Supreme Court to Hear Gun Case

So the Supreme Court has finally granted cert in a gun case. They are going to review the Parker decision from DC which was the first federal appeals court to find a private right of ownership in the 2nd Amendment (a 5th Circuit case had expressed similar sentiments, but that was dicta, i.e., not binding precedent).

The historical origins of the 2nd Amendment are not conclusive on this question, but it is a logical leap to an individual right. Firearms in a pre-Industrial Revolution America were made by hand by skilled craftsmen and were quite expensive. While small ironworks existed in the colonies, British mercantile policies prohibited large-scale manufacturing and iron production, increasing costs of finished products.

For example, individual rights advocates fondly quote Patrick Henry with well-placed ellipses, as he states "the great object is that every man be armed...every one who is able may have a gun." Unfortunately, the excised portion reveals that Henry, arguing AGAINST constitutional ratification, is referring to the STATE purchasing weapons for militia use: "The great object is that every man be armed.--but can the people to afford to pay for double sets of arms? Every one who is able may have a gun. But have we not learned by experience, that necessary as it is to have arms, and though our assembly has, by a succession of laws for many years, endeavored to have the militia completely armed, it is still far from being the case. When this power is given up to Congress without limitation or bounds, how will your militia be armed?"

The description of the "Magazine" at colonial Williamsburg states that "The night of April 20, 1775, Lieutenant Henry Collins stole toward the capital with a squad of royal marines from the H.M.S. Magdalen anchored in Burwell's Bay on the James River. Their orders, straight from Governor Dunmore, were to empty the arsenal and disable THE MUSKETS stored there. In 1715, the magazine "safeguarded shot, powder, flints, tents, tools, swords, pikes, canteens, cooking utensils, and as many as 3,000 Brown Bess flintlocks--equipment needed for defense against Indians, slave revolts, local riots, and pirate raids."

The Articles of Confederation, the predecessor to the constitution, provided that "every State shall always keep up a well-regulated and disciplined militia, sufficiently armed and accoutered, and shall provide and constantly have ready for use, in public stores, a due number of [field] pieces and tents, and a proper quantity of arms, ammunition and camp equipage." If the NRA myth of an armed America in its infancy is true, why did arms need to be provided and stored in public? The articles are clearly referring to personal arms, as they separately mention field pieces. Why are the accounts of the Revolution replete with Continental soldiers lacking muskets?

There is no doubt that in republican (small "r") revolutionary ideology that there was a mistrust of the European experience and standing peacetime armies. That hostility is found in the Articles, with their reliance on the militia. It is apparent, though, that that mistrust has faded into practicality by the time constitution-making rolled around. Congress is authorized to raise armies and navies, and control of the militias is placed within the federal government. The one concession to revolutionary ideology was the provision that "no Appropriation of Money to that Use shall be for a longer Term than two Years." This restriction applies only to the army, not the navy, because armies were the instruments of mischief [Note to congressional Democrats, the framers INTENDED for you to cut the money if the president was an idiot.]

The 2nd Amendment, therefore, was obsolete before ratification. It was a bone tossed to the anti-Federalists about preserving their precious militias after the federalist vision of a central government backed by a regular army became firmly entrenched. The militia in post-revolutionary America was never a significant factor.

Two issues often brought up by the individual rights crowd are 1) the Federalist Papers and other literature of the period and 2) arms as a check on tyranny. Both can be easily dispensed with.

The Federalist Papers were essays in support of a constitution that included no 2nd Amendment language. Madison's version of the text clearly referred to militia purpose, and Hamilton thought a Bill of Rights was dangerous. In terms of a check on tyranny--the constitution clearly defines treason, and allows for that very militia to suppress such criminality. Remember also that the constitution was drafted by and for aristocrats. It contains no right to vote, think the propertied actually envisioned mobs of armed rabble about the countryside?

So in this case--I would love to know who voted to hear it. It takes four justices to hear a case (legal term, to grant certiorari) Is it our new conservative group, wanting to take a stand, or the liberal 4 thinking that they can now kill this? And what kind of opinion will they craft? Once again, it comes down to Justice Kennedy, it will be interesting!

Good riddance

From CNN.com's "The Ticker": An aide to Hastert said Thursday he will retire by the end of December.

Unconfirmed reports have suggested that Denny Boy will need to undergo reconstructive surgery to remove a rubber stamp which had grown into the flesh of his right hand.

Aren't we missing the forest here?

The Supreme Court is hearing a somewhat controversial death penalty case, but to me this seems to present the classic example of missing the massive forest because of a particularly gruesome tree.

