New U.S. Supreme Court 4th Amend decision:

According to  Findlaw.com: " Fernandez v. California, No. 12-7822
The rule of Georgia v. Randolph, 547 U. S. 103 (2006), that the consent of one occupant to a search is insufficient when another occupant is present and objects to the search, does not extend to the very different situation in this case, where consent was provided by an abused woman well after her partner, the defendant, had been removed from the apartment they shared."

I have mixed feelings on this one.  However, I disagree. I think the missing partner still has a reasonable expectation of privacy to the same extent as the occupant in Ga. v. Randolph.

Supreme Court refuses to hear gun cases

In a continuing dereliction of its duties, the U.S. Supreme Court has refused to hear 3 gun rights cases. 

Drug Lord "El Chapo" captured in Mexico

Juan "El Chapo" Guzman leader of Mexico's most powerful drug cartel was nabbed (again) after escaping in 2001.  The capture is a major victory for Mexico's President. However, this is just the beginning.  We'll see what happens (another escape, extradition, etc.)

Protests and Violence in Venezuela; Gender and politics

Anti-government unrest in the Ukraine has gotten most of the recent headlines, but it looks like the socialist Nirvana in Venezuela is headed in the same direction.  Anyone who thinks that there is no such thing as left-wing authoritarianism suffers from serious delusions.  Some interesting politically incorrect observations:  Female Venezuelans seemed to be disproportionately involved in pro-Chavez and now pro-Maduro demonstrations.  According to this AP report "The crowd made up mostly of women danced in the street and carried photos of the late president Hugo Chavez."  Many are shown over the years clutching pictures of Chavez.   Perhaps the pictures have replaced rosaries for many.  Studies show that women tend to be more liberal, pro-socialist, and  anti-gun etc. than men. According to Wikipedia:
"The various polls (Gallup, CBS, Times Mirror Center, Time, CNN) all found women and men to divided, ranging from 10-25 percentage points, on all of the following issues ^[7]

• Increased role of government
• U.S. military intervention
• Healthcare and welfare
• Firearms restrictions
• Affirmative action to achieve racial equality"

Brazil: 9 killed in ATM shootout

Bizarre crime in Rio.  The gang was using dynamite to blow up cash machines. And we thought crime was bad in the U.S.

Supreme Court case on use of deadly force to stop vehicle pursuit

Shortly, the U.S. Supreme Court will hear oral argument on a case that may provide clearer rules on when police can use (and can get qualified immunity) when deadly force is used  to stop a suspect fleeing in a vehicle.  The incident began with a traffic stop for a busted headlight and ended around 10 minutes later with multiple police officers firing a total of 15 rounds into the fleeing vehicle. Killed were the driver, Donald Rickard, and his passenger, Kelly Allen, both of whom were unarmed.  The case is Plumhoff v. Rickard.

The George Zimmerman media Ideological/ethical train wreck rolls on.

This article tells it like it is.  The Left will continue to use the Zimmerman case to stoke the fires of racial animosity. Self-defense and the Second Amendment individual right  have long been anathema to the Left.  Questionable and unlawful "self-defense" cases will get great amounts of publicity as the smear campaign against the natural law right of self-defense rolls on.   Lawful uses of deadly force, which greatly outnumber the faulty self-defense cases, will be ignored as they do not fit in with the Left's ideology.   This is a great website. 

Victory for Second Amendment Rights

The Ninth Circuit handed the Second Amendment a victory when it invalidated San Diego's requirement that concealed carry applicants are required to show "good cause".  San Diego officials contended that one's personal safety was not a good cause.

Transparency International: website on government corruption around the world.

Please check out Transparency International and its fight against government corruption around the world.  Believe it or not, the U.S. comes out relatively clean. See this description of American corruption. With regard to politics: "Government and politicCorruption among government and political figures remains a concern. From fraud and embezzlement charges to the failure to uphold ethical standards, there are multiple cases of corruption at the federal, state and local level. Recent high profile scandals have involved councilmen in California and the District of Columbia, as well as mayors in New Jersey and an Illinois governor. Money laundering convictions and ethics violations by U.S. Congress representatives have also furthered citizen distrust."

New NYC mayor refuses to join former mayor's anit-gun mayors group.

New York City's new republican mayor refuses to join former mayor Michael Bloomberg's anti-gun mayor's group. A victory for Second Amendment values.   Wouldn't it be nice if Bloomberg gave the money he spends on all this anti-gun propaganda to a charity that could use it,  e.g. Salvation Army.  Of course ideology usually trumps altruism. 

Speak out and take action against government electronic snooping.

Consider this program  by the ACLU. 

Potential Second Amendment Cases for Supreme Court.

