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

The most glaring example of the cognitive dissonance on the left is the concept that human beings are inherently good, yet at the same time cannot be trusted with any kind of weapon, unless the magic fairy dust of government authority gets sprinkled upon them.-- Moshe Ben-David

The cult of the left believes that it is engaged in a great apocalyptic battle with corporations and industrialists for the ownership of the unthinking masses. Its acolytes see themselves as the individuals who have been "liberated" to think for themselves. They make choices. You however are just a member of the unthinking masses. You are not really a person, but only respond to the agendas of your corporate overlords. If you eat too much, it's because corporations make you eat. If you kill, it's because corporations encourage you to buy guns. You are not an individual. You are a social problem. -- Sultan Knish

All politics in this country now is just dress rehearsal for civil war. -- Billy Beck

Wednesday, May 16, 2007

Mugged by Reality.

Back four years ago when I started this blog, I posted the two-part essay Is the Government Responsible for Your Protection? It was a piece I had originally written and posted in the Gun Dungeon of DemocraticUnderground.com. Needless to say, it got some interesting responses from the denizens there. Via David Hardy we have fascinating case study of what it takes to turn an opponent of concealed-carry into a supporter - that of Ohio State Rep. Michael DeBose.

Here's his story, as told by the Cleveland Plain Dealer:
Run-in changes lawmaker's stance

Tuesday, May 15, 2007
Phillip Morris

It's funny how a gun can in stantly change your perspec tive on things, make you wish you could rewrite history.

State Rep. Michael DeBose, a southside Cleveland Democrat, discovered this lesson the night of May 1, when he thought he was going to die. That's the night he wished he had that gun vote back.

DeBose, who had just returned from Columbus, where he had spent the day in committee hearings, decided to take a short walk up Holly Hill, the street where he has lived with his wife for the past 27 years.

It was late, but DeBose, 51, was restless. The ordained Baptist minister knew his Lee-Harvard neighborhood was changing, but he wasn't scared. The idle, young men who sometimes hang out on his and adjacent streets didn't threaten him.

He is a big man and, besides, he had run the same streets before he found Jesus - and a wife. That night, he just needed a walk.

The loud muffler on a car that slowly passed as he was finishing the walk caught his attention, though. When the car stopped directly in front of his house - three houses from where he stood - he knew there was going to be a problem.

"There was a tall one and a short one," DeBose said, sipping on a McDonald's milkshake and recounting the experience Friday.

"The tall one reached in his pocket and pulled out a silver gun. And they both started running towards me."

"At first I just backed up, but then I turned around and started running and screaming."

"When I started running, the short boy stopped chasing and went back to the car. But the tall boy with the gun kept following me. I ran to the corner house and started banging on Mrs. Jones' door."

It was at that point that the would-be robbers realized that their prey wasn't worth the trouble. Besides, Cheryl, DeBose's wife, and a daughter had heard his screams and had raced out to investigate. Other porch lights began to flicker on.

The loud muffler sped off, and DeBose started rethinking his gun vote.

DeBose twice voted against a measure to allow Ohioans to carry concealed weapons. It became law in 2004.

DeBose voted his conscience. He feared that CCW permits would lead to a massive influx of new guns in the streets and a jump in gun violence. He feared that Cleveland would become the O.K. Corral, patrolled by legions of freshly minted permit holders.

"I was wrong," he said Friday.

"I'm going to get a permit and so is my wife.

"I've changed my mind. You need a way to protect yourself and your family.

"I don't want to hurt anyone. But I never again want to be in the position where I'm approached by someone with a gun and I don't have one."

DeBose said he knows that a gun doesn't solve Cleveland's violence problem; it's merely a street equalizer.

"There are too many people who are just evil and mean-spirited. They will hurt you for no reason. If more people were packing guns, it might serve as a deterrent.

"But there obviously are far deeper problems that we need to address," he added, as he suddenly seemed to realize he sounded like a gun enthusiast.

They say the definition of a conservative is a liberal who has been mugged. DeBose's CCW application will bear some witness to that notion.
At the end of Part 2 of Is the Government Responsible... I concluded:
(The) majority is largely unaware that they are the ones responsible for their own safety. They depend on the police almost exclusively for their safety and protection from crime. In their fear of violence, they fear the other "herbivores" with guns, too. They do so because some gun owners are idiots, but mostly because they're told that guns are the cause of crime, and they don't know any better. They don't accept that general citizens who are willing to resist crime are an asset, not a liability to society.

So what am I advocating? I am advocating educating the citizens of our society as to their rights and attendant duties. That way they can make educated decisions as to their own protection, and that of their fellow citizens. Then if they decide that, for them, actively opposing crime is not an option, they won't be so eager to deny the means to those who decide it's the moral thing to do.

In other words, I trust my fellow-man to make the right decision if given all the information.
Representative DeBose just got his PhD in the rights and duties of self-defense.

Too bad it required very nearly being the victim of a violent crime, but that's often what it takes. Or worse.

Hopefully he'll feel some shame for the fact that he twice voted to deny to his constituents what he will now be exercising himself.

Tuesday, May 15, 2007

He May Not Have Declared, but He's Definitely Campaigning

If you haven't already heard, Michael Moore challenged Fred Thompson to a debate over an op-ed Thompson wrote in National Review about Moore's trip to Cuba for his latest "documentary." Moore's challenge was published this morning. Thompson's video response was posted by noon.

As others have said, I have no doubt far more eyes will see Thompson's video that will watch even 60 seconds of tonight's Republican "debate." There's already eleven links to the Volunteer Voters page and 160 to the original Breitbart page, among them Oliver Willis who writes:
Can anyone seriously watch this clip of Fred Thompson "responding" to Michael Moore and not say the guy is a freaking joke?
Which only goes to prove that screaming Leftists have absolutely no sense of humor.

Unless he was talking about Michael? No. Didn't think so.

Oh yes, Fred Thompson is campaigning. And I don't think the other candidates are going to know what hit them.

UPDATE: OK, I retract that "60 seconds" comment above. I just watched the 60-second YouTube clip of Ron Paul v. Rudy.

THAT left a mark.

UPDATE 5/18: Peggy Noonan validates me.
Jiminy Crickett’s Eyelashes.

Lileks goes to DisneyWorld®©

You've GOT to read this one.

Monday, May 14, 2007

Express a Politically Incorrect Opinion, Lose Your Right to Arms.

Phil at Random Nuclear Strikes has a very, very important piece posted that everyone concerned with their right to arms needs to read: What is going on inside your head. If you've not heard the story of Hamline University student Troy Scheffler, you need to get up to speed quick. And when you look at some of the legislation proposed in the wake of the VATech massacre, you need to do it NOW.

After all, if newspaper editors can consider concealed-carry permit holders the equivalent of sex-offenders, it's not such a stretch to consider them dangerous paranoids, is it? After all, some people already do.

Four Years and Counting....

Four years ago I pressed "PUBLISH" on my first post at The Smallest Minority. I was the Blogosphere's newest member.

For about .0003 seconds.

I was not, however, completely new to the intarw3bz, as the current cyberpunk generation mangles it. I'd been online since 1995, first in the moshpit of UseNet, then the late lamented Themestream.com, then the message boards - AR15.com, followed by a concurrent six-month stint in the target-rich environment that is DemocraticUnderground.com. I read a lot. I wrote a lot. I learned a lot. Then I discovered blogs. I'm pretty sure (time fades my memory) that Instapundit was the first blog I ever read, but Insty has quite a blogroll, and as everyone knows is a prolific linker. Through him I found Gut Rumbles, the open, intimate, hilarious, filthy, sad, gut-wrenching - and above all else, exquisitely written - daily diary of Rob Smith, and I was hooked.

