 1980's of "assault weapons" (as defined by the law) into the general populace. They're trying to make it sound like the presence of "assault weapons" has somehow added 41 deaths that otherwise would not have occurred. The evidence does not support this. But that's the conclusion you're supposed to draw. "Ban 'em, and these cops would have lived!"
To continue:
"Whether you have a right to bear arms or not," Spano said, "you do not have a right to endanger society with assault weapons."
Er, what? That means I do have a right to "endanger society" with a shotgun or a deer rifle?

This is logic?
Westchester District Attorney Jeanine Pirro said she "strongly" supported the right to bear arms,
Wait for it...
"but there is no legitimate reason to have an assault weapon other than to kill as many people as possible in a very short period of time."
Let's parse that sentence, shall we? What is the right to bear arms for? Connie du Toit spells it out succinctly here. The right to arms isn't about hunting, it isn't about target shooting, it isn't about self defense against criminals. If you support the Second Amendment you support the right of civilians to own weapons of military usefulness. Duck guns and intermediate range sniper rifles deer rifles are simply protected under that greater umbrella. No but about it.

"...there is no legitimate reason to have an assault weapon other than to kill as many people as possible in a very short period of time." As I read that, killing "as many people as possible in a very short period of time" is a "legitimate reason to have an assault weapon"? Huh?

Look, this is just regurgitation of the gun-grabber mantra of "Ooh! They're scary!" If "there is no legitimate reason to have an assault weapon other than to kill as many people as possible in a very short period of time," why are our police forces armed with fully-automatic assault weapons? So they can kill lots of civilians?

It's not the weapon, it's the intent. But the editorial writer doesn't bother to think about it, just accepts this revealed wisdom.
She's right. No reason whatsoever.
Any thinking going on in that brain? Critical or otherwise?

Getting back to the "one in five" police officers killed with "assault weapons" - you know, weapons whose only legitimate use is to "kill as many people as possible in a very short period of time" - what of the other 170 officers killed with firearms in that same period? They were killed with weapons designed to tickle people?

A gun is a device designed to hurl small metal projectiles at high velocity. It doesn't matter if it's a handgun, a shotgun, a rifle or an "assault weapon." "Assault weapons" are not somehow orders of magnitude more lethal than other firearms. The only real difference is their appearance, which is why the AWB was based on appearance, not lethality. It's why the AR-15 style rifle was targeted, but the Ruger Mini-14 wasn't.
Voting to extend the ban means opposing the National Rifle Association, which lines up congressional support like target cans on a fence, as well as taking on the rest of the gun lobby. Without the support of public outrage, few in Congress have the fortitude to do that.
And that's the meat of it. Opposing the eeevil NRA is what must be done, regardless of the fact that the AWB has had no measurable effect on gun violence. Even Tom Diaz of the VPC has said:
If the existing assault weapons ban expires, I personally do not believe it will make one whit of difference one way or another in terms of our objective, which is reducing death and injury and getting a particularly lethal class of firearms off the streets. So if it doesn't pass, it doesn't pass.
The VPC's "objective" is to get handguns banned. They said themselves back in 1988 that "Assault weapon" legislation was just a stepping-stone to that end:
It will be a new topic in what has become to the press and public an "old" debate.

Although handguns claim more than 20,000 lives a year, the issue of handgun restriction consistently remains a non-issue with the vast majority of legislators, the press, and public. The reasons for this vary: the power of the gun lobby; the tendency of both sides of the issue to resort to sloganeering and pre-packaged arguments when discussing the issue; the fact that until an individual is affected by handgun violence he or she is unlikely to work for handgun restrictions; the view that handgun violence is an "unsolvable" problem; the inability of the handgun restriction movement to organize itself into an effective electoral threat; and the fact that until someone famous is shot, or something truly horrible happens, handgun restriction is simply not viewed as a priority. Assault weapons - just like armor-piercing bullets, machine guns, and plastic firearms - are a new topic. The weapons' menacing looks, coupled with the public's confusion over fully automatic machine guns versus semi-automatic assault weapons - anything that looks like a machine gun is assumed to be a machine gun - can only increase the chance of public support for restrictions on these weapons.
In other words, through efforts such as this op-ed, it is the intent of gun control forces to take advantage of public ignorance to get them to support gun control measures they don't understand.

How do you like being manipulated like that?

But wait! There's more!
Efforts to stop restrictions on assault weapons will only further alienate the police from the gun lobby.

Until recently, police organizations viewed the gun lobby in general, and the NRA in particular, as a reliable friend. This stemmed in part from the role the NRA played in training officers and its reputation regarding gun safety and hunter training. Yet, throughout the 1980s, the NRA has found itself increasingly on the opposite side of police on the gun control issue. Its opposition to legislation banning armor-piercing ammunition, plastic handguns, and machine guns, and its drafting of and support for the McClure/Volkmer handgun decontrol bill, burned many of the bridges the NRA had built throughout the past hundred years. As the result of this, the Law Enforcement Steering Committee was formed. The Committee now favors such restriction measures as waiting periods with background check for handgun purchase and a ban on machine guns and plastic firearms. If police continue to call for assault weapons restrictions, and the NRA continues to fight such measures, the result can only be a further tarnishing of the NRA's image in the eyes of the public, the police, and NRA members. The organization will no longer be viewed as the defender of the sportsman, but as the defender of the drug dealer.

Efforts to restrict assault weapons are more likely to succeed than those to restrict handguns.

Although the majority of Americans favor stricter handgun controls, and a consistent 40 percent of Americans favor banning the private sale and possession of handguns, many Americans do believe that handguns are effective weapons for home self-defense and the majority of Americans mistakenly believe that the Second Amendment of the Constitution guarantees the individual right to keep and bear arms. Yet, many who support the individual's right to own a handgun have second thoughts when the issue comes down to assault weapons. Assault weapons are often viewed the same way as machine guns and "plastic" firearms - a weapon that poses such a grave risk that it's worth compromising a perceived constitutional right.
(See op-ed above for a textbook example of this. And the right isn't perceived, dammit.)

Although the opportunity to restrict assault weapons exists, a question remains for the handgun restriction movement: How? Defining an assault weapon - in legal terms - is not easy. It's not merely a matter of going after guns that are "black and wicked looking."
Yet that's precisely what the "Assault Weapon Ban" did. It went after guns that are "black and wicked looking," that's all. As Charles Krauthammer put it in 1995,
Passing a law like the assault weapons ban is a symbolic - purely symbolic - move in that direction. Its only real justification is not to reduce crime but to desensitize the public to the regulation of weapons in preparation for their ultimate confiscation.
Letting the AWB sunset is supporting the right to keep and bear arms.

No "buts" about it.

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Wednesday, April 21, 2004
 
Wow! How Do I Get a "Terrorist-Grade" Rifle?!?

(Via SayUncle)

Another piece of laughably bad gun control propaganda disguised as straight news reporting, this time from our supposed allies at FOX News. (Actually, you can blame it on the NY Post, FOX just regurgitated it):
Illegal Arms Shipment Seized En Route to U.S.

A Turkish ship headed for New York — and stuffed with thousands of AK-47s and other Kalashnikov assault rifles — was seized en route in Italy, authorities said Tuesday.
Hmm... Other Kalashikov's? Would that mean AK-74's? I hate it when they aren't forthcoming with more details.
The ship's deadly hoard of more than 7,500 terrorist-grade rifles and machine guns worth more than $6 million was discovered illegally hidden under piles of properly labeled arms in several massive cargo containers, Italian officials said.
Wow! "Terrorist-grade!"

Um, wait.

Does that mean "In generally poor, banged-up and rusty condition because terrorist assholes don't know how to take care of their guns"? Looking at how they were stored, I think so.

Never mind. I don't want one after all.

Oh, and $6 million? That's $800 per rifle. I don't think so, unless they were planning to unload the entire shipment in Chicago. I can buy a Romanian AK clone from Florida Gun Works for $439. That's just over half price! And the SAR wouldn't have been bouncing around in a shipping container in a pile, either.
The ship MS Adnan Bayraktar, which bears a Turkish flag, had come from the Romanian port of Constanta and was on its way to a stopover in New York when the bust was made, the authorities said.

Documents showed the cargo containers were ultimately headed to a large U.S. company based in Georgia.

Officials refused to identify the business, citing security concerns and the ongoing investigation.

"We know that the [ship's] destination was North America, but we don't effectively know if that's where the [suspect] arms were going," one customs official told Italian state television.

The ship's cache of combat-style weapons was uncovered several days ago during a routine customs inspection at the Calabrian port of Gioia Tauro in southern Italy, officials said. They said they didn't reveal the bust at the time because of the continuing probe.

The weapons were confiscated by the Italian authorities because of problems with the ship's customs forms. For example, the arms had been described on some of the forms as "common guns" instead of assault-style.

The smuggled firearms included the lightweight combat Kalashnikov rifles, AK-47 assault rifles and SKA and Mauser rifles, authorities said.
Were the Mausers 98's? And what the hell is a "SKA"? Could they have meant an AKS? That would be the AKS-74, the paratrooper folding-stock carbine.

And just as an aside, the 98 Mauser bolt-action rifle is a "combat-style weapon." It even accepts a bayonet.
The weapons' bayonets were still affixed to them, as were cartridges that can hold up to 30 rounds, they said.
(*sigh*) Such ignorance.

So, they shipped the rifles with bayonets attached and a magazine seated in the mag well. (A "cartridge," you NYP moron, is the "round" the magazine holds thirty of.)
The AK-47s had been tampered with so they couldn't be rapidly fired, but the modification was one that could easily have been reversed, authorities said.
So we're talking about semi-auto AK "machineguns" then? Killer reporting, dude.
The assault weapons are a favorite with terrorists: Usama bin Laden sported one in the now-infamous footage of him taken after 9/11.
Wow. Now that's reporting! NEWSFLASH! Terrorists like AK-47 assault rifles! I'd have never known.

And, actually Osama Bin Missing favors a Krinkov - a short-barreled, folding stock version of the 5.45x39 caliber AK-74. (Stephen Hunter knows his guns.)
AK-47s also have been the weapon of choice for some infamous military-minded wackos, such as the teens who shot up Columbine HS in Littleton, Colo., in 1999.
BZZZZZT! So sorry. You've been caught in an out-and-out lie! Harris and Kliebold carried a Tec-9 pistol, a Hi-Point 9mm carbine, and two sawed-off shotguns! - No AK-47, AKS, or Mauser "assault rifle" of any kind!
The United States has banned such military-style semiautomatic weapons since 1994. The law preventing them from being manufactured, imported or sold here expires in September.
BZZZZZZT! Lie number two! The law limits the number of features such rifles may have, and it does severely limit what can be imported, but it doesn't prevent all importation, nor does it prohibit sales of guns meeting the limitations. Now, according to the report, these guns had bayonets attached, so that's obviously a no-no, and the shipment method certainly does raise eyebrows, but I wonder if somebody was trying to import parts and the shipper decided to pass on the irritating dissassembly procedure.

But it's a journalistic requirement to get in a shot about the "Assault Weapon Ban" sunset whenever remotely possible. Note, however, that these guns were supposedly destined for "the street" in violation of the law.

Hey, it's entirely possible that this entire shipment was meant for 7,500 Al Qaeda operatives in Georgia, and the Italians caught it, but somehow I find it doubtful.

Update: Curmudgeonly & Skeptical has a picture of the "30 round cartridge."

UPDATE, 4/23: Via
AlphaPatriot, the gun importer involved was Century International Arms.

This would be the second large firearms importer to get nailed trying to bring in verboten weapons, after Interarms was busted for importing improperly demilled Ppsh 41's.

Something smells here.




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Just Heard on the Radio

Is the media finally waking up? I just heard on ABC news at the top of the hour a report of the bomb blasts in Iraq and Saudi Arabia. The newsreader made a point of describing the school bus blown apart and the children inside burned alive in Basra. That report was followed - immediately - by an audio clip described as "an American sharpshooter taking aim at a target in Falluja." As I best recall the clip:
(A few seconds of silence, then a hushed whisper)

"Take your time..."

BOOM! (and the sound of an ejected cartridge)

(one or two second delay)

"YEAH!"

"Great shot, Lewis!"

(General sounds of celebration and congratulations)
NOW can we go in a flatten Falluja?

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An Oversight Corrected

Some time back, Connie du Toit stopped blogging, and I removed her from my blogroll. Well, she started up again, and like an idiot, I forgot to put her back on the blogroll. That's fixed now.

What prompted recognition of my cranial flatulence, though, was her most recent post on the difference between Europeans and Americans. I am in full concurrance with her conclusion:
In a nutshell, the Euros still choose to be ruled. They even pervert a Constitutional Democracy and surrender individual sovereignty to some body outside their control. They still don't trust themselves or they don't want the responsibility.
That is apparently the case for the majority of Europe, and I'm afraid it's becoming the case here. As Mencken said, "Most people want security in this world, not liberty."

Liberty takes work. Liberty requires hard choices. Liberty means not being protected by the (smothering) blanket of the State. Societies that give up their liberty can survive, sometimes for a great while, but societies without individual liberty cannot achieve either individual or collective greatness. They are restricted to (at best) mediocrity, and in the end, decay and destruction.

It reminds me of the warning given in Frank Herbert's Dune: Choosing only the clear, safe course leads ever down into stagnation.

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Hey! I Got a Response!

A lame one, but a response!

Yesterday I found this piece about the eeeevil NRA, but instead of writing a post on it, I simply emailed the author. This is what I sent him:
Mr. Heller:

I followed the link back to your site, and found your contact information.

I must say that I find your phillipic misguided at best, regardless of the ad hominem attacks: LaPierre in jackboots, "oily Dick Cheney." (Ooh! Clever, that.) At worst (and I suspect the latter) it's merely intentionally vicious with no intent to be anything other than vitriol. That's your perogative, of course.

I've perused a bit of your archive. It's pretty obvious that your politics are anti-Bush and anti-Republican, but precisely (or even generally) what you're FOR has eluded me.

So, if I understand it correctly, you hate the NRA because they're a front for the eeeevil Republicans? If there's more to it than that, it wasn't apparent.

I'm sympathetic toward Mr. Mauser and the loss of his son, but how is the NRA responsible for Harris and Kleibold having a (that's ONE) Tec-9 pistol, a Marlin Camp Carbine, TWO sawed-off shotguns, and knapsacks full bombs? Would it have been the fault of the NRA if Mr. Mauser's son had been killed with a duck gun identical to the one Sen. Kerry uses and professes to want to protect?

Here's a link (ten seconds on Google to find) detailing the weapons carried by the pair:

http://columbine.free2host.net/weapon.html

As I said, I'm sympathetic to Mr. Mauser's loss, but his anger is misdirected.

As is yours.
Here's his response I received this morning:
I included you in the article, I believe, when I said that some NRA members were no doubt horrified by the hurtful barbs hurled at Mr. Mauser. I thank you for displaying your sensitivity... to me, at least.

PH
Here's what I sent him in response:
Mr. Heller:

You're welcome.

It's almost certain that you've received a volume of hate-mail from gun owners over your piece, and that you hold that hate mail as simply more evidence that gun control is an obvious "right thing to do," but in relation to your "No Reason Allowed" assertion, I hold that it is the gun CONTROL groups that are guilty of that. We've "compromised" for years - "compromise" being defined as "giving up only half of what the other side wanted to take."

As someone said, we gun owners have been the victims of a decades-long slow-motion hate crime. We're tired of it. Some of us are pretty angry about it, and most are not as willing to discuss the subject any longer. (And some people have a way with words. Others not have way.) So, I'll apologize for them even though it's not really my place to do so. Yes, the comments made toward Mr. Mauser were wrong and inexcusable, but Mr. Mauser in his grief has picked the wrong target. Its understandable. As H.L. Mencken said, "For every problem there is a solution that is simple, obvious, and wrong."

You might find it interesting that I believe the NRA is not protective ENOUGH of the right to arms. I believe the NRA to be too WILLING to "compromise," and the only reason the recent Senate bill protecting firearm manufacturers and dealers from lawsuit was killed after the "Assault Weapon" (scare quotes intentional) Ban extension was added was because people like me held their feet to the fire.

It's difficult, I admit, being on the side defending the right of people to possess weapons when one maniac with a handgun can run wild, but for me it's a matter of the rights of individuals and their corresponding responsibilities. I do not want to live in a society where government acts as parent and citizens are merely children to be told what to do. It's a philosophy I can defend well, but it requires people to THINK. I'm greatly in favor of that, though most people seem to want to avoid it. You attempted to include me in your article under the blanket heading of "No Reason Allowed." I assure you, I reason quite well.

But merely FEELING is so much easier, isn't it?
We'll see if that draws any response, but I doubt it.

UPDATE, 4/22. I got a response. Here it is, verbatim: "nice." No capital, one period.

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Tuesday, April 20, 2004
 
On the 5th Anniversary of Columbine

Via Instapundit comes this Slate piece explaining the psychological diagnoses of Harris and Kleibold. Money quote:
The first steps to understanding Columbine, they say, are to forget the popular narrative about the jocks, Goths, and Trenchcoat Mafia...and to abandon the core idea that Columbine was simply a school shooting. We can't understand why they did it until we understand what they were doing.

--

Harris and Klebold would have been dismayed that Columbine was dubbed the "worst school shooting in American history." They set their sights on eclipsing the world's greatest mass murderers, but the media never saw past the choice of venue. The school setting drove analysis in precisely the wrong direction.
Read the whole thing.

But, as Jed from Freedomsight points out, the anniversary of Columbine is being used as an example of why the Assault Weapon Ban must be renewed! Even though the AWB had no effect on the massacre and wouldn't have slowed Harris and Kleibold down, as they themselves said. Nor would "closing the gunshow loophole" (that doesn't exist.) Nor would "safe storage" laws nor trigger locks nor magazine disconnects nor loaded chamber indicators nor anything else the well-meaning but ignorant support.

Deliberately murdering people is illegal.

Building bombs is illegal, too.

Harris and Kleibold used a 9mm Tec-9 pistol, a 9mm Hi-Point Carbine, and two sawed-off shotguns (illegally modified - they didn't pay the required tax nor did they file the required forms). But they also employed 95 explosive devices.

Illegal explosive devices.

"Gun control" would not have stopped them. "Gun control" would not have reduced their rampage. The NRA is not at fault for their slaughter spree.

They are.

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Somebody Please Explain This

A Violence Policy Center propaganda piece err, News Release shows up in Yahoo's Financial News section, verbatim, as a news story. Financial news? How so?

And yet the Left objects to the NRA trying to get its message out through the internet as "masquerading as a bona fide news outlet".

Or this piece from the "mainstream media" (in this case, Newsday) where Stuart Wilk, president of Associated Press Managing Editors and managing editor of the Dallas Morning News is quoted saying:
"I would hope that American consumers would be properly skeptical about the objectivity of a group whose stated purpose is to lobby for a specific position - in this case about gun control and gun-related legislation and activities."
And what about proper skepticism about the objectivity of groups whose stated purpose is to lobby for a specific position - in this case about gun control and gun-related legislation and activities?

