Monday, March 22, 2010
The 219
“Interstate Commerce? What does that mean when people are sick?”
The federal courts have long held that insurance is a state matter and not covered by the federal power to regulate interstate commerce, because no physical product actually changes hands. Although after Raich vs. Gonzales, it seems that the feds can now use “interstate commerce” to do anything they damned well please. Angel Raich lost her appeal because the Justice Dept. argued successfully that the six marijuana plants that she grew on her back porch affected the interstate price of marijuana; even though they admitted that she had never sold any of it, and that it was for her own use.
The biggest blow is the hit to the cherished American concept of personal responsibility. It now becomes collective responsibility.
Interestingly, in Canada, with its full-on “single-payer” healthcare system, there seems to be no legal mandate for emergency rooms to treat foreign citizens. Administrators have been known to actually stop treatment for Americans injured in auto accidents until they could determine that the patient had private health insurance that the hospital could bill. On the web I found an interesting first-person account of this from an American physician who was licensed to practice in several U.S. States and Canadian provinces.
I wonder how American hospitals handle billing ER costs for Canadians injured in auto accidents in the U.S.? Anyone know?
A likely legal outcome of HCR is that the individual mandate to buy health insurance will be found to be unconstitutional. That will not affect the universal coverage requirement of HCR, so where will the money come from if the feds can't compel everyone to buy health insurance? The federal treasury, natch. One way the feds might try to make up this deficit is by raising personal income tax rates while simultaneously allowing people who have their own health insurance to deduct every penny of it on their personal income tax returns. It's already deductible now, of course, but it's “means tested” against your AGI (“Adjusted Gross Income”). Ending the “means testing” for health insurance premiums would create yet another yawning federal deficit unless there were a countervailing personal income tax increase. This would be a back door method for compelling everyone (or every tax-payer, anyway) to purchase health insurance without offending the Constitution, but it involves a tax increase, and a big one.
One of the best arguments for universal coverage (although not the HCR Act) is the high cost of the huge number of people who use emergency rooms as their personal physicians. ER care is very expensive, and many of these folks could be treated better, and much less expensively, if they had a personal physician. But federal law requires ERs to treat and stabilize every patient who shows up, irrespective of ability to pay, and the hospitals pass the costs for that on to everybody else in the form of higher overhead, higher fees for services for patients who can pay. This is one of the reasons (of many) that healthcare costs in the U.S. are as high as they are. And the theory is that once everybody is insured, hospitals will reduce their fees commensurately.
I don't think so!
I think the hospitals will keep their rates just where they are and bill the federal government for treatment of uninsured people in their ERs. No cost savings at all, just more demands on the federal treasury.
One commenter on the internet said something like:
Somewhere in America there is a 500-lb woman with diabetes who just ate half a birthday cake and smoked her fifth cigarette of the morning. She can't afford health insurance, and we're gonna buy it for her.
I predict that large numbers of uninsured people will continue to show up in ERs and experts will wonder, “How can this possibly be?” The hospital administrators will push a clipboard of forms at these people, who will fill them out with false names and addresses, and get on with their lives. They don't want the “authorities” to know where they live or where they work, because it could cost them big bucks – get their wages garnished, for example. And this, in turn will create a demand in Congress for national identity cards; it's to prevent fraud, you see? It seems that a lot of the uninsured work at a variety of “day laborer” or temporary or part-time jobs or in the “cash economy”. These folks are not eligible for health insurance from their employers now, nor will they ever be: they change jobs too frequently for that, even under the new HCR Act. They don't have bank accounts, they don't own property, and they may not even have a fixed address. The idea that the feds will somehow be able to pin these folks down and get them to contribute to the costs of the new healthcare system is laughable.
Unless the HCR Act is repealed or amended, within a few years, the Dept. of Health and Human Services will begin issuing health insurance cards to everyone. These will be personal cards, issued to every American citizen (or “resident”, and that's a whole 'nother can of worms, isn't it?) and they will be extremely tamper-resistant. They will replace your current “Blue Cross” card (“too vulnerable to fraud, you know!”) and in fact, your own insurance company will stop issuing insurance cards in favor of the HHS card. These cards will become a defacto national identity card. Soon after that, the Transportation Security Administration will announce that these cards are now accepted as personal IDs for the purpose of air travel in the U.S. Then a few years later, the TSA will declare that these cards are mandatory for air travel (“compared to driver's licenses, they're more resistant to fraud and tampering, you know!”). The feds will attach a “rider” to a state highway bill mandating that states require drivers (and later, passengers) to carry these cards when traveling in a motor vehicle. Take that, Utah! Take that, New Hampshire! You will face sanctions if you do not carry this card on your person at all times.