The Supreme Court needs to clarify a number of  crucial issues left remaining after its civil rights landmark decisions in Heller and McDonald.  Among these are:
1.  What is the standard of review? ( Strict scrutiny, intermediate scrutiny, rational basis?)
2.  What does "bear arms" mean in the Second Amendment?  To  what extent does the right apply outside the home?
3.  What types of weapons are protected?  What does "arms" mean in the Second Amendmet?

Hopefully, the Court will decide one or more of these cases that have been appealed to it.

TIH: The Hampton Roads Conference 1865

We are still in the sesquicentennial of the Civil War, by far the most costly war in American history. The costs and consequences were suffered for  decades later.  Unfortunately, there seems to be little public interest.  What a shame!  Here's a short clip from History.com about a little-known, but extremely significant event, the Hampton Roads Conference.

On February 3, 1865, President Lincoln  and Secretary of State Seward met with three Confederate officials, including Vice President Stephens ), to discuss the possibility of negotiating an end to the  Civil War.which had begun almost four years earlier in April 1861. The Hampton Roads Conference, which took place on a steamboat near Hampton, Virginia, was a failure, as Confederate negotiators were not authorized to accept any settlement other than Southern independence, which Lincoln refused to discuss.  It was delusional to think that, after 4 years of a horrible war, Lincoln and he Union would give the Confederacy what they wanted. The war continued for another two agonizing months. 

Although there are various interpretations of who was at fault for this failure, it was delusional for the Confederacy to think that at this point in the war they had any chance of victory.  Their failure led to the unnecessary loss of  lives and property and additional suffering.  A great moral wrong!

Dumbing down American public education

If you have been following the topic, you probably know by know that public education K-grad school is a disaster area.  Dumbing down is not only politically correct for the left, but, although there are exceptions, has become a nationwide curse.  For example, a high school teacher interviewed by the New York Times related:
 "This is a real conversation I had with a failing student who was being quite sincere in her comments: ‘I know you’re a really good teacher, but you don’t seem to realize I have two hours a night of Facebook and over 4,000 text messages a month to deal with. How do you expect me to do all this work?’ When I collect homework at the beginning of class, it is standard out of a class of 35, to receive only 8 to 10 assignments. If I didn’t give half-credit for late work, I think most would fail.”
(See the link for an excellent article on this topic) The push for more economic equality will only exacerbate the problem as it stresses that everyone needs a college degree to succeed.  This, of course includes those who cannot do college level work. 
Want some proof, see this article on grade inflation in American colleges and universities.  For an excellent explanation of at least part of the dynamics see this insightful article on the "low-low" contract between faculty and students.  I highly recommend this piece.
  Don't give a bachelor's degree for community-college level work. It's time we stop cheating the students, their parents the taxpayers and the nation.  If you offer a degree make sure it is at an approrpriate level of difficulty. 

Town hasn't bought law books for cops since 2006

When cities overspend and then have to cut back, law enforcement takes its hits too.  Unfortunately, this is usually bad news for justice and the people's rights.  According to the Denver Post, this small, financially strapped town that is also in the middle of a police scandal  "hasn't even bought new law books for its officers since 2006."  Let's hope the officers bought their own, but it shouldn't be their responsibility to do so.  Where do these town find these "leaders?"

Constitutional Amendment needed to protect privacy

As you  probably know by now, Obama basically passed the buck to Congress to try to take the NSA monster. It's too bad he values our privacy so little. It seems like just about every week we find out about some new super-duper spying technique they have developed.  This  excellent  article about James Madison, libertarianism, the Fourth Amendment, etc. argues that we need a constitutional amendment to limit government spying.  The Fourth Amendment and existing protections don't go far enough.  I second that motion.

Unusual criminal prosecution off farmers

It is very rare to see farmers criminally charged for selling bad produce that results in deaths. This is one such case. 

Ideological indoctrination and successful public education don't mix

The way to fix badly failing high schools in high-poverty urban areas is NOT to introduce an ideological theme, whether it is left- or right-wing.  Students at this beleaguered high school were subject to a "social justice" approach which included out-of-state field trips to explore civil rights issues.  As this was going on, achievement test scores fell.  Needless to say, that principal is no longer there.  Where do they find these people? 

Sunday Football and Domestic Violence

According to the Denver Post, 1/18 p. 1A)
"David Card and Gordon Dahl, researchers who studied football and police reports from 1995 to 2006, looked specifically at the games' impacts on domestic violence.
"The main thing we found was Sundays with football games are typically pretty bad for domestic violence," said Card, an economics professor at the University of California, Berkeley. "Part of the reason is that people are home, drinking."
They considered Las Vegas odds, which predict which team will win and by how much. Upset losses, the most painful kind, led to an 8 percent increase in police reports of domestic violence against women in the home, the study found."


