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

Thursday, November 10, 2005

Speaking of Random Stop-and-Search...

Since I did just a few minutes ago in the post below, Bruce of mAss Backwards informs us that the Mayor of Boston is promoting the idea for his state. Instead of stopping vehicles near high-value terrorist targets, however, Mayor Menino wants random stop-and-search of vehicles crossing into the state to try to reduce the influx of handguns used in crimes.

As Bruce puts it,
Translation: I have no plan clue.
As one commenter quipped:
“The first random searches produced NO HANDGUNS” said a spokesman of the newly formed Securing Mass borders taskforce, “however we did find 4 cartons of Marlboros and a 6-pack of coke in no return bottles coming in from NH.”
In conjuction with Bruce's post, my previous post, and my post on the unfortunate cheerleaders below that one, I'd like to reiterate Ayn Rand's perhaps most famous quote of all:
There is no way to rule innocent men. The only power any government has is to crack down on criminals. 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 the law. Create a nation of lawbreakers and then you can cash in on the guilt. Now that’s the system!

I'm on "Vacation"


Which means that for the next couple of weeks I'll be ripping out my kitchen and painting the inside of my entire house.

Oh. Joy.

There is good news out there, though. He-who-shall-not-be-named reports that Brit Nicky Samengo-Turner, who was arrested on after a random stop-and-search for having a Swiss-army knife and a collapsable baton locked in his briefcase in his car, has been acquitted on the charges of carrying A) a lockback knife and B) an "offensive weapon" in public. He was arrested on Nov. 3 of last year, and it caused some stir in the blogosphere at the time, though I don't think I wrote about it here. I'm still looking (in vain) for a news piece on the story (somehow I doubt the medja in Old Blighty will find that story particularly compelling), but I'm glad to know that Mr. Samengo-Turner won't be serving any time for his "offence." Just paying through the nose for legal fees. All I've found is this little blurb in the Telegraph's "Business Diary":
Guilty of not paying attention to handbags

Common sense has prevailed after former banker Nicky Samengo-Turner was cleared of wrong-doing by a jury yesterday. He had been arrested last November under anti-terror legislation for having a pen-knife in his car. During a break from the procedings, his wife’s handbag was snatched in a coffee shop 100 yards from the court. He claims the police have yet to take "much of an interest" in the incident.
Here in Tucson I carry a wickedly sharp Spyderco lockback knife in my pocket, a Leatherman Wave multi-tool on my belt (which has two locking blades, each over 3" long), and a 9mm Makarov in the glovebox of my truck. None of these are "offensive" weapons. But in England they'd each get me thrown in the slammer.

Remember: "Violent and predatory" vs. "Violent but protective."

In England, all they see is "violent."

Except, perhaps, for Mr. Samengo-Turner's jury. Good on 'ya, mates.

Wednesday, November 09, 2005

The 164th Edition of the Carnival of the Vanities is Up.

How old does that make it in Internet years?

Anyway, Part-Time Pundit, aka John Bambenek is this week's host. Do drop by and partake of the best we think we have to offer.

Tuesday, November 08, 2005

Far be it from Me to Sully this Site with Cheap Exploitive Postings Involving Hot Cheerleader Lesbian Sex...


...but Ravenwood (and hundreds, if not thousands of others) points to this story of two (female) Carolina Panthers cheerleaders who tried to have drunken sex in a bathroom stall at a bar, but were interrupted by other angry bar patrons who had, shall we say, a different need for the space.

Yahoo reports:
Renee Thomas, 20, of Pittsboro, N.C., and Angela Keathley, 26, of Belmont, N.C., were taken to Hillsborough County Jail early Sunday.
Witnesses said the women were having sex in a stall with each other, angering patrons waiting in line to get into the restroom at the club in the Channelside district.
Thomas was charged with battery Sunday after allegedly striking a bar patron when she was leaving the restroom, then landed in even more trouble after police said she gave officers a driver's license belonging to another Panthers cheerleader who was not in Tampa.
Why am I degrading this fine site with lewd, lecherous, salacious, prurient, titillating sleaze like this? Because of this part of the piece:
Thomas, who made the trip to Florida for Sunday's game between the Panthers and Tampa Bay Buccaneers, was released from jail on $500 bail before police learned she was not the person she claimed to be.

Providing police with a false name is a misdemeanor. However, Thomas was charged Monday with giving a false name and causing harm to another — a third-degree felony punishable by probation or a jail term of 1 to 5 years, said police spokeswoman Laura McElroy.
If convicted, regardless of the actual sentence, her right to arms will be - by due process of law - negated under 18 USC section 922(g)(1):
It shall be unlawful for any person -

(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

(2) who is a fugitive from justice;

(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));

(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;

(5) who, being an alien -
(A) is illegally or unlawfully in the United States; or

(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));
(6) who has been discharged from the Armed Forces under dishonorable conditions;

(7) who, having been a citizen of the United States, has renounced his citizenship;

(8) who is subject to a court order that - (And this is the one that got Dr. Emerson)
(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;

(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and

(C)
(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or

(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
(9) who has been convicted in any court of a misdemeanor crime of domestic violence,

to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
And, since Congress has specifically refused to fund the BATF's function of reviewing and restoring the right to arms - and as upheld under the unanimous Supreme Court decision U.S. v. Thomas Lamar Bean, Ms. Thomas, who is now twenty years old, will be SOL if she ever wants to legally exercise her right to arms. The BATF can't help her, and the courts won't help her.

All this for using a false ID.

How many other dinky-ass laws can you think of that are "punishable by imprisonment for a term exceeding one year"? And note the wording - not just felonies, either. ANY crime.

Maryland Attorney General Joseph Curran, author of the gun-ban manifesto "A Farewell to Arms," has already used this statute to confiscate guns from people who haven't gotten so much as a traffic ticket in over a decade.

There was a poll running around the gun blogs after the passage of the Protection of Lawful Commerce in Arms Act asking what we gunnies wanted to get passed next.

Revision of 18 USC section 922(g)(1) wasn't even on the list.

But it should have been at the top.

[Jayne Cobb]"I'll be in my bunk..."[/Jayne Cobb]

In the Mail:


Three more books with colons in the titles.

Eric Hoffer's True Believer: Thoughts on the Nature of Mass Movements

Eric Sevareid's Conversations with Eric Sevareid: Interviews with Notable Americans (It contains an extensive interview of Hoffer.)

David Hackett Fischer's Albion's Seed: Four British Folkways in America

I bought them all used through the ABEBooks.

I just finished James Webb's Born Fighting: How the Scots-Irish Shaped America, which I found very interesting, considering my ancestors come from the Appalachian mountains, and are most definitely Scots-Irish of the hillbilly type. Taken in conjuction with Walter Russell Mead's The Jacksonian Tradition, it's quite a bit to think about.

The Scots-Irish culture is a highly individualistic one, but one willing to follow a strong leader. It has a hatred of aristocracy, but a respect for accomplishment. It's also an embracing culture - adopt its ways, no matter your background - and you're an accepted member.

The same cannot be said of most cultures.

And we're still a plurality in this country. If you want to understand the portion of the populace that decides elections these days, I recommend you read Born Fighting. If you're of Scots-Irish descent, you'll find yourself nodding and agreeing. If you're not, you'll be shaking your head. But trust me on this: James Webb knows whereof he writes.

Monday, November 07, 2005

Oh My Sweet Bleedin' Jeebus...

Democratic Underground now has its own "Guns" forum.

When "Skinner" kicked me off the board, April 3, 2002, the closest thing they had was the "Gungeon" - the "Justice/Public Safety" forum. ("Gun control" being "public safety," you understand.)

But now they have their own forum for guns and gun-related posts...

It's (link left cold on purpose):

http://www.democraticunderground.com/discuss/duboard.php?az=show_topics&forum=118

And the forum is pages deep!

Alas, I can't bring myself to immerse in that cesspool a second time. Besides, I've got a blog to run now.