At that point we will have a system of “internal passports”.
Friday, March 19, 2010
The Tea Parties, The Constitution, And You
Interesting essay in the NYT by their Supreme Court correspondent about renewed interest in the U.S. Constitution. Excerpt:The Supreme Court’s 2008 ruling that the Second Amendment protects an individual right to own guns, as opposed to one tied to militias, is another example of a transformation of a conventional understanding, Professor Levinson said, this one based on a view of the Constitution pressed by the National Rifle Association and its politically engaged supporters.
Thursday, March 18, 2010
Chicks Rule, II
h/t Maddened Fowl, via Buckeye Firearms.Mansfield, Ohio - The influx of new concealed carry permits comes as the image of the average gun owner -- a middle-aged man -- is changing.
At a recent gun show in Mansfield, where vendors peddling everything from flak jackets to military meals ready-to-eat gave the event the feel of a survivalists convention, more than a few women milled around among the scores of men buying or looking.
"Since the CCW permits, more women are getting their CCW permits than men," said David Holden, 43, owner of an East Canton gun shop and one of the show's sellers. "Women are the driving force in the gun sales."
Wednesday, March 17, 2010
1941: U.S. Army Report Criticizes Garand Rifle
Interesting in light of subsequent events. I believe we won that war.
Patton: "The greatest battlefield implement ever devised."
That sort of thing.
h/t Say Uncle.
Tuesday, March 16, 2010
The Other Woman
John Edwards' mistress, Rielle Hunter, gives her first interview, in GQ.And of course, there's already a "making of" video:
There's a lot of bitterness and vitriol on the Web, but my favorite is this limerick:
Rielle said she went with the flow
In GQ & let her skin show.
Had she been less reckless
And got a pearl necklace
Then Johnny's seed never would sow.
Monday, March 15, 2010
My "Slaughter" Amendment
Except as provided for elsewhere in this Constitution, neither house of Congress shall conduct any business except by a simple majority of those present and voting. The term "business" shall include, but not be limited to, any question, motion, resolution, ruling or vote.
Sunday, March 14, 2010
Pelosi "Deems" Elections Unnecessary
Why not have an up or down vote on the Senate bill? Because it will fail. It will fail because representatives get to go before the voters every two years.
That is why the “deems” foolishness is unconstitutional. They may as well “deem” they have been reelected.
And:
Don’t give them ideas; There are probably some of them who’d argue, in all seriousness, that they could do exactly that under the Constitutional language that, “Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members”
And:
“If this is done, this will create the greatest Constitutional crisis since the Civil War. It would be 100 times worse than Watergate.”
And:
If the “Slaughter Solution” is allowed, then this is a damning indictment against our government. It might very well be time to dissolve it.
And:
When the Republicans take back the House, can they adopt a rule which “deems” that whichever Democrats who are still in office have tendered their resignations even if none of them have actually resigned?
And:
This is without a doubt the scariest thread I’ve ever seen on this site, the more so because of Kopel’s silence in the face of these lunatics. It took less than two hours for the first threat of violence to appear. Not a promise to push for a court challenge, or for the electoral defeat of representatives, or to amend the Constitution to explicitly forbid this action, but the murder of elected officials and the overthrow of the US Government.
When it comes to these threads, especially when you specifically solicit comments, qui tacit consentire videtur is not an unreasonable presumption. For the love of God, Dave, speak the hell up and denounce these psychopaths.
And:
Americans will indeed exhaust every reasonable non-violent means of resolving unconscionable usurpations of the Constitution long before they turn to revolution. However, no wanna-be despot should make the mistake of assuming that Americans will simply lie down and allow them to destroy democracy. Let’s not forget that even Humbert Humphrey observed that despotism seems remote in contemporary America, but it is always possible.