Not long after I discovered blogs, Rob excoriated a commenter on the topic of gun control. The commenter was an Irishman living in London, and suffice it to say, he was supportive of the idea. Rob was not. His "Acidman" moniker was well earned. Well, I had at that point some seven years of concentrated study and discussion on the topic, so I offered to debate Rob's commenter. Thinking that we would do it at a neutral site, I took advantage of Blogger's free offer and created TSM. It seems he had the same idea, as he (already a blogger) created The Commentary. I became not only the proprietor of my own blog, but debate partner at another on almost the same day.

The debate at The Commentary ran for four months. I did not convert my opponent, Jack, but we did conclude the exchange on this note:
So, what has been achieved? Well,
  1. I've accepted the lack of a link between the right to keep and bear arms and membership of a militia,
  2. I've been enlightened about the 'shall-issue' concept and it's superiority, compared with normal licencing.
  3. I've learnt a great deal about the whole issue, ranging from the origin of the right enumerated in the Second Amendment through to some of the restrictions placed on gun ownership by various US states.
So, for me, at any rate, the process has been useful and enlightening.

I think that my position now is actually more liberal (in terms of my approach to gun control) than when we started.
Not quite a victory. Far from a defeat, though.

And here I've been ever since. Blogger informs me that this is my 2,429th post. HaloScan tells me that it has archived 13,946 comments. Sitemeter tells me that it has recorded 797,726 visits and 964,923 page views since I added it to TSM in early June 2003, and at the present time I average 1048 visits a day. Technorati tells me that 180 unique blogs have linked to TSM in the last six months, and it is the 22,944th ranked blog out of the 71 million it tracks. I am a "Marauding Marsupial' in the Truth Laid Bear's recently repaired Blogosphere Ecosystem, ranked #1,731 out of the nearly 70,000 it monitors.

And none of those numbers mean all that much, really, when you think about it. Not in a nation of 300 million in a world of six and a half billion. For some people a blog is just a diary, a place to write their thoughts and log their daily lives. To some, it's a bulletin board for the others in their lives to catch up on. For others their blog is a newspaper or a magazine directed at their particular interest. For still others like me, it's a soapbox and a megaphone. But out of 71 million blogs, most do it poorly - the majority for only a few days or weeks before abandoning the effort. There is a large grain of truth in Theodore Sturgeon's 90% Law. When it comes to blogs, I'd say that percentage approaches 99%.

But 1% of 71,000,000 is 710,000. That's a lot of good stuff out there - for free.

I greatly appreciate my loyal readership, which I estimate is realistically about 2-300 regular (daily/weekly/monthly) readers. I cherish (most of) my commenters. Y'all are highly intelligent, erudite, and passionate. You other bloggers who have me on your blogrolls? I'm eternally grateful. I find very rewarding all the links this blog receives from other web sites - blogs, message boards, LiveJournals - where someone says "Hey, go read this. It's got information you won't find anywhere else," or "You're wrong. Go check this out, and the sources linked there." But what I find most rewarding of all are the emails or the comments (few and far between, I must admit) where someone says "you changed my mind," or "you taught me something," or at least "you made me think."

So I think I'll hang around for a while longer. And yes, I'm going to stay with Blogger unless they kick me off. There are a lot of links to the stuff in the archives, not to mention the 13k-plus comments, and I don't want those going anywhere.

Sunday, May 13, 2007

"To be civilized is to restrain the ability to commit mayhem."


"To be incapable of committing mayhem is not the mark of the civilized,
merely the domesticated." – Trefor Thomas (Usenet)
"Cry 'Havoc,' and let slip the dogs of war." - Wm. Shakespeare, Julius Caesar
According to this website:
The military order Havoc! was a signal given to the English military forces in the Middle Ages to direct the soldiery (in Shakespeare's parlance 'the dogs of war') to pillage and chaos.
I'm pretty sure that the words "rape and slaughter" are politely left out of that "pillage and chaos" description only because it's a family internet.

Settle in and get comfortable, ladies and gentlemen, or click on to other destinations. This promises to be another epic-length post.

I want to talk about the war in Iraq.

I'm one of the people personally convinced that upon election (or "selection," depending on your personal biases) of George W. Bush to the office of President in November of 2000, America was on the path to war in Iraq. I firmly believe that "regime change" was a cornerstone of the Bush presidency, even though he did not announce it during his campaign.

And honestly, I was fine with that. Let me explain why.

If you have not seen it, or if it's been a while, I strongly urge you to read Steven Den Beste's Strategic Overview explaining how he saw the root causes of the conflict between radical Islam and the West, and the solution to it. Bear in mind, Steven wrote his piece in July of 2003, after the invasion of Iraq, but most of the background information was true long before 9/11/2001, and that post was essentially a distillation of many posts he'd written much earlier. If you have any disagreement with his initial root-cause analysis, watch this YouTube clip of a Palestinian children's television show.

As I detailed in an earlier piece, A Terrible Resolve, we have been at war for quite a while with radical Islam. We've just pretended not to notice.

Many opponents to the invasion of Iraq pointed out that Saddam's government was secular. It was not a country ruled over by robed and turbaned religious zealots, it was ruled over by a run-of-the-mill psychotic dictator, and, the complaint went, we knew how to deal with those. Iran and Saudi Arabia were where the self-immolating neolithic goatherds in Semtex Underoos[*] were being inspired and financed from, why not attack one of them? Others counseled that we should handle the problem like our elder and more sophisticated cousins in Europe did - just live with the intermittent carnage, attempt appeasement, or - if we must be cowboys - lob a few bombs or missiles at suspected terrorist camps in response. After all, it was what we'd been doing for decades. Why change now? It's not like Saddam was a real threat or anything.

Steven spells out the reason for a military response against Iraq in realpolitik terms, but here's my summary: "Sitting and taking it" is not, for many Americans, an option. It was obvious prior to 9/11 that terrorist operations were getting larger and more sophisticated. The original truck-bomb attack against the World Trade Center in 1993 was just a taste of domestic things to come. With the demise of the Soviet Union in 1991 and the simultaneous collapse of the economies of its member nations, the possibility of military-grade chemical, biological, or even nuclear weapons falling into the hands of jihadists was significantly increased. Saddam, we knew, possessed chemical weapons that he had used on Iranians and Kurds. Everyone expected that Coalition troops would be at least gassed by Saddam's forces in the 1991 Gulf War. That was another argument against not only the 2003 invasion, but the Gulf War as well (how soon we forget.) We believed, as did the rest of the world, that he was pursuing both biological and nuclear weapons. The only topic of debate was "how long?"

Twelve years of UN sanctions against Iraq, twelve years during which he violated the terms of surrender and repeated UN (ir-)resolutions, did nothing - so far as we were able to determine - more than slow him down. In the mean time, Saddam and his sons Uday and Qusay managed to take advantage of that wretched hive of scum and villainy that is the UN and suborned Germany, France, and cash-starved Russia, not to mention a big chunk of Kofi Annan's staff and family. "Oil for Food" became "Oil for Palaces," and international aid organizations and other NGOs were getting closer and closer to their goal of having the UN drop the sanctions against Iraq "for the children." That move would have left Saddam in power with his even less stable sons in line for the chair, and that was not an option that I believe George W. Bush nor Richard Cheney had any intention of allowing to come to pass as far back as November 2000. It was, absolutely, a question of U.S. National Security. And as far as I can determine, the only candidate for Presidential office in 2000 actually willing to be proactive about Saddam was Bush.

