Archive for the ‘Right to Keep and Bear Arms’ Category

More Flintlocks, Less Crime

Friday, August 13th, 2010

Don B. Cates, writing at Cal Guns:

[The following is from an article that Carlyle Moody and I are writing on the theory that more guns in a society will cause more crime. This part of the article was written by Prof. Moody an economist at William & Mary College.]

If more guns cause murder, and more guns cause more murder, it would seem societies with no guns at all should be the safest possible states. There are few gun free societies in the world today. However, if we look back in history to the time before the invention of firearms, we can judge for ourselves whether those societies were tranquil and safe. Remarkably good homicide data is available for England, beginning in the 1200’s. Those data indicate a pre-gun homicide rate in England of roughly 20 per 100,000 [roughly four times greater than the U.S. today]

Firearms were introduced into England in the 1400’s and were in wide use by the 1500’s, coincident with a decline in the homicide rate to 15 per 100K. However these early guns were predominately of the matchlock design. This design featured a slow burning fuse held in a clamp at the end of a serpentine lever. When the trigger was pulled the clamp dropped down so that the end of the lit fuse touched the powder in the flash pan, firing the weapon. The design was simple and the weapons relatively inexpensive. The major problem with the design from the point of view of personal defense was that, because of the need for a lit fuse, the weapon could not be kept and carried loaded and primed for quick use against a sudden attack.

The first firearm that could be carried loaded and primed was the flintlock, introduced into England around 1630. In this design the fuse is replaced by a piece of flint. When the trigger is pulled the flint strikes a piece of steel producing a shower of sparks that ignite the powder in the flash pan. This technology persisted through the early 1800’s. While matchlocks were almost exclusively long guns, flintlock technology was readily adapted to produce handguns, which were particularly useful for self defense. The flintlock pistol was relatively inexpensive, could be comfortably carried, was ready for action in an instant, and did not require a great deal of physical strength or expertise to operate. The flintlock could be fired in an instant, making it the ideal self- defense weapon. Armed with a flintlock, the physically weak found themselves on an equal footing with the physically strong in a confrontation.

The introduction of the flintlock coincided with the largest decline in homicide in English history. The homicide rate plunged to 6 per 100K in the 1600’s. The English homicide rate continued to decline slowly and steadily until well into the 20th century. For example, in 1900 the homicide rate was 0.96 per 100K.

The last hundred years of English history tells the reverse story. The first modern gun law in England was the Pistols Act of 1903 which required Englishmen to purchase a permit in order to acquire a firearm. Since 1920, the English government’s policy has been ever more restrictive. The Firearms Control Act of 1920 imposed a true permit requirement to possess rifles as well as all types of pistols and empowered local authorities to determine if the applicant would be allowed to purchase arms. This permit requirement was administered progressively more stringently and was amended to increase restrictions over time in an attempt to reduce the civilian gun stock. The Prevention of Crime Act of 1953 and the Criminal Law Act of 1967 redefined the right to self defense more restrictively making any act of self defense potentially criminal. The Firearms Acts of 1968 and 1998 brought shotguns under strict regulation; the Firearm Act of 1997 effectively banned the private ownership of handguns and provided for the confiscation of all legally owned handguns.
According to the more guns more crime hypothesis, all this restriction of civilian guns should have resulted in England enjoying lower and lower rates of violent crime. Unfortunately, the facts reveal a pattern that is almost opposite. [as of 2000 England had twice the violent crime rate of the U.S.] and I are writing on the theory that more guns in a society will cause more crime. This part of the article was written by Prof. Moody an economist at William & Mary College.]

If more guns cause murder, and more guns cause more murder, it would seem societies with no guns at all should be the safest possible states. There are few gun free societies in the world today. However, if we look back in history to the time before the invention of firearms, we can judge for ourselves whether those societies were tranquil and safe. Remarkably good homicide data is available for England, beginning in the 1200’s. Those data indicate a pre-gun homicide rate in England of roughly 20 per 100,000 [roughly four times greater than the U.S. today]

Firearms were introduced into England in the 1400’s and were in wide use by the 1500’s, coincident with a decline in the homicide rate to 15 per 100K. However these early guns were predominately of the matchlock design. This design featured a slow burning fuse held in a clamp at the end of a serpentine lever. When the trigger was pulled the clamp dropped down so that the end of the lit fuse touched the powder in the flash pan, firing the weapon. The design was simple and the weapons relatively inexpensive. The major problem with the design from the point of view of personal defense was that, because of the need for a lit fuse, the weapon could not be kept and carried loaded and primed for quick use against a sudden attack.