There are simply some lines that no sane man crosses, and some Dems are coming close to crossing those lines. If warning them by reminding them of American history and of the character of Americans prevents unconstitutional usurpations, we are all the better for it, and violence, which no one is suggesting is imminent, may be avoided.
The Slaughter Solution
Any representative who votes for this is a traitor who is mounting a coup against the Constitution of the United States. Pass it, and about 80 million otherwise law-abiding citizens would consider justice served if each and every one should be summarily seized, marched against a wall, and have their heads blown off by a firing squad. Even better if it were televised nationally pour encourager les autres.These foolish, selfish little children playing at government have no idea of how dangerous the game has become.
The "Slaughter" Solution indeed!
In other news, isn't there a Second Amendment March being planned for April?
Social Security
That's the good news.
The bad news?
According to Barbara Kennelly, a former Democratic congresswoman from Connecticut who is now president of the National Committee to Preserve Social Security and Medicare:
"Those bonds are protected by the full faith and credit of the United States of America," Kennelly said. "They're as solid as what we owe China and Japan."
Saturday, March 13, 2010
Kirstin Loves Mikey...

The mayor went to Ms. Gillibrand's Washington office, prepared for a robust debate on gun issues. After all, Ms. Gillibrand, who had represented an upstate Congressional district, had long opposed gun restrictions, and the mayor was a leading advocate of them. Instead, she offered to introduce an antigun bill, according to two people with direct knowledge of the meeting.
But rather than reassuring him, the offer aroused suspicion that Ms. Gillibrand lacked conviction, a grievous flaw in the eyes of a man who prides himself on his willingness to stand up for principles, whatever the political cost.
"It was the worst thing she could have done with Mike Bloomberg," said a top Bloomberg adviser who spoke on condition of anonymity because he was not authorized to discuss the episode publicly.
The sense that she was wishy-washy stuck with Mr. Bloomberg, who complained about it to one of her colleagues, Representative Carolyn McCarthy, a Long Island Democrat who had openly talked about running against Ms. Gillibrand for the Senate. Interactions between Mr. Bloomberg and Ms. Gillibrand have been rare since.
Weird! The more she endorses gun control, the more suspicious he becomes. We all knew she was an unscrupulous, unprincipled, self-aggrandizing phony anyway. Maybe Bloomberg already has enough of those in his MAIG organization.
Thursday, March 11, 2010
Wednesday, March 10, 2010
Dum-Dum and Cordite
Over at Tam's there's a thread about expanding bullets that sent me off on a web-wander and here's some of the places I went and the thangs ah seen!
Over at The Box Of Truth I found this picture:
Caption:Apparently there is such a city in India, actually a municipality of the larger city of Kolkata. Dum Dum was the site of a British armory and jail. Gandhi was jailed there in 1946.
The one on the left is a round from the Indian ammo factory in Dum-Dum India.
The middle one is a round of WRA, loaded with Ball powder, surprisingly.
The one on the right is from the Royal Laboratory in Woolwich Kent, England.
It was loaded with the Cordite that you can see there.
You can also see the small piece of cardboard that covered the Cordite.

FirstWorldWar.com says,
The 'dum-dum' was a British military bullet developed for use in India - at the Dum-Dum Arsenal - on the North West Frontier in the late 1890s.
The dum-dum comprised a jacketed .303 bullet with the jacket nose open to expose its lead core. The aim was to improve the bullet's effectiveness by increasing its expansion upon impact.
The phrase 'dum-dum' was later taken to include any soft-nosed or hollow pointed bullet. The Hague Convention of 1899 outlawed the use of dum-dum bullets during warfare.
During the First World War the Belgian government faced German charges of having used dum-dum bullets in battle. Kaiser Wilhelm II wrote a telegram to U.S. President Woodrow Wilson on 7 September 1914 protesting such use; the Belgians strongly denied the Kaiser's charges.

The city of Dum Dum is still a going concern, as can be seen from this commercial notice I found, an RFP for Hewlett-Packard computers:

Monday, March 8, 2010
Open Carry

The open-carry movement is a wild card in gun rights advocacy and in some ways is to the N.R.A. and other mainstream gun rights advocacy groups what the Tea Party movement is to the Republican Party.