Fellow blogger Markadelphia of Notes from the Front left a comment here on another post where he says:
It was very clear long before 9-11 that we were going into Iraq. The people that helped elect Bush were tired of being at the little kids table behind Germany, France, and Russia in regards to Iraqi oil. Cheney spent 1993-2000 at Haliburton planning to go to war with Iraq to a)get their oil and b)use KBR (subsidiary of Haliburton) to fleece taxpayers like you and I with overly generous defense contracts. He reset the table and he used 9-11 as a pretext for going there.
So it was even clear to others that Iraq was on the agenda prior to 9/11. But was it for the Ooooiiiillllll!!!!!? Oh bullshit. If we wanted Iraqi oil, we'd have gone ahead and dropped the sanctions and simply bought it. If we went to war to steal it, then where the hell is it, and why does my gas cost $3.03 a gallon? Are contractors raking in big bucks in Iraq? Yes they are, but they're doing it in Afghanistan, too - and Afghanistan is the good war, remember? What about Kosovo? KBR is big there and has been from pretty much the beginning. Wasn't there a Clinton involved in that one?

But yes, it is about oil. If the world's primary reserves of crude were not under the Middle East, we wouldn't be having this discussion. The radical Islamists wouldn't have two dimes to rub together with which to prosecute their war against the West, and we wouldn't give a dead dog fart about them. Oil is the life blood of the industrial world. Having certifiably insane people sitting in a position that allows them to deny it to the world is manifestly not a good idea.

In order to end the conflict between the West and radical Islam, it is necessary to do one thing: destroy radical Islam. There are two paths to this end. One is, as Steven says, reform the Arab/Muslim world and undermine its support. The second is the unthinkable - destroy it by force of arms.

Therefore I firmly believe that the Bush administration shambled into office with the intent to evict Saddam Hussein and his power structure from Iraq, and to attempt to build a modern democratic nation in the middle of the region. The realpolitik reason for the act was because it would be the opening maneuver in the effort to reform the Arab/Muslim world. The legal and moral justification for the act was that Saddam remained a real if not "imminent" danger, was in violation of the UN resolutions passed against him, and was in violation of the terms of surrender from the 1991 Gulf War. Further, as Iraq was run by a secular government, we could not be credibly accused of attacking for religious reasons. We could not put forth a similar argument for attacking Iran, and the Saudis are supposedly our friends. Attacking them was no option at all. And there was no acceptable diplomatic solution. Twelve years of "diplomacy" conclusively proved that.

Iraq was the target, as Steven says, because in order to begin to reform the Arab/Muslim world:
(W)e had to conquer one of the big antagonistic Arab nations and take control of it.
  1. To directly reduce support for terrorist groups by eliminating one government which had been providing such support.
  2. To place us in a physical and logistical position to be able to apply substantial pressure on the rest of the major governments of the region.
    1. To force them to stop protecting and supporting terrorist groups
    2. To force them to begin implementing political and social reforms
  3. To convince the governments and other leaders of the region that it was no longer fashionable to blame us for their failure, so that they would stop using us as scapegoats.
  4. To make clear to everyone in the world that reform is coming, whether they like it or not, and that the old policy of stability-for-the-sake-of-stability is dead. To make clear to local leaders that they may only choose between reforming voluntarily or having reform forced on them.
  5. To make a significant long term change in the psychology of the "Arab Street"
    1. To prove to the "Arab Street" that we were willing to fight, and that our reputation for cowardice was undeserved.
    2. To prove that we are extraordinarily dangerous when we do fight, and that it is extremely unwise to provoke us.
    3. To defeat the spirit of the "Arab Street". To force them to face their own failure, so that they would become willing to consider the idea that reform could lead them to success. No one can solve a problem until they acknowledge that they have a problem, and until now the "Arab Street" has been hiding from theirs, in part aided by government propaganda eager to blame others elsewhere (especially the Jews).
  6. To "nation build". After making the "Arab Street" truly face its own failure, to show the "Arab Street" a better way by creating a secularized, liberated, cosmopolitan society in a core Arab nation. To create a place where Arabs were free, safe, unafraid, happy and successful. To show that this could be done without dictators or monarchs. (I've been referring to this as being the pilot project for "Arab Civilization 2.0".)
  7. Not confirmed: It may have been hoped that the conquered nation would serve as a honey-pot to attract militants from the region, causing them to fight against our troops instead of planning attacks against civilians. (This was described by David Warren as the flypaper strategy.) It seems to have worked out that way, but it's not known if this was a deliberate part of the plan. Many of the defenders who died in the war were not actually Iraqis.
That last sentence remains true today, nearly four years later, only they're not "defenders" they're jihadis, and they're killing more Iraqi civilians than they are American soldiers by a couple orders of magnitude. Personally, I don't think the "flypaper strategy" was much considered by the war planners. I think probably their largest oversight was the level of effort Iran and Syria would put in to producing, aiding and arming inbound militants.

The attacks of September 11, 2001 simply moved up the timetable, and made it easier to sell to Congress and the American people. And it is possible, I will admit, that planning for the overthrow of Saddam may possibly have distracted the Bush administration from other threats.

Bear in mind here - I do not concur with the "Bush lied, people died" meme. Everybody thought Saddam had stocks of at least chemical weapons he'd kept hidden from the UN. Don't make me drag out the YouTube clips of Madeline Albright, Bill Clinton, Hillary Clinton, and other Democrat muckety-mucks talking about what a threat Saddam was long before Bush took office.

In a February 26, 2003 speech, President Bush said:
The current Iraqi regime has shown the power of tyranny to spread discord and violence in the Middle East. A liberated Iraq can show the power of freedom to transform that vital region, by bringing hope and progress into the lives of millions. America's interests in security, and America's belief in liberty, both lead in the same direction: to a free and peaceful Iraq.

The first to benefit from a free Iraq would be the Iraqi people, themselves. Today they live in scarcity and fear, under a dictator who has brought them nothing but war, and misery, and torture. Their lives and their freedom matter little to Saddam Hussein -- but Iraqi lives and freedom matter greatly to us.

Bringing stability and unity to a free Iraq will not be easy. Yet that is no excuse to leave the Iraqi regime's torture chambers and poison labs in operation. Any future the Iraqi people choose for themselves will be better than the nightmare world that Saddam Hussein has chosen for them.

--

Rebuilding Iraq will require a sustained commitment from many nations, including our own: we will remain in Iraq as long as necessary, and not a day more. America has made and kept this kind of commitment before -- in the peace that followed a world war. After defeating enemies, we did not leave behind occupying armies, we left constitutions and parliaments. We established an atmosphere of safety, in which responsible, reform-minded local leaders could build lasting institutions of freedom. In societies that once bred fascism and militarism, liberty found a permanent home.

There was a time when many said that the cultures of Japan and Germany were incapable of sustaining democratic values. Well, they were wrong. Some say the same of Iraq today. They are mistaken. The nation of Iraq -- with its proud heritage, abundant resources and skilled and educated people -- is fully capable of moving toward democracy and living in freedom.

The world has a clear interest in the spread of democratic values, because stable and free nations do not breed the ideologies of murder. They encourage the peaceful pursuit of a better life. And there are hopeful signs of a desire for freedom in the Middle East. Arab intellectuals have called on Arab governments to address the "freedom gap" so their peoples can fully share in the progress of our times. Leaders in the region speak of a new Arab charter that champions internal reform, greater politics participation, economic openness, and free trade. And from Morocco to Bahrain and beyond, nations are taking genuine steps toward politics reform. A new regime in Iraq would serve as a dramatic and inspiring example of freedom for other nations in the region.

It is presumptuous and insulting to suggest that a whole region of the world -- or the one-fifth of humanity that is Muslim -- is somehow untouched by the most basic aspirations of life. Human cultures can be vastly different. Yet the human heart desires the same good things, everywhere on Earth. In our desire to be safe from brutal and bullying oppression, human beings are the same. In our desire to care for our children and give them a better life, we are the same. For these fundamental reasons, freedom and democracy will always and everywhere have greater appeal than the slogans of hatred and the tactics of terror.