The first firearm that could be carried loaded and primed was the flintlock, introduced into England around 1630. In this design the fuse is replaced by a piece of flint. When the trigger is pulled the flint strikes a piece of steel producing a shower of sparks that ignite the powder in the flash pan. This technology persisted through the early 1800’s. While matchlocks were almost exclusively long guns, flintlock technology was readily adapted to produce handguns, which were particularly useful for self defense. The flintlock pistol was relatively inexpensive, could be comfortably carried, was ready for action in an instant, and did not require a great deal of physical strength or expertise to operate. The flintlock could be fired in an instant, making it the ideal self- defense weapon. Armed with a flintlock, the physically weak found themselves on an equal footing with the physically strong in a confrontation.

The introduction of the flintlock coincided with the largest decline in homicide in English history. The homicide rate plunged to 6 per 100K in the 1600’s. The English homicide rate continued to decline slowly and steadily until well into the 20th century. For example, in 1900 the homicide rate was 0.96 per 100K.

The last hundred years of English history tells the reverse story. The first modern gun law in England was the Pistols Act of 1903 which required Englishmen to purchase a permit in order to acquire a firearm. Since 1920, the English government’s policy has been ever more restrictive. The Firearms Control Act of 1920 imposed a true permit requirement to possess rifles as well as all types of pistols and empowered local authorities to determine if the applicant would be allowed to purchase arms. This permit requirement was administered progressively more stringently and was amended to increase restrictions over time in an attempt to reduce the civilian gun stock. The Prevention of Crime Act of 1953 and the Criminal Law Act of 1967 redefined the right to self defense more restrictively making any act of self defense potentially criminal. The Firearms Acts of 1968 and 1998 brought shotguns under strict regulation; the Firearm Act of 1997 effectively banned the private ownership of handguns and provided for the confiscation of all legally owned handguns.
According to the more guns more crime hypothesis, all this restriction of civilian guns should have resulted in England enjoying lower and lower rates of violent crime. Unfortunately, the facts reveal a pattern that is almost opposite. [as of 2000 England had twice the violent crime rate of the U.S.]

[Emphasis in the original.]

Here it is again: the key tactic in any argument with a gun control advocate is to demand the citing of any instance where relaxing gun control laws has increased crime. And, I suspect, you can also do well by demanding the citing of any instance where imposing gun control on the general population has decreased crime. (The “on the general population” proviso is aimed at excepting closed, tightly controlled areas such as prisons. Presumably, most gun control advocates would not be willing to voluntarily live in a prison.)

===

Ack, I’ve lost the via.

Thomas’ McDonald Concurrance, Digested

Saturday, July 24th, 2010

The Richmond Times-Dispatch has done the hard work of editing it down, presenting “The Ugly Racial History of Gun Control”.

Via Arms and the Law.

DMCA Drops Another Good Guy

Thursday, July 22nd, 2010

Clayton Cramer thinks he’s not making enough of a difference to keep going in the face of frivolous lawsuit thugs like those over at Las Vegas Review-Journal:

Today, The Armed Citizen received informal notice in the form of a media inquiry about a lawsuit against this website and its owners, David Burnett and Clayton Cramer. The lawsuit, reportedly filed in US District Court on July 20th, alleges that The Armed Citizen and its owners “willfully copied” original source content from the Las Vegas Review-Journal.

According to news reports, Righthaven LLC has reportedly filed lawsuits against 75 other political websites and/or blogs without prior contact or attempt at resolution. The sites include FreeRepublic.com, the Safe and Secure Internet Gambling Initiative and the National Organization for the Reform of Marijuana Laws.

The “offending” entries consist of six stories, some of which were short enough to qualify under the Fair Use Rule, out of nearly 4,700 entries. The six stories are still publicly available on the Las Vegas Review-Journal’s website, to which we linked.