The difference being that the NRA had to start its own outlet in order to get its message out. The VPC gets its "press releases" either quoted verbatim or rolled into regular "news" reports as gospel.

Can you say "Double Standard"?

I knew you could.

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Here's a Story About More Dead "Mercenaries" the Left can Cheer About

Only these were translators.

Excerpts:
Craig Drobnick of Marysville wears a bracelet of black anodized aluminum. The words etched in the metal say: Todd Drobnick, KIA 23 Nov. 03, Mosul, Iraq.

KIA means killed in action, and in a way, Craig's brother was.

A senior manager in charge of a team of translators working for San Diego defense contractor Titan Corp., Mariner High School graduate Todd Drobnick dodged 15 attacks from small-arms fire, rocket propelled grenades and homemade bombs during his last seven months.

When he died, in a head-on collision with a petroleum truck near Mosul, he wasn't a soldier. But the 35-year-old, fluent in Russian and Arabic, a veteran of the 1991 Persian Gulf War, was buried with full military honors and posthumously awarded a Purple Heart and a Bronze Star.
I wasn't aware those honors could be given to civilians, but I don't disagree with his receiving them.
The accident that claimed Drobnick's life killed another linguist working for Titan. They were the 12th and 13th Titan translators to die in Iraq -- felled by attacks from insurgents, accidents or illness -- since major combat operations officially ended last spring. The 14th, last week, was Emad Mikha, who had managed the meat department in a supermarket in Pontiac, Mich., before he signed up with Titan to take advantage of his proficiency in Arabic.

--

In San Diego, Titan executives declined to comment on their linguists program. One explained privately that the company had no desire to appear as though it was seeking publicity from the tragedies. Indeed, this is a sensitive time for Titan. Lockheed Martin Corp. has offered to buy the company for $1.66 billion, but allegations that Titan made illegal payments to foreign officials have threatened to nix the deal.

The Titan Web site doesn't put a sheen on its translating jobs, which pay up to $108,000 a year, most of that tax-free: "12-hour shifts and in excess of 60-hour weeks in order to provide continuous contract linguist support that this 24x7 operation requires; must be familiar with the local culture, conduct oneself in accordance with local customs, and deal unobtrusively with the populace; must be willing and capable to live and work in a harsh environment."
See! See! Another corrupt money-grubbing corporation employing greedy mercenaries who don't even pay their fair share of taxes! F*%k 'em!

Bite me.

Give it a read.

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Monday, April 19, 2004
 
In the Mean Time

The latest iteration of the Best of Me Symphony is up over at Sneakeasy's. I didn't get an entry in this week (see below) but my choice of the alternatives this week comes from Blogo Slovo, Political Philosophy on a Bumper Sticker. Short, sweet, and pinpoint accurate.

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Life Intrudes

I'm sort of addicted to this blogging thing, as you might note from the (previous) volume of posting I've done. The Smallest Minority is now about three weeks away from its first anniversary, too, with very few pauses during that period. However, I'm ridiculously busy, my father-in-law has just had major surgery for cancer of the lower intestine, and I've been neglecting my other hobbies like shooting, reloading, and home maintenance.

Oh, and sleep.

I didn't post anything of note this weekend, just a link to Mike Spenis's humorous Nader campaign poster. Instead, I did a few honeydews, visited my father-in-law in the hospital, I shot in my first JC Garand match (shot my 1917 Enfield and scored 414 - 1X with milsurp ammo, firmly in the middle of the pack,) and my wife and I went to see The Alamo. (Good flick. Highly recommended. Billy Bob Thornton as Davy Crockett is excellent.)

I was going to enter into another discussion at another new blog, Strange and Stranger, but my opponent has failed to take the field. That's probably for the better, as I don't have time to give this blog the attention it deserves at this time. Tim Lambert has responded to my last salvo, and I haven't had time to do much other than some basic research for my next entry in that exchange. Hopefully I'll get that posted in the next two or three days.

Anyway, what I'm trying to say here is that I'm only going to be able to crank out one or maybe two posts a day for a while. Sorry. Life intrudes.

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Saturday, April 17, 2004
 
A Nader Campaign Ad

Mike Spenis of Feces Flinging Monkey has made an excellent campaign poster for the Naderites!

Give it a look!

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Friday, April 16, 2004
 
Three More Examples

of why Mike Ramirez (the only good thing about the LA Times) is the best political cartoonist going:







You can see more of Mike's stuff here.

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They Never Ask ME

Jointogether.org reports that Children in South (are) More Likely to Die from Gun Violence, commenting on a newspaper story in the Florence Times Daily (annoying registration required). Let's fisk:
Gun violence more likely to kill kids in Alabama

By Emily Eisenberg
Medill News Service

WASHINGTON - In Alabama, a child is three times more likely to die from gun violence than a child in the Northeast, an expert at the Harvard School of Public Health says.

Decreasing this grim statistic is not just a matter of getting rid of guns, but it is treating them as a public health issue, said David Hemenway, director of Harvard's Injury Control Research Center.
Oh, how nice. Not just a matter of getting rid of guns. No, instead we must innoculate against gun violence?
The Centers for Disease Control reported in January that most deaths under the age of 40 are caused by an accident.

The most common cause of accidental death in the United States is automobile accidents. The second most common cause of these deaths is firearms.
Really? And the name of the report is? A link to the report is provided, where? And now we're defining "children" as "under the age of 40?"

Let's check the CDC, shall we? They have this wonderful tool called WISQARS that allows anybody access to the CDC statistics in really useful ways. So, let's check the most recent data, year 2001 for unintentional death, under the age of 40, entire U.S, all races, both sexes: 39,365. Now, what was the portion due to automobile? 23,663. Now, what was the portion of unintentional death by firearm? 470.

BUT, to be fair, the report does say "gun violence," however I don't think you're supposed to really grasp the difference. (Edit: Screw it. I don't want to be "fair." This writer certainly didn't intend to be.

Study carefully the construction of this story. You're supposed to assume that the "second most common cause of death" is firearm accident. HORSESHIT! Note how carefully the writer juxtaposes "accident", "automobile accident" and "firearms" - this time without the modifier, "accident." End Edit.)


This is, after all, a story about children, remember? I'll come back to this.
"Where there's more guns, there's more gun homicides; where there's more guns, there's more gun suicides," said Hemenway.
Well! There's a tautology for you. I guess it takes a Harvard doctorate to state something as obvious as that.
"I wouldn't expect it any other way," said Florence Police Chief Rick Singleton. He said the problem with weapons is the way "people handle and treat them."

Hemenway, while presenting the findings of his new book, "Private Guns, Public Health," said government should regulate guns the way it regulates traffic. Guns differ from almost all other consumer products because there is no regulatory agency in charge of managing their manufacture and distribution, he added.
Uhh.... What? "Government should regulate guns the way it regulates traffic??" I wasn't aware that the Consumer Product Safety Commission was in charge of traffic control. Harvard, eh?

Just out of curiosity, what government agency is responsible for managing "manufacture and distribution" of automobiles? Isn't that the purview of the manufacturers themselves? There's a government agent in each manufacturing facility controlling the production lines and approving the distribution plans?
Since the National Highway Traffic and Safety Administration was established several decades ago to make automobiles safer, automobile fatalities have decreased 80 percent. The Harvard School of Public Health reported a regulatory agency would have a similar impact on firearm deaths.
One problem with that. Automobiles are designed to transport passengers from point A to point B. Firearms are designed to hurl small metal projectiles at high velocity in the general direction they're pointed when the trigger is pulled. How do you make them safe? Make them fire Nerf balls? Make them not fire when the trigger is pulled? Kinda defeats the purpose, no?

Another point: There are maybe 250 million vehicles on the roads today (I didn't go look it up, it's a wild-ass guess.) Most of them are less than 20 years old. They wear out. They're replaced on a fairly regular basis. The safety improvements applied to vehicles were not statutorily required of older vehicles on the road. If you own a 1955 Chevy, it has seatbelts only if YOU put them in. There's no law requiring it. No airbags, either. No third brake light. But there are (by several estimates) 250,000,000 firearms in private hands. New "safety requirements" would affect only the additional two million long guns and one million new handguns that enter the market each year. And those older guns aren't built with "planned obsolescence" in the design. My 1917 Enfield still works perfectly. So does my 1896 Swedish Mauser, built in 1916. A Colt 1911 made in 1927 probably works just as well as the one I bought new in 1999.

The argument that guns need to be regulated so that they will be "made safer" is asinine. It is false on its face, yet reports like this one keep putting the idea out in front of the public as a "common-sense" proposal.

But keep reading, because this piece is just like all the others in inflating just what that "federal oversight" needs to encompass.
Because the trafficking of illegal firearms between states is such a large problem, Hemenway said that such a regulatory agency should be at the federal level rather than with the states.
Another bait-and-switch. First, the agency is supposed to regulate the design of firearms to ostensibly make them safer, but now the agency is supposed to be responsible for illegal trafficking? Isn't that just a bit of a leap from the original "regulatory" function? I wasn't aware that the National Highway Traffic and Safety Administration was in charge of "regulating" automobile theft and chop shops.
"There are lots of things we could do, lots of policies that wouldn't affect people's ability to own guns for hunting," Hemenway said.
However, the Second Amendment isn't about hunting. I own at least a dozen firearms, and I don't hunt. What about my guns?

Oh, right. "Decreasing this grim statistic is not just a matter of getting rid of guns."

Gotta ban and confiscate those "non-hunting" weapons.
He said federal regulation of firearms licensing and childproofing are some possible ways to address gun danger from a public health standpoint.
More mission-creep, and we haven't even established the regulatory agency! NOW the agency is responsible for: "safer" gun designs, illegal trafficking, and licensing!

And this is for public health, remember.
Alabama, like many other states in the South, is among the states with the highest levels of gun ownership in the country. The Rocky Mountain region also has high levels of gun ownership, while the northeastern part of the nation has a relatively small amount of guns.

The Brady Campaign to Prevent Gun Violence's annual report card gave Alabama an "F" in keeping kids safe from guns.

"Alabama does not require child-safety locks to be sold with guns, does not hold adults responsible for leaving loaded guns around children and does not have any safety standards for handguns," the Brady Campaign said recently. A spokesman at the organization said it strongly supports Hemenway's suggestion for a federal handgun regulation agency.
And now we're back to the supposed heart of the article: The Children™

You remember: "Gun violence more likely to kill kids in Alabama"? "In Alabama, a child is three times more likely to die from gun violence than a child in the Northeast"? Where "kids" is apparently defined as "under 40." Read that paragraph carefully: Child-safety locks. Loaded guns around children.

So, how many accidental deaths of children were there in Alabama to justify a new federal regulatory agency with sweeping powers to control firearm design, illegal firearm trafficking, and gun owner licensing?

Well, if you define "children" as those 17 or younger, there were six in 2001.

Of course there's the obligatory mention of the writer's attempt to be "balanced:"
Organizations like the National Rifle Association argue that the regulations the Brady Campaign proposes would decrease gun-owners constitutional rights, but a spokesperson at the NRA was not available for comment about Hemenway's findings.
Here you go, Ms. Eisenberg. All the commentary you'd ever want.

Not that you'd ever print it.

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Thursday, April 15, 2004
 
Oddly, I Feel Much the Same About the Republicans

Instapundit links to an excellent piece by Gerard Van Der Leun of American Digest, entitled The Degeneration of the Democratic Party. Excerpts:
Politics is a profession founded on hypocrisy. This we all know. But, at the same time, we also need a politics that somewhere within it has a shred of uncompromised decency and more than a little courage. Neither of these qualities is self-evident in the Democratic Party today. There's not a lot in the Republicans either, but it at least is measurable even if it still is in short-measure.
Absolutely.
Bush-Hate, racism, calls for the death of Republican cabinet members, snide innuendo, joy at the death of Americans in Iraq, the endless political thumbsucking of the 911 Commission, and there's more on the way, much more. It's a tired, sick and crazed political party that is so greedy and hungry for power that it will do anything, including selling this country down the drain, to get it back. I'll have no more to do with it. I'm not the only one.
Read the whole thing.

Twice.

UPDATE: Link fixed. D'OH!

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Tuesday, April 13, 2004
 
Pertinacious

I subscribe to Merriam-Websters Word of the Day. I receive an email each morning with a new word, its definition, and its use in a sentence. Here's todays:
The Word of the Day for Apr 13 is:

pertinacious \per-tuh-NAY-shuss\ adjective

1 a: adhering resolutely to an opinion or purpose b : perversely persistent
2 : stubbornly unyielding or tenacious


Example sentence:
The professor spent much of the class hour in debate with a pertinacious student about gun control.

Did you know?
If you say "pertinacious" out loud, it might sound familiar. That may be because if you take away the word's first syllable, you're left with something very similar to the word "tenacious," which means "tending to adhere or cling." The similarity between "pertinacious" and "tenacious" isn't mere coincidence; both words ultimately derive from "tenax," the Latin word for "tenacious," and ultimately from the verb "tençre," meaning "to hold." But "pertinacious" and "tenacious" aren't completely interchangeable. Both can mean "persistent," but "pertinacious" suggests an annoying or irksome persistence, while the less critical "tenacious" implies strength in maintaining or adhering to something valued or habitual.
D'you think someone at Merriam-Webster reads this blog?

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I HATE IT When I Can't Find a Link!

While surfing last night I found something so simple and obvious that it literally caused me to laugh out loud that I hadn't thought of it myself. The new liberal talk-radio network, 'Air America,' which has been rightfully ridiculed for numerous things (not the least of which being the fact that it's named after the CIA front air transport company of the Vietnam era) is now on the air, and failing miserably. Put forward as an antithesis to Rush Limbaugh and his "dittoheads," someone yesterday put forth the idea that "Air America" fans should be rightly named... wait for it....

AIRHEADS

And now I can't find the link to credit the source, dammit. If anybody knows, drop me a line.

Damn, the cluelessness of the left is sometimes awe-inspiring.

UPDATE: Reader Jay found the link. It comes from Robert Cox of The National Debate:
NOTE: I continue to do my best to listen to Air America and am hereby coining the phrase "Airhead" to refer to persons making dopey comments on Air America Radio. Feel free to use this term as needed. I will issue Airhead Alerts as appropriate on this web site.


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Human Nature Doesn't Change

I found this quiz through a piece over at What We Mean. It seems that some commenters at Little Green Footballs echo the opinions of the Nazis when it comes to genocide. The quiz tests your ability to determine which quotes are from LGF commenters and which from Nazis. I took it, and scored 69%. It's not that difficult, but the similarities between the (admittedly) cherry-picked comments are pronounced.

The point of the original piece seems to be: "The horrible evil commenters who are supported (or at least not censured) by LGF are Nazis!" (And it's not a logical long-jump to the implication: "All right-wingers are closet Nazis in favor of the genocide of our little brown brethren," either.)

My take on it? This is the thing I don't understand - why do many people seem to insist on believing that Germans during 1936-1945 are somehow different from humans from any other time? Or that the really evil Nazi's were just a tiny fraction of the population? Human nature is human nature. People who think this way have always existed, and they can sway others to believe the same way.

That's how people become convinced that it's a good thing to see their sons and daughters strap bombs onto their bodies and climb onto buses.

Humans have an almost unlimited ability to go insane in so many different ways. Go read DemocraticUnderground.com for the flip-side.

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Monday, April 12, 2004
 
Ah! Another Example of Cranio-Rectal Inversion!

Seems that 60 Minutes curmudgeon Andy Rooney is but the latest victim of this non-fatal but viciously brain-damaging affliction. I'd write something suitably pithy in response, but the Heartless Libertarian has already done so.

That last line juuuust about says it all, there, Heartless.

Touchè!

UPDATE: For those commenters suggesting that Andy Rooney didn't write this piece, here's another link to the same essay in the Buffalo (NY) News. If Rooney didn't write it, I'd imagine he'd have issued a protest by now.

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Is a Symphony better than a Carnival?

A new blogmeme (is that a word?) has started, the "Best of Me Symphony," in which blog authors are invited to send in older posts they're particularly proud of or feel need to be viewed again. This week's Symphony, the 19th, is hosted by Blogo Slovo, and my entry is first!

The Symphony is the brainchild of Jim Peacock of Snooze Button Dreams. As Jim explains it:
This post compilation meme is structured like the Carnival of the Vanities but concentrates on the best posts from the history of weblogs. Post submission criteria are very simple. The post must be at least 2 months old and the submitter must think it is a very good post. How easy is that?
Easy enough. This is my second entry. The best part of the concept, IMHO, is this:
Note that a post does not have to be submitted by its author so readers and lurkers with or without their own weblogs may contribute.
Perused the archives of someone's site and found something that knocked your socks off? Forward the link to Jim.

Helluva good idea.

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Sunday, April 11, 2004
 
Stream of Consciousness

It's interesting (at least to me) the things that go "click!" in my head while I'm reading stuff. Things I come across throughout the day, or the week, or the month will ferment in the recesses of my psyche until they're distilled into a thought. Or they just rot back there until flushed away...

Anyway, due in part to our recent sparring sessions, I spent some time this afternoon back over at Tim Lambert's Deltoid where last week I took a Myers-Briggs Type Indicator test that told me I was an INTJ (Introverted iNtuitive Thinking Judging) personality type. I didn't at that time follow the links to see what that was supposed to mean, but I did note that Tim's type was INTP (Introverted iNtuitive Thinking Perceiving,) not far at all from mine. This evening I went back and followed the links and read this assessment of the INTJ personality type:
To outsiders, INTJs may appear to project an aura of "definiteness", of self-confidence. This self-confidence, sometimes mistaken for simple arrogance by the less decisive, is actually of a very specific rather than a general nature; its source lies in the specialized knowledge systems that most INTJs start building at an early age. When it comes to their own areas of expertise -- and INTJs can have several -- they will be able to tell you almost immediately whether or not they can help you, and if so, how. INTJs know what they know, and perhaps still more importantly, they know what they don't know.

INTJs are perfectionists, with a seemingly endless capacity for improving upon anything that takes their interest. What prevents them from becoming chronically bogged down in this pursuit of perfection is the pragmatism so characteristic of the type: INTJs apply (often ruthlessly) the criterion "Does it work?" to everything from their own research efforts to the prevailing social norms.
(Guilty!) This in turn produces an unusual independence of mind, freeing the INTJ from the constraints of authority, convention, or sentiment for its own sake.

INTJs are known as the "Systems Builders" of the types, perhaps in part because they possess the unusual trait combination of imagination and reliability. Whatever system an INTJ happens to be working on is for them the equivalent of a moral cause to an INFJ; both perfectionism and disregard for authority may come into play, as INTJs can be unsparing of both themselves and the others on the project. Anyone considered to be "slacking," including superiors, will lose their respect -- and will generally be made aware of this; INTJs have also been known to take it upon themselves to implement critical decisions without consulting their supervisors or co-workers. On the other hand, they do tend to be scrupulous and even-handed about recognizing the individual contributions that have gone into a project, and have a gift for seizing opportunities which others might not even notice.