Success in Iraq could also begin a new stage for Middle Eastern peace, and set in motion progress towards a truly democratic Palestinian state. The passing of Saddam Hussein's regime will deprive terrorist networks of a wealthy patron that pays for terrorist training, and offers rewards to families of suicide bombers. And other regimes will be given a clear warning that support for terror will not be tolerated.

Without this outside support for terrorism, Palestinians who are working for reform and long for democracy will be in a better position to choose new leaders. True leaders who strive for peace; true leaders who faithfully serve the people. A Palestinian state must be a reformed and peaceful state that abandons forever the use of terror.
Congress was convinced, the American public was convinced, and we invaded Iraq. Despite the fact that many in the media predicted (even seemed to wish for) "quagmire" and huge losses, the ousting of Saddam was accomplished in an astonishingly short period with surprisingly low losses. Baghdad fell only three weeks after the beginning of the invasion. "Major combat operations" were complete by May 1, Uday and Qusay were killed in July, and Saddam was captured in early December. But there's an expression in retail sales: "You break it, you bought it." Iraq was broken before we got there, but we did a pretty good job of making smaller pieces from some of the shards. We had committed ourselves to a path, and most of us believed we could pull it off. After all, we'd done it before. Now what remained was "nation-building."

And that's where things have gone pretty badly. Had we still been practicing a Kissingerian pragmatic foreign policy, we'd simply have propped a pro-American "our bastard" dictator on the throne, set up defensive cordons around the oil fields, and let our new ally "pacify" his newly "liberated" nation. We've been there and done that, too, and that's what our Leftist population accused us of attempting.

But President Bush, his cabinet and advisors, even most of the American people, I think, believe in what he said in that speech:
It is presumptuous and insulting to suggest that a whole region of the world -- or the one-fifth of humanity that is Muslim -- is somehow untouched by the most basic aspirations of life. Human cultures can be vastly different. Yet the human heart desires the same good things, everywhere on Earth. In our desire to be safe from brutal and bullying oppression, human beings are the same. In our desire to care for our children and give them a better life, we are the same. For these fundamental reasons, freedom and democracy will always and everywhere have greater appeal than the slogans of hatred and the tactics of terror.
He also said in a later speech in England:
We must shake off decades of failed policy in the Middle East. Your nation and mine, in the past, have been willing to make a bargain, to tolerate oppression for the sake of stability. Longstanding ties often led us to overlook the faults of local elites. Yet this bargain did not bring stability or make us safe. It merely bought time, while problems festered and ideologies of violence took hold.

As recent history has shown, we cannot turn a blind eye to oppression just because the oppression is not in our own backyard. No longer should we think tyranny is benign because it is temporarily convenient. Tyranny is never benign to its victims, and our great democracies should oppose tyranny wherever it is found.
At least wherever tyranny is found that has a direct effect on American national security. But it has has been pointed out by others that it only takes a few people on one side to force conflict. The slogans of hatred and the tactics of terror appeal to a not-insignificant portion of the one-fifth of humanity that is Muslim, and some of them run countries.

Steven Den Beste postulated that "we had to conquer one of the big antagonistic Arab nations and take control of it" in part:
  1. To place us in a physical and logistical position to be able to apply substantial pressure on the rest of the major governments of the region.

    1. To force them to stop protecting and supporting terrorist groups

    2. To force them to begin implementing political and social reforms
Well, if you'll look at a map we occupy Afghanistan and Iraq, effectively straddling Iran. Iraq abuts Syria and Saudi Arabia as well. We're in that "physical and logistical position," but the "substantial pressure"? Not so much. And without that, the following bullet points are moot.

Steven also wrote that another purpose behind conquering and controlling Iraq was:
  1. To prove to the "Arab Street" that we were willing to fight, and that our reputation for cowardice was undeserved.
  2. To prove that we are extraordinarily dangerous when we do fight, and that it is extremely unwise to provoke us.
  3. To defeat the spirit of the "Arab Street". To force them to face their own failure, so that they would become willing to consider the idea that reform could lead them to success.
As to part a), we've proven that we're willing to fight - for a while. Our military is, certainly. Our politicians and populace are another story. As to our reputation for cowardice, well, that remains to be seen. On point b) I don't think there's been any doubt about that, but our will to fight? See point a). On point c) to date we have been a complete failure as a nation.

Why aren't we able to apply that substantial pressure? Why have we so far been a complete failure at defeating the "spirit of the 'Arab Street'"?

I believe it's a two-part problem, one creating its own positive-feedback loop: 1) Because we "misunderestimated" our enemy, and 2) the United States quite simply isn't united - and our disunity is illustrated worldwide every day in neon and fireworks via every media outlet going.

Beginning prior to the invasion of Afghanistan, and continuing on ever since there has been a constant drumbeat of defeatism by the Left, and here's where I'm going to get labeled as a right-wing nutcase (as if I weren't already): The media has been and continues to be fully complicit in encouraging that defeatism. I'm not going to go into why this is, this essay will be more than long enough already, but suffice it to say that the media's constant spinning of the war effort (now the nation-building effort) and its overwhelming concentration on the negative, on opponents to the war, on our errors, and on the actions of our enemies has made it a fifth column force on the side of the jihadis. Iraq is not Vietnam, but the media wants everyone to go back to those halcyon days when Walter Cronkite effectively ended that war with one well-placed broadcast, not the bad old days of Ernie Pyle and Edward R. Murrow.

And to hell with the consequences.

The media may be losing its audience, but still the majority of our population gets its information from major news services. And media sells. or advertisers wouldn't be spending billions on television, print, and radio.

We "misunderestimated" our enemy by not understanding that for their "true believers," death is their reward. We'd seen that before in the Kamikazes of World War II, but I don't really think anyone in the Western world really grasps that kind of mindset. We of the cult of material well-being, after all, have things to live for. Six years after 9/11, our enemy seems to have no problem recruiting sufficient numbers of suicide bombers. After all, they think they're winning. Our media, our Congress tells them so every day.

The idea that people are willing to deliberately blow themselves up for a cause is something the West in general and the Left in particular greatly fears. That is its strongest psychological effect as a weapon: "How can we beat an enemy that is willing to die in order to kill us?" (As an aside, many Leftists (not "liberals") don't even understand why people volunteer for the military and put themselves at risk of dying. For them the only justification could be the promise of an education or to get out of bad economic conditions.) For the Left the answer is "make you enemy your friend." For the Right the answer is "kill him first." The Left is terrified of "offending" the enemy - thus almost no one was willing to print the Muhammed Cartoons out of fear of reprisal, but no one has a qualm about insulting fundamentalist Christians. President Bush's admittedly macho posturing of "Bring 'em on!" brought howls of protest by the Left, but you can't kill them if you can't find them.

Unless you're willing to kill a lot of innocents in the process.

Our enemy is willing. We, so far, have not been.

A recent editorial, however, illustrates that the mindset may be changing on that. Morton Kondracke published Plan B for Iraq: Winning Dirty on Friday. In it, he suggests the slightly less unthinkable:
(A)s Bush's critics point out, bloody civil war is the reality in Iraq right now. U.S. troops are standing in the middle of it and so far cannot stop either Shiites from killing Sunnis or Sunnis from killing Shiites.
Or "insurgents" from killing Americans.
Winning dirty would involve taking sides in the civil war - backing the Shiite-dominated elected government of Prime Minister Nuri al-Maliki and ensuring that he and his allies prevail over both the Sunni insurgency and his Shiite adversary Muqtada al-Sadr, who's now Iran's candidate to rule Iraq.
In effect, the "our bastard" policy, which he makes explicit from the beginning:
Winning will be dirty because it will allow the Shiite-dominated Iraqi military and some Shiite militias to decimate the Sunni insurgency. There likely will be ethnic cleansing, atrocities against civilians and massive refugee flows.
(My emphasis.) But he continues with the pragmatism argument:
Ever since the toppling of Saddam Hussein, Sunnis - representing 20 percent of the population - have been the core of armed resistance to the U.S. and the Iraqi government. The insurgency consists mainly of ex-Saddam supporters and Sunni nationalists, both eager to return to power, and of jihadists anxious to sow chaos, humiliate the United States and create a safe zone for al-Qaida operations throughout the Middle East.