Read more: Denver police on alert for violence after Broncos-Patriots game - The Denver Post http://www.denverpost.com/news/ci_24934240/denver-police-alert-violence-after-broncos-patriots-game#ixzz2qlt0AKKv

Administrative lapses and Arapahoe High Murder

Recent revelations by an Arapahoe High School security guard suggest administrative apathy and a lack of proactivity at Arapahoe High School where a student openly carrying a shotgun entered the school and murdered another student.  Among the allegations are that administrators discouraged staff from reporting on troubled students, ignoring warning signs and attempting to stifle criticism.   See also this article. 

Mexican troops attempt to disarm sef-defense groups

Honest Mexicans are often caught in a terrible dilemma.  The government cannot or will not defend them against the cartels and their hangers-on.  The villagers arm and organize and then the army tries to disarm them.  They describe themselves as self-defense groups.  Media and other sometimes use the term "vigilante" which can have a negative connotation.  As reported by the New York Times (A6 1/15/14):

"Self-defense groups said four civilians were killed in the village of Antúnez when soldiers were confronted by a large crowd.   The government confirmed one death."

"The government’s policy was intended to curb all armed groups in the state, but the soldiers’ actions seemed directed at the self-defense forces alone, except in Apatzingán, the stronghold of the Knights Templar (drug cartel), where soldiers and the police surrounded City Hall."

The Mexican government has tough choices to make and has to tread a fine line.  However, when government fails its basic obligation to protect its citizens, the citizens have a right to defend themselves.  My sympathies lie with the citizens.

Political corrupton in Chicago

There is good evidence of ties between Chicago politicians and Chicago street gangs.  And they tell us we need more gun control?  Thanks to GEJ for the link.

Chicago's gun sale and transfer law violated Second Amendment

Chicago's ban on firearms sales and even some interpersonal and family transactions was struck down by a federal judge.  It was obvious from the beginning that this law was invalid and was just another example of the lawlessness of Chicago's leaders who have consistently thumbed their nose at the Supreme Court and the law of the land.  However, this is just the beginning of what could be a long drawn out battle. Justice has been delayed, but  hopefully will not be denied. Stay tuned.

Want to follow Colorado's great pot experiment?

If you want more detail about Colorado's experiment with legalizing recreational pot smoking, check out this site.  It's a lot more complex than you might think.  For instance, employers can prohibit their employees from using both both on and off the job. 

Law enforcment deaths by guns lowest in many years

As is the case with homicide in general, more guns in society, more licensed concealed carriers, recognition of individual Second Amendment rights, etc.  have NOT resulted in more homicides of law enforcement.  This is not data from the NRA, it is from the National Law Enforcement Officers Memorial Fund.

More on Arapahoe High Murder

The student who entered Arapahoe H.S. openly carrying a shotgun entered through a double door that should have been locked.  Instead, it was propped open for easier access for students and staff.   Tragedy often brings irrational responses.  The Sheriff said because the murder was intent on killing "he would have found a way to enter that school."  Arguably if a serious security system was in place the killer might not have been able to enter and might have been intercepted by armed personnel OUTSIDE the school.  The DA said there wasn't anything "that could have been done differently."  Really?  How about a proactive, target-hardening security system?  Where do they find these people?  Perhaps he was talking about he response of law enforcement and personnel. How about some kind of surveillance system, warning system, and more armed personnel (including trained licenses educational personnel) in the school.  Quick action by a janitor and armed school resource office prevented more casualties.  Some have argued that gun control laws kept the shooter from buying an "assault rifle" with a large capacity magazine.  This may be true, but misses the point.  No matter how the intruder is armed, if he or she can't get in the building it doesn't matter what they are carrying to kill inside the building.  Weaponry could be relevant to the results of a confrontation OUTSIDE the school.  However, trained personnel should be armed with weaponry adequate to match whatever the intruder has.  If the system gives these personnel a warning, their chances of a successful, low casualty intervention increases.    Hindsight is always 20/20, but there is no excuse for not being pro-active and using surveillance and communication expertise.   As I have stated before, think "target hardening."  For those who say all these efforts will hurt the learning atmosphere I say:  Would you rather have them dead in warm, relaxed, friendly atmosphere of denial, or alive in a security-conscious one?  Get real!  It can happen any place any time. We have got to face the reality of the existence of  violent people who will kill senselessly.  More importantly, let's not forget about Claire Davis, the innocent victim, and the tragedy of a young life ended senselessly.  Let's not forget about the pain of her friends and family.  RIP.  Don't forget about the pain for the family and friends of the suicidal killer.  Two young people died senselessly.  Keep them all in your prayers.

Federal judge upholds NSA security program

In a decision contrary to one reached by another federal judge not long ago, this federal court upheld the NSA program that collect huge batches of telephone records.  Congress and/or the Supreme Court need to step and get this monster under control.