In the broadest terms, what INTJs "do" tends to be what they "know". Typical INTJ career choices are in the sciences and engineering,
(Guilty!) but they can be found wherever a combination of intellect and incisiveness are required (e.g., law, some areas of academia). INTJs can rise to management positions when they are willing to invest time in marketing their abilities as well as enhancing them, and (whether for the sake of ambition or the desire for privacy) many also find it useful to learn to simulate some degree of surface conformism in order to mask their inherent unconventionality.

Personal relationships, particularly romantic ones, can be the INTJ's Achilles heel. While they are capable of caring deeply for others (usually a select few), and are willing to spend a great deal of time and effort on a relationship, the knowledge and self-confidence that make them so successful in other areas can suddenly abandon or mislead them in interpersonal situations.

This happens in part because many INTJs do not readily grasp the social rituals; for instance, they tend to have little patience and less understanding of such things as small talk and flirtation (which most types consider half the fun of a relationship).
(Also guilty!) To complicate matters, INTJs are usually extremely private people, and can often be naturally impassive as well, which makes them easy to misread and misunderstand. Perhaps the most fundamental problem, however, is that INTJs really want people to make sense. (Absolutely, positively guilty!) This sometimes results in a peculiar naiveté, paralleling that of many Fs -- only instead of expecting inexhaustible affection and empathy from a romantic relationship, the INTJ will expect inexhaustible reasonability and directness.

Probably the strongest INTJ assets in the interpersonal area are their intuitive abilities and their willingness to "work at" a relationship. Although as Ts they do not always have the kind of natural empathy that many Fs do, the Intuitive function can often act as a good substitute by synthesizing the probable meanings behind such things as tone of voice, turn of phrase, and facial expression. This ability can then be honed and directed by consistent, repeated efforts to understand and support those they care about, and those relationships which ultimately do become established with an INTJ tend to be characterized by their robustness, stability, and good communications.
I found this fascinating, because the actual personality test is laughably simple, but this description fits my personality to a tee. My wife emphatically agrees. She told me to frame the printout for future reference.

Then I read the personality profile for Tim, INTP:
INTPs are pensive, analytical folks. They may venture so deeply into thought as to seem detached, and often actually are oblivious to the world around them.

Precise about their descriptions, INTPs will often correct others (or be sorely tempted to) if the shade of meaning is a bit off. While annoying to the less concise, this fine discrimination ability gives INTPs so inclined a natural advantage as, for example, grammarians and linguists.

INTPs are relatively easy-going and amenable to most anything until their principles are violated, about which they may become outspoken and inflexible. They prefer to return, however, to a reserved albeit benign ambiance, not wishing to make spectacles of themselves.

A major concern for INTPs is the haunting sense of impending failure. They spend considerable time second-guessing themselves. The open-endedness (from Perceiving) conjoined with the need for competence (NT) is expressed in a sense that one's conclusion may well be met by an equally plausible alternative solution, and that, after all, one may very well have overlooked some critical bit of data. An INTP arguing a point may very well be trying to convince himself as much as his opposition. In this way INTPs are markedly different from INTJs, who are much more confident in their competence and willing to act on their convictions.

Mathematics is a system where many INTPs love to play, similarly languages, computer systems--potentially any complex system. INTPs thrive on systems. Understanding, exploring, mastering, and manipulating systems can overtake the INTP's conscious thought. This fascination for logical wholes and their inner workings is often expressed in a detachment from the environment, a concentration where time is forgotten and extraneous stimuli are held at bay. Accomplishing a task or goal with this knowledge is secondary.

INTPs and Logic -- One of the tipoffs that a person is an INTP is her obsession with logical correctness. Errors are not often due to poor logic -- apparent faux pas in reasoning are usually a result of overlooking details or of incorrect context.
(Portions in red are my emphasis.)

Tim is a professor of Computer Science and Engineering at the University of New South Wales, Australia.

Then, later this evening I was reading Megan McArdle (Jane Galt) concerning the Rice testimony before the witch hunt, err, 9/11 Commission, wherein Megan said:
The energy expended trying to blame this failure on someone--George Tenet, Louis Freeh, Condoleezza Rice, or whoever--goes beyond mere regular partisan bashing. It seems to me to express an underlying conviction that of course someone could have stopped this - it's only a question of who. For the commission, especially, it's an unacceptable answer; they simply cannot turn to a frightened American public and tell them that it's really too bad, but we live in a scary world.
Not that this is any kind of earth-shattering revelation, but it struck me - once again - how it is that people justify civilian disarmament to themselves.

It's somebody else's responsibility to stop evil.

If one is detached from, and even oblivious to the world around them; if one is immersed in the theoretical without acknowledging what actually works versus what is ideal; then one can build a philosophy that justifies acknowledging a right to self-defense, but at the same time justifies complete civilian disarmament. That philosophy must deny that "we live in a scary world," and it must rely on someone else to be responsible. In this case, some unknown person or persons in the employ of the government. The idea that it's a scary world and that people in this world do evil things with intent is something that has to be avoided, because it runs contrary to the philosophy. The philosophy says that if everyone (save the government) is disarmed, then people will stop doing bad things. If you are attacked, the responsible party is not the attacker, it's that ephemeral other who is responsible for your safety and failed to secure it.

It's a wonderful theory, but it doesn't match reality.

It doesn't WORK in this scary world we live in.

On the other hand, from a pragmatist's viewpoint (mine), recognizing the actual risk means acknowledging that my probability of being on the receiving end of a violent encounter is pretty damned low - but non-zero. I know what I know, and I'm acutely aware of what I don't know. It also means acknowledging that the odds of a government official being present to protect me and mine is at the critical moment approaches even closer to zero, so I'd prefer the option of being armed - just in case. I therefore strongly object when others, who don't seem to acknowledge that "we live in a scary world," want to tell me I can't because doing so is in violation of their philosophical world-construct.

I acknowledge their world-view. I just understand that it's wrong.

I guess that appears as "simple arrogance to the less decisive," eh?

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Remember: Only Four More Days Until BAG Day II!

Aaron reminds us that April 15 fast approaches. Not Tax Day, but Buy A Gun Day II.

I've already got mine, the Makarov I bought for my birthday. But if you got something back from Uncle Sugar due to Dubya's tax cuts, consider picking up something that'll piss off Michael Moore or Diane Feinstein, or at least get their panties in a bunch. Consider what you have to choose from!

A "Saturday Night Special" (for those of you with less discretionary cash,) an inexpensive firearm like a used S&W Model 10 .38 Special revolver.

A "Pocket Rocket" - for those a bit more well-heeled - a small handgun in a large caliber, like a Kimber Ultra CDP II

For those of you who prefer long guns, how about an "intermediate-range sniper rifle," as the VPC likes to call them? In this case a Savage 10FP. (Yowsa! I'd like one of those!) or something less pricey, like a standard Model 10 GXP package. Either one will let you "reach out and touch" your target.

Or, for you scattergun enthusiasts, perhaps something for home protection? (Already got mine.)

And, of course, the pièce de résistance (assuming you aren't willing to wait for the sunset of the AWB) there's always the option of an FN-FAL, or an AR-15.

And finally, the gun that strikes fear in all those armored-limousine liberals, the mighty .50 BMG rifle! For the budget-minded there's the single-shot Armalite AR-50, a mere $2,745.00 retail, complete with "Owners Manual, Lifetime Warranty, Tylenol and Ear Plugs." But no ammo. Or for those who have earned a really good living exploited the downtrodden workers, there's the semi-auto Barrett Model 82A1, a mere $7,300 retail, and the "weapon of choice" of criminals across these United States. Just ask the good Senator.

Well, there are just a few ideas for you. Now, go forth and shop! The recovery of the economy rests on your shoulders!

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Reprinted Without Permission of the Author

Mostly because I have no idea how to locate him.

Back in 2001 I wrote on a site that no longer exists, Themestream.com. C. Dodd Harris of Ipse Dixit was also a contributor. It was, sort of, the largest joint blog going, with neatly subdivided topics. The thing that surprised me (and in retrospect probably shouldn't have) was the volume of really high-quality writing. There are a lot of intelligent people out there who just need an outlet, it seems. Anyway, I archived quite a bit of the stuff I found over there, and I ran across this piece this morning while looking for something else. I liked it enough then to save it, so I thought you too might enjoy it. The author is John M. Bennett. Mr. Bennett, if you'd like me to yank it, drop me a note.
Picknicking for Peace

by John M. Bennett, Feb. 2, 2001

Because the tone of political discourse in this nation has become rather hateful, I decided to ask two friends, one very liberal, the other very conservative, to join me for a quiet lunch in the country. I thought a peaceful setting and the sociability of sharing food would help us discuss our differences with civility.

We found a pretty spot near a stream that had very little trash along the banks. An old sofa and a pile of tires nearby were overgrown by vines, so the splendor of nature was virtually unspoiled. Leslie, the liberal, and Conrad, the conservative, followed me toward a large willow tree whose trunk had been elaborately decorated with primitive engravings and paintings. "Why don’t we set up under this tree?" I said.

"I’m a lesbian!" Leslie exclaimed.

"I ain’t no homo!" Conrad replied. They glared at each other.

"Maybe we should have some food before we start the discussion," I suggested.

Leslie glared at me now. "Do you have a problem with my sexuality?" she demanded.

"No, I was just wondering where we should sit."

"I ain’t no homo!" Conrad said, who was also glaring at me.

"Okay, I guess that’s all straightened out. Should we sit under this tree?"

Leslie punched me in the shoulder. "It’s none of your business how I express my sexuality, and your homophobia is interfering with my happiness!

Conrad took a few steps away from me and reached under his jacket. "You one of them homophobiacs?"

"Easy, Conrad. I’m just trying to figure out where we should eat. Should we take a vote?"

"Why bother?" Leslie said. "You two men have already decided, and Conrad has a gun. My rights have been violated before I even had a chance." She fell to the grass and began sobbing.

Nobody had a better location to suggest, so I spread a blanket next to Leslie and brought out the food. Since Conrad and Leslie seemed a little touchy, I decided to serve them. When they had their sandwiches, potato salad, and chips, I went to the ice chest for drinks. I noticed that Leslie had pulled out a calculator and was furiously calculating.

"How many potato chips did Conrad get?" she asked me.

"I didn’t count them, Leslie. Would you like some more chips? And would you rather have a Coke or iced tea?"

"I want to know how many potato chips the men got!"

"Okay. Conrad, count your chips, would you please? Coke or iced tea?"

Conrad didn’t answer. He was staring at something in the tree. "Be right back," he said. He ran off to his truck, ran back with a rifle. "There's a crow up there."

"Uh, that’s kind of a big rifle for crow, isn’t it?"

"Thirty-aught-six," he agreed. "It’ll splash a crow from here to kingdom come." He looked away from the tree to give me an Eastwood squint. "You trying to say I can’t own a gun?"

"Not at all. Just seems kind of heavy for shooting crows at a picnic. Besides, there are some houses over that way." I pointed to a neighborhood across the stream.

He didn’t quite aim the gun directly at me. "You can have my gun—"

"Easy, Conrad, I don’t want to pry your cold dead fingers off of anything, I was just saying—"

Leslie punched me in the shoulder again. "You know why people like you want to shoot crows?"

"But I’m not shooting any crows."

"Shut up! You want to shoot crows because they’re black. You can’t get away with shooting black men and raping black women, so you kill crows as a symbol of your hatred."

"But I don’t hate black people. I don’t even hate crows. I just want to be sure you have enough potato chips and something to drink."

BLAM! BLAM! BLAM!

Leslie fell to the ground, sobbing. "You killed him, you killed him! That poor, innocent, harmless, beautiful, tolerant, gentle, wise creature of the open sky and the lofty breezes."

I handed her a glass of tea. "It's okay, Leslie. I think he missed."

"It doesn’t matter! Shooting at a bird is just the same as killing a person. It’s like he killed me!"

Conrad had gone back to his truck to stow his rifle. "Conrad? Could you do me a big favor and apologize to Leslie for making her feel like you killed her?"

"I ain’t apologizing to no lesbo. And I ain’t no homo!"

"I know, Conrad, you’re a manly man with mediocre shooting skills. Still, I think it would be nice—"

Someone’s hand was in my pocket. I spun around to see that Leslie had lifted my wallet and was pulling out a twenty-dollar bill. "What are you doing?" I asked.

"I’m going to a fundraiser for the beached whales after the picnic, and I need some money."

"But I was going to buy groceries. And I need some gas to get home."

Leslie glared. "Gas is evil." She took the rest of my money and handed back my wallet. "Besides, don’t you even care about the beached whales? They’re smarter than people, you know."

"It’s not that I don’t care, I’m just not personally acquainted with this particular whale."

"Can’t be that smart a whale," Conrad added, "if he can’t swim well enough to miss an entire beach."

"It’s a she, not a he!" Leslie punched me again before she continued to Conrad. "Why do you always assume that the male is the dominant one in every situation? It’s a she-whale and her baby, or it could be her and her baby if she decided to reproduce, which is entirely up to her."

"I get it," Conrad said. "It’s okay for a slut whale to act however she wants, but if she’s a respectable married whale that goes to church, she’s got no rights."

"I get it," Leslie replied. "A male whale can nail as many female whales as he wants, but if a female whale has just one partner, she’s a slut."

We seemed to be losing the spirit of civility, so I tried to change the subject. "Conrad, did you count your potato chips yet?"

He made a fist and smashed his potato chips into a pile of chiplets. "Looks like about half a million."

Leslie began sobbing. "I only got sixty-four. I’ve been discriminated against by more than one hundred thousand percent." She shoved her calculator in front of my face. "See? The numbers are right there, and you can’t deny it. Besides, it’s solar-powered. I don’t believe in batteries."

"I’m sorry, Leslie. Please take my chips. You can have my sandwich, too."

Conrad punched me on the other shoulder. "What do you got against guns anyway? You some kind of wimp? You trying to make me feel second-class?"

"I’m sorry, Conrad. I wasn’t trying to make you feel bad. I own a gun myself, you know."

"Is there sugar in this tea?" Leslie said, gagging. "White sugar? Do you know how they treat those poor, oppressed farmers who grow and harvest the sugar cane?

"I’m sorry, Leslie. I won’t buy any more white sugar."

She snorted. "So you’re going to starve the sugar farmers so you can feel like you’re making a difference?"

"I’m sorry. I’ll buy more white sugar."

Conrad punched me. "You buying that foreign sugar? What about all those poor American farmers growing American sugar who are going hungry just so you can save a few pennies?"

"I’m sorry. I’ll buy more sugar from them, too."

Leslie punched me. "So you care more about your sweet tooth than you do about the beached whales?"

"I said I’m sorry! I’ll make some caramel and send it to the damn whales!"

They both stared at me in shock. "God," Leslie said. "You’re just full of hate and anger, aren’t you?"

Conrad nodded. "Can’t talk to someone like you who takes everything as some kind of personal attack."

"I’m sorry. I’ll try to be more civil. Would anyone like more potato salad? Another sandwich?"

Conrad jumped up and pointed. "Look at that. There’s an ambulance and a bunch of cops pulling up to that house. Looks like they’re taking a body out."

"Probably some hateful, fat, white man who had a heart attack from too much white sugar," Leslie suggested. "No great loss."

"Probably some homo lesbo who died of homo-AIDS," Conrad countered. "No great loss."

I could see that several of the people gathered around the house were pointing in our direction. "Listen, friends, maybe we should be going."

While I packed the picnic gear, Leslie calculated the effect of potato chip discrimination on her earning potential, and Conrad tossed empty beer cans from his truck into the stream. As I loaded the stuff in the car, I felt a large splat on top of my head. A crow was just flying away, cawing bitterly.

Before I could wipe it off, several police cars arrived. The officers surrounded me, guns drawn, chests puffed out for the television cameras that had followed them. "Don’t move!" their leader yelled. One of the cameramen shook his head, and the leader had to repeat himself several times before they got the sound just right. The cameraman finally nodded, and the leader continued. "You been doing some shooting around here, have you?"

"Not me. You see, Conrad was shooting at a crow—"

"With those houses nearby?"

"Yes, sir. I tried to warn him—"

"So you knew there was a danger to innocent people, and you did nothing to stop it. Is that right?"

"That’s not right! I was trying to stop him, but Leslie distracted me—"

"Ho, ho, ho! Disrespect and denial. Looks like someone’s going to spend his jail time in anger management and sensitivity training classes."

"Disrespect and denial? But I didn’t shoot—"

"You have crow crap on your head. That’s all we need to know. Take him away!"

As I sat in the car, handcuffed, hungry, waiting for the cops to finish their interviews, Conrad tapped on the window. "Sorry you got busted, wimp. Thanks for the chips."

A few seconds later, Leslie finished her interview, and she tapped on the window, too. "You know what your problem is? You never listen to other people. I’m going to tell the whale that you hate her."

I couldn’t be sure, but as they drove me away, I thought I saw the reporters trying to get a statement from the crow. I was satisfied. We had definitely made progress.


It is hell being reasonable, isn't it?

Nuke the gay baby whales for Jesus!

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Crucifixion Commission to be Formed

April 11, 2004
(The gospel according to Donks)
12 Apostles Knew in Advance

Reuters, CNN, ABC, NBC, CBS and AP are reporting that the Romans and Jewish leaders are not responsible for Christ's crucifixion. They claim the 12 apostles had advance warning about this in a dinner meeting they had with Jesus prior to the crucifixion. Calls are now being made for a formal comission to be formed to investigate the events leading up to that day to determine just who knew what and when they knew it. The commission's star witness is said to be Judas who served with Jesus prior to the crucifixion

Stolen shamelessly from Curmudgeonly & Skeptical who... well, follow the links.)

UPDATE: From the comments at FreeRepublic - "Continuing investigation into the Cross: was it built by Halliburton?"


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Saturday, April 10, 2004
 
Unintended Consequences

Private industry and individual genius is what has always driven the small-arms market. The recent panty-bunching fear of the .50BMG rifle as a "weapon of war" is but one example. The .50 caliber cartridge and the M2 machinegun were the products of the individual genius of John Moses Browning, but the use of the .50 BMG round in long-range precision rifles was the brainchild of a few dedicated experimenters, brought to commercial success by Ron Barrett, and they were shot for recreation and in competition long before they were adopted by militaries as "weapons of war."

The Geek has some excerpts that illustrate what happens when the civilian market is stifled by idiotic laws, and how detrimental it can be to our military.

Give it a read.

Write your congresscritters.

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Friday, April 09, 2004
 
This is Why Socialism Never Really Catches On

(And this is why I read Feces Flinging Monkey. How does he find this stuff?)

The mysteries of tipping the maître d' to get into a posh restaurant.

I'll never have a use for the information, seeing as I consider a decent lasagne haute cuisine, and dismiss most restaurants described in the piece as serving "foo-foo food," but the psychology behind it is as old as man.

Hmm... Maybe I will have a use for it someday. Just not at a restaurant.

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I Wondered How He Was Planning to Pull it Off

Wayne Stayskal, Tampa Tribune.