The Armed Citizen has been excerpting articles from newspaper, TV station, and radio station websites for a number of years. If any copyright holders decided that The Armed Citizen had exceeded fair use, they only needed to send us an email. Instead, in a bid to target and intimidate small websites, they have chosen to pursue legal action.

At this time, the future of The Armed Citizen is uncertain, and possibly in jeopardy, thanks to Righthaven LLC and the Las Vegas Review-Journal.

Their contact information is listed below.

Las Vegas Review-Journal
1111 W. Bonanza Road
P.O. Box 70
Las Vegas, NV 89125

Main phone number:
702-383-0211

Newspaper office number:
702-383-0264

Copy of Lawsuit (As forwarded by a reporter…The Armed Citizen has received no official notice of pending litigation.)

To e-mail David and Clayton, write to Tips@thearmedcitizen.com

Further information:
Las Vegas newspaper sues websites over use of content
Conservative website among 3 sued over R-J copyrights
LV Review-Journal may be violating law with selective copyright suits
REVIEW-JOURNAL SUES ITS OWN SOURCE

UPDATE: It turns out that the minimum amount of a controversy filed in federal court involving citizens of multiple states is $75,000 (which is something that I already knew). The lawyers are relying on us to “settle” because they know darn well that their actual damages aren’t even close to $75,000. They might have trouble proving $75 worth of actual damages. This is perilously close to extortion. Interesting discussion of this over here.

UPDATE 2: These lawyers have filed dozens of such suits, always demanding $75,000 (the federal controversy minimum)–and it looks like some people are starting to fight back. I wonder how many people like me showing up and demanding proof of $75,000 in damages before some federal judge tells these crooks to go chase ambulances, like other shysters.

UPDATE 3: I have taken down the entire Armed Citizen blog. It’s just too dangerous. And this blog may go away tomorrow as well. It’s just too dangerous. There are criminal enterprises out there prepared to use the law in ways that it was not intended.

The Armed Citizen ran excerpts of news stories of armed citizens defending themselves. It was an astonishing resource, and its loss is a serious blow to those attempting to legitimize the right of the people to manage their own lives. I visited there occasionally, and the excerpts were just that, unless the story was no more than a few lines, impossible to excerpt meaningfully.

After the above post went up, Cramer followed with two more, preserved here for posterity in case they go away:

There Are Days It Just Isn’t Worth It

I’ve spent quite a bit of the last twenty years trying to make a difference in the political system. Garbage like this below makes me wonder if it is too late to solve this country’s problems, and maybe I should stop trying to make it better. It’s just not worth it.

The End

I’ve decided that the costs of liablity insurance are too high to make this continue to make sense, especially in light of sleazy garbage such as the Las Vegas Review-Journal lawsuit. (And ironically, we are supposedly on the same side.) America is enthusiastically headed into a cesspool, I’m not doing anything that is likely to even slow the downslope speed of destruction. Tonight I will download everything from the blog, and delete everything but this explanation.

Thanks to all the readers who have provided encouragement over the years. America is in a death spiral.

[The words that follow are my own; Cramer is in no way responsible for them and is not aware of them as I post.]

Cramer was one of the good guys; he exposed Bellesiles’ lies (I have the book, Armed America, he wrote in the aftermath of that, documenting that guns have been part of American culture since the earliest colonial days, and establishing that some of the earliest gun laws were aimed at the disenfranchised: slaves, Indians, indentured servants.) He helped write briefs for both the Heller and McDonald Supreme Court cases, and has had the heady experience of being quoted in the decisions.

The most distressing thing about this that he’s not being taken down in the fight with anti-gunners; it’s the damn copyright lawyers, and the thrice damned DMCA that gives them teeth. Cramer is not stealing the works of others in any significant way, he is clearly in the “safe harbour” provisions, but he is still being attacked, and not, I suspect, because of any concern about copyrights, but as outright extortion, simply in the hope that he will cave.