Never Bring A Knife To a Gun Fight, III

This month's episode of Never Bring A Knife To A Gunfight comes to us from Memphis, Tennessee. The knife-wielding wacko was slain.
Fans of the series may recall NBAKTAGF: Maryville.
And who can forget NBAKTAGF: Indianapolis.
"Guns" by Victoria Jackson
Victoria Jackson is a comedian and actress who used to appear on Saturday Night Live. Her specialty was playing "the ditzy blonde". In this essay, she begins:
I have a gun. It has never shot anyone. Not even people I’m mad at. It just lies there, like it’s sleeping.I bought it in 1986 when Richard Ramirez was on a killing spree in Los Angeles and I had a new baby. You know, the guy who used his victim’s blood to paint pentagrams on their walls? They said he liked yellow houses. I lived in a yellow house in Laurel Canyon. It was hidden in the trees far away from other houses so no one would even hear us scream.
So, I bought a gun to protect my daughter.
Click on the picture to read the whole thing. She continues:
My husband Paul shot and killed a man. Paul is a cop. Actually, it happened to be the night he was flying from Miami to NY to see me at Saturday Night Live for his first time. We were dating long distance. Maybe he was anxious to see me or something. He had to stay up all night filling out paperwork and getting counseling, because I guess that’s what happens when you shoot someone. He finally got to SNL and I was on the stage getting out of an alien space ship with eyeballs on my nipples because we were doing a sketch about a planet where women’s eyes have mutated to their nipples because men stared at women’s chests for so long. Kirstie Alley was our leader. I said, “Paul this must be so surreal for you…to kill someone… and stay up all night…and see me in a spaceship.”
Paul said, “It is.”
When I introduced him to the cast, Mike Meyers said, “Hey, you got any war stories? Ha, ha!”
Paul said, “I killed a man last night.” Silence.
I realized our worlds were completely opposite. But we do have some things in common.
1) We both like donuts
2) We both could die, him for real and me onstage, and they’re equally painful, and
3) We both get rewarded for a big bust!
Funny stuff!
h/t Frank W. James.
Sunday, March 7, 2010
Friday, March 5, 2010
Robert T. McCall
Visionary space artist dies at age 90. He did some amazing work, including the famous poster for the movie "2001 - A Space Odyssey" showing a sleek spaceship docking with an enormous wheel-shaped space station.Obit in the NYT.
Thursday, March 4, 2010
"To Roosevelt! To Stalin! And To Studebaker!"
Wandering around the web looking for info on Joseph Beyrle, I found a story about an exhibit of his exploits in the Russian Museum in St. Petersburg, which opened on February 18th. Here's a quote from the story:
The ambassador said Russian soldiers were grateful for billions' worth of Allied military aid sent to the Soviet Union during the war — including U.S. Studebaker trucks.
He said he and his sister asked their father if he ever drank vodka with the Russians. "'Yes, we drank vodka,' he would reply. 'And here is a toast we had: To Roosevelt, To Stalin, To Studebaker!'"
The exhibit includes his boots, uniform, decorations and the telegrams notifying Beyrle's parents of his capture. The exhibit moves to Moscow on May 6th.
Man, I would LOVE to see that! With his son now the ambassador, I wonder if the Smithsonian could borrow that exhibit?
Ambassador Beyrle said that when he was studying Russian in the old Soviet days, a lot of Russians were suspicious or hostile until they heard his name. Then they would ask, "You aren't by any chance related to Joseph Beyrle, are you?" Apparently his father is a well-known "footnote character" from the Great Patriotic War (as the Soviets called WWII) and just about every Russian has heard of him. Sorta like being related to Betsy Ross or Lafayette. So his father's name was a great ice-breaker, and he spent many days and nights as the honored guest of ordinary Russians.
Joseph "Jumpin' Joe" Beyrle
Joseph Beyrle's mug shot, taken at Stalag XII-A.I like his expression here; he seems to be saying,
"You ain't seen the last of me, Fritz. Not by a long shot."
In the news today, the U.S. Ambassador to Russia, John Beyrle (“BUY-early”) returned a silver medallion that had once belonged to Czar Nicholas. The medallion had been stolen from the Hermitage Museum in St. Petersburg.