Bush wants to establish Iraq as a model representative democracy for the Middle East, but that's proved impossible so far - partly because of the Sunni insurgencies, partly because of Shiites' reluctance to compromise with their former oppressors and partly because al-Qaida succeeded in triggering a civil war.

Bush's troop surge - along with Gen. David Petraeus' shift of military strategy - is designed to suppress the civil war long enough for Iraqi military forces to be able to maintain even handed order on their own and for Sunni, Kurdish and Shiite politicians to agree to share power and resources. The new strategy deserves a chance, but so far civilian casualties are not down, progress on political reconciliation is glacial, and U.S. casualties have increased significantly.

As a result, political patience in the United States is running down. If Petraeus cannot show dramatic progress by September, Republicans worried about re-election are likely to demand a U.S. withdrawal, joining Democrats who have demanded it for years.
So much for our reputation for cowardice...
Prudence calls for preparation of a Plan B. The withdrawal policy advocated by most Democrats virtually guarantees catastrophic ethnic cleansing - but without any guarantee that a government friendly to the United States would emerge. Almost certainly, Shiites will dominate Iraq because they outnumber Sunnis three to one. But the United States would get no credit for helping the Shiites win. In fact, America's credibility would suffer because it abandoned its mission.
(My emphasis.) So, for Morton Kondracke, it is better to betray one set of principles and get a partially positive result, than betray another set of principles and get a completely negative one.

Personally, I don't think "Plan B" has a snowball's chance of getting any support. No one is going to say openly that they support "ethnic" (in this case religious sectarian) "cleansing." If the media would only point out that abandoning Iraq means just that at least as often as they do the American body count, the Democrat support for withdrawal would vanish overnight.

I don't think the "surge" is going to solve all of Iraq's problems, or even "produce dramatic results by September," so one of two things is going to happen - either our politicians are eventually going to demand withdrawal (and get it), or they're going to grow spines and accept politically that Iraq is a long-haul project that will take literally decades.

Politicians growing spines? Did I mention a snowball's chance?

So what next?

Winning our battle against radical Islam requires national unity, which we don't have. Kondracke concludes his op-ed with this observation:
Civil wars do end. The losers lose and have to knuckle under.
Actually, that's true for all wars, not just "civil" ones. The difference in this war is how we're prosecuting it. Traditionally, in war military forces kill people and break things until one side has lost enough. As the saying goes, "Winning a war is expensive. Losing one takes everything you've got." As I detailed in A Terrible Resolve, the concept of "ethnic cleansing" didn't seem to bother us much in the Pacific Theater. Arthur Koestler once wrote "Politics can be relatively fair in the breathing spaces of history; at its critical turning points there is no other rule possible than the old one, that the end justifies the means." But times changed. We're again approaching one of those critical turning points. Now there's at least a hint that the idea isn't as repulsive as it used to be.

George Tenet, whatever you think of him, believes that another major attack against the United States is imminent. If some self-immolating neolithic goatherds are handed a nukular weapon and detonate it in an American city while shouting "Allahu akbar!" it might very well become downright attractive.

Attractive to the point where the American populace unifies and demands that we cry "Havoc!" and let slip our dogs of war. We don't do rape and pillage, but chaos and slaughter? Oh my yes. Ask the Japanese soldiers of Guadalcanal, Iwo Jima, Saipan and Okinawa. Ask the citizens of Tokyo, Osaka, Hiroshima and Nagasaki.

Now I ask you: Would you rather see our military stay in Iraq for the next decade or two trying to make that country stable and acting as flypaper for jihadis, or the probable alternative?

[*]Hat tip to master wordsmith Tamara K of View from the Porch for that mental visual.

Saturday, May 12, 2007

OK, I Lied.

I added one more blogger that I've been meaning to, but forgot: Skywritings. Written by a female ex-professional pilot, she's been blogging since December 2005, and posts two or three times a month - but they're good posts! Samples:
I remember offering a ride in my airplane to two French tourists who had come up for their idea of adventure, paying probably $10,000 for the privilege of camping out alone for a week, then a carefully orchestrated raft or hunting trip they could go home and brag about. Their flight out to their camp area canceled. Since I was taking my plane up that way to check out an eagles nest I'd seen from the air, I told them I'd drop them off on the sandbar. I couldn't accept any money for it, but since I was going there anyway, they were welcome to a lift. I'd like to say that they were gracious, joyous people and we had a wonderful experience, but they were the rudest, nastiest people I'd ever met in my life. It got to the point I gave up being polite and started to burp and pretend to nod off at the controls muttering the phrase "boy I wish I hadn't drunk that bottle of cough syrup". - Saturday, 5/20/06

--

As the door opened, the next candidate came in - 6' 3" and wearing a pink tuxedo. . the ruffly, kind that epitomized what was wrong with 80's fashion. We could only look and stare. He held himself up straight, and sat down with pride. Then he opened his mouth, and out came a pronounced Oklahoma accent. He said

"Bet you're wondering about the suit?'

We could only stare, and nod, silently.

"Well, it took me all day to get here, my flight from Tulsa canceled and I was re-booked, and when I finally got here late last evening, you'all had lost all my luggage, all I had was the jeans and t- shirt I was wearing. I raced over to the mall, just as the department store closed, The only thing open was the tux shop. . and this was all they had in my size".

And he finished, head held up with pride, smiled, and just looked me in the eye.

All I could say was "that took one hell of a lot of balls to walk in here like this. . . . .
you've got yourself a job - welcome aboard. Now get out of here, put those jeans back on and have a cold one by the pool to celebrate"

That was the whole interview. He ended up being one of our best pilots. - 5/27/06

--

I've felt fear in an airplane, shooting an approach to minimums in the mountains, snowflakes the size of postage stamps slamming into the window, my right hand on the throttle and sweat trickling down my cheek. I had never felt more present, more myself, more in the moment than at that time. The fear was right on the edge of either paralyzing me or propelling me into this place of being utterly engaged, that magic moment when I know I am honing years of practice into precision flying, and I'm suddenly out of the fear, into the light. I could manage the fear because I have faith. Faith in my training, faith in my mechanic, my copilot, my airplane. And faith that with needles centered, the runway should soon be straight ahead. For as it says in Hebrews 11:1 faith is the substance of things hoped for, the evidence of things not seen. - 7/7/2006.
Her name is Linda, yes, she's a shooter, and she's partial to Sigs.

Go spend some time over there. It's worth it.
Blogroll Updated.

Finally.

As I've noted before, I'm coming up on the fourth anniversary of TSM, and I thought it was about time I updated my blogroll. First I went through and pulled any site that hadn't updated in the last six months, or any site I had as a reciprocal blog where a link to me no longer existed. Any site that came back as something commercial or "404 Not Found" was pruned, so if your site disappeared due to a temporary server problem, let me know.

For a medium in which so many people start out, but then peter off, I was quite surprised how many of my links are still active and healthy.

Then I went back and added some bloggers that I've admired but just not taken the time to include: LawDog, Ambulance Driver, and The Munchkin Wrangler. I then checked my Technorati links to add blogs that had put me on their blogrolls in the interim - so long as they were at least six months old and still posting.

