Wednesday, February 29, 2012

Nearly 3/4 of Americans think the ObamaCare mandate is unconstitutional.

Nearly 3/4 of respondents in this poll felt the ObamaCare mandate (individuals required to purchase health insurance) is unconstitutional. Whether 56% (or 5/9) of the Supreme Court will agree remains to be seen. This is a good website. Check it out if you have time.

Monday, February 27, 2012

Another Court finds the DOMA unconstitutional

Another court has found the federal Defense of Marriage Act unconstitutional. Given the Supreme Court's precedents, (e.g. Lawrence, Romer, Loving) this is the correct result. Good links to more info. at the bottom of the article.

Outrageous anti-gun hysteria incident from Canada.

Outrageous incident from Canada. This is what happens when anti-gun hysteria becomes rabidly politically correct. You may recall the American kid who was disciplined at school for shooing a "finger" gun. I wish we could get a lot of the left-wing authoritarians who hate guns to move to Canada. They'd be happier there and we'd be more secure in our civil rights.

Thursday, February 23, 2012

Many Americans don't trust Obama when it comes to guns & Second Amendment

Gun sales have gone bonkers since Obama took over the White House. Another vote of confidence for the Pres.

More border gun-walking disasters

Who knows where all of this gun enforcement insanity on the border will end up. As usual, the government seems to trying to keep thinks under wraps.

Wednesday, February 22, 2012

One of worst opinions of the term: S.Ct. gives cops qualified immunity

Terrible decision granting qualified immunity to police officers. Any idiot could have seen that the affidavit did not contain probable cause for the scope of the search authorized in the warrant. Conservative authoritarianism coupled with liberal dislike for guns resulted in one of the worst opinions of the term. The Supreme Court had dumbed down the standards for officers and has dumbed down Fourth Amendment protections. I agree with the dissenters, Sotomayor and Ginsburg, who wrote:

"The fundamental purpose of the Fourth Amendment's warrant clause is "to protect against all general searches." Go-Bart Importing Co. v. United States, 282 U. S. 344, 357 (1931). The Fourth Amendment was adopted specifically in response to the Crown's practice of using general warrants and writs of assistance to search "suspected places" for evidence of smuggling, libel, or other crimes. Boyd v. United States, 116 U. S. 616, 625-626 (1886). Early patriots railed against these practices as "the worst instrument of arbitrary power" and John Adams later claimed that "the child Independence was born" from colonists' opposition to their use. Id., at 625 (internal quotation marks omitted).

To prevent the issue of general warrants on "loose, vague or doubtful bases of fact," Go-Bart Importing Co., 282 U. S., at 357, the Framers established the inviolable principle that should resolve this case: "no Warrants shall issue, but upon probable cause . . . and particularly describing the . . . things to be seized." U. S. Const., Amdt. 4. That is, the police must articulate an adequate reason to search for specific items related to specific crimes.

In this case, police officers investigating a specific, non-gang-related assault committed with a specific firearm (a sawed-off shotgun) obtained a warrant to search for all evidence related to "any Street Gang," "[a]ny photographs . . . which may depict evidence of criminal activity," and "any firearms." App. 52. They did so for the asserted reason that the search might lead to evidence related to other gang members and other criminal activity, and that other "[v]alid warrants commonly allow police to search for 'firearms and ammunition.' " See infra, at 8-9. That kind of general warrant is antithetical to the Fourth Amendment.

The Court nonetheless concludes that the officers are entitled to qualified immunity because their conduct was "objectively reasonable." I could not disagree more. All
13 federal judges who previously considered this case
had little difficulty concluding that the police officers' search for any gang-related material violated the Fourth Amendment. See App. to Pet. for Cert. 28-29, 45, n. 7,
73, 94, 157-158. And a substantial majority agreed that the police's search for both gang-related material and all firearms not only violated the Fourth Amendment, but was objectively unreasonable. Like them, I believe that any "reasonably well-trained officer in petitioner's position would have known that his affidavit failed to establish probable cause." Malley v. Briggs, 475 U. S. 335, 345 (1986).