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Lileks Cuts to the Heart

In today's Bleat:
Listened to Dr. Rice’s testimony today while cleaning, doing puzzles, coloring – the usual morning routine. I thought she did okay. But the 9/11 commission has changed my view of the administration. I now believe that if Al Gore had been president, he would have invaded Afghanistan right away, fortified the cockpit doors, issued an executive order that made the CIA and FBI share intel, grounded all planes the moment “chatter” started mentioning “a winged victory, like the bird of righteousness,” and subjected all young Arab males to full-body searches in airports. Pakistan would have come around to our point of view right away.

Yep.


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I Pound My Head Against the Wall Because it Feels So Good When I Stop

(We now return to our original programming)

Tim Lambert and I are attempting to discuss self-defense and weapon regulation. In an odd mix of blog comments and posts that is probably hard for anybody but us (and maybe even us) to follow, this is the latest entry in that exchange. It started with this post, continued in the comment section, then that spawned this later post by Tim. I could not reply in the comment section of that post, so my response is below, here. Tim's response to that is in the comments to that prior post. Whew! And now I'm responding here.

A bit more background: The problem here, as I see it, is that Tim and I have entirely different perspectives based on entirely different philosophies. The philosophy that I believe Tim adheres to has led to the disarmament of UK citizens under the mistaken belief that it would make them safer. I believe, as I stated earlier, that Tim and other proponents of that philosophy suffer from cognitive dissonance - an inability to recognize the error of the philosophy, as most accurately described by Steven Den Beste:
When someone tries to use a strategy which is dictated by their ideology, and that strategy doesn't seem to work, then they are caught in something of a cognitive bind. If they acknowledge the failure of the strategy, then they would be forced to question their ideology. If questioning the ideology is unthinkable, then the only possible conclusion is that the strategy failed because it wasn't executed sufficiently well. They respond by turning up the power, rather than by considering alternatives. (This is sometimes referred to as "escalation of failure".)
Because of Tim's cognitive dissonance he is forced to dismiss or ignore anything that doesn't fit the philosophy. Thus, when I ask the question,
And how is a woman to exercise her presumed inherent right to lethal force against a rapist if she's denied any means with which to do so?
three times, he finally replies with:
Restrictions on weapons might make self defence more difficult in some cases, but they can also make it easier in others.
Isn't that comforting?

The first question Tim asked me in his latest post was:
(Y)ou asserted that the statement "self defense in the UK is illegal" is "practically true". If you acknowledge that you can defend yourself without a weapon, then surely you must concede that your statement is false?
Let's see what I've said about that question so far, in chronological order:
The law there seems to be one based on "proportional response" - e.g., stabbing someone who isn't armed with a weapon is "excessive force." So is bashing them over the head with a brick. There are many of these cases, and they've lead us to the conclusion that private citizens in Britain had best not resist attack, or face prosecution for usurping the authority of the State in its monopoly on the legitimate use of force.
--
The appearance is that, as I said, the government guards jealously the legitimate use of force. Proles should not overstep their restrictions.
--
Do you find the law prohibiting honest citizens from carrying any weapon suitable for self-defense, while the law ostensibly allows you a right to defend yourself somewhat schizophrenic?

The jury is supposed to take your "instinctive" response to being attacked into account, but if you use a weapon in your defense you're immediately assumed to have had it for offensive purposes. Am I misunderstanding the (il)logic here?
--
Tim, the law prevents anyone from carrying anything for self-defense. A knife, pepper spray, a club, a taser, anything.

As the law has (apparently) been interpreted (and I believe it was intended) the presumption on the part of the Government is that if you carry a weapon, any weapon, you are guilty of the intent to do criminal bodily harm. Yet the law gives lip service to the concept of the right to self-defense.
--
Is there or is there not a right to self-defense? English law says there is, yet its laws concerning weapons make self-defense, for all intents and purposes, a lost cause. The facts are that possessing, much less using anything that the State considers a weapon makes you a criminal in its eyes. It does not seem to legally recognize any legitimate use of force by any non-government actor.
--
There are no "offensive" weapons. They're just weapons. Or tools. (A hammer makes quite an effective weapon. So, apparently, does a walking stick .) A knife can be a tool or a weapon as well. Pepper spray or mace can be used to disable a victim as well as an attacker . Same for a taser, or an axe handle. So too for firearms.

It's not the weapon that carries the intent - it's the user. Yet the UK government has seen fit to tell the entire population "You're not trustworthy. You cannot be trusted with any weapon, because of the chance you might use it to inflict bodily harm upon another."

At the same time, it tells them that they have a right to inflict bodily harm upon another in defense of themselves - all the way up to homicide in the case of rape - but that the infliction of harm must be restricted to a reasonable level.

Who gets to decide what was reasonable? A JURY. Which means, if you use force effectively in your own defense, especially if you used any weapon in that effective defense, you stand a very good chance of being charged with excessive use of force, and placed on trial. After all, seems to go the reasoning, if you were able to effectively defend yourself, if your attacker is wounded and you are not, or if your injuries are less serious than his, you weren't in real danger and/or you de facto used excessive force.

That high risk of prosecution effectively chills the right to self defense. Who wants to risk court? Just the costs, not to mention the possibility of conviction? The inability to have or use a weapon in your defense also chills the right. If you are overmatched, what use is resistance?
--
I've said that, for those so willing (a firearm is) the BEST TOOL FOR THE JOB (of self-defense). But as Mr. Lindsay demonstrates, it's hardly the "only way." Your conclusion that my "argument is logically flawed" is based on your fallacious understanding of my argument.
That's seven times I've tried to make my position perfectly clear. Here's what Tim has said in response:
I think your arguments would be more persuasive if you could actually come up with a case that supports the position that self defence is not allowed.
--
Kevin, you seem to be equating self defence with guns. This is doubly wrong. First, guns are far more frequently used for offensive purposes than for defensive ones. And second, guns are not the only means for self defence.
--
To explicitly answer your question: No, I do not find the law to be schizophrenic. Restrictions on offensive weapons do not make it impossible to defend yourself.
--
Restrictions on weapons might make self defence more difficult in some cases, but they can also make it easier in others (because the attacker does not have a weapon). The net effect could be to make it easier or harder on average. It certainly isn't to make it impossible.
--
Even if there are some rare situations where a gun is the only possible means for defence, it does not make the statement that "self defense in the UK is illegal", since that is a general statement describing all situations.
(Emphasis mine.)
--
Despite learning that Lindsay had chased the robber out of his home and stabbed him in the back four times, in the comments and on his blog Baker continued to insist that self defence was illegal in practice in the UK. His argument was that England's "laws concerning weapons make self-defense, for all intents and purposes, a lost cause". His argument is badly wrong for two reasons.
1. Using a weapon is not the only way to defend yourself.
2. If the law disarms attackers, then it can make self defence possible where it would have been impossible if the attacker was armed.
Baker's response on the first point is to focus on cases where a weapon might actually be the only way to defend yourself...
And finally,
(Y)ou asserted that the statement "self defense in the UK is illegal" is "practically true". If you acknowledge that you can defend yourself without a weapon, then surely you must concede that your statement is false?
We're using the same words, but apparently speaking different languages.

So here you go, Tim: English law says, as I quoted:
Section 3 of the Criminal Law Act 1967 provides that a person may use such force as is reasonable in the circumstances in the prevention of crime, and the question of reasonableness is subject to the amplifications contained in such cases as R v McInnes and R v. Palmer. It has been held that "if a jury thought that in a moment of unexpected anguish a person attacked had done only what he honestly and instinctively thought was necessary, that would be most potent evidence that only reasonable defensive action had been taken."
and
One of the most important limitations on the use of weapons is of course that they cannot be carried or used to injure other people.
so weaponless self-defense is not statutorily illegal. Self-defense involving any weapon is legally risky. In both cases excessive force is to be judged by a jury. I think I said that several times. I think I was pretty clear about it, but if not, there it is in black and white.

Tim's second objection is:
You claimed that what I was implying was: "Honest citizens should never use a weapon in self defense, and the government is honestly doing everything it can to disarm everybody so that you can successfully defend yourself in your unarmed state." I never said anything like "Honest citizens should never use a weapon in self defense". Kindly refrain from stuffing words into my mouth. I do not appreciate it.
What I said, verbatim, in response to your assertion of "If the law disarms attackers, then it can make self defence possible where it would have been impossible if the attacker was armed." was:
Nice of you to admit that last point. Big "if" there at the start, though. Because what you are saying here by implication is "Honest citizens should never use a weapon in self defense, and the government is honestly doing everything it can to disarm everybody so that you can successfully defend yourself in your unarmed state."
Tim, that's how it translates to me. If that's incorrect, please explain, in detail, exactly what you did mean.

Tim continues:
You continue to insist that "laws against weapons have essentially no effect on the access to weapons by criminals", claiming that the English experience somehow illustrated this. You then write extensively about the violent crime rate England. But this is not even relevant to your claim, since it includes violence done without weapons.
Not relevant? Why? As I pointed out - REPEATEDLY - by disarming the law abiding it leaves them essentially defenseless against violent criminals, armed or not. All the criminal need be is physically superior to his victim, or (should he desire) the criminal can be armed, knowing almost as a certainty that his victim won't be. If criminals need not fear effective resistance then they will be emboldened. I pointed to England's experience with violent crime over the course of the 20th Century, noting that the real upswing in violent crime began just shortly after passage of the law that made illlegal carry of any weapon for defense on the grounds that there are no "defensive" weapons for the general public, only "offensive" weapons by definition. Yet those same weapons, when held by government officials, are considered "defensive." I gave a hypothetical example of weaponless self-defense, and then added two conditions that made weaponless self-defense even more hazardous. Tim did not comment.

Tim continues:
In 2000, England had about 4,000 with-gun robberies while the US had 170,000 After allowing for six times as many people in the US, the rate is still seven times higher in the US. This hardly proves that the laws made the difference, but the evidence is not on your side.
To me that isn't as important as the fact that England, according to the British crime survey, suffered 276,000 robberies in 2000, and the U.S. about 408,000. With six times England's population, that makes the English rate four times the American rate. Tim evidently considers the higher rate of robberies involving firearms to be worse than an overall much higher rate of robberies period. I do not concur. That is apparently the disconnect between our two philosophies - as long as the perpetrator doesn't have a gun it seems, the crime committed has less importance. I don't want to be the victim of a robbery, period, and I think that government policies that "restrict" my chances of successfully defending myself against them are immoral.

Now, I suppose, we'll start trading statistics again?

Tim concludes:
I also note that you did not comment on the Kleck quote I gave. Do you concede that the "overmotivated criminal" is a fallacy as Kleck argues?
The pertinent part of the Kleck quote was this:
Like noncriminals, however, criminals do many things that are casually or only weakly motivated.
--
(I)t is not all impossible for crime prevention efforts to be achieved among the more weakly or temporarily motivated criminals who make up the large part of the active offender population.
Specifically as it comes to guns, Kleck is correct, but by disarming the citizenry and by making it legally risky to use weapons in self defense, it is safer for "weakly or temporarily motivated criminals" to commit crimes against other people. They don't need a gun to be successful. Physical superiority, a knife, a steel bar, or even a broken bottle is all that is needed.

An here's the pernicious part, what I believe is the unintended consequence of a philosophy that considers all weapons in the hands of non-government agents to be "offensive weapons," one that does not recognize that citizens can carry a weapon with defensive intent: Those "weakly or temporarily motivated criminals" learn that violent crime is lucrative, easy, and low-risk, and with each new success they become emboldened to do it again. This draws others to do it as well, just as the lucrative illicit drug industry constantly attracts new "talent." Easy money. Some percentage of those "weakly or temporarily motivated criminals" become professional or at least semi-professional at it, and are willing to carry the tools of the profession.

This is a long-term trend, and I believe the history of violent crime in England illustrates this. The rising level of violent crime in England as a result of the failure of the philosophy that "all weapons are offensive" forced the government to become ever more restrictive towards the general citizenry without affecting the ever rising levels of violent crime. In combination with other failed social policies, particularly social welfare and criminal justice reform, disarming the general public has resulted in a polity with the highest level of violent crime in the developed world.

Still unwilling to admit the error of the philosophy, the government continues its congnitive dissonance and "escalates the failure" by announcing a desire to end of "double-jeopardy" protections and trial by jury for some crimes. Another incremental step toward what would be, for all intents and purposes, a police state, not a free nation.

All of this justified, apparently, by a fear of firearms.

UPDATE, 5/2:

I made an error in this post, which Tim pointed out:
Oh, and you blew the comparison of robbery rates. You have compared the survey measured robbery rate in England with the police reported robbery rate in the US. The police reported number in England is 78,000 (it's right next to the 276,000 figure you reported) that's roughly the same rate as you get with 408,000 robberies in the US once you adjust for population.
He was quite correct. I was wrong. I have apologized and clarified my position in a later post.


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Wednesday, April 07, 2004
 
Hudson Was Wrong

(If you're just coming to this site and reading top to bottom, skip down one post to figure out what's going on.)

Well about three full days have passed since I asked that important question, and it's drawn a few comments and a bit of attention. So what have I learned?

I've learned that the people who make up my audience are a damned pessimistic bunch, for one. The ratio of comments like this:
"Okay, I'm thoroughly depressed now. Have we passed the point of no return? Are we on the verge of another Dark Age?" - Sarah

"Worse than any other aspect of our situation is the sense of hopelessness that pervades even the most ardent devotees of freedom." - Francis Porretto

"Like you, I am practically out of ideas. Every day we get the choice between slavery and rebellion, and so far, most folks ok with slavery." - Robert

"The main difference between Bush and Kerry, WRT civil liberties, is what size boot they use when tromping in one place, vs. some other." - jed

"Answers? I don't have answers. I think I'm probably in the same boat as most of you. If there was a real fight, I'd fight, but in the meantime, what? Just watch?" - mostlycajun

"At the moment, I don't intend to have children, and I don't have any ideas. About the only thing I'm certain of is now is not the time to give up drinking." - LabRat

"This is why I'm religious: there is no hope for freedom anywhere in the world any longer." - Sydney Carton

"We're on the road to totalitarianism right now, and voting the same people into office is not going to turn us from that path. At best it will slow us down slightly, though I'm no longer convinced of that." - Dennis

"What is the answer? Wait for the collapse of Social Security to bring down the beast and then be ready to fight off every other ...ist to restore this country to the intent of the original founders." - Ken
to comments like this:
"Though it may seem Pollyanna-ish, I believe that we have reached or are nearing the nadir of the current trough, and the upward side of the catenary approaches." - Mark Phillip Alger

"The side for liberty is winning." - Doug
was about, oh, 10:1.

The one thing almost all the pessimists had in common was - no answers. Fûz, author of WeckUpToThees! suggests that we start committing civil disobedience when the campaign finance laws start kicking in, restricting freedom of speech. Not "Big Media" - us. You and me. But then Michael Williams of Master of None points out that we live in a system of lots of laws, but only random enforcement - just enough to put fear into others and keep us in our places. (Think RIAA enforcement.) Fûz might be right - but I doubt it.

The most striking thing I found was apathy. This site has received about 1,400 hits since I posted "An Important Question." It drew 47 comments (not including my replies) from 22 respondents. I posted a link to the essay at AR15.com - surely a hotbed of the perennially pissed-off - which garnered 613 views, but only seventeen responses (two optimistic, the rest pessimistic). That's a signal of apathy, to me anyway. Interested enough to read, but not interested enough to bitch.

And that defines the problem, as I see it. The vast majority are simply apathetic.
ap•a•thy
Function: noun
Etymology: Greek apatheia, from apathEs without feeling, from a- + pathos emotion
1 : lack of feeling or emotion : IMPASSIVENESS
2 : lack of interest or concern : INDIFFERENCE
We are, as a nation, impassive. We are indifferent. As I said in my letter to Rev. Sensing,
The overwhelming majority of the populace, I believe, is ignorant and apathetic. They might sense the loss of their freedoms, dimly, but they don't know and they don't want to know.
We here in the blogosphere who are (supposedly) active and connected, have no consensus other than "Every day we get the choice between slavery and rebellion, and so far, most folks (are) ok with slavery."

Well I'm not, but it does appear that way.

As I wrote a long time ago, I believe that a "right" is what a majority of the population of the society I live in believes it is. This is pragmatically true, as opposed to ideally true. Ideally "rights" are concepts shared by all and revered, but practically that's untrue. You can stand before a magistrate and demand your rights, but in most societies throughout history your understanding of your rights wouldn't keep your head attached to your body, or in the 20th Century stop the bullet that ended your protests. I'm engaged in a discussion right now with Tim Lambert of Deltoid who professes to believe in a "right" to self-defense, while defending a philosophy that allows complete disarmament of the law abiding populace against agressors. Tim is hardly an exception in this world, now or historically.

A respect for rights isn't natural, it's learned - and when we stop teaching our children about our rights, a reverence for them; when we neglect to educate the incoming generation as to what those rights are and why they're important and why they should be defended even against the seemingly most minor infringement, then apathy becomes entropy and our rights dissolve toward chaos. When we give the rights the Founders believed to be essential only lip service, suddenly we get all kinds of new "rights." A "right" to abortion. (Don't write letters.) A "right" to "freedom from gun violence." A "right" to gay marriage. A "right" to government provided health care. A "right" to... well you get the idea. And all those "rights" are eventually given equal weight - essentially none at all when the rubber meets the road.

In 1776 a group of men, excellently educated (whether self-taught or formally) and with a new but common understanding of the rights of humanity, decided they'd had enough and stood up to be counted. They pledged their lives, fortunes, and sacred honor and took up arms against an overwhelming enemy. These few men led many more who were angry but not so committed. Another Mencken quote (the man had so many): "It doesn't take a majority to make a rebellion; it takes only a few determined leaders and a sound cause." We can't define a cause, though. Nor an enemy. "We have met the enemy and he is us." - Walt Kelly.

Francis Porretto also said this:
Violent revolution is a nasty prospect. Alongside the unpleasantness of it, there is also this: most revolutions in history have intensified tyranny, rather than ameliorated it. Alternatives are certainly welcome.

Civil disobedience is less nasty for everyone but the disobedient. Though most people don't have the courage for it regardless of how valid it appears, in every generation there are a few who'll put their lives, fortunes, and sacred honor on the line to defend some principle of justice. But successful civil disobedience has a list of necessary preconditions that can be hard to meet. The carnage among the courageous few is enough to make one think...and back away.
I'm beginning to repeat myself, I think.

Commenter Brian wrote:
I'm coming to the conclusion that it's better to live outlaw like I did when I was a kid than to bother acting like I'm a citizen. The law seems to do nothing beneficial, and I've always been willing to break it.
--
There's no need to respect the laws that don't respect you, or fear the gov- just embrace freedom and accept that you COULD be imprisoned or killed, but you'll live freer than almost anyone before that happens. It's worth it, to me.
That echoes Francis in his next paragraph:
There is a third way, and it can be applied to many of the usurpations of power that occur in American society: passive resistance, sometimes also called passive non-compliance. It is much less risky to its practitioners than civil disobedience, and it doesn't usually set the streets awash with blood. More, it has a good record of success, although when it wins, it doesn't always win everything one has hoped for.
Francis then goes on to expound on what it takes to make passive resistance a successful strategy for manipulation of the government. But Brian, I think, has the right of it - screw strategy. Embrace freedom and accept that you could be imprisoned or killed and live free while you can. Teach your children about those ideal rights, and live them. Don't respect those laws that don't respect you, and be willing to pay the consequences of violating them if you get caught.