Thankfully.

Edited to add:

Perhaps this thread explains why that forum now exists:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=118x115639

A Far More Positive Outlook...

Pixy Misa of Ambient Irony fisks Peggy Noonan's A Separate Peace with great optimism, and some zingers, too. My favorite:
You say we don't understand Africa? We don't even understand Canada!
Canada? Beer. Snow. A determination to be recognised as Not America. And a nasty case of France.
Yup, that about covers Canada!

If You're Not Part of the Solution,.You're Part of the Precipitate

The 102nd Edition of the Best of Me Symphony is up, hosted this week by one of my favorite comedians, Steven Wright.

My favorite Wright joke:
I bought a new house. There's a light switch on the wall that doesn't do anything.

So I play with it.

On and off.

On and off.

On and off.




Last week I got a letter in the mail from a little old lady in Kansas.

It said, "Cut it out!"

Sunday, November 06, 2005

On Partaking of the Fruit of the Tree of Knowledge


I've been running this blog now for about two and a half years. I started it because I had something to say on the specific topic of gun control, and on the more general topic of individual rights. I've been posting on the web, in one form or another, since about 1995 - usenet, bulletin boards, blog comments, and finally my own blog - but I've read far more than I've ever written, both online and in dead-tree format. My wife says that the computer is my mistress, as I spend more time with it than with her. She has a point. And when I'm not in front of the screen I've usually got my face stuck in a book. It's a wonder she puts up with me.

But I don't do this because it's an enjoyable pastime (though sometimes it's very enjoyable). It's a lot of work, and much of it isn't all that pleasant. I started writing on the web because I was driven to. I could sense that something wasn't right, and I felt that I had to do whatever I could to determine what that something was, and try to correct it. I'm more interested in fact than in feeling. I'm more pragmatic than idealistic, though I hold my few ideals dear. I'm bright, but not brilliant. I'm not an original thinker, but I'm good at collecting, sifting, and collating information. I'm not inspirational, but I'm a good, technical writer. I understand my skill set and my limitations, which is apparently more than many college professors and most journalists manage, but I sometimes wonder if I shouldn't have chosen one of those professions rather than engineering. (My job cuts drastically into my reading and writing time, you see.) But then, I'm not PC enough for either job, really, and the money's better in engineering.

Anyway, I'm writing this exposition because all this reading and thinking has been leading somewhere, and the following essay, I hope, will help explain it to both you, the reader, and me.

The way I write essays varies. Sometimes I'll have a specific point to make, and I'll collect the links and quotes as I write. Is the Government Responsible for Your Protection? is a good example, or Why Ballistic Fingerprinting Doesn't (and Won't) Work. Those pieces are time consuming, but otherwise pretty easy. Sometimes I do a stream-of-consciousness piece, and am surprised by just where I end up. On Guillotines and Gibbets was one of those. I had the title in my head, but just sat down and hammered the piece out. (I'm quite pleased with it, too.) This piece is one. Usually, though, I collect snippets over a considerable period of time; a link to an op-ed or a news story, commentary on it by bloggers or their readers, pieces from books I'm reading or have already read. I'll Google the topic and research it in more depth. I'll re-read some of my older stuff that may be tangentially associated with it, and I'll read the comments to those pieces again, following the links to other pieces at other blogs. Then I collect it all in one place and try to make a coherent whole out of it.

The longer I do this, the more information I have to sift through. It's like building a jigsaw puzzle, but collecting the pieces in little lots. Here's a batch that assembles to make a picture, but it's only a small part of the whole, and there are leftovers. Here's another batch that makes another part of the picture, and you know they're associated, but the intervening pieces are missing.

I said in Fight Evil. Speak Up. that I write because:
I'm one of those who chooses to be concerned. I'm one of the tiny, but not silent voices in this culture who is willing to stand up and say "I don't agree," and why. I recognize the clash between our sense of life and our culture, and I'm willing to try to help expose it and reconcile it in those who are putting us in such danger because of it, and I hope that in some small way my efforts will result in individual conscious convictions - and eventually a culture - that I am happy and proud to call American again.
And that's true, it is one of the reasons I write. Another is to help me form and understand my own beliefs - to actually consider what it is I believe, and why. That's why I like discussing things with people who don't agree with me - it forces me to consider other perspectives that I might not otherwise. In fact, I started blogging for precisely this reason, with the debate with Jack at The Commentary that produced The Blog that Ate Poughkeepsie, and I've tried to continue it with my debate with Alex on gun control, my debate with Dr. Cline on the topic of rights, or my long commentary discussions with Sarah on the topic of religion.

I do this for me, to help me understand.

But sometimes I'm envious of the ignorant. That tree of knowledge parable is a bitch.

Tough History Coming

I believe that religion, generally speaking, has been a curse to mankind - that its modest and greatly overestimated services on the ethical side have been more than overcome by the damage it has done to clear and honest thinking.

I believe that no discovery of fact, however trivial, can be wholly useless to the race, and that no trumpeting of falsehood, however virtuous in intent, can be anything but vicious.

I believe that all government is evil, in that all government must necessarily make war upon liberty...

I believe that the evidence for immortality is no better than the evidence of witches, and deserves no more respect.

I believe in the complete freedom of thought and speech...

I believe in the capacity of man to conquer his world, and to find out what it is made of, and how it is run.

I believe in the reality of progress.

I - But the whole thing, after all, may be put very simply. I believe that it is better to tell the truth than to lie. I believe that it is better to be free than to be a slave. And I believe that it is better to know than be ignorant.

Henry Louis Mencken
I really like Mr. Mencken, but choosing to know is a lot of work, and generally unpleasant work at that.

Surely if you read this blog, you've come across others that have mentioned Peggy Noonan's recent Wall Street Journal op-ed, A Separate Peace. It generated a lot of commentary, but none here. I didn't discuss it. But I will now.

Ms. Noonan writes:
I think there is an unspoken subtext in our national political culture right now. In fact I think it's a subtext to our society. I think that a lot of people are carrying around in their heads, unarticulated and even in some cases unnoticed, a sense that the wheels are coming off the trolley and the trolley off the tracks. That in some deep and fundamental way things have broken down and can't be fixed, or won't be fixed any time soon. That our pollsters are preoccupied with "right track" and "wrong track" but missing the number of people who think the answer to "How are things going in America?" is "Off the tracks and hurtling forward, toward an unknown destination."
That's been a theme here at TSM for quite a while. It's what I've been, in my own small way, trying to fight. Nor am I alone. In An Important Question from April 2004 I quoted Francis W. Porretto's commentary on the Supreme Court upholding the McCain-Feingold Campaign Finance Reform Act:
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.
And I quoted the Rev. Donald Sensing from a post at his site written the same day as Francis':
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.
If that's not "trolley off the tracks" language, I don't know what is. Ms. Noonan continues:
I mean I believe there's a general and amorphous sense that things are broken and tough history is coming.
I think she's right. I'm surprised it took her this long to reach that conclusion.
A few weeks ago I was chatting with friends about the sheer number of things parents now buy for teenage girls--bags and earrings and shoes. When I was young we didn't wear earrings, but if we had, everyone would have had a pair or two. I know a 12-year-old with dozens of pairs. They're thrown all over her desk and bureau. She's not rich, and they're inexpensive, but her parents buy her more when she wants them. Someone said, "It's affluence," and someone else nodded, but I said, "Yeah, but it's also the fear parents have that we're at the end of something, and they want their kids to have good memories. They're buying them good memories, in this case the joy a kid feels right down to her stomach when the earrings are taken out of the case."
Fred Everett at Protein Wisdom commented:
Noonan has a real gift for florid melancholy and I for one don't need my natural instinct (especially during the fall) for melancholy encouraged.

Besides, every generation, feels like the “wheels are coming off” in some sense.
Billy Beck at Two-Four replied:
Yup. But you know what?