The Court also hints that a police officer's otherwise unreasonable conduct may be excused by the approval of
a magistrate, or more disturbingly, another police officer. Ante, at 16-18. That is inconsistent with our focus on the objective reasonableness of an officer's decision to submit
a warrant application to a magistrate, and we long ago rejected it. See Malley, 475 U. S., at 345-346.

The Court's analysis bears little relationship to the record in this case, our precedents, or the purposes underlying qualified immunity analysis. For all these reasons,
I respectfully dissent."

Coverup underway in Solyndra scandal?

Anyone who thought Obama would bring about "change" in the level of integrity in how politicians operate in D.C. has been sadly mistaken. The Solyndra scandal, like Operation Fast and Furious, is in the stonewalling phase. How long has it been since we've had someone in the White House with real integrity?

Tuesday, February 21, 2012

U.S. Supreme Court to hear appeal in controversial Texas University Affirmative Action

This college affirmative action case from Texas has the potential to be the vehicle for major change in the relationship between Affirmative Action and Equal Protection. Look for a 5-4 decision from the S.Ct.

Priest Sex Abuse case coming to Trial

One of the nation's biggest sex scandal trials is about to begin in Philadelphia. One unusual twist is that one church higher-up, a monsignor, was also charged. He was charged not with sexual assault, but with endangering minors. Couple this with the Penn State football sex abuse scandal, this topic will be a hot one. Quite frankly, I'm glad to see some of the higher-ups in both cases called on the carpet. Thanks to Ridgway for the link.

Sunday, February 19, 2012

Obama's Hypocrisy on PAC's, Citizens United and the First Amendment.

Obama openly criticized the U.S. Supreme Court's decision in Citizen's United and the allegedly corrupting and corrosive influences of super PACS. Now he apparently thinks super PACS are OK when they support the right candidates (Obama and Dems).

Suport/Buycott Starbucks!

If you support an individual rights approach to the Second Amendment (as announced by the U.S. Supreme Court in D.C. v. Heller and McDonald v. Chicago) support Starbucks Coffee. Left-wing authoritarians and the irrationally fearful are boycotting Starbucks because they refuse to ban lawful carry in their stores. SUPPORT STARBUCKS! (Starbucks is not just the "darling" of gun owners. It is also a "darling" for libertarians and those who truly support the Bill of Rights, even if they don't own or carry a gun)

Thursday, February 16, 2012

Civilian disarmament is just part of the "social contract."

In an article by a writer for the Carnegie Endowment for International Peace (on the need for armed groups in Libya to disarm in order to restore order) the author wrote:
"Disarmament in any context is never an issue of weapons reduction, but rather a social contract between the people and its government." Yes, there is too much violence in post-revolutionary Libya, but when government disarms unpopular groups for racist or political motives alone, is that also part of the "social contract?" Do you really think whomever emerges in power in Libya is going to disarm their allies? Are the assuredly going after their political enemies with equal vigor?. I don't think most of us are naive to beleive that, esp. given the political history of the Middle East. Notice the writer says "in any context." I object to those 3 words.

I guess the Klansmen, Southern Sheriffs and state judges who disarmed the freedmen in the Reconstruction South and later were doing this pursuant to a social contract of which the freedmen and their descendants were parties? Were the Armenians part of the "social contract," with the Ottoman Empire who disarmed them and then committed one of the worlds' worst genocides? What planet are the folks at the Endowment from?

I tried to leave a comment but the comment wouldn't go through. ("Your comment has not been posted. This usually means something unexpected occurred. Use the back button and try again")I tried again and tried to check their comment policy but the link to the policy didn't work. I gave up. I love these websites that pretend to be interested in feedback. I guess when you know it all and are sure your ideological position is the only rational one, you don't need feedback. This is the kind of mentality that believes that government is a nice, warm cuddly blanket that will take care of everyone and never attempts to treat anyone unfairly or abuse their rights. Government will create a paradise on earth! These folks are dangerous! One of the reasons left-wing authoritarianism is so dangerous and popular is that it hides under a warm, cuddly blanket. At least the Jews in Germany 1933-45 knew what they were up against!