Finally, I added a category: "Bloggers I've Met." There's a lot of redundancy in that list, but I don't care.

Believe it or not, this took about three hours. See why I've been putting it off?

This should be the only post for today. Überpost tomorrow (I hope.) Title: To be civilized is to restrain the ability to commit mayhem. It's about the war in Iraq.

Thursday, May 10, 2007

Dammit, How Does She DO That?.

Tam pretty much nails my position on the current crop of Presidential wannabes in today's post, Politics: Why I'm Pulling for Fred Thompson.

Quote of the Day:
...the most amoral, power-hungry weathervane to wear a skirt in Washington since J. Edgar Hoover.
Guess who?

Wednesday, May 09, 2007

Winchester .22 LR Ammo Recall.

I really need to get around the gunblogosphere more. This is a few days old (h/t: Mr. Completely)

Winchester is recalling some lots of Wildcat and Xpert 22 Long Rifle ammo.

Off to a Good Start!.

New blogger Banana Fufu links to my post Yes, I'm Still Alive with a slight revision to the speech Bush ought to make.

I have to admit, it's a pretty good change. And there's some good gun porn, too!

Tuesday, May 08, 2007

The Price of Free Corn.

The Ninth Stage reprints a classic tale of the slippery slope. (Via Jed.)
None of Your F@&^ing Business!.

I wish I could do the Spock eyebrow thing when I say "Fascinating!"

I was checking the Violence Policy Center website to see if they had any reaction to today's Parker decision, and came across their latest "analysis," A Shrinking Minority: The Continuing Decline of Gun Ownership in America (a PDF file). The report tells us what the title does, apparently guns just aren't popular in America any more. So says the General Social Survey, which the Violence Policy Center tells us:
...is conducted by the National Opinion Research Center (NORC) at the University of Chicago. Begun in 1972, the GSS completed its 26th round in 2006. According to NORC, "Except for the U.S. Census, the GSS is the most frequently analyzed source of information in the social sciences" and is "the only survey that has tracked the opinions of Americans over an extended period of time."
So much for the GSS's bona fides.

Y'all know how much I love the VPC's graphics. Well, here's the centerpiece of this report:

Yes, according to the GSS:
During the period 1972 to 2006, the percentage of American households that reported having any guns in the home has dropped nearly 20 percentage points: from a high of 54 percent in 1977 to 34.5 percent in 2006.
While at the same time:
In a June 2006 press release, National Shooting Sports Foundation (NSSF) President Doug Painter states that "...gun sales and ownership in our country continue to rise." The NSSF is the self-described "trade association for the shooting, hunting and outdoor industry." In the release, the NSSF adds without attribution, "The number of American households with at least one firearm is now estimated at nearly 47.8 million." According to the U.S. Bureau of the Census, in 2005 there were an estimated 108,819,000 households in America. Using NSSF's figures, 43.9 percent of American households have a gun — more than nine percentage points higher than the most recent NORC household gun ownership figure.
I don't see what the VPC's problem is, then. Obviously the NSSF is lying and it appears that since gun ownership is declining on its own, there's no need to pass legislation banning handguns, "semi-automatic assault weapons" etc. The "gun culture" is going away!

Except, it doesn't seem to be. I mean, President Clinton wouldn't lie to us, would he? In a February 4, 2000 White House press release he announced:
Handguns Account for Nearly Half of All New Gun Sales – About 2 Million Per Year. Fifty years ago, handguns represented only one out of every 10 new gun sales. Now they account for more than four out of 10.
Um, if two million a year represents, say 45% of all annual gun sales, then that puts the total annual gun sales (carry the one...) at about 4.4 million per year. And that's just new gun sales. As I've noted many times before, guns are durable goods. A gun made 100 years ago can certainly be perfectly functional today, and many are.

Now, I certainly believe that those of us who collect guns are building bigger collections, after all, I've got (mumble mumble...) guns myself and my wife insisted that I buy the bigger model gun safe because "You'll fill it up eventually." But do I believe that all of those guns each year are going into the collections of a shrinking number of aging geezers like me?

I do not.

According to the General Social Survey FAQ site, about 3,000 people are interviewed for their survey, and about 75% of them respond. It's not a telephone survey, either. You'll note, also, that after the 1998 survey the response rate dropped to about 70%, so right off the bat about 30% of the people they go to interview now tell the interviewers (in effect) "F$%# off!"

Gee, I wonder what the gun ownership rate in that demographic is?

Second, the VPC, Brady Center et al. have been striving for decades to convince people that "Guns are bad, mmmkay?" This, despite the fact that since 1986 the number of states with "shall issue" concealed-carry legislation has increased from 6 to 37 (and Alaska has gone from no carry to unrestricted.) People, somebody had to be buying those millions of "pocket rockets" and they weren't all prior gun owners. Perhaps the best illustration of what I'm talking about here comes from NPR contributor and gun convert Emily Yoffe, the "Human Guinea Pig," in her Slate piece Guinea Get Your Gun: How I Learned to Love Firearms:
So anathema are guns among my friends that when one learned I was doing this piece, he opened his wallet, silently pulled out an NRA membership card, then (after I recovered from the sight) asked me not to spread it around lest his son be kicked out of nursery school.
Ye gods. As fellow blogger and activist Joe Huffman has noted, in many areas - specifically the "blue states" and metropolitan centers - the gun bigots have made gun owners into "gun niggers." Hell, newspapers seem to think that concealed-carry permit holders are the equivalent of sex offenders. It happened again just today.

So where are all those guns going? Well for one thing, I think the National Opinion Research Center has its head up its collective posterior when it says:
Some have speculated that the 9/11 terrorist attacks undermined support for the regulation of firearms, arguing that fear of terrorism increased the public desire for firearms for self-defense. However, this was not the case. (E)xcept for a small bulge in handgun applications in September-October, 2001 which had already started to subside by November, there was no increase in firearm purchases in response to the 9/11 attacks.
What about after Katrina? A LOT of people figured out fast that the government wasn't responsible for their protection - was, in fact inimical to it in some cases. (Just ask Patricia Konie and her attorney Ashton O'Dwyer).

So, given this "decades-long slow motion hate crime" perpetrated against gun owners, is it any surprise that people either decline to answer, or (dare I say it) lie when asked whether their home contains a firearm? I mean, if you fear that your toddler might be evicted from nursery school because daddy owns a pistol...

So go ahead, VPC, Brady Center and all the other Joyce Foundation sponsored gun ban control safety organizations; convince yourselves that the number of gun owners in the U.S. is dropping precipitously. Pat yourselves on the back for the outstanding (*cough*) job you're doing.

I really enjoy watching you splutter like Sylvester the Cat every time a new piece of gun-control legislation goes down in flames, or gun-rights legislation passes with a veto-proof margin, or, as also happened today, a gun-rights court decision stands.

UPDATE: I swear, I wrote this piece before I ever saw this.

UPDATE II: D'OH! Instapundit link fixed. I need a vacation....

UPDATE III: Woohoo! Instalanch!
No Wailing nor Gnashing of Teeth... Yet.

It appears that the District Court of Appeals for Washington, D.C. has denied in a 6-to-4 vote to re-hear Parker v. D.C. en banc. This is good news - they won't be overturning the three-judge panel 2-1 decision that rejected Washington's draconian gun laws. Eugene Volokh has the details. A quick check of the major news outlets shows that pretty much nobody else does. As Eugene notes, the City will now almost definitely file an appeal to the Supreme Court, and
...the petition will likely be filed in mid-August. That would mean the Supreme Court will decide in late September whether to hear the case — and if it does agree to hear the case ("grant cert"), it will hear it in early 2008, with a decision handed down by early July of 2008.
Which would put it right before the November election.