So my life, my fortune, and my sacred honor stand ready to be sacrificed in the defense of my rights and the rights of those I love as I understand them. I am a citizen of this nation as much or as little as it protects and defends those rights under which it was founded, not as they are (mis)understood today. I will obey those laws with which I agree, follow those laws I am unwilling to suffer the penalty for, and I will disobey those laws I find egregious. This may mean that, at some time in the future, the State may decide to "selectively enforce" itself on me to make an example. At that time and at that place I will decide how to respond, for that choice is mine and always will be. In the mean time, I will agitate for those rights, making sure those in power remember that they swore oaths to defend them whether they understood them or not. I will continue trying to educate others so that they, too, understand what it is they are losing, what they are allowing others to throw away, and so they will hopefully not choose slavery.

That's what I owe my grandchildren.

Hudson was wrong, the game wasn't over. He died anyway - but he died fighting, not lying down, defending himself and his people. Like Hicks said, sometimes I want to take off and nuke the place from orbit - it's the only way to be sure - but I'm just a grunt and don't get to make those decisions.

UPDATE 4/8 9:30AM: The Geek responds.

UPDATE, 10:25: From the comments, Dano writes:
I'm not sure I agree with your "apathy" conclusion, Kevin -- at least, not as applied to the readers of your post(s). The nation, overall, being apathetic ("fat, dumb and happy" comes to mind) I'll go along with. You asked for "ideas" and as I'm in the Pessimistic Camp, I haven't got any. Rather than comment and say "I don't know what to do," I merely read. It's going to get worse before it gets better (if it does) and I don't expect to see it get better in my lifetime. I'd love to be wrong.
My response:
Dano:

Read the Geek's piece linked at the bottom of the post. I stand by the apathy conclusion. Being pessimistic and using that as an excuse to just stand by and watch as the structure collapses is apathy. "I can't do anything!" is not an excuse not to try.

Stand up. Be heard. Make your opinions known. Write your congresscritters. Write letters to the editors when peices are published you don't agree with, and when they publish stuff you do. Call or write your TV news outlets when they do something objectionable or praiseworthy. Start a blog.

If we're going down anyway, let's all go down fighting every inch of the way. Fvck 'em - WE'RE AMERICANS! We don't back away from a fight.

And who knows?

The horse might learn to sing.


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Saturday, April 03, 2004
 
An Important Question

This is not exactly what I expected, but since the good Reverend felt it worth posting, I guess I will. And I'd like all of you out there with whom this question reasonates to post it too.

Earlier this evening I wrote a letter to Rev. Donald Sensing, the minister who runs One Hand Clapping. Here's the letter in its entirety, though I've added hotlinks that I left off the original missive.


--

Rev. Sensing, I've read your blog for a while now, off and on, and you strike me as one of the not-so-common deep thinkers in the blogosphere, so I'd like to ask you a question. First, I'd like to preface it with some background information. December 12 you posted a piece you titled Bush Republicanism = Roosevelt Democratism? In it you wrote:
I predict that the Bush administration will be seen by freedom-wishing Americans a generation or two hence as the hinge on the cell door locking up our freedom. When my children are my age, they will not be free in any recognizably traditional American meaning of the word. I’d tell them to emigrate, but there’s nowhere left to go. I am left with nauseating near-conviction that I am a member of the last generation in the history of the world that is minimally truly free.
That same day, Francis Porretto, writing about the Supreme Court decision upholding the Campaign Finance Reform Act wrote:
So long as speech was protected, Americans could claim with some justice that we were in some sense free. If Tuesday's Supreme Court decision prevails, we will not be able to call ourselves even partly free. We will be a people in chains. Chains forged to protect incumbents from having their records in office publicized in the press as they stand for election. Chains forged to increase the power of the Old Media, granting their journalists and editors the last word on political campaigns. Chains forged by (and for) men to whom "the people" are not only not sovereign, but are a force to be fastened down and made to do as they're told by those who know better.
A couple of weeks ago, I posted a link to a story in which Supreme Court Justice Antonin Scalia reportedly said in a speech he gave in New Orleans:
It is literally true that the U.S. Supreme Court has entirely liberated itself from the text of the Constitution.

We are free at last, free at last. There is no respect in which we are chained or bound by the text of the Constitution. All it takes is five hands.
Then last week the 5th Circuit ruled on a case that (in my opinion) broadly widened police powers and greatly weakened the 4th Amendment protection against warrantless search. That prompted me to write an essay I titled "The Road to Hell is paved with Good Intentions" (it's still up on the front page of my site if you want to read it. I'm not trolling for links here.) [And I wasn't.] In the course of writing that essay I came across a 9th Circuit decision that made me sit back in shock, and after a couple of days I wrote another essay I titled "Game Over, Man. Game Over."

In short, I have come to the same conclusion you did in your December 12 piece - that we are 'the last generation of the minimally truly free.' My epiphany came when I read that 9th Circuit decision, because until then I still believed that the judicial branch of the government could, if the justices were honorable and honest, still save us from our folly and return us to the intent of the Constitution even after I read Justice Scalia's quote. My "nauseating near-conviction" wasn't "near" anymore.

In the late 1700's it was easy to see who the enemy was - King George. And his agents wore red coats and some wore silly wigs, and all went around with great pomp and circumstance, and we went to war over a level of taxes that citizens today would be ecstatic to pay. But today the enemy is simply "government" and that means, to most people: "us." The overwhelming majority of the populace, I believe, is ignorant and apathetic. They might sense the loss of their freedoms, dimly, but they don't know and they don't want to know. Today I wrote another piece wherein I said that I'm not Don Quixote, I'm 42 and fat and raising the black flag and slitting throats is not my style. To be honest, I don't even know whose throat to slit when it comes down to it.

So here's my question: Believing what we believe, is it moral for us to let it happen without standing up and pledging our lives, our fortunes, and our sacred honor to fight it? I have grandchildren. What do I owe them?

--

Rev. Sensing didn't have an answer. He put up excerpts from my letter and my essays and asked his readership for their ideas. I'm asking you for yours. And I'm asking you to ask other people for theirs. Because I don't want to be a member of "the last generation in the history of the world that is minimally truly free."

4/5/04 NOTE: I'm going to leave this up for a couple of days - no new posts, even though there is much (much) out there I'd like to comment on. This is a Blogspot blog. I have no option available to leave this at the top of the page, and that is, as far as I'm concerned, where it needs to be for a while. I'm sending out emails to people who run various sites asking them their opinions, too. Perhaps after a few days I'll have enough feedback to... I don't know what, exactly. But I'll write another piece and tell you what I think. You can count on that.

UPDATE, 4:27PM: C. Dodd Harris responds at Ipse Dixit

UPDATE II, 6:31PM: Mark Phillip Alger of BabyTrollBlog responds. Optimistically!

UPDATE III, 7:40PM: Michael Williams of Master of None asks if we're actually less free living under a system of myriad laws, but essentially random enforcement. His question echos one asked by Mike Spenis last week.

"Doug,"commenting at Francis Porretto's site says things are actually turning around.

Update, April 6, 5:05AM: Fûz of WeckUpToThees! suggests that we test our new chains with a little civil disobedience starting Sept. 3 when the Incumbent Protection Campaign Finance Reform laws begin infringing on our free speech rights, and

Donald Crankshaw of Back of the Envelope disagrees with Spoons, saying "Today, those who want judicial restraint have no choice other than the Republicans."

We're drifting off topic a bit, but at least we're discussing the problem.

UPDATE 8:51PM: SayUncle puts up a pithy, link-filled post pointing out government excesses followed by outrages illustrating the infringement of our individual rights, mostly in the name of "public safety." Which reminds me of another Mencken quote:
The whole aim of practical politics is to keep the populace alarmed (and hence clamorous to be led to safety) by menacing it with an endless series of hobgoblins, all of them imaginary."
Well, perhaps not all of them, but certainly most.

UPDATE 4/7, 4:28PM: Dale of Mostly Cajun took my question and expanded it to "How free are we?"

Good question. I'll have a new post up this evening.

UPDATE 4/8 9:43AM: Heartless Libertarian thinks Civil Disobedience is a viable path.


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Tim Lambert Responds!

Tim has a new post up, dedicated to proving me wrong after that long exchange. Too bad we seem to be arguing different topics, but... My response is (typically for me) really long, and the preview function in his comment section seems to have puked, so I'm responding here. Please go read Tim's opening salvo first so you understand what I'm responding to.

Glad you responded, Tim. I thought for a second you'd abandoned the field!

Point 1: I stated, quite plainly:
Where have I said a gun is the ONLY way?

Please, point it out.

I've said that, for those so willing it's the BEST TOOL FOR THE JOB. But as Mr. Lindsay demonstrates, it's hardly the "only way."
Now you've changed the assertion to that I state a WEAPON is the "only way" to defend yourself, even though I gave a hypothetical example of unarmed self-defense in that same thread:
Example: Someone confronts me and demands my wallet (with an implied threat of physical injury if I do not comply.) Instead of yielding up my wallet, I punch him in the mouth and knock him out. Doing so, I break my hand. I am injured, but I have not lost my wallet. I have successfully defended myself, even though I did not avoid injury. I have done something else - I have prevented a crime of violence (robbery edited from the original) through the legitimate use of force. My punching him in the mouth is not assault, it's self-defense. If I am able to call the police and the mugger is apprehended, (hopefully before he recovers consciousness) I have aided in removing a violent criminal from the street (until they put him out on bail ten minutes after arraignment.) If I then testify against him and put him in jail, I've done a bit more effective job (unless he gets a sentence of probation.) Regardless, I've not only defended myself, I've defended society by resisting violent crime and attempting to remove a violent criminal from the general population.

Now, repeat the exercise above with the assailant holding an (illegal) knife, and me with only my hands and feet with which to defend myself.

Then add my wife and my two grandchildren to the equation.
I note you didn't comment on that example.

Point 2: "If the law disarms attackers, then it can make self defence possible where it would have been impossible if the attacker was armed." Nice of you to admit that last point. Big "if" there at the start, though. Because what you are saying here by implication is "Honest citizens should never use a weapon in self defense, and the government is honestly doing everything it can to disarm everybody so that you can successfully defend yourself in your unarmed state." Well! That's comforting. Good to know the government is looking out for its citizens. But it's obvious to anyone with two brain cells to rub together that the law doesn't disarm attackers. They choose to carry a weapon or not regardless of the law.

You're damned right I focus on cases where the only way to defend yourself is with a weapon, because the UK government has seen fit to disarm the law-abiding. As the link you provided in the original thread stated,
One of the most important limitations on the use of weapons is of course that they cannot be carried or used to injure other people. (Emphasis added)
Apparently any other people, including someone who assaults you.

I did indeed assert that the laws against weapons have essentially no effect on the access to weapons by criminals. I didn't provide evidence because I thought anyone reading would acknowledge that the English experience pretty much illustrated that, but no, you've whipped out some pretty charts to ostensibly prove otherwise. Well, I'm game.

Your first chart indicating violent crime rates shows a climb from about 2.2 million incidents in 1981 to about 4.2 million in 1995, then a reduction to about 2.5 million in 2000. According to this Home Office page in 2002/03 it's back up to not quite 2.8 million. You're certainly right about crime going up and down, but you're looking at the short trend, not the long one, and you neglect to note that violent crime here in the States - where we don't "enjoy" the kind of weapon control laws the UK does, also began trending down at the same time. One problem - the rates in England & Wales now exceed ours, and have for a while. Hell, they exceed most everybody's.

The second graphic shows armed robberies involving firearms and you use it to state "Robberies with firearms are less frequent now than they were at the start of the 90s." They are? The way I read that chart, they climbed dramatically from 1990 to '95, dipped pretty significantly after 1995 (prior to Dunblane) and they minimized in 1998, but they're right back up to where they were in 1990. I thought the handgun ban was supposed to make everyone safer? This Home Office report indicates that from 1991 through 1995 violent crime committed with firearms in England and Wales stayed fairly stable at about 13,000 per year. Then there was the '96 handgun ban and things started to fluctuate, but the trend is still UP rather than DOWN. UP, in fact to a level of over 22,000 for 2002.

Aside from that, British weapon control laws started long before 1981. They actually started about 1920 (Bolshevism and all that) with The Firearms Act, 1920 that required registration of rifles and handguns and introduced the "good reason" restriction. "Self defense" at that time was an accepted "good reason." It really got going in the middle of the century with the Prevention of Crime Act, 1953 which made it illegal to carry an "offensive weapon" without demonstrating a "need." "Offensive weapons" included knives, pointed objects, and tear gas along with firearms. This is, apparently, where the government decided that "the most important limitations on the the use of weapons is of course that they cannot be carried or used to injure other people."

Here's a challenge, Tim. You work at a university and have access to stuff that's not on-line. Go dig up the violent crime rate statistics for England & Wales from 1900 through 2000. Long ago I found statistics that showed the rate was low and stable up until shortly after passage of the Prevention of Crime Act, 1953. In 1958 the rate was a tiny 69/100,000, but it climbed strongly and steadily from there until by 1997 it was up to 647/100,000 - a more than 900% increase. According to this report the rate for 2002/03 was 1900/100,000. Now, I'm certain that changes in the way crimes are recorded has had an effect on those numbers, and while Gary Mauser's graph shows an apparent step-change in those rates right about 1997, they just kept going up.

Perhaps you're right, perhaps the fact that the government implemented a philosophy of
All weapons are offensive and weapons cause violent crime, therefore we must do everything in our power to disarm our populace in order to prevent violent crime!
isn't responsible for the increase, but I've not seen any other explanation for it. But you know us "gullible gunners!" So simplisme.

What I have seen is that implementation of that policy has not made England and Wales safer. That polity has moved up rapidly to achieve the rank of #1 in violent crime in the developed world. Regardless of whether the laws passed as a result of that philosophy are responsible for the increase, both have proven useless in actually reducing violent crime. The philosophy has failed, yet it has been repeatedly tried, each time with more vigor, in a textbook example of cognitive dissonance.

I'll repeat myself, since it seems necessary: This isn't about guns. It isn't about weapons. It's about a philosophy that denies the absolute right to defend yourself, your family, and your property while giving that right lip-service. If you can defend as valid a system that tells people they have a right to self-defense but denies to them the means to exercise that right then we can't have a productive discussion. We won't be talking to each other. But I hope sincerely that you'll continue this exchange, because other people need to see it. They need to see how you can answer the question,
And how is a woman to exercise her presumed inherent right to lethal force against a rapist if she's denied any means with which to do so? What weapon is she left with? Foul language? Mean thoughts? Rapier wit?"
with
Restrictions on weapons might make self defence more difficult in some cases, but they can also make it easier in others.
Abstractions are always so much easier to deal with than hard realities.

I've got lots of questions to ask you Tim, and I'm really interested in your responses. Here's an invitation: I have another blog that I started just for discussions like this, because comment sections are just too damned limited. Want to join me there? Would you rather just trade posts? Or would you rather stop now before I make your brain hurt in your defense of the indefensible? As I said, I'm game.

UPDATE, 4/5/04 10:30 AM MST: Tim has a new post up, but has yet to respond to this post in either my comments, his comments, or the body of his blog. It's only been two days, though. I'll give him a couple more...

UPDATE 5:00PM: You've GOT to read this! Aaaaaahhhggghh! And I can't post on it yet! THAT gets archived!

UPDATE 4/6 11:00AM: Tim has responded in the comments of his post. I think he's going to find that forum restrictive if this exchange goes on very long, but his choice. I'll reply in a couple of days, probably after I have something to say about my question above.

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Another Example of the Need for Jury Nullification

Blake Wylie of The Nashville Files has put up an op-ed printed in a local newspaper on the story of Mark Lancaster. Blake has been covering this story because it's flown under the radar of pretty much anything but local interest. For background, I recommend that you read this post, then proceed to the editorial.

Cases like this are the reason We The People are supposed to have the power of Jury Nullification. WE are supposed to have the power to determine if a law passed by our legislatures is excessive on a case-by-case basis. But that takes power out of the hands of government, and thus it cannot be allowed because we proles might abuse it. True, the power of Jury Nullification - like all powers - is sometimes abused, but that's our failure. Without it, only the government gets to abuse the law.

Without the power to check it, we all are under threat of overzealous or malicious prosecution of the myriad laws, rules, codes, and statutes that exist, and the thousands more produced every year. Radley Balko wrote in a recent Fox News op-ed:
The federal tax code today covers 17,000 pages and requires over 700 different forms. The IRS estimates Americans spend 5.1 billion hours annually merely preparing their taxes. The Tax Foundation estimates that those wasted hours drain some $194 billion annually from the U.S. economy. All of that comes before Joe Taxpayer forks over his first dime.

The federal criminal code is just as bad. Thomas Jefferson wrote that the U.S. Constitution gave Congress the power to criminally punish “treason, counterfeiting the securities and current coin of the United States, piracies, and felonies committed on the high seas, and offenses against the law of nations, and no other crimes whatsoever.” Yet the federal criminal code today spans some 1,400 pages, and that’s just the “pocket edition.”

The Federal Registry, which records all of the regulations the federal government imposes on businesses (all of which carry the force of law), now exceeds 75,000 pages. The Office of Management and Budget estimates that merely complying with these regulations — that is, paying lawyers to keep educated on them, interpret them and implement them — costs U.S. business another $500 to $600 billion per year.
That's just the FEDERAL set. Each state has something similar, if not larger.

One more time (this'll be the fourth, according to Google) I'll quote Rand:
There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted - and you create a nation of law-breakers - and then you cash in on the guilt. Now that’s the system!
Did Mark Lancaster violate the law? He certainly did. Should he go to jail? Certainly not. But the system says otherwise, and We The People have no power to stop it.

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Friday, April 02, 2004
 
Hoist the Black Flag! What? Oh, Never Mind... or Who Knows? The Horse Might Learn to Sing

Reading back through the last couple of week's postings, I see a decidedly dark cloud without much of a silver lining. Henry Louis Mencken, one of my favorite people to quote, once said

"Every normal man must be tempted at times to spit upon his hands, hoist the black flag and begin slitting throats."

Well, I can certainly agree with that. He also said,

"Democracy is the theory that the common people know what they want, and deserve to get it good and hard."

and,

"Every decent man is ashamed of the government he lives under."

Another:

"I believe that all government is evil, and that trying to improve it is largely a waste of time."