Napolitano testified re BATF's Operation Fast and Furious

Congressional hearings are continuing on BATF's notorious Operation Fast and Furious.
Dept. of Homeland Security Secretary Janet Napolitano testified. She complains that DHS may have been mislead about the operation. Don't expect to see anything about this on NBC or ABC news. [Other than ideological compatibility, I still can't figure out why this woman, with no significant military, intelligence, or Law enforcement experience (other than as Arizona AG) got to be head of DHS. I guess ideological loyalty is more important to the Pres. than relevant background and experience.]

Some of you may remember DHS' infamous "threat assessment" report which listed gun rights activists and disgruntled veterans as likely targets for recruitment by domestic terrorist groups.

For a variety of reasons, I am beginning to believe that our current President is the most ideologically driven in at least recent history.

Tuesday, February 14, 2012

Criminals sharing guns in NYC

Another reason why gun control will not work against criminals is that criminals will always come up with clever ways to get guns. See this example from N.Y.C. with some of the toughest gun control laws in the country

Monday, February 13, 2012

Obama Crony calls for statewide gun registration

Chicago Mayor Rahm Emanuel, Obama's former Chief of Staff, has proposed state-wide gun registration for Illinois. Second Amendment values are obviously not high priorities for Obama's in-crowd. From other recent developments, one gets the impression that First Amendment freedom of religion is also not a high priority with this crowd.

Distrubing Comments from S.Ct. Justice Ginsburg

In a visit to Cairo, Egypt, Justice Ginsburg told Al Hayat television, “I would not look to the U.S. Constitution, if I were drafting a constitution in the year 2012.”

Instead, she urged Egyptians to look elsewhere to more modern constitutions in South Africa, Canada, and even the European Convention on Human Rights.

Of course, not one of these governing documents comes close to adequately guaranteeing the fundamental human rights and liberties enshrined in our U.S. Constitution. It’s also worth pointing out that Ginsburg’s eagerness to diminish the sanctity of America’s supreme law is hardly shocking, as this isn’t the first time she’s gone out of her way to disparage the document she swore an oath to uphold.

Friday, February 10, 2012

Spy Drones in U.S. Skies

Look up in the sky! It's Bird! It's a Plane! It's a government spy drone.
Where will it end? I just love it when military and border control technology gets applied to U.S. citizens miles away from the border. Thanks to Bennett Jones for link.

S.Ct. Justice Sotomayor on Sesame Street

Justice Breyer and former Justice Stevens have been pimping themselves and feeding their egos by going on TV. We just hit a new low. I guess she's trying to lower public, bench and bar expectations about her work on the Supreme Court.

9-1-1 Is a Joke in Detroit: Why people need the Second Amendment

Calling 9-1-1 in Detroit is a joke. Justifiable homicides by citizens have skyrocketed. These folks really need the Second Amendment. However, I reject the use of the pejorative term "vigilante." Vigilantism implies unlawful activity. Justifiable homicide is lawful in every state and under federal law. Thanks to Bennett Jones for the link

Supreme Court turns down another 2nd Amend case

In a very disappointing move, the Supreme Court refused to grant certiorari in another 2nd Amend. case The Supreme Court really needs to clarify a lot of things!

Wednesday, February 08, 2012

Left-Wing Authoritarianism at Work

The Left won't even respect First Amendment rights when it comes to gun material. A sad commentary on this country.

Good Report on Citizen Defensive Use of Arms

This report confirms what knowledgeable people and researchers have known all along about private citizen defensive gun use. Ever wonder why we know lots about illegal gun use but very little about defensive gun use? Reports on defensive gun use are rarely reported by most of media. Care to speculate why?