[Disclaimer: I have always been somewhat intellectually squishy on the death penalty, but I have been able to deal with (weasel out) of my moral conundrum on practical grounds because of the manifestly unfair way the punishment is administered and the frightening likelihood of killing the innocent]

The court will decide, not whether the taking of a human life is a constitutionally appropriate punishment, but on whether the particular execution protocol used by most states is violative of the cruel or unusual punishment prohibition.

I understand the argument, that the current cocktail can cause intense pain while the paralytic agents prevent the dying (wo)man from crying out or otherwise signaling distress, but is this the constitutional question that we should address? Are those six minutes from the two nods, the initial one from the warden and the final one from the doctor, truly present the constitutional issue? This court has framed the question not as "should we kill," but rather as "hey, is there a more efficient way to kill?" The court's decision will not determine how we deal with the fundamental questions of life, death, and justice. Rather, it will either return the executioners to their gruesome work or send the chemists scurrying to their labs and the lawyers to their libraries to ensure that the killing protocol becomes a much more effective process.

Isn't it apparent that we really want state killing to be more comfortable for us, not the condemned?

Meanwhile. back in Arkansas...

Slaughterhouse live: Teacher kills raccoon
Educator shoots animal with nail gun to use it for skinning demonstration

(more)

Sacrifice and Vanity

The president pulled out his "they shall not have died in vain" line again.

I'm sorry, that is just grossly inappropriate.

When Lincoln said it, the fate of the United States as a nation was very much in doubt. Lincoln quite reasonably committed the nation to defend itself from its internal enemy, not only because it was the right thing to do but also because it was his constitutional duty to do. To have done otherwise would have dishonored those who had already fallen for a clearly-defined and noble ideal.

But George W. Bush? He does not invoke a sacred duty but rather a wanton bloodlust, to commenorate those who have died by sacrificing more who will also die. And for what? So that a nation might live, as Lincoln said? So that government of the people, by the people, for the people, shall not perish from the earth? No, they are being sent to die for a vainglorious fool's delusions in a conflict that mocks the very nature of what the nation seen by Lincoln should be.

Mr. President, there can only be one way that their sacrifices will not be in vain, and that is for you, or others if necessary, to finally have the basic human decency to say that enough is enough. Enough blood, death. shattered bodies and shattered limbs, lost treasure and lost honor. Enough is indeed enough.

Maybe you had to be there

On tonight's episode of Family Guy, Stewie had declared himself president of the world, and was residing in the Oval Office. His mom paid him a visit to kill him, and as she was shooting up the room, the "camera" passed by portraits of recent presidents. After sweeping past W, she returned and emptied the clip into his portrait, obliterating him from the wall.

I'm just sayin'...

A picture speaks a thousand words

So here's a few thousand to cap off my football Saturday:

It's that time of year again...

The 114th Edition

GO TIGERS!

Your New AG

Glenn Greenwald, among others, asks why the Democrats didn't filibuster the nomination of Michael Mukasey for Attorney General last night. After all, there were 40 no votes, plus the potentiality of 4 more from the presidential candidates who didn't vote, but likely would have shown up for a political appearance.

It's pretty simple, of course - there's no way the filibuster would have worked. Once Schumer and Feinstein provided cover, I can flat-out guarantee you that at least a handful of the more pathetic Democrats who voted no only because they knew it wouldn't matter would not have supported the filibuster. It would have lost, and if there's one thing the Democrats don't do, it's take a principled stand, even when they know they'd lose. Maybe the vote would have been 65-35 for cloture, and then he would have been approved anyway. But would it really kill Reid and the other wimps running Congress to take a stand and show us that they care, some of them anyway?

What I think, but do not say

This morning, someone at work sent an email to everyone on campus wishing a happy 232rd birthday to the Marine Corps. Of course, that spawned all sorts of responses, and now we're in the middle of an orgy of God Bless America and random patriotic BS. This is what I would send back, but I don't need the fights.

I've never really been sure what people mean when they say things like "I support the troops." Do you, do you really? Or do you root for them to win, because America is Great? Do you lobby on their behalf with Congress? If you could, would you sign up for the military, so that you could literally have their backs? And, most importantly, do you honor their sacrifices so much that you embrace this simple little thought - that we should never, ever, send people off to die unless we absolutely have to?

Every day that we keep fighting over in Iraq, it hurts just a little bit more. The truth is, and those of us who were paying attention knew this in 2002, despite the hoopla on CNN and Fox and in Washington, there was no justification for sending a single soldier into Iraq. Our country started a war based on lies and greed, and every day that fighting goes on just exacerbates the crime.

Sunday is Veterans Day. In honor of that day, let's all *really* support the troops. Bring them home.

This is what I would say, but I won't.

Fortune Cookie Wisdom

Lunch yesterday:

"Human Rights: Know them, demand them, defend them."

Had enough of Giuliani?