One more:
"The most dangerous man to any government is the man who is able to think things out... without regard to the prevailing superstitions and taboos. Almost inevitably he comes to the conclusion that the government he lives under is dishonest, insane, intolerable..."
I return to Mencken's quotes from time to time. My memory may be perfect, but my recall leaves a great deal to be desired, so each time I re-read his stuff I find something, one or two quotes, that illustrates or punctuates something I've recently thought or written about. Like these three in relation to the thread over at Deltoid I wrote about Wednesday and Thursday:

"The most costly of all follies is to believe passionately in the palpably not true. It is the chief occupation of mankind."

"Most people want security in this world, not liberty."

"I believe in only one thing: liberty; but I do not believe in liberty enough to want to force it upon anyone."

No, I'd rather lead them to it, show it to them, and let them choose between it and the "palpably not true." Problem is, nobody seems to want to follow.

"The public, with its mob yearning to be instructed, edified and pulled by the nose, demands certainties; it must be told definitely and a bit raucously that this is true and that is false. But there are no certainties."

I don't offer certainties. I'm right up front about that. Liberty is risky. Liberty is hard. Liberty offers no certainties. No wonder so many people want to believe passionately in the palpably not true. The truth is unsettling, uncertain and apparently not safe. But trying to make your world safe requires that you build a cage around yourself, lock the door, and hand the key to someone else who you will then be dependent on. Someone else who is under no compulsion to care for you at all. The cage might be big or small, plush or plain, but it's still a cage, and someone else is in control.

I'm like Don Quixote, tilting at windmills.

"The urge to save humanity is almost always a false front for the urge to rule."

Well, not in my case. I must be the exception.

"Whenever you hear a man speak of his love for his country, it is a sign that he expects to be paid for it."

Ditto.

"It is inaccurate to say that I hate everything. I am strongly in favor of common sense, common honesty, and common decency. This makes me forever ineligible for public office."

Yup.
"I believe that it is better to tell the truth than a lie. I believe it is better to be free than to be a slave. And I believe it is better to know than to be ignorant."
Absolutely.

I have said, in more than one post, that it appears to me that the system we live under is damaged beyond repair. The duct tape, chewing gum and bailing wire aren't going to hold forever. Many of the components of tyranny exist and we're happy to build more, tearing chunks out of the Constitution as building blocks, cheerfully and deliberately avoiding thinking about how easy it will be for someone in the future to assemble those new components into a working whole. "It won't happen," we think. "This is America - Land of the Free, Home of the Brave. Besides, my cage is big and plush. That's someone else's problem."

I've said that I think a crash is coming, but then people brighter than I have been predicting the same throughout the centuries. (That's comforting until you realize that some of them were right.) I said in the comment thread over at Feces Flinging Monkey this morning, "When a sitting Supreme Court Justice admits defeat, "Game Over" indeed. All that's left seems to be the bloodbath." Well, yes. But that doesn't mean I'm ready to hoist the black flag and start slitting throats. (The urge is there, but I'm 42 and out of shape.) Besides, like Don Quixote I tilt at windmills, I don't slit throats.

There's an old joke about a man who was condemned to death for stealing a kiss from the King's daughter. He told the King that if his life was spared, he would teach the King's favorite horse to sing. Instead, the King made a bargain.
"I'll spare your life for one year," the King said. "If in that year you teach my horse to sing, you will go free. If not, your sentence will be carried out."

Later in the stables the condemned man, chained in the stall, was brushing the horse and crooning in its ear when a stablehand came up. "Why'dye make sooch a harebrained bargain?" he asked.

"A lot can happen in a year," the man replied. "The King could die. The horse could die. I could die. And who knows? The horse might learn to sing."
I think our freedoms are going - slowly, incrementally, inexorably. I think it's self-inflicted. I no longer think the Courts are the answer. I don't see an answer. The one I thought would save us is, I'm now convinced, just another mechanism of that inexorable slide.

But I could be wrong. The horse might learn to sing, so I'll keep standing here crooning in its ear.

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Mutual Admiration Society

As of this writing, the Geek with a .45 has been the only commenter on "Game Over." I commented on his blog that I was also somewhat inspired by a piece he'd written a while back, and that I would appreciate it if he'd send me the link to it. Well he did, in an email that I won't repeat here. My response to him, though I will:
Thanks.

That essay really stirred things in me that had been lying dormant. I felt the urge to write something, but I knew it would be REALLY long and it would be a massive amount of work to put together. Then Francis Porretto at that same time started his eight-part series "Tyranny and its Fringes," which wasn't what I was really looking for, but was rich fodder.

I, too, have been looking to the Judicial Branch to bail us out of the mess we're in, but the more case law I read the more disillusioned I am, as Randy Barnett was. The Scalia quote is what tore it for me.

My position on gun laws was "this far and no further until the 2nd Amendment is legally recognized as an individual right, and incorporated under the 14th Amendment's 'privileges and immunities' and 'equal protection' clauses."

Well, I understand now that Hell will probably freeze over before that happens. The NRA believes that through a slow, steady, incrementalist approach they can achieve this. The Silviera group thought that the NRA was chicken a full-court press would force the Supreme Court's hand. The NRA thought that the Silveira group was dangerous. It's apparent to me that they're both tilting at windmills. They want to overturn a century of precedent. It ain't gonna happen. The honest judges are constrained by bad precedent (see Kozinski) and the less honest are more than happy with the law as it stands. AND THAT'S NOT GOING TO CHANGE.

Damn, now I have to blog this....

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Not Intending to Leave Anyone Out...

My post immediately below was my list - in order - of the first ten sites I visit every day. It's hardly the only ten sites, and here's an excellent example of others I frequent. I read SayUncle and Publicola regularly, too - two more "gun bloggers" (there are a lot of us!) Well, via SayUncle I find this post by Nicki over at Publicola's site. It seems that a British reporter is a bit incensed that Nicki (who posts newslinks on KeepandBearArms.com) is irate that his stories are being used to illustrate the fact that British gun control is a dismal failure, and has threatened legal action if that practice is not stopped.

Guess he doesn't understand the concept of a free press.

Go read the links. Amusing and sad at the same time.

It would seem that Greg Truscot suffers from the same cognitive dissonance I described in my post below. Obviously he's one convinced that weapons are the cause of violence, and if they just try harder at banning them, they'll all be safer.

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MY Version of the Friday Five Ten

I listen to Hugh Hewitt in the afternoons, since my only other options from a talk-radio standpoint is the execrable Michael Savage. To his tremendous advantage Hugh is highly entertaining and he reads and credits a lot of bloggers on his site, both left and right, often having them on as guests. Yesterday he had a round-table discussion with Glenn Reynolds (who hardly needs another link), James Lileks, and Roger Simon. It was an interesting, intelligent, and spirited discussion, but Hugh asked one question of each of them that I thought I'd ask here. What five blogs (other than those listed above) do you read every day? I read more than five, so I thought I'd list just a few, in the order I peruse them each and every morning:

1. Day by Day - Not really a blog per se, but political commentary and great wit.

2. Lileks's the Bleat - In my opinion absolutely the best "pure writer" on the web. If he decided to write about the phone book, it would be a great read. (Bill Whittle is damned fine as well, but he posts so intermittently that he pales in comparison to Lileks.) I respect good writing and strive to emulate it (though I know I tend to be excessively long-winded and often ponderous. Oh well, that's my style :-)

3. Instapundit. More links to more stuff that interests me than any other site.

4. USS Clueless - Steven Den Beste doesn't post every day, but I check every morning to see if he has, and then check the clock to see if I have time to read it all, or if I must come back and hit it later.

5. Ravenwood's Universe - Ravenwood posts something every single day almost without fail. What he posts is short, pithy, and usually won't be found much anywhere else. And he has a wicked sense of humor that I really grok.

6. Gut Rumbles - I got into blogging because I ran into a commenter at Rob's site and ended up engaging that commenter in a long, drawn-out discussion on the right to arms. Rob's been recently de-linked by a lot of people for excessive use of politically incorrect speech, and there's some serious personal angst being aired there, but he remains an unapologetic, irascible and absolutely entertaining read.

7. Kim du Toit - The first "gun blogger" I ever found, and still one of the best. One kick-ass African-American immigrant who understands what America is supposed to be, and who does his damnedest to hold it to that standard.

8. The Geek with a .45 - The Geek, scheduled to escape the gun control hell that is New Jersey soon, is another outstanding "gun blogger" who posts daily and has things to say that I think are important. On top of that, he writes damned well.

9. The Feces Flinging Monkey - Mike posts sporadically, but when he does you can expect one of two things - it will be unique, or it will be outstanding. Usually it's both, and it's always interesting.

10. And finally, The Curmudgeon's Corner - Francis W. Porretto posts an essay every single day almost without fail (people email him to see if he's OK if he misses one.) Each and every essay is exquisitely constructed, logically rigorous, consistent, eloquent, and blindingly intelligent. I have no idea how he manages it Every. Single. Day. I save Francis for last because he's never overly long and usually topical, and by the time I've slogged through the links from Instapundit, Ravenwood, and everybody else, I'm informed enough to marvel even more at what Francis hath wrought.

And that brings me to a final point: I MISS RACHEL LUCAS! She was one of my top five for a LONG time. Brilliant, witty, acid, and fun as hell, especially when she was ripping asshats a new orifice.

I think we in the blogosphere need to start a FREE RACHEL LUCAS campaign.

What do you think?

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Thursday, April 01, 2004
 
"Game Over, Man. Game Over."

I've had this essay rolling around the dark corners of my subconscious for a few days, ever since I found and read the U.S. v. Stewart decision. I credit Mike Spenis of Feces Flinging Monkey for the inspiration that let it out, because in our short discussion of the recent 5th Circuit U.S. v. Gould decision, (see my piece below) he said what I had been thinking, but could not put into words.
Personally, I think that the (unfortunate) bottom line is that the future of our freedom ultimately rests with the court's willingness to periodically reexamine the law. Lawmakers, and law enforcers, will always push the limits, and they will always win occasional gains. If the court is unwilling to revisit these issues over time and correct the damage done, then it's "game over" no matter what we do. This makes it a little easier for me to accept changes in the law where the cost is low and the benefits are significant. If I can't count on an occasional review, then the game is already lost.
We certainly agree on that. As I told Mike, I think the difference between his position and mine is that he believes that such review occurs, and I understand it to be so rare as to be remarkable.

As I said, this essay was spawned by my reading of U.S. v. Stewart - a 9th Circuit decision that proclaimed that the Federal Government could not, through its powers granted under the Commerce Clause of the Constitution, prohibit a citizen from possessing a machinegun he manufactured himself, even if some of the parts were purchased across state lines. Surely, you say, this is a victory for the frothing-at-the-mouth wing of gun-rights advocates? Well, yeah, sort of. It's a short decision, running only twenty pages, and it's written by Justice Alex Kozinski, one of the most eloquent judges on a bench anywhere. It's eminently readable. So what's my problem with it? It reinforces my belief that judicial review - the "willingness to periodically re-examine the law" is a forlorn hope. It illustrates that bad precedent will live on, and be expanded, and that nothing short of a judicial miracle will be required to overturn what prior courts have decreed, so long as judges use their power to constitutionalize their personal preferences.

Throughout our relatively short history, that's what the overwhelming majority of judges have done. As I illustrated in The Blog that Ate Poughkeepsie, for example, the Supreme Court ruled in 1856 - 7 to 2 - in Dred Scott v. Sanford that blacks in this country, free or slave, could not be "citizens," because citizenship
would give to persons of the negro race, who were recognised as citizens in any one State of the Union, the right to enter every other State whenever they pleased, singly or in companies, without pass or passport, and without obstruction, to sojourn there as long as they pleased, to go where they pleased at every hour of the day or night without molestation, unless they committed some violation of law for which a white man would be punished; and it would give them the full liberty of speech in public and in private upon all subjects upon which its own citizens might speak; to hold public meetings upon political affairs, and to keep and carry arms wherever they went. And all of this would be done in the face of the subject race of the same color, both free and slaves, and inevitably producing discontent and insubordination among them, and endangering the peace and safety of the State.
Horribly wrong, obviously flawed. But we overturned that, you argue. Well, yes, we did. After we fought the bloodiest war in our history in no small part to determine just who were and weren't citizens, we passed two Constitutional amendments. The 13th to define legally what a "citizen" was, and the 14th to ensure that the fundamental rights of those citizens - which Chief Justice Taney in Dred Scott so accurately listed - would be honored and respected by our legal system. (Go back. Read the list again.)

But immediately after that the Supreme Court in 1873 negated the expressed intent of the 14th Amendment with its decision in the Slaughterhouse Cases, and then the Court in its 1875 decision in U.S. v Cruikshank used the precedent of Slaughterhouse to eviscerate the 14th Amendment and drive the first nail into the coffin of the Second Amendment. Both decisions can be laid at the feet of judges using their power to constitutionalize their personal preferences, which in this case can be boiled down to "keep the darkies down." (In the name of public safety, you realize.) (Yes, that was a sarcastic comment.)

From then to the present the judicial system has carried on this way, bending and distorting the clear intent of the Constitution and the Bill of Rights in order to meet the preferences of the black-robed arbiters tasked to apply the law within the intent of that very Constitution. There were, of course, some victories, and there were some judges who understood their jobs and did them to the best of their impartial ability. Louis Brandeis, for example, served on the Supreme Court from 1919 to 1923, and more than that, he often served as its conscience. But he often did so in his dissents, not in majority opinions. It was Brandeis in U.S. v. Olmstead who chastised the majority, saying:
Time and again this court, in giving effect to the principle underlying the Fourth Amendment, has refused to place an unduly literal construction upon it.

--

The protection guaranteed by the amendments is much broader in scope. The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man's spiritual nature, of his feelings and of his intellect. They knew that only a part of the pain, pleasure and satisfactions of life are to be found in material things. They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the government, the right to be let alone - the most comprehensive of rights and the right most valued by civilized men. To protect, that right, every unjustifiable intrusion by the government upon the privacy of the individual, whatever the means employed, must be deemed a violation of the Fourth Amendment.

--

Applying to the Fourth and Fifth Amendments the established rule of construction, the defendants' objections to the evidence obtained by wire tapping must, in my opinion, be sustained. It is, of course, immaterial where the physical connection with the telephone wires leading into the defendants' premises was made. And it is also immaterial that the intrusion was in aid of law enforcement. Experience should teach us to be most on our guard to protect liberty when the government's purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.
Olmstead was a case in which the government used wire taps to gather evidence against people it suspected were involved in the illegal sale of alcohol during Prohibition.

Again, for reasons of "public safety" the government found it reasonable to violate the protections laid down by the Constitution. Just a little. With good reason. With benign intent.

Almost from the day of ratification of the Constitution until today, the legal encroachment on our Constitutional rights, aided and abetted by the Judicial Branch generally under the guise of "public safety," has continued almost unabated. Prohibition. Communism. Vietnam War protesters. The War on Drugs. And now the War on Terror. And it's accelerated. To fight prostitution, cities confiscate the cars of men soliciting sex, sell them and keep the proceeds. Cities misuse eminent domain to take the property of their citizens so that businesses that will generate high tax revenues can build on it. Police are allowed to seize cash and property from people suspected to be involved in the drug trade, and keep it - even if the people they take it from are never charged, much less convicted. It's up to the victim of the seizure to prove the property isn't related to drug trafficking. The examples are nearly endless.

So why did the Stewart decision trigger this essay? Because Justice Kozinski wrote it. and Justice Kozinski also wrote a dissent to the decision denying a re-hearing of Silveira. In the Silveira dissent Justice Kozinski wrote:
Judges know very well how to read the Constitution broadly when they are sympathetic to the right being asserted. We have held, without much ado, that “speech, or . . . the press” also means the Internet...and that “persons, houses, papers, and effects” also means public telephone booths....When a particular right comports especially well with our notions of good social policy, we build magnificent legal edifices on elliptical constitutional phrases - or even the white spaces between lines of constitutional text. But, as the panel amply demonstrates, when we’re none too keen on a particular constitutional guarantee, we can be equally ingenious in burying language that is incontrovertibly there.

It is wrong to use some constitutional provisions as springboards for major social change while treating others like senile relatives to be cooped up in a nursing home until they quit annoying us. As guardians of the Constitution, we must be consistent in interpreting its provisions. If we adopt a jurisprudence sympathetic to individual rights, we must give broad compass to all constitutional provisions that protect individuals from tyranny. If we take a more statist approach, we must give all such provisions narrow scope. Expanding some to gargantuan proportions while discarding others like a crumpled gum wrapper is not faithfully applying the Constitution; it’s using our power as federal judges to constitutionalize our personal preferences.

The able judges of the panel majority are usually very sympathetic to individual rights, but they have succumbed to the temptation to pick and choose. Had they brought the same generous approach to the Second Amendment that they routinely bring to the First, Fourth and selected portions of the Fifth, they would have had no trouble finding an individual right to bear arms. Indeed, to conclude otherwise, they had to ignore binding precedent. United States v. Miller, 307 U.S. 174 (1939), did not hold that the defendants lacked standing to raise a Second Amendment defense, even though the government argued the collective rights theory in its brief. The Supreme Court reached the Second Amendment claim and rejected it on the merits after finding no evidence that Miller’s weapon - a sawed-off shotgun - was reasonably susceptible to militia use. We are bound not only by the outcome of Miller but also by its rationale. If Miller’s claim was dead on arrival because it was raised by a person rather than a state, why would the Court have bothered discussing whether a sawed-off shotgun was suitable for militia use? The panel majority not only ignores Miller’s test; it renders most of the opinion wholly superfluous. As an inferior court, we may not tell the Supreme Court it was out to lunch when it last visited a constitutional provision.
The 9th Circuit in the original appeal claimed under precedent of U.S. v. Miller and the 9th Circuit's own (out to lunch) interpretation of it in Hickman v. Block, that there is no individual right to arms. In the original Silveira decision, the Court made note of Justice Kozinski's objection to the Hickman decision:
In Hickman, we held that an individual could not bring a Second Amendment challenge to a California law which requires that a permit be obtained in order to carry a concealed weapon, and, as noted in the text, unambiguously adopted the view that the Second Amendment establishes a collective right. Nevertheless, just six days after the issuance of that decision, Judge Alex Kozinski, acknowledgedly an extremely able and dedicated jurist, appeared to cling fast to the individual rights view, despite the existence of binding circuit precedent to the contrary....
So, what was it about Stewart? This is what Kozinski wrote in that decision:
Finally, Stewart argues that the Second Amendment guarantees him the right to possess machineguns, as well as the right to possess firearms generally despite his former felony conviction - as charged in count one of Stewart’s indictment. We have held that the Second Amendment “was not adopted in order to afford rights to individuals with respect to private gun ownership or possession.” Silveira v. Lockyer, 312 F.3d 1052, 1087 (9th Cir. 2002). Thus, there is no Second Amendment limitation on “legislation regulating or prohibiting the possession or use of firearms.” Id. Stewart’s Second Amendment argument must therefore fail.
Kozinski has protested long and well that an honest reading of Miller - used as precedent in Hickman and most recently in Silveira - cannot support the position that the Second Amendment doesn't protect an individual right. Yet he used Silveira as precedent in Stewart to deny that the Second Amendment protects an individual right.