Every now and then, they're right about it.
Noonan has another example, too:
A few weeks ago I was reading Christopher Lawford's lovely, candid and affectionate remembrance of growing up in a particular time and place with a particular family, the Kennedys, circa roughly 1950-2000. It's called "Symptoms of Withdrawal." At the end he quotes his Uncle Teddy. Christopher, Ted Kennedy and a few family members had gathered one night and were having a drink in Mr. Lawford's mother's apartment in Manhattan. Teddy was expansive. If he hadn't gone into politics he would have been an opera singer, he told them, and visited small Italian villages and had pasta every day for lunch. "Singing at la Scala in front of three thousand people throwing flowers at you. Then going out for dinner and having more pasta." Everyone was laughing. Then, writes Mr. Lawford, Teddy "took a long, slow gulp of his vodka and tonic, thought for a moment, and changed tack. 'I'm glad I'm not going to be around when you guys are my age.' I asked him why, and he said, 'Because when you guys are my age, the whole thing is going to fall apart.' "

Mr. Lawford continued, "The statement hung there, suspended in the realm of 'maybe we shouldn't go there.' Nobody wanted to touch it. After a few moments of heavy silence, my uncle moved on."

Lawford thought his uncle might be referring to their family--that it might "fall apart." But reading, one gets the strong impression Teddy Kennedy was not talking about his family but about . . . the whole ball of wax, the impossible nature of everything, the realities so daunting it seems the very system is off the tracks.

And--forgive me--I thought: If even Teddy knows...
Yes, if even Teddy knows.
Director Billy Wilder once said:
An audience is never wrong. An individual member of it may be an imbecile, but a thousand imbeciles together in the dark -- that is critical genius.
And it really doesn't matter whether what they're criticizing is a play, a film, a book, or their own society.

The part of her op-ed that has drawn the most flak has been this:
Our elites, our educated and successful professionals, are the ones who are supposed to dig us out and lead us. I refer specifically to the elites of journalism and politics, the elites of the Hill and at Foggy Bottom and the agencies, the elites of our state capitals, the rich and accomplished and successful of Washington, and elsewhere. I have a nagging sense, and think I have accurately observed, that many of these people have made a separate peace. That they're living their lives and taking their pleasures and pursuing their agendas; that they're going forward each day with the knowledge, which they hold more securely and with greater reason than nonelites, that the wheels are off the trolley and the trolley's off the tracks, and with a conviction, a certainty, that there is nothing they can do about it.

I suspect that history, including great historical novelists of the future, will look back and see that many of our elites simply decided to enjoy their lives while they waited for the next chapter of trouble. And that they consciously, or unconsciously, took grim comfort in this thought: I got mine. Which is what the separate peace comes down to, "I got mine, you get yours."
Glenn Reynolds responds:
Certainly the extensive depression that Noonan attributes to coastal elites doesn't seem to show much in my circles. Nor in the circles of blogger Phil Bowermaster, who writes: "What is so all-fired important about the disposition of journalists and politicians?"

Bowermaster notes that the whole coastal-elites-and-media establishment is not just going to fall apart -- it has to a substantial degree already done so. But while this is bad news for the Dan Rathers of the world (and perhaps for the dateless columnists at some big metropolitan dailies) it's not so clear that it's bad news for the rest of us. In fact, I suspect that the elites' discontent comes in no small part from the fact that ordinary people are becoming more powerful all the time, making the elites just a bit less elite with each passing year.
Or the blogger whose name cannot be mentioned who said:
So what can we do to stave off this social and political collapse?

Nothing.

Our power elites are too protected, the various components thereof are too preoccupied with furthering their (conflicting) partisan philosophies, and all we have left is the Constitution, which somehow still stands despite such inroads as the Kelo decision, the Patriot Act and Chicago’s gun prohibition laws.

What our “elites” seem to have forgotten is that when they have argued themselves into impasse, and the social order and infrastructure have collapsed, it will be left to We The People to fix it, with our beloved Constitution to guide us. Let’s just hope that after all these years of having government do our work for us, that we remember how to.

Remember, folks, the Constitution is not what government and lawyers say it is: the Constitution is what we say it is.

And if the "wheels come off the trolley", or the trolley goes off a collapsed bridge, We The People will survive. Whether our "elites" will survive such catastrophe depends on how they address the looming crisis in the next few months and years.
But I think Mr. Reynolds et al. are missing the point. Robert Mandel at Mandelinople writes in his post It's Called the Roman Empire:
I have felt this way for a long time.

Last month I wrote of New Orleans:
We are either going to rise as a nation, like the Phoenix, or sink into the abyss. Either we are going to restore the America of old, the values, traditions, and beliefs, or we are going to find ourselves the Roman Empire.

When people say of the chaos, "That's not America", they are right. That's not America. Yet it is in America. That's the problem.

A festering ideology has metasticized, revealing a lingering malignancy. We are truly infected with a disease of malaise and dependency. This has nothing to do with racism, the civil war, Jim Crow, or any of the other futile attempts at amelioration. No, this has everything to do with a set of policies that for forty years has stolen the soul and spirit of people, destroyed their will and their drive. It is a policy which says "we'll take care of you, because you can't take care of yourself." And we see the results.
This past January, I observed:
The end of the Roman empire, and thus the end of antiquity, is traditionally marked in text books from the sack of Rome in 476 by Oadacer. Certainly one needn't stop there, as the sack in 406 by Alaric, the defeat of Valens at Adrianople, or even the moving of the capital to Constatinople all could mark the end. Yet, one could very well mark the end of the Roman empire from the time the first Romans began to leave the cities and head to the hills, so to speak....
There is great angst felt by so many Americans. What troubles us twofold: that so many simply don't care enough about the country and that so many don't care that so many don't care.
Then I ran across a post at Silent Running by Tom Paine, Confidence that connects to that Roman theme tellingly:
"It is lack of confidence, more than anything else, that kills a civilisation. We can destroy ourselves by cynicism and disillusion, just as effectively as by bombs."
- Lord Kenneth Clark

I apologise for the Bill Whittle style title, and I promise this post won't be nearly as long as any of his much weightier tomes, but I believe I may have something to say beyond the standard pointing at our political opposition and laughing. Right and good and pleasant though that is.

I'm in the middle of watching the BBC documentary series “Civilisation: A Personal View” by Lord Clark. He made a point in the first show so devastatingly true that it struck me with almost physical force.

He was doing a piece to camera, while standing in front of, and underneath, a Roman aqueduct, and talking about what makes up a civilisation. Now Lord Clark was raised in the British academic tradition, and would have been constitutionally incapable of beginning any work without first defining his terms, and so this was in a sense his coda for the whole series.

He said that one of the most important features of a civilisation, if not the most, was confidence. Confidence that it would still be around next year, that it was worthwhile planting crops now, so they could be harvested next season. Confidence that soldiers wouldn't suddenly appear on the horizon and destroy your farm. Confidence that an apple seed planted in your backyard will provide fruit for your grandchildren. That if you paint a fresco, the wall its on will still be standing in a century. That if you write a book, the language you use will still be understood half a millennia in the future. And that if you hauled stone for the great cathedral which had been building since before your father was born, and which your baby son might live to see completed if, the good Lord willing, he lived to be an old man; your efforts would be valued by subsequent generations stretching forward toward some unimaginably distant futurity.

And above all, the self-confidence that you are part of something grander than yourself, something with roots in the past, and a glorious future of achievement ahead of it. When the Romans lost that self confidence, when they began doubting their own purpose, they began to die.

When the Rhine opposite Cologne froze on the last dying day of the year 406CE and the motley horde of Suevi, Alans, and Vandals charged across the Imperial border into the privince of Gaul, that was the beginning of the end merely in the physical sense. They were simply taking an axe to an already rotten tree.