Want to bet that gun control will be a major topic in the next Presidential election?

Me neither. I expect the court to deny certiorari and dodge the question once more. I could be wrong, though.

UPDATE: SCOTUSBlog thinks otherwise.

UPDATE II: Now that I'm home and had a chance to read some details, I'm quite surprised to learn that Circuit Judge Karen LeCraft Henderson was one of the bench who voted against the en banc rehearing. She was the dissenting opinion in the original case. Judge Silberman, who wrote the original opinion, is a Senior Circuit judge and was not able to vote on the en banc rehearing, nor (as I understand it) would he have been able to sit on the bench for the case.

Judge Henderson's vote could have made it 5-5, and while that wouldn't have altered the result (a majority has to agree to re-hear), it would have been a political talking point ("Look how divided the Court is!") So the $64k question is, "Why?" Did she believe that a rehearing would have simply delayed the inevitable? Did she just want to dodge the question and kick the problem upstairs? Has she been convinced (after the fact) that the majority was right, after all?

Inquiring minds want to know...

Bear in mind, though, that even if SCOTUS hears Parker, there's no guarantee it will be decided A) in the favor of an individual right, much less B) be "incorporated" against infringement by the states under the 14th Amendment. That question was deliberately not raised by the plaintiffs in Parker, and is well established precedent in Cruikshank and Presser.

Which is why I fully expect denial of cert.

Monday, May 07, 2007

Good Luck to You, Whoever You Are...

Provided with no additional commentary, here is a screenshot of a recent hit on TSM by a visitor using Google to find something specific:

The post they went to was this one. I doubt it was what they were looking for, though.
James, Arizona Wants You!.

James Lileks reports in today's Bleat that the management of the Star Tribune has decided that his talents are best used not in writing a daily or even weekly humor column, but instead in covering "straight local news stories." The news has draw a lot of blog attention.

Now, granted, James has himself strongly recommended that local newspapers do local coverage. Local, local, local. Section "A" should be local, and section "B" should be national and international, he has said. That does not mean that James' talents are best utilized as a beat reporter. You wouldn't expect the Miami Herald to put Dave Barry on assignment doing "straight local news stories," would you?

James recently dropped his longstanding contract with Newhouse News Services because of the speed of today's world. A piece that he wrote a week ago might no longer be relevant by the time Newhouse placed it. I have no doubt, however, that he will be receiving offers from other outlets for his services.

Which brings me to Arizona. On more than one occasion, James has made noises about moving to Arizona - the Prescott vicinity if I recall correctly. Apparently his wife's family lives in the area.

C'mon down, James. We'd love to have you as a neighbor.

Dan of Jackalope Pursuivant concurs - with a link to a pertinent Lileks piece, and another link to another Arizona blogger who wants to make the invite official. Suggestion: Don't forget to mention Jasper in that invite!

Sunday, May 06, 2007

Not Even A Mention of the EEEEEEEvil NRA!


Insty points today to an interesting New York Times piece, A Liberal Case for Gun Rights Helps Sway Judiciary. It's interesting enough that I'm not going to fisk it so much as expand upon it:
In March, for the first time in the nation's history, a federal appeals court struck down a gun control law on Second Amendment grounds. Only a few decades ago, the decision would have been unimaginable.
Only a few decades before that and that same decision would have been a foregone conclusion.
There used to be an almost complete scholarly and judicial consensus that the Second Amendment protects only a collective right of the states to maintain militias. That consensus no longer exists — thanks largely to the work over the last 20 years of several leading liberal law professors, who have come to embrace the view that the Second Amendment protects an individual right to own guns.
Err, no. There was a scholarly and judicial consensus that the Second Amendment protected only the rights of white men - perhaps the most blatant example of this attitude being exhibited in Florida's 1941 Watson v. Stone decision, where one of the concurring judges wrote:
I know something of the history of this legislation. The original Act of 1893 was passed when there was a great influx of negro laborers in this State drawn here for the purpose of working in turpentine and lumber camps.... [T]he Act was passed for the purpose of disarming the negro laborers and to thereby reduce the unlawful homicides that were prevalent in turpentine and saw-mill camps and to give the white citizens in sparsely settled areas a better feeling of security. The statute was never intended to be applied to the white population.... [I]t is a safe guess to assume that more than 80% of the white men living in the rural sections of Florida have violated this statute.... [T]here has never been, within my knowledge, any effort to enforce the provisions of this statute as to white people, because it has been generally conceded to be in contravention of the Constitution and non-enforceable if contested.
This quote is excerpted from a Robert Cottrol and Raymond Diamond Chicago-Kent Law Review paper available here. A shorter version of this quote appears in the Amicus Curae brief filed on behalf of Parker et al. by the Congress of Racial Equality (CORE).
In those two decades, breakneck speed by the standards of constitutional law, they have helped to reshape the debate over gun rights in the United States. Their work culminated in the March decision, Parker v. District of Columbia, and it will doubtless play a major role should the case reach the United States Supreme Court.

Laurence H. Tribe, a law professor at Harvard, said he had come to believe that the Second Amendment protected an individual right.

"My conclusion came as something of a surprise to me, and an unwelcome surprise," Professor Tribe said. "I have always supported as a matter of policy very comprehensive gun control."

The first two editions of Professor Tribe's influential treatise on constitutional law, in 1978 and 1988, endorsed the collective rights view. The latest, published in 2000, sets out his current interpretation.
Which the paper leaves out, but I will not since it's one of my favorite quotes:
Perhaps the most accurate conclusion one can reach with any confidence is that the core meaning of the Second Amendment is a populist / republican / federalism one: Its central object is to arm 'We the People' so that ordinary citizens can participate in the collective defense of their community and their state. But it does so not through directly protecting a right on the part of states or other collectivities, assertable by them against the federal government, to arm the populace as they see fit. Rather the amendment achieves its central purpose by assuring that the federal government may not disarm individual citizens without some unusually strong justification consistent with the authority of the states to organize their own militias. That assurance in turn is provided through recognizing a right (admittedly of uncertain scope) on the part of individuals to possess and use firearms in the defense of themselves and their homes -- not a right to hunt for game, quite clearly, and certainly not a right to employ firearms to commit aggressive acts against other persons -- a right that directly limits action by Congress or by the Executive Branch and may well, in addition, be among the privileges or immunities of United States citizens protected by §1 of the Fourteenth Amendment against state or local government action.
It makes me feel good every time I read it - especially the part about the Fourteenth Amendment.
Several other leading liberal constitutional scholars, notably Akhil Reed Amar at Yale and Sanford Levinson at the University of Texas, are in broad agreement favoring an individual rights interpretation. Their work has in a remarkably short time upended the conventional understanding of the Second Amendment, and it set the stage for the Parker decision.

The earlier consensus, the law professors said in interviews, reflected received wisdom and political preferences rather than a serious consideration of the amendment's text, history and place in the structure of the Constitution. "The standard liberal position," Professor Levinson said, "is that the Second Amendment is basically just read out of the Constitution."
It had to be, otherwise you couldn't selectively disarm different groups.
The Second Amendment says, "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed." (Some transcriptions of the amendment omit the last comma.)

If only as a matter of consistency, Professor Levinson continued, liberals who favor expansive interpretations of other amendments in the Bill of Rights, like those protecting free speech and the rights of criminal defendants, should also embrace a broad reading of the Second Amendment. And just as the First Amendment's protection of the right to free speech is not absolute, the professors say, the Second Amendment's protection of the right to keep and bear arms may be limited by the government, though only for good reason.
Time for another of my favorite quotes, or part of one, this time from 9th Circuit Court Judge Alex Kozinski from his dissent to the decision to deny an en banc rehearing of California's Silveira v. Lockyer "Assault Weapons Ban" case:
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.
Amen.
The individual rights view is far from universally accepted. "The overwhelming weight of scholarly opinion supports the near-unanimous view of the federal courts that the constitutional right to be armed is linked to an organized militia," said Dennis A. Henigan, director of the legal action project of the Brady Center to Prevent Gun Violence. "The exceptions attract attention precisely because they are so rare and unexpected."