Mike Spenis said "the future of our freedom ultimately rests with the court's willingness to periodically reexamine the law," but the evidence is plain that the courts will not do that. They will use obviously flawed precedent so long as it "comports especially well with our notions of good social policy." And even if it doesn't, the courts will often bow, as Kozinski does here, to precedent they abhor. We depend upon the honor and intellectual honesty of the judges who make up the Justice system, yet it seems that those who are truly honest and honorable are outnumbered by those who are "willing to bury language that is incontrovertibly there." The honest and honorable ones abide, under the rule of law, by precedent that is otherwise insupportable. The middling honest ones, the ones Justice Brandeis labled as "men of zeal, well-meaning but without understanding" "build magnificent legal edifices on elliptical constitutional phrases - or even the white spaces between lines of constitutional text." And those decisions stand, without review, periodic or otherwise, to serve as the next step down the road to Hell.

As Hudson said in the movie Aliens, "Game over, man. Game over."

UPDATE: Publicola reports that the NRA's CATO Institute's challenge to D.C.'s firearm ban has been defeated, and links to the decision. Here's my condensation of the 15 pages: "Sixty-five years of precedent say that there is no individual right to arms. The 5th Circuit was wrong. Suit dismissed. Go away, boy, you bother me." Once again, the NRA's "incrementalist" approach is just as successful as the Silveira "Charge the Gates!" approach. The courts will not save us.

UPDATE 4/6: The 9th Circuit has spoken again. An appeal to the 9th for an en banc rehearing of Nordyke v. King, another 2nd Amendment case, has been denied under the Hickman precedent. Justice Kozinski concurred with the denial citing "prudential considerations" against rehearing a 2nd Amendment case "so soon" after Silveira, but there were five other Justices who dissented. Justice Gould wrote a detailed 20+ page dissent, joined by O'Scannlain, Kleinfeld, Tallman, and Bea, in which he strongly supports the 5th Circuit's interpretation of the 2nd Amendment as protecting an individual right in Emerson. The dissent is here, though the server appears to not be working at the moment.

My only problem with the dissent is Justice Gould's repeated referral to the 2nd Amendment as granting an individual right to arms, rather than protecting a pre-existing right. The 1st Amendment doesn't grant the right of free speech.

UPDATE 3:40PM: Publicola comments on this piece and the Nordyke dissents.

UPDATE 4/7 7:12AM: I edited the piece a tiny bit. Dred Scott v. Sanford was not a unanimous decision, it was 7-2. Interestingly, nobody called me on it, which means that nobody read or even skimmed the decision. I just checked it this morning because of a niggling doubt and found that there were two, Justices McLean and Curtis, who dissented.


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So Much for My Lunch Hour or Preaching to the Heathen

I've responded again to Tim Lambert, but I thought I'd post it here too. If I'm going to do that much work, I might as well take advantage of it. Go read the whole thread if you want the background on it. Here's my latest:

Tim, IT DOESN'T WORK!

Restrictions on weapons, except in rare cases, ONLY make it more difficult to defend oneself. They have essentially no effect on the access to weapons by violent criminals. Had Lindsay been assaulted away from home he would not have had access to the sword. Then what? There's a complete ban on handguns in England, yet one of his assailants had one.

What you characterize as "restrictions on weapons" in England is the complete denial of the ability of anyone to legally possess one, at least outside their own home. Well, that's one definition of "restriction" I guess. When it comes to firearms the laws "restrict" English subjects from using a firearm in self-defense in their own homes by requiring them to store their firearm (assuming they have jumped through all the hoops required to acquire one, and fully cognizant of the fact that the law considers self-defense an unacceptable reason for having one) unloaded, in a locked container, away from the ammunition which is required to be in a separate locked container.

I have described above the cycle of ever-more draconian "restrictions on weapons" as a result of the cognitive dissonace produced from a philosophy that holds that all weapons are offensive and the cause of violence. As an adjunct to that philosophy, the use of weapons is held to be evil, with the sole exception of the use of weapons by an agent of government. The philosophy has further morphed, becoming one in which there is almost no recognition of the concept of a legitimate use of force, at least without a UN Security Council joint resolution. ;-)

In the context of resistance to crime, all a violent criminal need do in order to nearly guarantee himself success is to select a victim that is his physical inferior, or to overwhelm his victim with numbers. If he wants to make it even easier all he needs to do is have a weapon, since his victim will almost certainly not have one and weapons are readily available in spite of the laws against them. (I'm sure Lindsay's attackers never expected him to resist. He was outnumbered and outmatched. I think he was successful as much out of shock as anything.) If the violent criminal actually likes to use force against his victims, he need not fear any effective resistance. As a result of this physical reality, violent crime has been on the increase in England and Wales since the 1950's.

You have (understandably, given the origination of this thread) focused on the assertion that "self-defense is illegal." I'll make my position explicit: There is a legal recognition that the British subject has a right to use legitimate force in stopping a crime against himself. It even acknowledges a right to use lethal force against a rapist. However, the laws of the last fifty years, developed under the philosophy I described above and that you by all indications share, have resulted in a situation in which the actual use of force in resisting crime is legally risky. The carry of weapons outside the home is prohibited, making the defensive use of them prohibited. The use of weapons inside the home might as well be. The bar of "reasonableness" has been raised again and again. The law makes comforting noises about the jury taking into account the "instinctive" reaction of the attacked, but the jury - distanced from the attack in time, location, and emotion - is tasked with determining how "reasonable" that "instinctive" reaction is. Lindsay stabbed his attacker four times - in the back, certainly - and is sentenced to eight years. Here in the States someone gets indicted and tried for shooting a burglar six times, four in the back, and when asked why responds "that's all the bullets that were in the gun." The jury finds this "reasonable" and acquits. (That's an apocryphal example, but I can find a comparable concrete one without too much trouble.)

My apologies for this thread drifting so far away from what you consider the original point, but in my opinion what we're discussing here is the absolute right of the individual to defend himself, his family and his property. That right is given mere lip service, but has no legal force in England any longer. The use of force, even the threat of force, by those who are not government agents is considered illegitimate regardless of the actor. The law-abiding citizen is the victim of that flawed philosophy and the cognitive dissonance that has set up a negative feedback loop resulting in their total disarmament. He (or she) is relegated to being the unresisting victim of violent crime by a system that denies, whether overtly or covertly, a right to the legitimate use of force.

You (inclusive) have avoided a question that I have posed more than once. The law recognizes the right of a woman to use lethal force against a rapist, but denies her any means by which to exercise it. How do you justify this dichotomy? Your last, lame response was "Restrictions on weapons might make self defence more difficult in some cases." Well, it certainly does in this one, doesn't it? The philosophy you defend is perhaps better described by saying that it is more moral for society to allow women to be raped than it is to enable them to stand with a smoking gun over the body of the rapist. That's extreme, but nonetheless accurate.

My argument is that a philosophy that justifies the restriction of all weapons from the general public is WRONG, and that philosophy is spreading. The news report that originated this thread is just another example of the spread of that philosophy, and we American bloggers who flew off the handle recognized it as such. You share the cognitive dissonance that does not permit you to accept that the philosophy has failed, and as a result you fail to recognize the error of that philosophy.


We'll see, I suppose, if that last assertion is validated.


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OK, Now I'm MORE Pissed

Somehow, some bastard program changed my homepage to a f&$^ing search page titled "The Best SE." OK fine, I fixed that, and put back my original home page. But now every time I try to access Google.com I get that goddammed page, and it shows "http://google.com" in the address window. I cannot get to Google from my machine, and I don't know how to get rid of the f*%^ing program that isn't allowing me to get there.

Anybody know how to defeat this?

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Agenda? What Agenda? (Part "Who can keep track?")

Instapundit links to Mudville Gazette, who reports on the news media debating the use of graphic images of American dead to influence American politics:
"War is a horrible thing. It is about killing," ABC News "Nightline" Executive Producer Leroy Sievers said in an unusual message to the program's e-mail subscribers discussing the issues posed by Wednesday's killings. "If we try to avoid showing pictures of bodies, if we make it too clean, then maybe we make it too easy to go to war again."

--

The pictures from Wednesday's attack, Rosenstiel said, could anger viewers or "engender disenchantment about the war."

"These are the kinds of pictures that will linger," said John Schulz, dean of Boston University's College of Communications and a former faculty member at the National War College.

"They'll be there in November when people go to vote."
(From the LA Times)

--

It has got to give the American public pause about this question of how welcome we are there," says Robert Dallek, a presidential biographer who studied Franklin Roosevelt's tenure during World War II and Lyndon Johnson's during Vietnam. "This is not Vietnam, but it is reminiscent of Vietnam."
(From USA Today)
So, let me see if I understand this. The media doesn't show us graphic images of Americans killed in, say the Cole attack, or the bombing of the Marine Barracks, or the people leaping from the WTC to their deaths, or the pieces of Israelis blown up by suicide homicide bombers because that might make us want to go to war, but they will show graphic images of dead Americans killed in Iraq so that we'll decide that the war isn't worth the cost, and we won't find it "easy to go to war again."

In other words, the press has now admitted blatantly that its job is not to inform us, but to manipulate us, and their manipulation is directed to keep us from going to war, and to discourage us if we are at war.

Yet this isn't to be considered treason.

Update: The Puppyblender also points to Ed Driscoll, who says very much the same thing I did, but with more links to more examples.

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And We Should Pay Attention to the World Court....Why?

Persnickety, author of the blog Ordinary Galoot is on a mission. A mission to spread the word of a House Resolution that is intended to remind the Supreme Court that the Justices are there to decide cases based on AMERICAN law, and nothing else:
I will re-post this and re-post this and re-post this until you get excited about it!!

There is a resolution in the House of Representatives that needs your support. It says, essentially: Bleep You, Sandra Day O'Connor, AND the World Court you rode in on!
Go read the whole thing. Then call your Rep. Then spread the word.

Your Representative can't represent you if he doesn't know where you stand. It's only Populist Authoritarianism if it violates our individual rights.

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More Editorial Cartoons

(Well, so much for Photobucket as an image hosting site. I burned 3500MB in bandwidth in less than five days this month. So, anybody: Good, cheap image hosting service for bandwitdth of about 30GB/month?)

This time with a 9/11 Commission theme (for the most part.) We start with three cartoonists who get it. Mike Ramirez (as usual) of the LA Times:

Larry Wright of the Detroit News

Chuck Asay of the Colorado Springs Gazette makes an interesting point:

Robert Arial of South Carolina's The State has another cynical view of Clarke:

Here's someone who doesn't seem to get it, really. J.D. Crowe of the Mobile Register


Should Kerry be successful, Wayne Stayskal of the Tampa Tribune makes a prediction:

And finally, in an interesting illustration of the exercise of Populist Authoritarianism, Chip Bok of the Akron Beacon Journal weighs in:

Yup, we minority pariahs need to join up.

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Here's a Short, Descriptive, Remarkably Accurate Term

From Samizdata comes a suggestion that we call a spade a spade when it comes to what our putatively representative forms of government actually are:

Populist Authoritarianism

Property rights? What are those? The tyranny of the majority (or their elected representatives who know what's best for all of us) has spoken! Smoking? Verboten! Fast food? In their gunsights. Guns? You're not qualified! You cannot possibly make a decision for yourself that is not first reviewed and approved by the nanny-state!

Spread the meme.

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Wednesday, March 31, 2004
 
Logic Over Ranting - Wins Every Time

Wince and Nod lays down a point-by-point logical smackdown on the "BUSH LIED" meme.

Excellent logic and exposition. Outstanding, Wince. Sorry it took me so long to find it.

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See? Insomnia Brought on by Allergies is Good for Something!

Since I can't sleep for coughing and sneezing, here I am!

For those of you wanting an RSS feed, apparently this is mine: http://smallestminority.blogspot.com/atom.xml

It's now active.

And Bill Whittle has published Chapter Two in his latest series of essays, It's a Trap! That was worth the loss of sleep all by itself.

And I've posted another response to Tim Lambert's thread on self-defense in the UK.

Who needs more than three hours sleep anyway?

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Tuesday, March 30, 2004
 
Who's Gullible?

Tim Lambert, who authors the Australian blog Deltoid which is dedicated to the pursuit and exposure of John Lott as a fraud (and I tend to believe Tim is more right than wrong about that), picked up on the outrage many of us felt over a recent short news story I commented on last week. Tim writes that we seem gullible in jumping to the conclusion that "self defence is illegal in the UK." I've taken him to task over this topic in the comments to his post. He seems to be avoiding the pertinent questions here.

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Department of Humor, Mental Image Division

Perusing the tracking data for this site, I find that I have had one visitor as the result of a Google Search for "smallest bikini in the universe," and on top of that, in that search The Smallest Minority comes up fourth on the list.

Yikes!

To anyone who has ever seen me, the idea of me in a SPEEDO is frightening.

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Photoshoppers RULE!

Reader Steven Nielsen, a Senior from the University of Washington, sent me his latest effort. He explains:
I was inspired by an MSNBC News photo of John Kerry in Texas about a month ago. The picture, as I have doctored it, speaks for itself. With Kerry at the Helm, this is what we can expect...

Damn, that's funny. And I too support the 2004 Bush/Rice ticket.

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Monday, March 29, 2004
 
Dept. of Our Collapsing Schools - Teacher's Lounge
I am a teacher . . . And I am tired.

Tired of......
> > politics, frustrated colleagues,
> > semiconscious students,
> > media hype and especially, ......I am tired of
> > parents who expect me to resolve their children's problems.

I simply do not have the answers.
I have tried everything...... I have hugged your child, listened to your child, bought supplies for your child, and reminded your child of the importance of getting an education ..... as well as the importance of caring about life with heart genuineness.

I have read......Theories on how to teach at-risk students. (this includes the entire student population, because "at-risk" is really defined as children growing up without parental supervision).

I have read....... theories on how to teach pregnant students, students on drugs, abused students, high-energy students, shy students, female students and male students.

I have...... attended conferences for ideas on how to teach hands-on activities, higher level thinking skills, cooperative learning groups, technology, standards-based education and numerous other strategies.

I have...... lain awake at night rolling over and over in my head solutions, and lamentations.

I have..... cried tears, trying to find the answers for motivating your child to have success in my classroom and in life.

I am a teacher.
I am not a doctor,
I am not a psychiatrist,
I am not a former drug addict.
I am not God, and.....
I am, emphatically and unequivocally, not your child's parent.

I am a teacher.

I am tired......
> of politicians blaming policy-makers,
> of state government blaming localities,
> of administration blaming central office
> of central office blaming school board
> of school board blaming city council, and........
> everyone blaming teachers.

But I have to tell you..... the students who have success in my classroom are the ones whose parents I have met at every open house and on every parent/teacher conference day. So, please, do not tell me that educators are the solution.

The solution.... the power and the state of your child's welfare lie in your hands. Not in mine, but in the hands of you, the parent. And if you don't want to lose another educator who cares, who sweats, who encourages your child.....then I suggest you get to your child's school and make education matter in your child's life.

Because I am a *teacher*!

Written by a TEACHER in the Jacksonville Florida Public School System
Copied in whole from Indigo Insights, because I wanted to archive it, and I couldn't figure out where the permalinks were.


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More on U.S. v. Gould, aka "The Road to Hell..."

Via Eugene at The Volokh Conspiracy comes a link to this review of the decision by Ken Lammers of Crimlaw. Excerpt:
The court cites a number of cases which it claims support its position that protective sweeps are allowed once valid entry into the residence has been gained by an officer (I have not the time to check them but at least a couple appear to be inapposite plain view cases). Even later in the opinion it blows off the trial judge's finding that the police created any danger to themselves by entering the trailer and not picking up Gould later (ie: in the morning when he left for work). The trial court says they can't create a danger and then rely on it to abrogate constitutional guarantees. The appellate court says all the right things about how the officers cannot do such a thing and then makes an excuse for them doing it in this case.

--

My Opinion: The trial court had it right when it pointed toward the officers placing themselves in danger and then taking advantage of it to do a protective sweep. Herein lies the difference between Buie and it's progeny and Gould. There is quite often danger in serving a warrant and thus the deference to officers acting under the color of one. However, if an officer is acting without a warrant, probable cause, or even a report of immediate criminal activity he cannot be allowed to choose an action which places him in danger over safer courses of action and be allowed to violate the constitution because of the choice. How hard could it have been to have someone watch Gould's place overnight and stop him when he came out the next day? Sure it would have been inconvenient but that's far from the primary consideration in a constitutional analysis. This is the point at which the court errs in its constitutional analysis.
There's a lot more. Essentially he agrees with DeMoss in all the details. There are links to other legal reviews, too.

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Sunday, March 28, 2004
 
The Road to Hell is Paved with Good Intentions

A recent 5th Circuit Court of Appeals decision has hit the radar of those of us concerned over the ever-expanding powers of government in (to us) obvious violation of the Constitutional protections written in to limit that power. I first ran across this latest slip down the slippery slope over at Say Uncle, but the Geek with a .45 and John Donovan have also weighed in. What all three of these bloggers have commented on was this news story from New Orleans, home of the 5th Circuit Court.
Court Opens Door To Searches Without Warrants

It's a groundbreaking court decision that legal experts say will affect everyone: Police officers in Louisiana no longer need a search or arrest warrant to conduct a brief search of your home or business.

Leaders in law enforcement say it will provide safety to officers, but others argue it's a privilege that could be abused.
The decision was made by the New Orleans-based 5th Circuit Court of Appeals. Two dissenting judges called it the "road to Hell."

The ruiling stems from a lawsuit filed in Denham Springs in 2000.

New Orleans Police Department spokesman Capt. Marlon Defillo said the new power will go into effect immediately and won't be abused.

"We have to have a legitimate problem to be there in the first place, and if we don't, we can't conduct the search," Defillo said.

But former U.S. Attorney Julian Murray has big problems with the ruling.

"I think it goes way too far," Murray said, noting that the searches can be performed if an officer fears for his safety -- a subjective condition.

Defillo said he doesn't envision any problems in New Orleans, but if there are, they will be handled.

"There are checks and balances to make sure the criminal justce
(sic) system works in an effective manor," (sic) Defillo said.
Our reaction to this story is understandable, I think. We're supposed to trust Capt. Defillo's word that "the power won't be abused" though he says "(t)here are checks and balances to make sure the criminal justice system works in an effective manor." (I think the word "manor" might be a highly appropriate freudian slip.) Yes, we're supposed to trust our overlords who just removed one of those "checks and balances" - checks and balances that aren't there to ensure the criminal justice system works effectively, but there to ensure that the rights of the individual are protected against government abuse. And these words come from a spokesman for a police department with a serious record of corruption. This is not encouraging.

I've just begun reading Professor Randy Barnett's latest book, Restoring the Lost Constitution, which opens with the following:
Growing up, I was like most Americans in my reverence for the Constitution. Not until college was the first seed of doubt planted in the form of an essay by a nineteenth-century abolitionist and radical named Lysander Spooner. In his best-known work, No Treason: The Constitution of No Authority (1870), Spooner argued that the Constitution of the United States was illegitimate because it was not and could never have been consented to by the people on whom it is imposed. Although as an undergraduate I found Spooner's argument unanswerable (and I must admit so it remained until I was in my forties), the problem was largely theoretical. My mind may have doubted, but my faith remained.