And that is precisely what Osama Bin Laden believes he is doing to Western Civilisation right now. Those planes being rammed into the Twin Towers and the Pentagon were to instill in us the same fear felt by the centurion in charge of a pitifully small garrison in a lonely fortificationas he looked out across the ice at the thousands of savages who were about to overrun both him and his entire world. Osama, and the Islamist movement he represents, have calculated that we are the modern Rome, and that we are bored, decadent, and have no faith in ourselves.
And that's just the intro.

We're on the cusp of what futurian Ray Kurzweil calls "The Singularity," the point at which, he predicts, technology accelerates into an incredible new future. He says it will happen around 2040. But we have to get there first. Dave Justus at Justus for All writes in his commentary on Ms. Noonan's piece:
It is obvious that our society and our technological capabilities are both evolving at an incredibly fast rate. The future has perhaps never been more uncertain and it is becoming increasing difficult to predict what society will be like. It is obvious that this future has its perils, and there will doubtless be perils that we cannot even imagine in the not too distant future.

Peggy seems to understand the scope of this change, but not the fundamental nature of it.

What we are experiencing I think is a dramatic empowerment of the individual, and a corresponding decline in the ability of the 'elites' to control events. Glenn Reynolds writes on this phenomenom frequently (it is the focus of his new book) and blogging is one aspect of it. We can easily imagine that liklihoods of the not too distant future, molecular manufacturing, biological redesign, and human-machine integration will accellerate that trend to an amazing degree. Indeed, that is the subject of another book that is making waves, The Singularity Is Near.

The wheels are coming off, we are leaving the tracks. I submit though that this is because we are taking flight, not because we are crashing.
Perhaps, but I keep seeing the playback of all of those initial attempts at powered flight, and at best expect some real short flights and bumpy damned landings. I wonder which is going to happen first, the tremendous expansion of the power available to ordinary individuals, or the collapse of the infrastructure that will permit it?

Civilization is a fragile thing, really. It's not so much masonry and steel as it is an idea, and as Tom Paine put it so eloquently, a lack of confidence in the idea of ones society may mean its death-knell. Moreover, technology that has increased the power of the individual has also meant that the destructive power of individuals is also increased. Ask the French, who are having a helluva time controlling rampaging Muslim youth who are called to act by internet postings and organize via cell phone networks, striking in small groups and escaping before the authorities can respond.

Philosopher Arthur Koestler 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.
I think everyone acknowledges that we're at or nearing such a critical turning point, and I think Koestler is right. Moreover, the expansion of individual power is something that no government is happy with. The elites have struggled hard to achieve their positions, and are in no mood to yield even if it means the destruction of their society around them. They have theirs, and to keep it they are, so to speak, willing to fiddle while Rome burns. But when the fires start, the ones that don't care will suddenly care, and they will look to the elites, not to themselves, for their protection.

This too, has been a theme here. Jeffery Gardner in his April 27 Albuquerque Tribune piece, Save us from us wrote:
During the 1992 presidential debates, there was a moment of absurdity that so defied the laws of absurdity that even today when I recall it, I just shake my head.

It was during the town hall "debate" in Richmond, Va., between the first President Bush and contenders Bill Clinton and Ross Perot.

A grown man - a baby boomer - took the microphone from the moderator, Carol Simpson of ABC News, and said, in a fashion: You're the president, so you're like our father, and we're your children.

See? My head's shaking already. Where did that come from? Would a grown man have told a president something like that 100 years ago - or 50?

We've got our wires crossed, and our ability to accept responsibility for our lives - once so ingrained in our American nature that President Kennedy felt comfortable telling us to "ask not what your country can do for you" - has been short-circuited. We've slouched en masse into an almost-childlike outlook: You're the president, so you're like our father.

The fact that an adult - on national television, no less - would say this and later be interviewed as though he'd spoken some profound truth struck me then, as now, as more than a little absurd. It was alarming.
No more alarming than the quote from the Autum, 2004 City Journal piece, The Myth of the Working Poor by Steve Malanga:
A welfare mother, screaming at New York mayor John Lindsay (responsible for much of the city's rise in welfare cases), expressed the (welfare) system's new philosophy: "It's my job to have kids, Mr. Mayor, and your job to take care of them." It was a philosophy that bred an urban underclass of non-working single mothers and fatherless children, condemned to intergenerational poverty, despite the trillions spent to help them.
Our elites have spent decades and billions to produce a significant portion of the population that is dependent on no one but them, and Peggy Noonan is, I think, quite right that many of them have abandoned the field. Add to that the fact that we are in what Wretchard at The Belmont Club calls The Long War, and quotes Newt Gingrich's House Testimony before the Subcommittee on Intelligence:
The Long War is 90% intellectual, communications, political, economic, diplomacy, and intelligence focused. It is at most 10% military. We have not yet developed the doctrine or structure capable of thinking through and implementing a Long War (30 to 70 years if we are lucky) on a societal scale. This challenge is compounded because it is fundamentally different from waging the Cold War against the Soviet Union. The Cold War was essentially a grand siege in which a defensive alliance could contain the Soviet Union until it collapsed.
Wretchard comments himself:
The world may be reverting to the pre-European era, and Gingrich's Long War may really be the Long War for the survival of the West. Not its return to dominance, but simply its right to continued existence; to the chance of rediscovering its identity.

--

Islam has always been militant and the West only recently supine. In fairness, Islam's only fault may be that it retained a belief in itself long after the West embraced self-disgust. It may be that Gingrich's Long War is less about fighting Muslims than about the West rediscovering itself. While it's apparent battlefields may be in the mountains, jungles and desert fastnesses, the only frontier that matters is in its own heart.
In our confidence in ourselves, and our societies. In an earlier post, The Terrible Slow Sword, Wretchard comments on what others see as America's new Civil War, the one between our Left and Right factions that divides us, as Ms. Noonan noted, about 50/50:
Probably the most interesting angle on the Valerie Plame affair is from Syrian blogger Amaraji who manages to link it to world and Middle Eastern events. He characterizes the deteriorating situation in Syria as one example of emergent problems that have started and will fester because of what he calls the new American Civil War.

--

It might even be possible to argue that what Amaraji calls the 'New American Civil War', instead of driving events in Syria and Lebanon, is itself being driven by the structural shifts of the new century. It would go a long way toward explaining why the political structures of the late 1990s have been so deranged by September 11. The United Nations, transAtlantic diplomacy, the doctrine of deterrence which underpinned Cold War strategy, the entire multicultural and globalizing agenda -- all of it -- has been called into question not by a small cabal of neo-conservatives -- that would be ludicrous -- but by the pent-up force of thousands of events in a world now striding to the center stage of history.
Either way, Ms. Noonan's prediction of "tough history coming" seems darkly accurate.

About five days after Tom Paine posted Confidence (and long before I stumbled across it), I wrote True Believers on essentially the same topic. Interestingly enough, both of our pieces end with exactly the same question: "What do you believe?" I believe Ms. Noonan may be right, and there is tough history coming, and it's because of our New American Civil War. I believe Arthur Koestler is right, and that when we hit that "critical turning point" then "the ends justify the means" will be the order of the day. I believe that Rev. Sensing may be right, and that I may be "a member of the last generation in the history of the world that is minimally truly free" whether we do it to ourselves or discover that Osama was right about the rot at the heart of the tree of the West. "We the People" will still exist, but in what form remains a question to which we cannot see an answer. Indeed, the Constitution is what we say it is, but Arthur Koestler's aphorism has been proven time and time again, and we may find ourselves under one iron boot or another.

At least for the coming cycle of history.

As Billy Beck advised,
I'm off to bed.

Sweet dreams, kids.

Thursday, November 03, 2005

If the Third Time is Enemy Action, What's the Fourth?.

Greyhawk at The Mudville Gazette illustrates four incidents in which the New York Times has altered or falsified quotes in order to slant stories. His commenters note that those four are just the start.

I commented,
Once is chance. Twice is coincidence.

Three times is enemy action.