He hangs with the mobbed up, has the morals of an alley cat, the personality of a thug, lies about 9-11 and, of course, as Daffy said:

This is the last time I work with someone with a s-s-speech impediment!

And now he has Pat Robertson's support.

That's it, I'm retiring

“If you learned it in a college classroom, we can’t trust it.”
Rush Limbaugh, Nov. 5, 2007 (while attacking an 18 year old Inuit girl who cried during her testimony in front of Congress about how global warming is affecting her homeland and her people)

The Presidential Medal of Freedom

We now have a new category of those who qualify for this award. It has previously been given to the incompetent (Paul Bremer, Rummy), the shameless careerist (Tommy Franks)and the certifiably insane (Norman Podhoretz). Chalk up a win now, though, for the morally bankrupt:



Congrats. We're so proud.

Update.2

In case you're counting:

Days until the 2008 Illinois Primary (February 5) -- 92

Days until Election Day 2008 (November 4) -- 365

Days until Inauguration Day 2009 (January 20) -- 442

The Bush presidency will, barring an unexpected end, last 2923 days (1/20/2001 - 1/20/2009). We have survived 84.88%. Will we survive the last 15.12%? Stay tuned to this space for details.

From the "Gee, ya think?" File

Poll Finds Americans Pessimistic, Want Change
War, Economy, Politics Sour Views of Nation's Direction

By Dan Balz and Jon Cohen
Washington Post Staff Writers

One year out from the 2008 election, Americans are deeply pessimistic and eager for a change in direction from the agenda and priorities of President Bush, according to a new Washington Post-ABC News poll.

Concern about the economy, the war in Iraq and growing dissatisfaction with the political environment in Washington all contribute to the lowest public assessment of the direction of the country in more than a decade. Just 24 percent think the nation is on the right track, and three-quarters said they want the next president to chart a course that is different than that pursued by Bush.

Overwhelmingly, Democrats want a new direction, but so do three-quarters of independents and even half of Republicans. Sixty percent of all Americans said they feel strongly that such a change is needed after two terms of the Bush presidency. Dissatisfaction with the war in Iraq remains a primary drag on public opinion, and Americans are increasingly downcast about the state of the economy. More than six in 10 called the war not worth fighting, and nearly two-thirds gave the national economy negative marks. The outlook going forward is also bleak: About seven in 10 see a recession as likely over the next year.

Will this presidency EVER end? Will January 2009 (Good God, that just sounds so distant!) ever get here, or perhaps more importantly, get here in time?

Karen Hughes to leave State Department

Long-time Bush confidante Karen Hughes (below)



will be leaving the State Department soon to return to Texas. I think we can all agree she has done a bang-up job of improving our image in the Arab world.

It's the new math

In an AP article about Pat Leahy saying he'd vote against the confirmation of Michael Mukasey for AG (causing the pre-adolescent we've got in the Oval Office to threaten to take his government and go home):

Leahy became the firth of the panel's 10 Democrats so far to say they will not support him.

The Firth of Forth?

I'm not sure how to interpret this

CNN.com has an article about inflation, and how it affects investments. In the article, they have a little graphic comparing the cost of things in 1972 to the cost today and what the cost would be today, adjusted for inflation. If today's cost is less than the inflation-adjusted cost, it's a good value, if it's more, it's a bad value. One of the comparisons they make is Presidential salaries:

Richard Nixon's salary in 1972: $200,000
George W. Bush's salary in 2007: $400,000
Nixon's salary, adjusted for inflation: $996,645.94

So W is a good value relative to Nixon? Is that a good thing? I'm confused.

Sing-a-long Thursday

From USAToday

Some things in life are bad,
They can really make you mad.
Other things just make you swear and curse.
When you're chewing on life's gristle,
Don't grumble, give a wistle!
And this'll help things turn out for the best...
And...

...always look on the bright side of life!
(whistle)

Always look on the bright side of life...
If life seems jolly rotten,
There's something you've forgotten!
And that's to laugh and smile and dance and sing,

When you're feeling in the dumps,
Don't be silly chumps,
Just purse your lips and whistle -- that's the thing!
And... always look on the bright side of life...

(whistle)
Come on!

(other start to join in)
Always look on the bright side of life...
(whistle)

For life is quite absurd,
And death's the final word.
You must always face the curtain with a bow!
Forget about your sin -- give the audience a grin,
Enjoy it -- it's the last chance anyhow!

So always look on the bright side of death!
Just before you draw your terminal breath.
Life's a piece of shit,
When you look at it.

Life's a laugh and death's a joke, it's true,
You'll see it's all a show,
Keep 'em laughing as you go.
Just remember that the last laugh is on you!

And always look on the bright side of life
(whistle)
Always look on the bright side of life
(whistle)