I sincerely hope he reconsiders, and begins blogging again. I could wish that he would blog, be damned to the thugs at the Review-Journal and their lawyers, and be prepared to go out shooting when they came for him, or even allow himself to be arrested as an act of civil disobediance, but he has a family and responsibilities I do not, and has already done far more for the cause than most.

And you know, I think that it is not his responsibilities that stop him. It’s that he thinks America is failing, as an enterprise, losing its compass, and that the fight is not worth the sacrifice.

I hope he’s wrong.

But I fear he’s right.

God speed, Clayton, little though that may mean coming from a skeptic like me.

I pray your light has not gone out, but is only dimmed, for awhile, until the vultures have passed.


Update:
Rob Allen at Sharp as a Marble has picked up on this; lots of good comments there.

No Means No! No, Really!

Friday, July 2nd, 2010

“The Outrage of a Belgian Woman, 1854″ by Antoine Wiertz
Painting of  a Naked Woman shooting a soldier
via Sipsey Street.

I doubt Wiertz was making an argument here for the right to keep and bear, probably something do with Belgian history, but there it is: A naked woman, far from being in fighting trim, successfully avoids rape by a well-conditioned, experienced soldier.

“Gun control is the theory that a woman lying raped and strangled with her own panty hose is morally superiour to a woman standing over a dead rapist with a smoking gun in her hand.”

Prager On America

Friday, July 2nd, 2010

I don’t know anything about Dennis Prager. I don’t know if he’s a politician, a radio host, or an agent of the KGB.

I only know that this is something that has to get out there, that as many people as possible need to hear Prager’s message.

0:30
The greatest threat to America?
“We have not passed on what it means to be an American to this generation.”

3:00
“The fact that the United States of America is about to confirm to the U.S. Supreme Court a woman who banned the military from her campus gives you an idea of how deep this problem is. That that is not disqualifying — to Democrats! To Democrats! — That it is not disqualifying is a moment of darkness in American history.”

4:15
“This is not a Presidential election, and is the most important election in modern American history, this November. This November is a referendum on what we want America to be.”

That last…Yes, I know. “We are not going to vote our way out of this crisis.” I hear you, Beck, Vanderboegh, Venlet, I hear you all loud and clear, and I agree.

But we are not ready to take our country back. Too many of us don’t understand what it is to be an American. We need time, another two years at least, to get folks up to speed. The biggest thing about McDonald is not that the Supremes found against Chicago, but that all over the land, Americans found that they agreed with McDonald, and agreed that Baron Daley looks like a thug in his petulant moves to regulate the right to death.

It’s a great start, but it’s just a start. Two more years, and then the socialists can do anything they want, because by then, folks will know enough to ignore them, or fight back.

I’ve been thinking about not voting this fall. I take it back. I will vote. I will even campaign, if only at a Tea Party office. I will not work for a specific candidate, but I will work to spread ideas, and to call candidates for both parties out.

I have no hope, no hope at all, that any candidate that wins in any race will “take back” Congress, or any other office. That’s not the point. The point is gaining time, to throw the people who are paddling like mad for the waterfall overboard, and settle for those who will do no more than let us drift.

Two years of charade, two years of blogging, two years to teach, and train, and stock up.

That has to be enough, because I deeply fear the next Presidential election, no matter who stands for office, no matter who wins.

update: OK, I looked him up. Prager’s a radio host, among other things.

McDonald

Tuesday, June 29th, 2010

So, yesterday the big McDonald case came out, confirming that, yes, the Second Amendment protects an individual right, and yes, it applies against state and local governments as well as the feds.

But I posted nothing. Why the hell not?

Because it’s weak and wishy-washy. Because it says, in effect, no, you can’t ban guns, but you can regulate them to death. Because it’s another crack in the wall, and not a general tearing down.

Mostly, though, because it doesn’t apply to me, or you, or any citizen.

The Constitution, and the Bill of Rights, down to the Second Amendment, have nothing to do with what We the People are allowed to do. The Constitution is directed at the government, the State, giving it structure, defining its (few and strictly limited) powers, and listing things it is forbidden to do.

We, the People, can own private property, including tools, including printing presses and telephones and guns. Period. We can defend ourselves against crime and tyranny.

We can do those things whether the State, or the states, or petty little town hall dictators like Daley, say nay or yay.