So what does four times mean?
The best response?
Kevin ~ treason would be the first thing that comes to mind...

Homefrontsix

I concur.

Wednesday, November 02, 2005

Just Like Communism, Gun Control Only Works if EVERYBODY Does It?


Mr. Free Market emailed me this one, and it bears a striking resemblance to the argument Canada is making about the U.S.
Chunnel security shambles

A SUN undercover reporter smuggled a pistol into Britain using the Channel Tunnel — just like Harvey Nichols killer Michael Pech.

Our man bought a Walther P-38 gun at a Czech market, then drove to Calais and on to the Chunnel’s shuttle train without being searched or quizzed.

Evil Pech, 30, used the same route to smuggle in a gun and murder shop girl Clare Bernal before killing himself.

GUN crime is soaring in Britain — with an armed offence committed EVERY HOUR.

The number of firearms incidents has doubled in England and Wales since 1997.

Cases of attempted murder with firearms have also doubled to over 1,200 annually — more than three every day.

In the year up to June, 11,160 gun crimes were recorded, up five per cent on 2004.

A study has revealed that one in ten teenage schoolboys in London had carried a real handgun, replica, or ballbearing gun in the last year. The list of victims falling prey to firearms is also growing.

They include schoolgirl Danielle Beccan, 14, who was murdered in a drive-by shooting as she returned from Goose Fair in Nottingham in October 2004. Two men were jailed this month.

And in another crime which shocked the nation, Toni-Ann Byfield, seven, was shot alongside her drug-dealer father Bertram Byfield, 41, at a flat in North West London two years ago.
An associated story:
Gun scandal

THE SUN today reveals the scandal of how simple it is for smugglers to bring deadly handguns into Britain.

At the weekend two of our journalists bought a deadly Walther pistol in a Czech market.

Then it was next stop London, with no checks made as they journeyed across Europe and through the Channel Tunnel.

It is believed thousands of firearms enter the country this way — fuelling the terrifying rise in gun crime on our streets.

Eastern Europe is awash with guns. They pour in from the former Soviet states and the Middle East.

Six weeks ago the Chunnel route was used by Slovakian Michael Pech before he shot ex-girlfriend Clare Bernal in a London store.

Shockingly, NOTHING has been done since then to tighten controls.

The possession of handguns was banned in Britain in 1997 following the Dunblane massacre.

Yet illegal ownership is believed to be higher than it has ever been, and the yearly toll of deaths and injuries from guns has DOUBLED.

If no effort is made to stop firearms at our borders that figure will continue to rise ... and shame us.
And all of this, after the government banned all modern handguns, and 57,000 people turned in their 162,000 legally owned, legally registered firearms.

"No effort" is being made? I find that highly doubtful. I mean, after all, I reported on the fully-automatic Uzi submachineguns being smuggled into England that were detected by customs officials. Thirty Uzis, twenty-nine silencers and 475 rounds of ammo. And a lot of frozen pizza.

It does make me wonder how many they've missed, though. And whether you can order a large pepperoni with a suppressed Uzi on the side.

Supply and demand. The first law of economics cannot be eliminated. And, although England is an island, they still cannot keep guns out. Yet Canada thinks the U.S. can stop the flow of firearms across that pourous border? We can't stop the flood of drugs and illegal aliens across the (much shorter) Southern border.
"Homicide rates tend to be related to firearm ownership levels. Everything else being equal, a reduction in the percentage of households owning firearms should occasion a drop in the homicide rate".

Evidence to the Cullen Inquiry 1996: Thomas Gabor, Professor of Criminology - University of Ottawa
According to this Home Office report the homicide rate for England & Wales over the last two decades is as follows:

1984 - 10.8/million population
1985 - 10.7
1986 - 11.2
1987 - 11.9
1988 - 10.9
1989 - 10.3
1990 - 10.9
1991 - 12.3
1992 - 11.4
1993 - 11.1
1994 - 12.4
1995 - 13.0
1996 - 11.4
1997 - 11.9 (all handguns banned)
1997/98 - 11.8 (They changed reporting methods here - wonder why?)
1998/99 - 12.6
1999/2000 - 13.1
2000/01 - 14.9
2001/02 - 15.5
2002/03 - 18.4
2003/04 - 15.8

Yes, the gun confiscation was tremendously successful, wasn't it?

Tuesday, November 01, 2005

Speaking of Kelo, Who Needs It?.

Apparently not New Hampshire:
'View Tax' Triggers Revolt in Rural N.H.

By KATHARINE WEBSTER
Associated Press Writer

ORFORD, N.H.


The one-room cabin David Bischoff built in a cow pasture three years ago has no electricity, no running water, no phone service and no driveway. What it does have is a wide-open view of nearby hills and distant mountains - which makes it seven times more valuable than if it had no view, according to the latest townwide property assessment. He expects his property taxes to shoot up accordingly.

Bischoff and other Orford residents bitterly call that a "view tax," and they are leading a revolt against it that has gained support in many rural towns in New Hampshire.

State officials say there is no such thing as a "view tax" - it is a "view factor," (a turd, by any other name... - Ed.) and it has always been a part of property assessments. The only change is that views have become so valuable in some towns that assessors are giving them a separate line on appraisal records.

The change has stirred passions in Orford, a town of 1,040 that overlooks the Connecticut River and has views of neighboring Vermont and the White Mountains.

One big reason the reassessment has alarmed townspeople in Orford and beyond is that housing prices - and consequently property taxes - are shooting up in New England because of an influx of vacation-home buyers and retirees willing to pay top dollar for beautiful views.

The Orford Board of Selectmen, of which Bischoff is chairman, voted in September to set aside the revaluation by Avitar Associates of New England until the Legislature comes up with objective standards for valuing views.

Critics complain, for example, that some town assessors assign fixed dollar values to certain types of views, while others multiply a home's base value by a "view factor."

Avitar president Gary Roberge acknowledged that assessing views is partly subjective and said that is why there is an appeals process. But he said Orford's revaluation was sound overall. "There's been a huge change in property values in this area," he said.

At a packed legislative hearing, Orford timberland owner Tom Thomson warned that unless the state acts, rising property taxes will force family farmers to sell to developers, permanently altering New Hampshire's rural character.

"We're going to drive the people off the land who have been living on it and working it for generations," Thomson said. "It's going to destroy our No. 1 industry: tourism."

Guy Petell, director of property appraisals for the state, is sympathetic. But real estate ads and sales prove that properties with views fetch a premium, and it would be unfair to homeowners without views to ignore that, Petell said.

"A piece of land on a side of a hill that overlooks a 50-mile or 100- mile radius is going to be worth more than the same piece of land overlooking an industrial complex or a landfill," he said.

In Bischoff's case, the view added $140,000 to his property's underlying value of $22,900. As a result, he expects his property taxes to jump from less than $500 last year to more than $3,000 this year.
Want their land? Tax them off of it! No need for eminent domain!

Sounds like New Hampshire is ripe for a Proposition 13 of its own.

Sounds like we all ought to be.

The Left is Still Trying to Strictly Redefine "Judicial Activism"


I noticed this with the Roberts confirmation hearings, but didn't say anything about it at the time. Once again the Left attempts to redefine words to mean what they want them to mean so as to confuse the issue. Case in point, Michael Bryan of Blog for Arizona, dean4az.blogspot.com, posts on the question of just what is "judicial activism":
Who's the activist? The only quantifiable measure of a judges 'activism' is how often s/he invalidates a law duly passed by Congress.
He then gives this table indicating how "activist" each sitting member on the Supreme Court is:
Thomas 65.63 %
Kennedy 64.06 %
Scalia 56.25 %
Rehnquist 46.88 %
O’Connor 46.77 %
Souter 42.19 %
Stevens 39.34 %
Ginsburg 39.06 %
Breyer 28.13 %
I left this comment:
That's funny. I thought part of the "checks and balances" function of the Judicial branch was to, you know, check the power of the Legislative branch? Not merely rubber-stamp its legislation. If Congress overreaches the powers delegated to it under the Constitution, the Courts are supposed to rein it in. This is to protect the rights of the minority against the power of majorities. As Justice Scalia (56.25%) has put it, "The only reason you need a constitution is because some things you don't want the majority to be able to change. That's my most important function as a judge in this system. I have to tell the majority to take a hike."