Until I took Constitutional Law at Harvard Law School. The experience was completely disillusioning, but not because of the professor, Laurence Tribe, who was an engaging and open-minded teacher. No, what disillusioned me was reading the opinions of the U.S. Supreme Court. Throughout the semester, as we covered one constitutional clause after another, passages that sounded great to me were drained by the Court of their obviously power-constraining meanings. First it was the Necessary and Proper Clause in McCulloch v. Maryland (1819), then the Commerce Clause (a bit) in Gibbons v. Ogden (1824), then the Privileges or Immunities Clause of the Fourteenth Amendment in The Slaughterhouse Cases (1873), the the Commerce Clause (this time in earnest) in Wickard v. Filburn (1942), and the Ninth Amendment in United Public Workers v. Mitchell (1947).

Nor were these landmark decisions isolated cases. In countless other opinions, the Supreme Court justices affirmed they meant it when they said the Constitution did not mean what it apparently said.
Now, bear in mind IANAL (I Am Not A Lawyer), but I've read a LOT of case law over the last ten years or so in my study of the legal history of the right to arms and other rights of the individual, and I've found precisely what Prof. Barnett describes here - a slow but steady erosion of the power-limiting restrictions of the Constitution until the Constitution really doesn't mean anything any longer as far as a restriction on government power. Just two weeks ago my opinion was validated by Justice Antonin Scalia, who said during a speech in New Orleans:
It is literally true that the U.S. Supreme Court has entirely liberated itself from the text of the Constitution.

We are free at last, free at last. There is no respect in which we are chained or bound by the text of the Constitution. All it takes is five hands.
Knowing what I know about the accuracy of the press, I decided that I should once again go straight to the source, and read the decision to determine for myself just how bad it was. The case is U.S. v. Gould, and the decision was published last Wednesday. It was an en banc re-hearing by fifteen justices, including justices Garwood and DeMoss, who found in U.S. v. Emerson that the Second Amendment protected a right of the individual - the first rollback of any kind regarding judicial protection of the right to arms in any Federal court since 1939.

The basics of the case are relatively simple:
Louisiana deputy sheriffs, having received on October 17,2000, a telephone warning that Gould, known to be a convicted felon with a reputation for violence, was planning to kill two local judges, went that same evening to the approximately 14 x 16 foot trailer where Gould lived to talk to him, not then intending to arrest him. The officers, who had neither a search nor an arrest warrant, were admitted by another resident of the trailer, Dennis Cabral, who said Gould was asleep in his bedroom. The officers entered and proceeded down the hall towards the bedroom Cabral had indicated. The bedroom door was open, but the officers did not see Gould, and they then conducted a brief protective sweep for him, looking under the bed and opening the door to each of the two bedroom closets, in one of which they saw in plain view, but did not then seize, three rifles. They promptly then ran outside and later found Gould hiding in the woods. In subsequent questioning Gould stated he was keeping the rifles for their owner, a female acquaintance. Gould was then arrested, executed a consent to search, and the rifles were then seized.
Straightforward, no? The cops caught a known violent felon with some guns who had threatened to kill some judges. Score one for the good guys, right? Letting this guy go would have, once again, proven that the courts are "soft on crime," but they did the right thing and now this asshole is behind bars where he ought to be. Right?

The decision goes on some 32 pages, citing case after case of precedent before concluding:
We hold that a protective sweep as authorized by Buie (Maryland v. Buie (1990)) need not always be incident to an arrest. The district court erred in holding otherwise. Applying the standards and limitations articulated in Buie and the general reasonableness criteria of the Fourth Amendment, we conclude that the protective sweep here was valid. The district court’s suppression order is accordingly REVERSED.
This was not a unanimous decision, obviously. No, it was 11-4. There are 30 pages of dissent, and Justice DeMoss's (who was joined by Justice Smith) is the most eloquent and detailed. It starts at page 44 of the opinion, and I strongly recommend that everyone interested in individual right read the whole thing to see the mechanism of incrementalism thoughtfully dissected. Excerpts:
This case presents the difficult issues of: (1) whether the protective sweep exception defined by the Supreme Court in Maryland v. Buie, 494 U.S. 325 (1990), is limited to situations involving the execution of an arrest warrant as we held in United States v. Wilson, 36 F.3d 1298 (5th Cir. 1994); and if not (2) whether the search in this case was reasonable. In addressing these two issues, I think the majority makes three significant errors. First, the majority’s starting point in its Fourth Amendment analysis concerning a warrantless search of a home is faulty and therefore the majority does not fully account for the lack of consent in this case. Second, the majority’s reliance on the so-called "clearly" legitimate "knock and talk" police investigatory tactic is misplaced and therefore the majority’s holding leads to an end-run around the Fourth Amendment’s protections. Third, the majority has misconstrued the holding of the Supreme Court in Buie. I will address these three errors in order.

I.

The Fourth Amendment provides: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
U.S. Const. amend. IV. Further, "[i]t is a 'basic principle of Fourth Amendment law' that searches and seizures inside a homewithout a warrant are presumptively unreasonable." Payton v. New York, 445 U.S. 573, 586 (1980) (citing Coolidge v. New Hampshire, 403 U.S. 443, 477-78 (1971)). Additionally, the "physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed." United States v. United States District Court, 407 U.S. 297, 313 (1972). Accordingly, our law dictates that unless some exception applies, the search at issue in this case, a warrantless nonconsensual search of Kelly Gould’s bedroom in his home, must be found unconstitutional.
Justice DeMoss goes on for a while documenting his position in detail. On to error number two:
In satisfying its first requirement of this newly created exception to the protections afforded by the Fourth Amendment, i.e., that the officers were legally present in the mobile home, the majority relies on the "knock and talk" police investigatory tactic mentioned in United States v. Jones, 239 F.3d 716, 720 (5th Cir. 2001). The majority refers to this practice as being "clearly... recognized as legitimate." The "knock and talk" tactic is hardly well-established law. The Fifth Circuit case establishing the concept of "knock and talk" merely states that "[t]his investigative tactic is not inherently unreasonable." Jones, 239 F.3d at 720.

Use of the "knock and talk" tactic may be reasonable in some cases, e.g., police may follow-up on a lead and approach a citizen, seeking the citizen's cooperation. In this case, however, the officers conducted an intrusive search of a bedroom with neither consent, nor search warrant, nor arrest warrant, nor any exigent circumstances. The majority has created an exception that permits an officer to ask for permission to enter a home from a third party who may have authority to consent to only part of the home but not all of the home and then immediately contend that he, the officer, is so apprehensive about his own safety that he must conduct a protective sweep of areas where he has no consent to be, when the officer had no obligation or duty to enter the home in the first place. This new exception is really a "knock, enter, maybe talk, and search" police investigatory tactic, all conducted without a warrant, and resulting in an end-run around the protections afforded by the Fourth Amendment.

In addition, the majority has not stated why their new exception is necessary or why we should not find that the officers created a situation that resulted in a Fourth Amendment violation when they in fact had many other permissible ways to pursue their investigation, i.e., seeking a search warrant based on the informant's tip. The majority does address the issue of exigent circumstances that can sometimes make a warrantless search permissible. This search, however, as the majority agrees, is not based on any exigency.
Again, justice DeMoss goes on to make his case eloquently. Finally, error number three:
We decided to review en banc the Gould case to determine: (1) whether the rule established in Wilson that a protective sweep of a home was limited to an arrest situation, as defined by the Supreme Court in Buie, was correct; and (2) if the protective sweep exception to the search warrant requirement is not limited as Wilson and Buie indicate, whether the warrantless search of Gould's bedroom was reasonable.

The majority characterizes the rule outlined in Wilson as a "bright-line" rule; Wilson, however, directly follows the precise language used by the Supreme Court in its definition of the protective sweep exception in Buie. The protective sweep exception as outlined in Buie requires the following three elements. First, the officers must be executing an arrest warrant in a suspect’s home. See generally Buie, 494 U.S. 325 (mentioning over 65 times the concept of arrest in a home when defining a protective sweep). Second, the officers must perceive some danger from another person or persons. Id. at 332-36 (indicating that not every in-home arrest will justify a protective sweep and listing several factors that are used to validate the reasonableness of the perceived danger, such as the nature of the crime for which the arrest is being executed, the likely presence of cohorts, and the time and place of arrest). Third, the search may only be a quick and limited cursory inspection of those places another person might be hiding. Id. at 335-36. Here, the majority has ignored the first two elements and only addressed the third. (Which in my reading of many cases tends to be true. That and the - sometimes apparently deliberate - misreading of cases used as precedent.)

Of course, there is good reason for the limited definition as outlined in Buie and tracked by this Court in Wilson. Such a definition avoids the quagmire that the majority finds itself in after rejecting the language in Buie and Wilson. The majority is forced to fashion a new exception with alternative elements that are vague; and as such the new exception swallows the rule that a warrant is generally required for an in-home search.

--

(T)he element that the officers must be executing an arrest warrant in a home in order to conduct a protective sweep cannot be so easily disposed of and an alternative substituted for it. As the Buie court noted:
The risk of danger in the context of an arrest in the home is as great as, if not greater than, it is in an on the-street or roadside investigatory encounter.... A protective sweep... occurs as an adjunct to the serious step of taking a person into custody for the purpose of prosecuting him for a crime. Moreover, unlike an encounter on the street or along a highway, an in-home arrest puts the officer at the disadvantage of being on his adversary’s "turf."
In place of this element the majority substitutes the following element: the police presence in the home must be for a legitimate law enforcement purpose. The majority's element is an inadequate substitution. There are many legitimate law enforcement purposes that may permit officers to do something short of conducting a warrantless search, e.g., enter a home for the purpose of talking to the person who gave the officers consent and had authority to consent to the entry. Such a legitimate purpose does not somehow give the officer carte blanche to then search the house. In the protective sweep situation, as defined by Buie, the officers must have more than a legitimate purpose to be in the home, the officers must have a compelling reason, i.e., be in the house under the obligation to execute an arrest warrant. This requirement is, in fact, the essence of the Buie holding and this requirement is a limiting factor on the officers’ conduct that is missing from the majority's opinion.
So, once again we have an example of what 9th Circuit Justice Alex Kozinski described in his dissent to the decision not to rehear Silveira v. Lockyer:
Judges know very well how to read the Constitution broadly when they are sympathetic to the right being asserted. We have held, without much ado, that "speech, or . . . the press" also means the Internet...and that "persons, houses, papers, and effects" also means public telephone booths....When a particular right comports especially well with our notions of good social policy, we build magnificent legal edifices on elliptical constitutional phrases - or even the white spaces between lines of constitutional text. But, as the panel amply demonstrates, when we’re none too keen on a particular constitutional guarantee, we can be equally ingenious in burying language that is incontrovertibly there.
They're obviously able to do the same thing with prior case law, as well.

But here's the kicker in the dissent that really got my attention:
Finally, in my view this case should have never been prosecuted in federal court. The original criminal conduct which precipitated the arrest was strictly local in nature: one Louisiana resident (Forehand) reported to the sheriff of one Louisiana parish (and not to the FBI, the DEA, the ATF, or the U.S. Marshall Service) that another Louisiana resident (Gould) had made oral threats to kill two Louisiana judges (not federal judges) and some other Louisiana residents (not residents of another state) apparently because of a proceeding of some sort in a Louisiana court (not a federal court) relating to a state law claim (not a federal question). If the admonitions in United States v. Lopez, 514 U.S. 549 (1995) and United States v. Morrison, 529 U.S. 598 (2000) about drawing a line between local and national interests have any meaning at all, then this criminal investigation would have undoubtedly fallen on the local side of the line. All of the law enforcement actors in this case were state officers.

Furthermore, I think it would be ridiculous to conclude that the firearms found as a result of a warrantless search in Gould’s closets in Gould’s bedroom in Gould’s trailer home in the woods of rural Louisiana had any effect whatsoever, much less a substantial effect, on interstate commerce as Lopez and Morrison require for a federal prosecution.

The events which precipitated this case occurred on October 17, 2000. The federal indictment in this case was not handed down until August 9, 2001, more than 9 months later, which clearly indicates that the federal indictment was an afterthought.

--

...I would suggest that the following conclusions should be readily drawn:
A.
The dismissal on March 5, 2001, of the state solicitation for murder charge for "no probable cause" pulls the rug out from under the government’s assertion that Gould’s "threats to kill" were sufficiently real and immediate to justify talking with him even without any warrant; and
B.
The decision of the state court on July 25, 2001, to grant Gould's motion to suppress pulls the rug out from under the subsequent federal indictment based on identical facts; and should have been disclosed to the federal district court addressing the federal suppression hearing. Had it been, the federal district court might well have based its decision on the alternate ground that the state had already ruled the seizure of the firearms was unconstitutional.
In summary, the Fourth Amendment is the keystone that holds up the arch of our Bill of Rights which in turn is the unique contribution of our founding fathers to our system of government which has now survived longer than any other representative government in the world. In his famous dissent in Olmstead v. United States, Justice Brandeis called privacy - which he defined as: "the right to be let alone" - "the most comprehensive of rights and the right most valued by civilized men." Justice Brandeis argued that the framers knew that Americans wanted protection from governmental intrusion not only for their property, but also for their thoughts, ideas and emotions. Take away the Fourth Amendment and the right of privacy disappears.

The deputy sheriffs here in Gould made no attempt to develop a sworn affidavit in writing from the purported informant, Forehand, and they therefore made no attempt to get either a search warrant or an arrest warrant from an independent third party magistrate on the basis of probable cause. I have no doubt that the deputy sheriffs believed that they were acting reasonably and with good intentions. But the old adage warns us that "the road to hell is paved with good intentions." In my judgment, that is precisely where the majority opinion wants to put us - by unhooking the "protective sweep" from its connection with the execution of an arrest warrant in a home, which is where the Supreme Court framed the concept. In my view the gambit of getting permission to enter a citizen's home in order to talk to someone and then conducting a protective sweep search under the guise of sensing danger to the investigating officer will effectively eliminate the need for complying with the Fourth Amendment and at that point we will all be, literally and figuratively, on the road to hell.
It has been a continuous theme on this blog that I believe that, through a slow but steady incrementalist approach, we have been stripped of the rights we as individuals are supposed to have under the Constitution as it was originally framed. This is the "slippery slope" argument, perhaps now the "road to hell" argument, and it is not limited to just the right to arms. Decisions like this one are but larger blips on a radar screen that is completely fuzzy with the chaff of earlier, less alarming but prerequisite decisions. We've had over 200 years of case law to fold, twist, spindle and mutilate to get where we are today.

I cannot put it more plainly - our freedoms are disappearing, and they are doing so through the conscious and unconscious machinations of all three branches of government, and in the majority with "good intention" on the part of the lawmakers and the judges who interpret those laws. Justice Brandeis also said in Olmstead,
Experience should teach us to be most on our guard to protect liberty when the Government's purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.
We are frogs in the pot, but the mechanism that turns up the heat is human nature - the desire for immediate safety and security, without regard to future effect. In this case, a known violent felon was found to be in possession of firearms after he allegedly threatened to kill. He's off the street, we're all safer. But we're all less free than we were on March 23.

In University of Texas Law professor Sanford Levinson's Yale Law Journal article The Embarrassing Second Amendment he wrote:
One would, of course, like to believe that the state, whether at the local or national level, presents no threat to important political values, including liberty. But our propensity to believe that this is the case may be little more than a sign of how truly different we are from our radical forbearers. I do not want to argue that the state is necessarily tyrannical; I am not an anarchist. But it seems foolhardy to assume that the armed state will necessarily be benevolent. The American political tradition is, for good or ill, based in large measure on a healthy mistrust of the state. The development of widespread suffrage and greater majoritarianism in our polity is itself no sure protection, at least within republican theory. The republican theory is predicated on the stark contrast between mere democracy, where people are motivated by selfish personal interest, and a republic, where civic virtue, both in common citizen and leadership, tames selfishness on behalf of the common good.
Yes, our Constitution was written by men with an inherent distrust of the State, and it was written as a mechanism to limit the power of the State in favor of the rights of individuals, but that mechanism has failed. As Professor Barnett puts it in the introduction to Restoring the Lost Constitution:
Had judges done their job, this book would not need to be written. Since adoption of the Constitution, courts have eliminated clause after clause that interfered with the exercise of government power.
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Without these missing clauses, the general scheme of the Constitution has been radically altered, which is precisely why they all had to go. The Constitution that was actually enacted and formally amended creates islands of government powers in a sea of liberty. The judicially redacted constitution creates islands of liberty rights in a sea of governmental powers.
Captain Marlon Defillo of the NOPD tells us not to worry, the new police power to search without a warrant won't be misused. Trust us, we're from the government, and we're here to help you. If you haven't done anything wrong, you have nothing to fear. It's for your safety and security that we take another bit of your rights away. You're not responsible enough for them, anyway.

Let me conclude with another bit from Judge Kozinski's dissent in Silveira:
The prospect of tyranny may not grab the headlines the way vivid stories of gun crime routinely do. But few saw the Third Reich coming until it was too late. The Second Amendment is a doomsday provision, one designed for those exceptionally rare circumstances where all other rights have failed - where the government refuses to stand for reelection and silences those who protest; where courts have lost the courage to oppose, or can find no one to enforce their decrees. However improbable these contingencies may seem today, facing them unprepared is a mistake a free people get to make only once.
The courts long ago lost their "courage to oppose" if they ever really generally recognized their responsibility to. They've been aiding and abetting the expansion of government power at the expense of the Constitution since shortly after ratification, and if they can eventually no longer find anyone to enforce their decrees, it might be because of decisions like the 5th Circuit's Gould finding of last week. We are, as time goes on, less and less a free people, and we are less free because we allow our government to expand its power. We're too busy living our lives, and we're too human in our desire to be safe and secure. Freedom is dangerous. Freedom is risky. And freedom must be paid for, either through "eternal vigilance," as Jefferson warned, or through conflict, as Robert Heinlein wrote in his novel Starship Troopers,
As to liberty, the heroes who signed the great document pledged themselves to buy liberty with their lives. Liberty is never unalienable; it must be redeemed regularly with the blood of patriots or it always vanishes. Of all the so-called natural human rights that have ever been invented, liberty is the least likely to be cheap and is never free of cost.
We've abandoned our vigilance. Our islands of liberty are constantly shrinking in the ever-rising sea of governmental powers. In Prof. Barnett's book there is supposedly a way to restore our "presumption of liberty" without armed conflict. I hope there is. Because without a way to reverse this trend peacefully, the only choices left to us are submission or armed revolt. I don't know yet if we've proceeded down the slope to the point of no return, and I don't think we can know until we get that empty feeling in the pits of our stomachs that free-fall induces.

But by then, the road to hell will have reached its destination.

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