Few National Constitutions have a Provision on Gun Rights

ONLY 2 OTHER NATIONS HAVE A CONSTITUTIONAL RIGHT SIMILAR TO THE U.S. SECOND AMENDMENT.
Other than the U.S., only two other national constitutions have something similar to the American Second Amendment. Interestingly, these two are Mexico and Guatemala. However, both of these provisions are narrower than the American provision. Over the years, a number of nations repealed their version of the right. It appears that individual gun rights are increasing being sacrificed to government power. It is disturbing to see how few governments trust their own people. See pp. 13 & 38 in the linked document. A full download is available from the link.

Fighting for Gun Rights in Ireland

The National Association of Regional Game Councils (NARGC) is an Irish pro-hunting and conservation group that also fights for gun rights. They have won a number of cases in support of gun owners. Unfortunately, the site provides little legal information, but is worth checking out if you have any interest. In some respects they are the Irish version of the NRA. Unfortunately, Ireland has nothing like the Second Amendment in its Constitution.

Due Process Victory for College Student Against U. Pres.

Good news for college students and all those who truly care about constitutional rights. This is a great organization. Please consider signing up for their e-mail alerts if you are interested in constitutional rights on college campuses. Now if we could just get some courts to stand up for the Second Amendment rights of students who live on campus.

ABC and NBC ignore BATF's Operation Fast and Furious

Not surprisingly the two most left-leaning TV networks have ignored the BATF Fast and Furious scandal. Whoever says ideology and politics don't influence what the media covers and don't cover is terribly naive. (Another obvious offender is the New York Times) Media ethics and media professionalism are both oxymorons. Of course, Fox is often an example from the other side of political spectrum.

Tuesday, February 07, 2012

Monday, February 06, 2012

Murdered BATF agent's family sues BATF

In a new and not unexpected twist to the Opn. Fast and Furious scandal, the family of murdered BATF agent Brian Terry has sued BATF. As usual, expect the government to settle out of court to keep the dirty laundry hidden if they can't get it dismissed prior to trial.

NYPD's Compstat system a fraud

NYPD uses an advanced MIS, Compstat, to track crime and its "efficiency." Looks like, as usual, the bureaucrats are messing with the data. Thanks to J.R. Hoyne for the link. Is there anything that City government in NYC does honestly?

Super Bowl ad for gun control

Did you catch this? I missed it. I bet this is the first time the Super Bowl ran a political ad encouraging people and officials to disregard a constitutional right. If you are gun owner, don't get too comfortable.

Friday, February 03, 2012

Proposed Protective Change to 2nd Amend to Protect the Individual Right.

This writer has a good idea. The individual right interpretation hangs by one vote in the Supreme Court. If Obama is re-elected and gets to replace on the the 5 justices in the majority in Heller and McDonald, the individaul right could disappear.

Congressional Hypocrisy

"Our representatives" in Congress are rarely shy about telling others what they must do, but have exempted themselves from many laws. Although the situation is not as bad as it once was, the hypocrisy is still appalling.

San Francisco Sheriff and Prosecutor Arrested for Dometic Violence

Looks like some of the public officials in one of America's most left-wing politically correct cities thought they were above the law.

Jail Officials Forgot About DWI pre-trial detainee for 22 mos.

The victim was awarded $22 million. What happened to the 6th Amendment right to a speedy trial? Too many folks asleep at the switch.

Wednesday, February 01, 2012

More on D.C.'s New Gun Laws

It appears that the U.S. Constitution is not the supreme law of the land in D.C. The Head of D.C.’s police union speaks out on D.C.’s new gun laws.
“The head of D.C.’s police union says the city council is clearly trying to make life difficult for gun owners. “They’ve been clear on the record and they aren’t going to comply with Heller and are going to frustrate what is a constitutional right,” Kristopher Baumann told The Washington Times. “Whether they agree with it or not, they have to embrace the court’s decision and act accordingly and quit trying to frustrate the issue.”
For source and more details on D.C.’s gun laws and the unnecessary roadblocks the District has thrown up see the link.