That’s what a right is: a declaration that you can act according to the dictates of your own conscience, subject to the imposed will of no one, no legislator, no executive, no judge, no uniform or badge.

So, yeah, I’m interested in McDonald in the sense that it’s good to see that the Supreme Court is slowly rousing from its long slumber, that it realized that if it tried to take that right away, it would have a real, honest-to-blood-in-the-streets fight on its front steps. It’s interesting to see the twisted logic four out of nine Justices used to try to deny a plainly written limit on their power. Scorpions and wasps are interesting, even beautiful, in their way, too.

But McDonald does not give you the right to own or carry a gun. It will only, over the long run, perhaps make it a little less legally risky to do so. It is a harbinger of change. It acknowledges that The State has pretty well gone about as far as we’ll let it, which is a good sign.

And it chips away at the cover that gun-grabbers have been hiding behind for decades, although again, it’s only a chip, not even a whole brick, much less the tumbling of the prison walls.

Daley’s scared. But not scared enough.

Personally, I won’t think he’s scared enough until he leaves town under cover of darkness, stinking with panic and warm piss running down his leg.

And frankly, not even then, not until he hits the road block, and armed citizens drag him out of his car and march him over to the nearest wall.

[update]

John Venlet “takes no pleasure” in McDonald, either:

…because the Second Amendment has been so obfuscated by the poetic license musings of the ruling class over the years that individuals no longer trust their own knowledge and understanding of the words within the Second Amendment, as presented to them by the founding fathers.

The Second Amendment, runs a total of twenty-seven (27) words, which are as follows.

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

These twenty-seven (27) words have been mashed, bashed, pureed, and mouthed with a baby’s zeal for a zwieback, resembling not so much a learned discourse of knowledge and wisdom, but a bunch of college freshman in an American Lit 101 class analyzing a Shel Silverstein poem, and not understanding it.

I suppose, if an individual is content to waive their inalienable rights, kneeling as a supplicant before the power of the State, pleading for the right of property ownership, the SCOTUS decision will appear as a victory over the State, but it would be an unprincipled victory, as illustrated in these words from Billy Beck:

I have more principled reasons for my stand on owning firearms, and I don’t care one whit in the world for the Second Amendment. It means nothing to me. My rights have nothing to do with the U.S. Constitution, and when it dawns on people that it has finally been erased—the principal danger of all political premises posed as “social contracts”—my rights will still validly exist, even if I die defending them. I own firearms because I have a right to private property. That is the First Thing.

…Keep….Bear…infringed…
These three (3) small words were not misunderstood by individuals when The Constitution of the United States was written. “To keep” meant exactly what is implied, “to retain in one’s possession,” ownership; “to bear” meant exactly what is implied, “to carry or possess;” and “shall not be infringed” meant exactly what is implied, the State shall not violate the right to own or carry arms, yet today these three (3) small words are so misunderstood that Justice Thomas Clarence required fifty-six (56) pages worth of words to support SCOTUS’ decision that individuals do have a right to keep and bear arms in the City of Chicago.

Individuals can slice and dice the Second Amendment all they want, but the fact remains that any law restricting ownership or the carrying of firearms is unconstitutional. Period.

And let me riff for a moment on Beck’s “right to private property”. That right is also not granted by the Constitution, which says,

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search and seizure, shall not be violated….

Again, that does not does not grant us the right to private property, or our right to defend our privacy. I don’t care what the courts say, I have that right, and the Constitution prohibits the State from violating it.

What’s more, there’s no “Congress shall make no law” limitation. No one can violate my security, no one, and I take that to mean thugs crackheaded as well as jackbooted.

And if I’m going to defend my person, house, papers and effects from whomever, I must have the tools necessary for that defense. And I may use those tools to defend myself and secure my privacy against both crackheads and jackboots.

Infringing the Second Amendment, then, violates the Fourth as well.

That the State has so egregiously infringed and violated both rights doesn’t mean that I do not have those rights; it means that the offending State is illegitimate by its own founding charter, and may no longer command my respect, or even my obedience, except by raw force.

I’ll say it one more time: I follow these cases to take the measure of those who would rule me, not determine the limits of my own actions or conscience.