"Activism" on the court, on the other hand, is inventing law - finding things in laws already written that were never intended. As 9th Circuit Judge Alex Kozinski put it, "build(ing) magnificent legal edifices on elliptical constitutional phrases - or even the white spaces between lines of constitutional text." Creating law is a power reserved to the legislative branch by the Constitution.

The Courts aren't empowered, for example, to tell the Massachusetts legislature that they must pass "gay marriage" legislation (not "civil union"), and set a deadline to do so.

Not that that stopped the Massachusetts Supreme Court.

You see, the SCoMA decided that the MA Constitution meant that "gay marriage" was required under law, even though it had never meant that before. No Massachusetts legislature had ever written a law that said that. No plurality of Massachusetts voters had ever voted on any law like that, but four of seven Justices sitting on the bench decided for everyone in Massachusetts what the law really meant, although the people who wrote and ratified that Constitution would have (I can say with some confidence) disagreed with that finding.

That is "judicial activism" - a tiny minority telling everyone else what is and isn't right - with essentially no legal recourse but the amendment process. It renders constitutions worthless, because tiny black-robed minorities get to decide what the law means on a day-to-day basis, and can change that meaning at any time.

Sorry, Michael, but you've got it exactly backwards. "Invalidating laws passed by Congress" isn't "judicial activism," it's the job description for the Judicial Branch.

Based on that understanding, I'd say that Thomas is the most on-the-ball Justice sitting on the Supreme Court today.
The source for Michael's post was this New York Times piece, So, Who are the Activists? by Yale law professor Paul Gewirtz and recent Yale law graduate Chad Golder. That piece opens:
WHEN Democrats or Republicans seek to criticize judges or judicial nominees, they often resort to the same language. They say that the judge is "activist." But the word "activist" is rarely defined. Often it simply means that the judge makes decisions with which the critic disagrees.

In order to move beyond this labeling game, we've identified one reasonably objective and quantifiable measure of a judge's activism, and we've used it to assess the records of the justices on the current Supreme Court.

Here is the question we asked: How often has each justice voted to strike down a law passed by Congress?
Note that the authors have identified this question as one way to identify "judicial activism," but Michael has labled this test "The only quantifiable measure". The NYT piece notes, "Of course, calling Congressional legislation into question is not necessarily a bad thing. If a law is unconstitutional, the court has a responsibility to strike it down." But Michael characterizes "striking down laws passed by Congress" thus:
Generally, those who are touted as 'conservative' judges who 'strictly apply the law', do not such thing. They legislate from the bench by second-guessing Congress almost half the time, or more.
I would argue that the supposedly liberal members of SCOTUS - who are supposed to be protecting the rights of the individual against government tyranny (I believe that's part of the liberal creed, but not the Leftist one) - are falling down on the job. Badly. The NYT piece continues:
Since the Supreme Court assumed its current composition in 1994, by our count it has upheld or struck down 64 Congressional provisions. That legislation has concerned Social Security, church and state, and campaign finance, among many other issues. We examined the court's decisions in these cases and looked at how each justice voted, regardless of whether he or she concurred with the majority or dissented.
You'll note the piece takes no notice of what those cases were specifically, or who voted which way on them. No, the only measure is whether or not a Justice voted to "strike down" legislation.

Kelo v. New London (private property rights), voted to uphold: Kennedy, Souter, Ginsberg, Bryer, and Stevens. Voted to strike down: O'Connor, Scalia, Rehnquist and Thomas.

Raich v. Gonzales (medical marijuana), voted to uphold: Stevens, Kennedy, Souter, Ginsburg, Breyer. Voted to strike down: O'Connor, Rehnquist, and Thomas.

McConnell v. FEC (Campaign finance reform), voted to uphold: Stevens, O'Connor, Souter, Ginsburg and Breyer. Voted to strike down: Scalia, Kennedy, Rehnquist, and Thomas.

Note which side Rehnquist and Thomas are on in all three cases. Now tell me that "judicial activism" by this definition is a bad thing.

Ted Frank at Point of Law noted on the Kelo decision:
Justice Kennedy's concurrence creates a brand-new test: "There may be private transfers in which the risk of undetected impermissible favoritism of private parties is so acute that a presumption (rebuttable or otherwise) of invalidity is warranted under the Public Use Clause." This test is so amorphous to be effectively standardless, requiring case-by-case adjudication, thus effectively transforming the judicial branch into a super-legislature with the power to veto condemnations engaged in by the executive branch—after extensive litigation over whether the favoritism is "permissible" or "impermissible," of course. Like many other cases in the last decade, the Supreme Court's decision vests additional political power in itself.
Big surprise. That seems to be the natural condition for all forms of government. I submit that the "test" Professor Gewirtz and Mr. Golder have concocted is perfectly useless as an indicator of much, at least by itself.

Thomas Sowell has an excellent piece up on the topic, Judicial Activism Reconsidered. He begins:
Like many catchwords, "judicial activism" has acquired so many different meanings as to obscure more than it reveals. Yet it is not a term that can simply be ignored as intellectually "void for vagueness" for at the heart of it are concerns about the very meaning and survival of law. Abandonment of the term not being a viable option, clarification becomes imperative.

"Judicial activism" and "judicial restraint" raise logically obvious but often ignored questions: Activism toward what? Restraint toward what? Are judges deemed to be activist or restrained toward (1) the current popular majority, (2) the legislature representing the current popular majority, (3) the statutes passed by present or past legislatures, (4) the acts of current of past executive or administrative agencies, (5) the meaning of the words in the Constitution, (6) the principles or purposes of those who wrote the Constitution, or (7) the legal precedents established by previous judicial interpretations of the Constitution?
It would appear to me that there are at least seven objective and quantifiable tests identified right there, not just one. Read the whole piece. Professor Sowell is far better at this than I am.

UPDATE, 11/2: The comments over at Michael's original post are kind of amusing.

Monday, October 31, 2005

Wait a Minute... Nobody Told ME that Jointogether.org had Left the Field!

I just popped over to Jointogether.org to see what they had to say about Sam Alito's nomination, and found this:
THIS IS AN ARCHIVE WEBSITE

This site was last updated May 27, 2005. Although Join Together's gun violence project has ended, we encourage those interested in the issue to visit the action center and national directory to locate national, state and local organizations working on this important issue. Former subscribers to Join Together's email news service on gun violence prevention may be interested in similar services from the Freedom States Alliance.

Michael Barnes is leaving the Brady Campaign because of continuous legal setbacks, the Million Moms are losing chapters for lack of interest, Jointogether has ended its "gun violence project," next thing you know, the Violence Policy Center will be shutting its doors!

(Well, one can hope.)

I can't help but wonder if Jointogether's decision to end its gun violence project had any relation to these two stories on their archived page,

Nonprofits Cry Foul Over Government Scrutiny

and

IRS Reports Widespread Tax Abuse among Nonprofits

Y'think? I do have to wonder if the VPC has anything to fear from an audit...

Judge Alito Receives the Brady Campaign Seal-of-Approval!.