Ambassador Beyrle is the son of Joseph “Jumpin' Joe” Beyrle, who gained fame as the only American in World War II to serve in both the American Army and the Soviet Red Army.
On D-Day, Beyrle, a paratrooper in the 101st Airborne, was dropped miles from his intended drop point. Captured by the Nazis, he was placed in a POW camp. As the Allies pushed eastward, Beyrle was transferred to one camp after another, moving continually closer to the Russian Front. After several unsuccessful escape attempts, he could finally hear the Russian artillery in the distance and made one final, successful attempt to escape.
He reached the Russian lines and surrendered, using the only Russian he knew: “Tovarisch Amerikanski!” All of his uniform and insignia had been taken away from him by the Nazis, but the Russians found an officer who spoke a little English and they were able to establish that he was an escaped American POW.
Beyrle wanted to continue fighting the Nazis and the Russians said they needed a turret machine-gunner on one of their tanks, so Beyrle was given a Russian uniform and was shortly traveling westward to get a little payback.
It didn't last long. After about a month he was wounded in a dive-bombing attack by a Stuka and was evacuated to a field hospital. Red Army commander Zhukov made an inspection tour of the hospital, possibly to make sure that the doctors weren't wasting their time on wounded Germans, and when he heard that there was American in the hospital he asked to see him. Through an interpreter, Beyrle told Zhukov his story. Zhukov spoke to one of his subordinates, who snapped to attention and saluted. The next day Beyrle received a letter, on ornate official letterhead, signed by Zhukov. He couldn't read it, of course, but the Russians in the hospital were very impressed.
When he was well enough to travel, he asked to go home, and the best way to do that was through Moscow. So he boarded a train for the trip, which would take several days. There were KGB agents on the train, and more at each station platform. All the passengers' papers were checked at each stop. The whole area was crawling with POWs, refugees, displaced persons, collaborators, black marketeers, deserters, etc. Beyrle didn't even have a train ticket and spoke only a few words of Russian. So every time he was asked for his papers, he produced the letter from Zhukov.
The effect was electric. The KGB agents snapped to attention and saluted. They even told a Red Army colonel that he would have to give up his private stateroom for an “important passenger”. The colonel protested, and the KGB tossed him out into the train corridor and told him to go find a seat with the enlisted men.
When Beyrle reached Moscow, he was taken to the American embassy and his letter was taken from him. The U.S. Army had listed him as KIA on June 10, 1944. After establishing his identity, he was issued a new passport and set off through the Black Sea to Port Said, Egypt then Naples, Italy. He celebrated V-J day home in Chicago.
After the collapse of the Soviet Union in 1989, an exhaustive search of the KGB files was made to try to find Beyrle's letter. It could not be found. One can only guess at what it might have said.
Jumpin' Joe Beyrle died in 2004.
When Editorials Are Outlawed...
Somebody in Chicago must've seen a bumper sticker and it changed his mind. At last.
The result is a really breathtaking editorial in this morning's Chicago Tribune, "Chicago's Pointless Handgun Ban - City Gun Ordinances Proved To Be A Failure".
Excerpt:
In the years following its ban, Washington did not generate a decline in gun murders. In fact, the number of killings rose by 156 percent — at a time when murders nationally increased by just 32 percent. For a while, the city vied regularly for the title of murder capital of America.After all of the decades, and all the barrels of ink, that newspaper editorial writers used to mock the slogan, "When guns are outlawed, only outlaws will have guns," they finally admit that it was actually true.
Chicago followed a similar course. In the decade after it outlawed handguns, murders jumped by 41 percent, compared with an 18 percent rise in the entire United States.
One problem is that the bans didn't actually have any discernible effect on the availability of guns to people with felonious intent. As with drugs and hookers, when there is a demand for guns, there will always be a supply.
Who places the highest value on owning a firearm? Criminals. Who is least likely to fear being prosecuted for violating the law? Criminals. Who is most likely to have access to illicit dealers? You guessed it.
Except why use 9 words when 900 will do.
h/t Maddened Fowl.
Tuesday, March 2, 2010
NYT On McDonald
The Heller case placed limits on what the federal government could do to regulate guns, and the issue before the court now was whether the Second Amendment applies to state and local laws as well. It seemed plain that at least the five justices in the Heller majority would say yes without reservation.link.