Obama, Do Your Damn Job

Monday, June 28th, 2010

Hey, you think that “Declaration 2.0″ thingie a post or two down is a joke?

Here’s a bill of particulars with references to the Constitution.

Mexican gangs with lookout posts IN ARIZONA??? Mexican snipers?? What in Hell is the matter with you? Are you so intent on “fundamentally transforming” this country that you will allow this? An ARMED incursion across our southern border and death threats to law enforcement and YOU ALLOW THIS???

If so, then you are a traitor in the purest sense of the word and should be treated as such. You are in direct violation of the Constitution by denying the citizens of Arizona the right to “be secure in their persons, houses, papers and effects” as outlined in the Fourth Amendment, in addition to your failure to respect Article IV Sec.4 of the Constitution regarding the “guarantee to EVERY (individual) state a republican form of government and shall protect each of them (including Arizona) against INVASION”.

AND your failure “To provide for the calling forth the Militia to execute the Laws of the Union, suppress Insurrections and REPEL INVASIONS” (Article 1 Sec. 8 of the Constitution)

You are also in violation of Article III Sec. 3 of the Constitution in that, by allowing these outposts to exist you are indirectly giving “Aid and Comfort” to an invading force, the enemy. You have, at the very least, allowed a potential state of war to exist on our own sovereign soil and have done nothing to defend or support those in the line of fire. Abandonment and persecution of the people you were sworn to protect makes “Traitor” seems appropriate.

I must add, you are not only a traitor but a seditionist as well. That you are IN FACT, guilty of “overt conduct, such as speech and organization, that is deemed by the legal authority as tending toward insurrection against the established order” We The People being the legal authority and states rights being the “established order”.

“Subversion of a constitution” and “incitement of discontent (or resistance) to lawful authority” which you have done by demonizing the people of and filing suit against, the state of Arizona. You have, in fact, created a “commotion, though not aimed at direct and open violence against the laws” (of the state of Arizona) all of which are part of the very definition of sedition. You have, in essence, declared war on one of our own states by these actions and you WILL be held accountable.

Read it all, every word.

And you leg-tingling “Journo-lists” who acted as this thug’s mouthpiece during and after the election?

Right up against the wall with him. You’re not the independent, free press protected by the Constitution; you’re his shills, and if he starts bailing out your worthless puppy trainers, you’ll be his paid shills, his co-conspirators.

Anybody out there willing to admit they voted for him? Still proud of it? Here’s your rough-hewn rail, have a nice ride out of town.

Feeling a bit duped?

Too. Fucking. Bad. You deserve everything that’s about to come down around your poor little ignorant innocent socialist peacenik ears. We’ll do our best to keep it from killing you, but remember: we don’t feel sorry for you, we blame you. We’ll let you in if you promise to work, but expect a lot of rough words and angry glares while you dig the latrines.

Via Sondra K. Again.

Hurtful Things

Tuesday, June 8th, 2010

Protect us from those who would protect us from ourselves:

In the course of following this tragedy I watched the coverage afforded it by CBS’s 60 Minutes. On their website was a 2:41-long video “extra” that tells in searing detail the recollections of Mike Williams, Deepwater Horizon‘s chief electronics technician, who survived the explosion and fire, and was one of the last people to make it off the rig alive. He describes how the last life raft full of survivors almost didn’t escape the burning oil slick under the doomed rig because no one had a knife to cut the sea painter with due to Transocean’s no-knife policy. WTF???!!!

I am…struck dumb with rage.

May those who wrote and signed off on this policy be confronted by their victims, victims they nearly killed as surely as if they had stabbed them with knives.

May they each be faced with death, where a knife or gun would save them.

Evil. Evil. Evil.

Hey, 60 Minutes? What’s your stance on the Second Amendment?

Into The Woods

Wednesday, May 26th, 2010

From the Western Rifle Shooter’s Association, lessons learned from the NKVD/Gestapo/KGB Museum in Vilnius, Lithuania:

1) Government identification records are the clerical basis for mass murder and other atrocities.

2) Get to the forest early if you want to live.

3) The Bad People will have lots of help from your neighbors.