If he puts their panties in a twist, he's all right by me:
"MACHINE GUN SAMMY," A PERFECT HALLOWEEN PICK

Washington, D.C. - How could it have gone in any other direction, from a White House that just gave blanket immunity to the gun industry, which refuses to bar terrorists from buying guns, that broke a campaign promise and put Uzis and AK-47s back on America’s city streets, and insisted that records of gun purchases be destroyed before the sun sets on them twice?
Dammnit! I keep checking my city streets and I NEVER FIND THE UZIS or AKs. Not one! Promises, promises.
It had to be a Supreme Court pick that favors legal machine guns.
And Hallelujah for that!!
In 1996, Judge Samuel Alito was the sole judge who dissented from his Third Circuit Court of Appeals colleagues when they upheld the authority of Congress to ban fully automatic machine guns.
Er, no. Ban the sale of new ones to the general public. Ownership of the currently possesed roughly quarter-million full-auto weapons currently in private hands is still legal. I know people who own some of them.
“Earth to Sammy - who needs legal machine guns?” asked Jim Brady, chair of the Brady Campaign. “The Chicago mobsters of the 1930s would be giddy. But the man I worked for, who gave us Sandra Day O’Connor and signed the 1986 machine gun ban, would be shaking his head.”

“Judge Alito’s ludicrous machine gun decision is bad enough. But it also indicates that a Justice Ilito[sic] would attempt to prevent Congress from passing other laws to protect Americans from gun violence,” said Michael D. Barnes, President of the Brady Campaign. (Outgoing president of the Brady Campaign. I love saying that. Don't let the door hit you, Mike! - Ed.) “If Judge Alito had his way, the federal machine gun ban would have been struck down as unconstitutional, and the private possession of these weapons would have become legal."
I've got news for you, Mike, it still is.
# # #

As the nation's largest (But shrinking), non-partisan (but almost wholly Democrat), grassroots organization leading the fight to prevent gun violence (by eliminating lawful gun ownership), the Brady Campaign, working with its dedicated (but diminishing) network of Million Mom March Chapters, is devoted to creating an America free from gun violence (by making it free of guns, and that has worked so well everywhere it's been tried, hasn't it?), where all Americans are safe at home, at school, at work, and in our communities.
And only the government has guns. A mistake a free people get to make only once.

UPDATE, 11/3: The Violence Policy Center ratchets up the rhetoric with a five page PDF format press release.

Sunday, October 30, 2005

Blogswarm!


I found out through this post at Cryptic Subterranean that Sgt. Walter Gaya - of the Gun Guy's Walter and Adam fund, is having some problems with the Dept. of Immigration (or whatever the hell it's called now.) Jay Mac links to this ABC News piece that reports:
The Argentina-born immigrant, who moved to the United States as a child, was injured just eight days before he was to be sworn in as a U.S. citizen in a ceremony in Iraq.

Now, he's in a bureaucratic black hole: Federal immigration officials wouldn't renew his permanent resident card or tell him when he could reschedule the swearing-in ceremony. No one at the local U.S. Citizenship and Immigration Services office could tell him what to do next to get his citizenship papers, or even how to renew his immigration documents.
Freelance reporter Michael Yon mentioned Gaya in one of his dispatches about the group of soldiers sworn in at the ceremony Gaya missed. Yon was embedded with the Deuce-Four, Gaya's unit, when Gaya was wounded by an IED. His friend Adam Plumondore, the other member of the Gun Guy's fund, was killed by an IED in February.

I. Am. OUTRAGED.

Six months after 9/11, Immigration informed a flight school that two of the hijackers, Mohammed Atta and Marwan Al-Shehhi had been approved for student visas, and Walter Gaya - a serving non-commissioned officer in the U.S. Army can't get sworn in as a citizen?

Someone's head should roll. SondraK has taken up the drumbeat. Write your Congressweasles. Post this information far and wide. Get pissed off. Outrage seems to be the only thing that gets anybody's attention any more.

UPDATE: Add Thus Spracht ME and Stop the ACLU to the list.

UPDATE 10/31: David Codrea links to Cryptic Subterranian's piece with Thank You for Your Service, Now Get Out. Harsh, but not excessive.

UPDATE 11/1: SondraK relays this Michael Yon report - "I spoke with Walt today, and the citizenship matter is under control. I will speak with him tomorrow and ask him about his camera. I can tell you now that he will be very heartened to hear that so many people actually care so much."

Outstanding!

Saturday, October 29, 2005

Department of Our Collapsinged Schools, Michigan Division.

From the Michigan.gov website:
The United States Constitution as a Living Document

This unit builds the constitutional foundation for the study of nineteenth century American history. Students examine the structure and functioning of the United States government under the Constitution through the principles of checks and balances, separation of powers, federalism, limited government, and popular sovereignty. In exploring what life would be like without government, students learn about the purposes of government, the social contract theory of government, and the meaning of a constitutional form of government. They examine primary and secondary sources to understand the problems faced by the new nation under the Articles of Confederation. After constructing and debating possible changes to the Articles of Confederation, students simulate a constitutional convention to work out the various compromises achieved by the framers. They then investigate each branch of government with particular focus on the powers, limits, structure, and function of each using both current and historical examples. Through an interpretation of its text as well as historical events and court cases students analyze how the Constitution fulfills the purposes for which it was created. In examining the protections afforded by the Bill of Rights and the purposes for its inclusion in the Constitution, students explore its place in their daily lives. They explore situations in which the principles of the rule of law and limited government operate to protect individual rights and serve the common good. The unit culminates with a discussion of why the Constitution is considered a "living document."
AAAARRRRGGHHH!!! This from the "sample core curriculum for Michigan schools."

Considered by whom??? What about those of us who DON'T consider it to be a "living document"? I guess all that twaddle about "diversity of opinions" and "tolerance for the beliefs of others" is just that - twaddle? Nope, let's continue the brainwashing of young skulls full of mush, and if they show any signs of a personality, then dope them with Ritalin or some other mood-altering chemical.

Long - very long post coming, I think.

Friday, October 28, 2005

Meirs Who? Kozinski for SCOTUS

Via the Geek with a .45 I found this article from the December '95/January '96 issue of the late, unlamented political magazine George on my favorite Appeals Court judge, Alex Kozinski - he who wrote the most eloquent dissent to the Silveira v. Lockyer decision not to re-hear en banc. (Warning, it's a PDF file of scanned pages, and it's SLOW to load.) Here are some highlights from the piece (with my commentary.)
After graduating first in his law school class in 1975, Kozinski clerked at the U.S. Court of Appeals and then for Supreme Court Chief Justice Warren Burger. He was made chief judge of the U.S. Claims Court at age 32 and a Ninth Circuit Federal appeals judge at 35, which made him the youngest person appointed to the federal bench in this century. During the Reagan-Bush years, it was an open secret that Kozinski was being groomed for the Supreme Court - an appointment many think will occur if a Republican wins the White House next November.
Unfortunately, that didn't happen, but now is the perfect time to nominate him for O'Connor's seat.
Unlike recent Supreme Court nominees, Kozinski doesn't hesitate to trumpet his judicial agenda: "I want to change the face of American jurisprudence," he has declared.
Which is why, I beleive neither he nor Janice Rogers Brown will be offered the seat. Bush wants to avoid conflict at home.

But it's time and past time for that conflict, IMHO. It's time to drag out the Left and make them expose themselves completely to the general public.

Note these comments:
The conservative judge Richard Posner calls him "one of the best and smartest judges in the country," and Harvard constitutional scholar Laurence Tribe considers him "on of the few genuinely interesting minds in the Federal Judiciary."
Note the author while he pointed out Posner's political leanings, he didn't mention that Lawrence Tribe is (accurately) a self-described liberal - one, I will note, who seems remarkably intellectually honest.
Clint Bolick, the litigation director for the Institute of Justice... says if he were "advising a president on the Supreme Court, Alex would be on the top of my list."