More Progress In The Old Dominion
YES!!!!! A clean sweep!
SB 334, Senator Hanger's restaurant ban repeal has PASSED the House UNCHANGED by 72 to 27! (Delegate Morrissey wasted everyone's time on the floor asking inane questions about the bill until they got fed up).
SB 408, Senator Vogel's bill to allow non-CHP holders to have a loaded handgun in a locked container or compartment in their motor vehicle or boat PASSED UNCHANGED by 74 to 25!
SB 3, Senator Smith's bill to allow CHP holders to renew their permit through the mail passed UNCHANGED by 81 to 18!
These bills will be signed by the Governor in about a week. They go into effect July 1, 2010.
McDonald Transcript Released
Favorite exchange:
JUSTICE BREYER: You are saying they can have -- no matter what, that the city just can't have guns even if they are saving hundreds of lives, they cannot ban them?
MR. GURA: The city cannot ban guns that are within the common use as protected by the right to arms.
JUSTICE SCALIA: There is a lot of statistical disagreement on whether the Miranda rule saves lives or not, whether it results in the release of dangerous people who have confessed to their crime but the confession can't be used. We don't -- we don't resolve questions like that on the basis of statistics, do we?
First Reports on McDonald
First of all, Shortshanks [Mayor Daley] is going to lose out on tens of thousands in sales taxes as all gun shops are currently located in the suburbs. This amuses us.
Second, he's going to waste millions more attempting to make registering a gun nearly impossible. He's going to lose those cases in court because even if he wants to "tax" a Right guaranteed by by Constitution, he cannot make it so exorbitantly expensive that regular citizens are frozen out of the process. That means your Englewood resident is entitled to be able to own a legal handgun the same as a Gold Coast condo dweller is.
We may have to wait until June, but today it looks like Chicagoans were restored a Right that an out-of-control despot had deprived them of for years and the despot looked like a complete ass while it happened and was weakened politically once again.
Justice Scalia said the “privileges or immunities” argument was “the darling of theprofessoraetVolokh Conspiracy commenters” but wondered why Gura would “undertake that burden.”
And "Justices Signal End To Chicago Gun Ban" from the Chicago Tribune:
At one point during the argument, Justice John Paul Stevens suggested the right to bear arms could be limited to homes. A liberal who dissented in the earlier gun-rights case two years ago, Stevens said the court could rule for the Chicago homeowners and say they had a right to a gun at home. At the same time, the court could say it is not "a right to parade around the street with a gun," Stevens said.Josh Blackman's blog:
But that idea got no traction with the other justices, and a lawyer representing the National Rifle Association said the court should not adopt a "watered down version" of the 2nd Amendment.
Unsurprisingly, Justice Breyer fixated heavily upon the statistics showing the dangers of guns. If the right is incorporated, public safety decisions would be made by judges. If the right is not incorporated, public safety decisions would be made by legislators, who can consider the danger of weapons. Every case involving the second amendment, according to Justice Breyer, considers life versus guns.
To this, Gura replied that the Court should consider the case in the same fashion they considered Heller. Breyer proceeded to disagree with Heller, though he noted that “that was the dissenter’s view.” Justice Scalia retorted that Miranda rule releases dangerous people, and does not save lives. The Courts should not resolve questions on that basis.
Big Mac, VII
The line of spectators beginning to move into the building. If you look closely, Sebastian and Bitter can be seen at the lower left corner.
After the oral arguments, the NRA's LaPierre, Clement and Cox spoke to the press.
Otis McDonald and the other plaintiffs walk from the building to the press area.
Alan Gottlieb, Otis McDonald, the ISRPA guy and Alan Gura.
Fox anchorwoman got down in the trenches and stood in a snowbank to make notes during the interviews. Note the Louis Vuitton bag.I had a nice chat with Sebastian and Bitter. They seem to be on a first-name basis with everybody at the NRA. Nice folks, too!
UPDATE: The New York Times on the early birds:
WASHINGTON — Mike Sacks likes to be the first person in line for big Supreme Court arguments, and he was feeling pretty confident when he arrived at the court Monday morning around 8, 26 hours before the court would hear a big gun-control case.