4) “Fascism” is not the mortal enemy of freedom and life; collectivism is.

5. Never report en masse when ordered to do so: Nothing good ever happens to folks who do.

6. Food and ammunition will be the vital shortages you must address in order to live: Empty weapons and bellies a successful resistance does not make.

7. The Bad People will torture and kill those who help you.

8. The Bad People will torture and kill your family members.

9. You must be prepared to fight until victory or death: Once you go to the woods, you are there for the duration.

10. If you think it can’t happen here, you are wrong.

Read the whole thing; I’ve summarized the bullet points.

This is what happens when the people who raised, taught, and trained Obama come to power.

Point number one compares with a long-held tenet of right to keep and bear arms proponents: Gun registration and licensing leads to confiscation. Exactly the same principle applies.

Applies to health care, too.

Enumerated Power

Saturday, May 22nd, 2010

I’ve listened several times to Utah Republican Senator Bob Bennett’s interview with Michele Norris from NPR. [There's a transcript there if you prefer to read, but I encourage you to listen at least long enough to get a feel for the tone of the thing.] Bennett’s defeat in Utah’s May 11 primary after serving three terms is credited to the Tea Party movement.

I’m struck by the confusion evident from both Bennett and Norris. They have no idea whatsoever what just happened. Norris doesn’t know how to frame her questions, and Bennett has all the answers that he knows should have worked.

There’s several illuminating passages, but what I want to write about today is an exchange that didn’t happen, the question I wanted to ask that would never have occurred to Norris.

The constituency that abandoned him comes off as ill-informed and inarticulate. It’s easy to guess that this fits with how NPR and the establishment powers view the Partiers. However, it’s also no doubt accurate; the Tea Parties are still inchoate, still fragmented, still with no cohesive, organized platform, still with no clear principles.

Moreover, our political vocabulary has become so debased that it is almost impossible to coherently criticize what has been happening for the last several decades in terms most people have been trained to understand. That vocabulary has been constructed by those we want to criticize, and it’s devilishly hard to use against them.

Which leads us to this exchange:

NORRIS: About one-third of the Utah GOP convention delegates were part of the Tea Party movement. Did you do a good enough job as a senator of representing their interest? Many of them felt like they were ignored by Washington, even by the representatives within their own party.

Sen. BENNETT: When you talk to them and said, well, what did I do that didn’t represent you, there was never – other than, well, you voted for TARP and that was unconstitutional – as I say, I could talk that one through with them, and oh, well, maybe you did the right thing. Someone would say I’m not troubled about TARP. You’ve just been there too long.

NORRIS: What do you make of that? How do you respond to someone who feels like you’ve been there too long?

Sen. BENNETT: There really is no response. Some of my supporters would report conversations they would have. One in particular said to this woman: Who are you voting for? She said: I’m voting for Cherilyn Eager. Why? Well, she loves the Constitution. All right, Senator Bennett loves the Constitution. Yeah, but Cherilyn Eager loves it more. And finally, my supporter said, well, I guess there’s nothing I can say to you. And they said no, because I want somebody who really, really loves the Constitution.

And here, I wanted to thumb the transmit button on the radio and ask, “If you love the Constitution, Senator, what’s your favorite enumerated power?”

In my fantasy, the scene changes, dreamlike, and I am now confronting a generic politician at a town meeting or Tea Party. In the minds of most politicians, I suspect, “Love the Constitution” is a meaningless phrase, sort of like, “uphold and defend” or “enemies foreign and domestic”. It’s just one of those things you have to say to take office so you can ruleguide your flock taxpayers constituents to healthy, safe, and productive lives; get yourself some kickbacks, and maybe enjoy some of that intern nookie.

I let him stumble for a bit. He probably thinks, “the Power To lay and collect Taxes, Duties, Imposts and Excises,” but of course he can’t say that out loud. Maybe he takes a stab at providing for “the common Defence and general Welfare”, or “securing the blessings of Liberty”, or even securing “life, liberty, and [the] pursuit of happiness” for the people.

He pauses, and I ask, “Want to know my favorite power?”

He is wary, but nods.

“The power of the people to keep and bear arms.”