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"Alex is one of the true conservative libertarians in public life today," says Harvard Law School professor Alan Dershowitz.
Dershowitz is an überliberal - also un-noted.
"He shakes his finger at fellow conservatives and tells them to scrutinize government at all levels, not just where it helps their wallets."
Regardless of this praise, I imagine few on the Left would be pleased with him. For example:
"Kozinski gets away with a lot because he is so funny and charming," says Nan Aron, president of the liberal Alliance for Justice.
Given the two earlier examples, if the author concluded that noting the Alliance for Justice is "liberal" was required, it must be damned near Stalinist. Continuing:
"But he is also very dangerous, especially with regard to the rights of immigrants, workers, and the poor. Property rights always trump human rights for him."
Someone should inform Ms. Aron that property rights are human rights - the human right to acquire and keep property. That's how the poor stop being poor.
Fellow Ninth Circuit judge Stephen Reinhardt, a passionate liberal and close friend of Kozinski's, is also one of his harshest critics. "What do I think of his views? Not much," he says bluntly. "Alex is one of the brightest of the right wing, but he focuses too narrowly on property and is terrible on affirmative action and other civil rights. I would hate to see him on the Supreme Court, where he could do some really serious damage."
Instead of on the Ninth Circuit, where he is overwhelmed by the majority of liberals who keep him from correcting any of the damage they continue to do. Reinhardt wrote the original 69 page Silveira decision that Kozinski, in his dissent to the denial to hear an en banc appeal characterized thus:
The sheer ponderousness of the panel’s opinion—the mountain of verbiage it must deploy to explain away these fourteen short words of constitutional text—refutes its thesis far more convincingly than anything I might say. The panel’s labored effort to smother the Second Amendment by sheer body weight has all the grace of a sumo wrestler trying to kill a rattlesnake by sitting on it - and is just as likely to succeed.
Those "fourteen short words" being the Second Amendment. And yet, they're friends. Unless and until Kozinski is in a position to make a real difference. I guess then you find out who your true friends are.

This was fascinating, too:
Kozinski was born in Bucharest on July 23, 1950. His father, Moses, spent most of World War II in the Transnistria concentration camp, where inmates were systematically worked to death.

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A weaver by trade, and a Communist agitator in his youth, Moses was made vice-president of a textile factory when the Soviet-backed government took over after the war.

Life in postwar Romania was not easy for the Kozinskis, even with Moses's party credentials. Nor was the gulf between communism's theory and its reality lost on Alex: At age eight, the boy got his father into trouble by publicly asking him how a government with so many political prisoners could possibly publish a newspaper called Free Romania.
Well, we already knew he was smart.

After emigrating to the U.S. in 1961, Alex embraced being an American.
"One taste of chocolate and bubble gum and I was a capitalist," remembers Kozinski. "I spent the first several years glued to the television, sucking up American culture."
It's a wonder his mind survived it, but it was the early sixties. I shudder to think what happens to our kids today who "suck up American culture" via the boob tube.

After a probably less-than-stellar academic achievement in primary school, Kozinski began attending UCLA in the late sixties, studying engineering - poorly. But he also studied the anti-war movement, then in full swing, and commented on it:
Kozinski, who had just become a naturalized citizen, chafed at his fellow students' politics. "Most of the protests were really about people justifying the fact that they were chicken," he says. "Students were seduced by all the anti-American rhetoric. They hadn't lived under a truly repressive regime."
Nor do they now.
So outraged by anti-American sentiments was Kozinski that he boycotted (and still refuses to see) Jane Fonda movies - a stance about which he has only one regret: "I wish I had seen Barbarella," he says wistfully. "Maybe one day I'll watch the video - if someone else pays for it."
Don't bother, Judge. She doesn't really look any better than most of the exposed actress flesh displayed today.

Kozinski then switched his major to law, barely squeaking in, and after reading that only the top 10% of law school graduates had much of a chance at financial success, he set out with the intention of graduating at the top of his class. The very top, not second or third place. And he did.

So now that we've established his bona fides let's consider Kozinski's "judicial philosophy," in his own words:
"Look, we have to realize that ideas have consequences, and legal ideas have more serious consequences for society than most." The law, in his view, has an ineradicable moral dimension that we ignore at our peril. When, for example, "courts tell us that someone else is always to blame for whatever misfortune happens to befall us, pretty soon we start to believe it" - a denial of personal responsibility that Kozinski derides with his Toyota Principle (named for the company's "You asked for it, you got it" ad campaign). Lawyers must see the law as "a method for resolving legitimate disputes, rather than a means of extortion."

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His remedy for "hate crimes" exemplifies this anti-litigious, communitarian approach. "Our focus on punishing the speaker diverts attention from ... the things we can do to repair the damage," he argues. Society's first responsibility, Kozinski says, is to reassure victims of their rightful place in the community, to tell them that, despite the wrong suffered, they are not outcasts.
This part particularly got my attention:
Kozinski is not shy about bringing his experiences to bear on his legal formulations. He particularly attributes his sensitivity to free speech and defendant's rights to his time in Romania. "I know what it means for police to really run amok," he says. "Seeing people hauled away in their pajamas in the middle of the night stays with you."
Yes, I imagine it does. And it reminds you that it can still happen today, here.
Although Kozinski brings a certain informality to the courtroom, his constitutional philosophy - the compass guiding his vast array of decisions - is anything but lax. It revolves, he explains, around three principles: textual fidelity (interpretations should be grounded in the actual words of the Constitution), completeness (provisions in the Constitution should not be ignored or emasculated), and consistency (similar phrases should be construed in similar ways). "The Constitution is a complicated, old and multilayered document that is meant to have some play in the joints," he says. "But it must have limits to its interpretation or else you are simply taking advantage of its flexibility for your own purposes. You can't just find in it anything you want to find in it."
And he lives this philosophy. From the aforementioned dissent in Silveira:
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.
Of course, again some on the Left have a problem with this:
"I don't think it is possible to have such a strict theory of constitutional interpretation," says University of Southern California law professor Erwin Chemerinski. "Kozinski follows his theories in some areas and not in others. His opinions involving the takings clause (the portion of the Fifth Amendment that requires the citizens to be compensated when the government "takes" or reduces the value of their property), for instance, tend to be very broad and don't square at all with his decisions involving criminal law."
Given the recent Supreme Court Kelo decision, I am personally very happy to hear that. Chemerinski, another far Left-liberal, does not rank high in my esteem as I've previously noted. (Chemerinski is a regular on Hugh Hewitt's afternoon radio show, and I have heard him defend the Kelo decision on the air.) That Chemerinski dislikes Kozinski's judicial philosophy is mere icing on the cake, for me.

And this observation cements Kozinski's appeal:
(Kozinski's) nomination would prove a dilemma for the Republicans: Kozinski's passionate defense of First and Fourth Amendment rights would give the far right reason to pause. "He's too unpredictable, he isn't a Scalia or a Thomas," says New York University law professor Stephen Gillers. "Kozinski is a truly independent thinker, and we are at a point where presidents only want sure things."
That would, I submit, make him more like Thomas, not less. We've learned a lot about Thomas in the intervening ten years, and he is, currently, my favorite sitting Justice. I think he, Scalia, and Kozinski would make a perfect set. Not mentioned in the piece was Kozinski's strong support for the individual rights view of the Second Amendment. He has several very eloquent dissents on the topic, and his position has been commented on by other Ninth Circuit judges in their decisions.

But the "sure thing" comment is entirely correct. I think the reaction to Miers surprised Bush, and as I said, I don't think he has the stomach for a fight.

But one can dream.

UPDATE, 10/29: Both Instapundit and David Bernstein of the Volokh Conspiracy think Kozinski is a great choice.

He hasn't got a chance in hell...

Further update: David Hardy has details of most if not all of Kozinski's decisions relating to the Second Amendment, and other things near and dear to our hearts.

Think "snowball in hell." But Hardy notes that there is an email address, comments@whitehouse.gov, and notes:
I'd assume somebody counts the number of emails on a given subject and reports that. If we all sent email entitled, say "please nominate Judge Kozinski," it might just get someone's attention. They may be a bit jumpy about the internet and blogs just now (grin).
Perhaps. I think I'll jot them a note. Kozinski or Janice Rogers Brown. Either would please me.

UPDATE 10/31: It's Alito, sometimes referred to as "Scalito." I can live with that.