Scholars who agree with gun opponents and support the collective rights view say the professors on the other side may have been motivated more by a desire to be provocative than by simple intellectual honesty.
So say the intellectually dishonest...
"Contrarian positions get play," Carl T. Bogus, a law professor at Roger Williams University, wrote in a 2000 study of Second Amendment scholarship. "Liberal professors supporting gun control draw yawns."

If the full United States Court of Appeals for the District of Columbia Circuit does not step in and reverse the 2-to-1 panel decision striking down a law that forbids residents to keep handguns in their homes, the question of the meaning of the Second Amendment is almost certainly headed to the Supreme Court. The answer there is far from certain.

That too is a change. In 1992, Warren E. Burger, a former chief justice of the United States appointed by President Richard M. Nixon, expressed the prevailing view.

"The Second Amendment doesn't guarantee the right to have firearms at all," Mr. Burger said in a speech. In a 1991 interview, Mr. Burger called the individual rights view "one of the greatest pieces of fraud — I repeat the word "fraud" — on the American public by special interest groups that I have ever seen in my lifetime."

Even as he spoke, though, the ground was shifting underneath him.
Here's one of the things I find really irritating. Yes, Burger said what is attributed to him here, but no one seems to be willing to give any context or background on his comments. The interview referred to was for Parade magazine - the tabloid included in most Sunday newspapers. Here's what else he said in an essay in that magazine:
Americans also have a right to defend their homes, and we need not challenge that. Nor does anyone seriously question that the Constitution protects the right of hunters to own and keep sporting guns for hunting game any more than anyone would challenge the right to own and keep fishing rods and other equipment for fishing -- or to own automobiles.
Where, I must ask, does the Constitution say anything about defending ones home or hunting? And what makes Justice Burger the exclusive authority? He was one of nine Justices on the bench. If Samuel Alito John Roberts were to say in an interview that the Second Amendment definitely protects an individual right, does the fact that he holds the Chief Justice's chair give him some power that the other Justices lack? Granted, Burger made his speech and gave his interview after he retired, but thankfully he never "constitutionalized his personal preferences" on this topic while he sat on the bench.
In 1989, in what most authorities say was the beginning of the modern era of mainstream Second Amendment scholarship, Professor Levinson published an article in The Yale Law Journal called "The Embarrassing Second Amendment."

"The Levinson piece was very much a turning point," said Mr. Henigan of the Brady Center. "He was a well-respected scholar, and he was associated with a liberal point of view politically."

In an interview, Professor Levinson described himself as "an A.C.L.U.-type who has not ever even thought of owning a gun."
And that piece is available all over the web. I highly recommend that you read it if you have not. It's a very rare exhibit of intellectual honesty in print.
Robert A. Levy, a senior fellow at the Cato Institute, a libertarian group that supports gun rights, and a lawyer for the plaintiffs in the Parker case, said four factors accounted for the success of the suit. The first, Mr. Levy said, was "the shift in scholarship toward an individual rights view, particularly from liberals."

He also cited empirical research questioning whether gun control laws cut down on crime; a 2001 decision from the federal appeals court in New Orleans that embraced the individual rights view even as it allowed a gun prosecution to go forward; and the Bush administration's reversal of a longstanding Justice Department position under administrations of both political parties favoring the collective rights view.

Filing suit in the District of Columbia was a conscious decision, too, Mr. Levy said. The gun law there is one of the most restrictive in the nation, and questions about the applicability of the Second Amendment to state laws were avoided because the district is governed by federal law.

"We wanted to proceed very much like the N.A.A.C.P.," Mr. Levy said, referring to that group's methodical litigation strategy intended to do away with segregated schools.

Professor Bogus, a supporter of the collective rights view, said the Parker decision represented a milestone in that strategy. "This is the story of an enormously successful and dogged campaign to change the conventional view of the right to bear arms," he said.
Correction: "conventional view" among members of the government - not the citizenry.
The text of the amendment is not a model of clarity, and arguments over its meaning tend to be concerned with whether the first part of the sentence limits the second. The history of its drafting and contemporary meaning provide support for both sides as well.

The Supreme Court has not decided a Second Amendment case since 1939. That ruling was, as Judge Stephen Reinhardt, a liberal judge on the federal appeals court in San Francisco acknowledged in 2002, "somewhat cryptic," again allowing both sides to argue that Supreme Court precedent aided their interpretation of the amendment.

Still, nine federal appeals courts around the nation have adopted the collective rights view, opposing the notion that the amendment protects individual gun rights. The only exceptions are the Fifth Circuit, in New Orleans, and the District of Columbia Circuit. The Second Circuit, in New York, has not addressed the question.

Linda Singer, the District of Columbia's attorney general, said the debate over the meaning of the amendment was not only an academic one.

"It's truly a life-or-death question for us," she said. "It's not theoretical. We all remember very well when D.C. had the highest murder rate in the country, and we won't go back there."
What?!?! D.C. had the highest murder rate in the country with the ban in place! It traded off with Chicago several times. There's no reason to assume that it can't "win" that dubious position once again.

Here's a bet I'm more than willing to make: End the ban. Allow residents of D.C. to possess firearms for their own defense again. At worst, criminal homicide in D.C. will remain unchanged. The rate will not go up.
The decision in Parker has been stayed while the full appeals court decides whether to rehear the case.

Should the case reach the Supreme Court, Professor Tribe said, "there's a really quite decent chance that it will be affirmed."
I certainly hope so. But if the D.C. Circuit court overturns, I fully expect SCOTUS to deny cert. and dodge the question for another few years.

Friday, May 04, 2007

"...self-immolating neolithic goatherds...."

I swear, one of these days I'm going to take some vacation just so I can go through Tam's archives and glean it for her outstanding quotable lines, which I'm then going to publish as a post of my own. One of today's posts is a perfect example, Dear God, I actually miss the commies.... The thing is, the whole post is quotable, not just a pithy line or two. Excerpt:
(The Soviets have) been replaced by our new foes, as depressing a lot as one could imagine: self-immolating neolithic goatherds drunk on a theology that makes the most ignorant snake handler in the backwaters of the Ozarks look like a regular Thomas Aquinas by comparison.
Hie thee hence.

Thursday, May 03, 2007

Yaaaay! Rachel Lucas Will Be Posting Again!.

Amazingly, Bill Whittle has posted twice since his last essay, and in the most recent he informs us that:
I'll close this small update with a little tease: We need all the help we can get. To this end, I have called upon Miss Rachel Lucas -- a voice of clarity and humor long and deeply missed around here -- to be the first of many guest writers here, and she agreed.
For those of you unfamiliar, Rachel is the blogger who first got Bill to blog, and she has a dry, wicked wit all her own. She has been sorely missed.

In the post immediately previous to that one, I think Bill might have been referring to me:
Just after the "publication" of SEEING THE UNSEEN, Part 2, I saw a comment somewhere that mentioned I was back and that we could all expect Part 3 sometime in December.

It's funny because it's true.
Heh. ;-)

Wednesday, May 02, 2007

A Post Repeat.

Read this AJC story about the murder of Kathryn Johnston by three of Atlanta's finest. Read it carefully.

Then read my October, 2003 piece It is Not the Business of Government. Pay careful attention to the quotes that it begins with.

Nothing's changed, and nobody's learned a thing.