“But…but…that’s not a power, that’s a…that’s why we have the National Guard!”

One of the debasements I’m talking about is the blurring of rights and powers, but what that usually does is to dilute rights and disguise tyranny. For instance, there’s the supposed right to health care, something which is really an individual responsibility, but which has been converted to an excuse to exert control. You also often hear that the police have the right to search you under various circumstances, but that’s not a right at all, it’s a delegated power. The cleverness here is that “rights” are good things. When something is declared a “right”, we automatically nod our heads.

I want to blur in the other direction, but in so blurring, reveal:

The purpose of the Constitution, as I see it, is to define the structure of our government, to define its powers, and to limit those powers, primarily in the Third through Eighth Amendments.

The first two Amendments, however, create the fourth branch of government which balances the other three: We, The People. The Ninth and Tenth Amendments bolster that branch, but those first two Amendments give us specific powers, in keeping with the overall purpose of structuring the government. They are not delegations, though; they are reservations. (To clarify: We often say that the Bill of Rights does not grant those rights, but merely protects natural rights we possess independently of any government or mere document, and that’s true, in our private lives. Here, however, I speak of The People as that virtual Fourth Branch, which must have its powers enumerated.)

We rule here, not our elected officials; they can only lead, using powers that come from us, powers that we delegate to them but do not necessarily give up ourselves, even if we only exercise them via the light reins of election.

The First Amendment is all about reserving to us, the people, the power to decide the direction of the Nation ourselves. Freedom of Religion preserves our consciences, our power to decide for ourselves in our own minds what is right and wrong; Freedom of Speech is our power to express our consciences and persuade our fellows; Freedom of Press is our power to subpoena the government and its agents and make their words and deeds public, to inform ourselves about the world at large, and to broadcast our knowledge, ideas, and opinions to an audience larger than our voices can reach; Freedom of Assembly is our power to debate and decide in aggregate, and to form ad hoc congresses and committees; Freedom of Petition is our power to grab our elected and appointed watchdogs by the scruff of the neck and scold them when they chew the furniture, piss on the rugs, bark at the moon, or snarl at family, friends and neighbors.

The Second Amendment reserves our power to shoot the damn curs when they go rabid and attack us.

When you consider the First and Second Amendments in this way, attempts by the government to limit or infringe those rights are exposed as attempts of one branch of government to usurp the powers of another. It is as if during the State of the Union address, soldiers equipped with riot gear and rifles stationed themselves around the chamber, while the President announced a list of bills he wanted passed….

In any event, the First and Second Amendments at least protect protect personal rights, and thus cannot be lightly dismissed. Instead, they have been simply redefined, and their original purposes deliberately obscured and forgotten.

The First Amendment has been debased by trivializing and debasing the activities it was meant to protect: Freedom of Religion converted to freedom from morals; Freedom of Speech converted to freedom of cussing; Freedom of Press to freedom of porn; Freedom of Assembly to freedom of riot; Freedom of Petition to freedom of whining.

The attack on the Second Amendment continued the strategy of debasement. First, it was redefined as the freedom to decorate our mantles with antiques, to punch holes in paper from yards away, and to shoot Bambi’s Mom. This last was brilliant, as it converted providing food to cruel sport (something that evil, capitalistic entrepreneurs made possible by turning food into a commodity). That approach was then extended to convert a right of the law-abiding and peaceable to an excuse for the criminal and racist, an excuse which obviously must be abolished. Meanwhile, the right of self defense was dismissed as corrupt bourgeoisie vigilantes oppressing the poor and disenfranchised. There’s also been an attempt to redefine it as the right of the State to protect itself against us, although that “collective” interpretation is beginning to crumble.

In these ways, our competency for self rule has diminished from the fundamental assumption the Constitution was meant to defend, to a fantasy that only the deranged even mention.

In these ways, language meant to protect our right to self-sovereignty has been defanged, defamed, and demolished, making it impossible to even talk about our power to rule ourselves.

In these ways, we have been debased from citizens to mere subjects.

[I really want to go through the Bennett interview line by line; it exemplifies perfectly why the traditional parties and media are so lost.]

Also see:

Right and Left