TIH: Massacre at Wounded Knee: Disarming the Lakota: 1890

According to Wikipedia,The incident started when troops" went into the camp to disarm the Lakota"  More specifically:

"At daybreak on December 29, 1890, Col. Forsyth ordered the surrender of weapons and the immediate removal and transportation of the Indians from the "zone of military operations" to awaiting trains. "A search of the camp confiscated 38 rifles and more rifles were taken as the soldiers searched the Indians. None of the old men were found to be armed. "On the morning of December 29, the troops went into the camp to disarm the Lakota. One version of events claims that during the process of disarming the Lakota, a deaf tribesman named Black Coyote was reluctant to give up his rifle, claiming he had paid a lot for it.^[6] A scuffle over Black Coyote's rifle escalated and a shot was fired which resulted in the 7th Cavalry's opening fire indiscriminately from all sides, killing men, women, and children, as well as some of their own fellow soldiers. Those few Lakota warriors who still had weapons began shooting back at the attacking soldiers, who quickly suppressed the Lakota fire. The surviving Lakota fled, but U.S. cavalrymen pursued and killed many who were unarmed."

Later, "Former Pine Ridge Indian agent Valentine T. McGillycuddy was asked his opinion of the 'hostilities' surrounding the Ghost Dance movement by General Leonard W. Colby commander of the Nebraska National Guard (portion of letter dated Jan. 15, 1891):^[14]
"As for the "Ghost Dance" too much attention has been paid to it. It was only the symptom or surface indication of a deep rooted, long existing difficulty; as well treat the eruption of small pox as the disease and ignore the constitutional disease."
"As regards disarming the Sioux, however desirable it may appear, I consider it neither advisable, nor practicable. I fear it will result as the theoretical enforcement of prohibition in Kansas, Iowa and Dakota; you will succeed in disarming and keeping disarmed the friendly Indians because you can, and you will not succeed with the mob element because you cannot."

Setting aside the massarcre, is there some insight to be gained regarding today's obsessive gun controllers and gun control efforts aimed at law-abiding citizens?  What's your take?

Colorado's new pot laws

Colorado made headlines by partially legalizing pot recently.  If you are curious about how the laws will work,  see this website for information on the law as it will operate in Denver.  My libertarian and federalism sides applaud the move.  It's the laboratory of federalism on display.  The feds have caved. The "cautious" side of my philosophy says it will ultimately turn out to be a mistake.  Illegal pot use among youth and driving and accidents while stoned will probably go up.  Accidents in general will probably go up. The state will tax it and drive up the price to a point where the black market will flourish.  The law prohibits public pot smoking but police will give up or not even bother to enforce it.    It will become a chaotic pot free-for-all.    Is this a massive experiment with public health?  Overall, I favor the move. I follow this "Kesslerism;" When in  doubt, freedom should win out."  Good luck Colorado!

FIRE's Top 10 Worst Colleges for Free Speech

FIRE released its newest list of the top 10 worst colleges/universities for free speech.  Not surprisingly, Harvard made the list.  Although technically not educational institutions, Obamas Departments of Justice and Education made the list because of their support of a "national speech code."  According to FIRE:
"While not a college or university, back in May the Departments of Education and Justice mandated an unconstitutional speech code for all colleges receiving federal funding in what was arguably the biggest free-speech-on-campus story of the year. The speech code came as a result of an end to the agencies’ year-long joint investigation into the University of Montana’s (UM’s) practices and policies regarding sexual misconduct. The investigation was certainly warranted—UM had failed to respond to reports of sexual assault by football players—but the agreement the federal agencies reached with the university presented a serious threat to freedom of expression. Specifically, the agreement defined sexual harassment in a shockingly broad way, prohibiting “any unwelcome conduct of a sexual nature,” including speech. Making matters worse, the agreement was labeled a “blueprint for colleges and universities throughout the country,” meaning that if schools didn’t adopt the new definition, they risked losing their federal funding. As free speech advocates know, overly broad harassment codes have long been the tool used on campus to censor all sorts of unpopular speech. Only after FIRE organized a group of civil liberties advocates, like the National Coalition Against Censorship, the Electronic Frontier Foundation, and others, to sound the alarm over the summer did the agencies back away from the “blueprint.” But the fight isn’t over. The agencies backed away from the blueprint only in a letter to FIRE and have yet to notify colleges across the country of their position. Until they do, the blueprint still remains a threat to free speech on virtually every campus in the country."

Welcome to Obama's world of civil liberties and national security.  I strongly urge everyone who loves liberty to check out FIRE.


Unfortunately, academe shelters too many civil liberties hypocrites who refuse to grant equal rights to critics and their ideological enemies.