But he found a couple from California already set up in lawn chairs. Robert Cumberland and Larken Euliss, two chemists from California, had arrived before dawn.
“I felt bad for him,” Mr. Cumberland said of Mr. Sacks. “But I’m not going to abdicate. I flew across the country for this.”
Mr. Cumberland wore a button that said “Guns Save Lives,” and he said the case to be argued on Tuesday, McDonald v. Chicago, was “going to force states like California to recognize that the Second Amendment is an individual right.”
Working The Phones
Sent on the Sprint® Now Network from my BlackBerry®
SCOTUS Update
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Outside The Supreme Court
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Monday, March 1, 2010
Alan Gura Here, Too
I feel privileged to be here. Or maybe immunized.
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McDonald and Heller!
WOW!
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Friday, February 26, 2010
And Now, It's Molson Time!
He Doesn't Have A Clue
Some readers and Senators may be interested in his viewpoint on Second Amendment and other constitutional issues related to firearms policy. So here’s an excerpt from his article Separation Anxiety: Congress, The Courts, And The Constitution, 91 Georgetown Law Journal 439 (Jan. 2003). Liu’s co-author on the article is Senator Hillary Rodham Clinton. The article is based on a 2002 speech that Senator Clinton presented at Georgetown, sponsored by the American Constitution Society. Senator Clinton and Professor Liu criticize recent Supreme Court decisions declaring two federal gun control laws unconstitutional.
Liu and Clinton were upset that SCOTUS overturned the Gun-Free School Zones Act. Here's a brief excerpt from Liu and Clinton's article:
The Gun-Free School Zones Act passed the House by a vote of 313 to 1; it cleared the Senate by unanimous consent. . . . But even more astounding than the Court’s willingness to override commonsense legislation with such broad support is its eagerness to do so in terms which are deliberately designed to exclude Congress—and by extension, the American people—from playing a part in defining what the Constitution requires and what it permits.To which a commenter responds:
That would explain why Article 1, Section 8 starts out “Congress shall have Power to do the following things (unless, you know, they want to do more than that).”
Wish I'd said that!
This guy's nomination should be vigorously opposed by every American who believes that the U.S. Constitution actually, you know, means something.
Big Mac, VI
Oral arguments at the Supreme Court are at 10:00 AM Tuesday, March 2. If you plan to attend, you should be in line no later than 1 AM, as seating is very limited.
On Wednesday, March 3, CATO is sponsoring a "Capitol Hill Briefing" on McDonald at 12 noon in room B-340 of the Rayburn House Office Building. Again, open to the public without charge but you should register here. Includes the famous Milton Friedman Memorial Free Lunch.
UPDATE: here's a USAToday profile of Otis McDonald.
h/t Arms And The Law and Maddened Fowl.Useless Laws
h/t Say Uncle.
And after that, maybe Congress can repeal the mohair subsidy, the national helium reserve, and the temporary tax to fund the War of 1812.
Wednesday, February 24, 2010
Look Out, Wyoming!
By the time the Virginia General Assembly finishes its work, the Old Dominion will have a score of no more than 12, and possibly as low as 10. That would put our state in a three-way tie with Wisconsin and Wyoming.
That would be great! A seven-point improvement in just one session of the legislature.
So, look out, Wyoming! And Texas? We've got our eye on you.
One-Handgun-A-Month
We supported one-gun-a-month in 1993. But we have long argued that statutes and programs should not have eternal life. Otherwise America will gradually be smothered by relics such as the mohair subsidy, the national helium reserve, and "temporary" taxes dating back to the War of 1812.
h/t VCDL.
New York Times, Again

In Virginia, the success of new pro-gun laws is partly a result of the Republican Party’s taking the governor’s office after eight years of Democratic control.
A major setback for state gun control advocates was this week’s House vote repealing the one-gun-per-month law, which was passed in 1993 under Gov. L. Douglas Wilder, a Democrat, and has long been upheld as the state’s signature gun control restriction.
Supporters of limiting gun purchases to one a month said the law was important to avoid Virginia’s becoming the East Coast’s top gun-running hub. Opponents dismissed the concern.
“We shouldn’t get rid of our Second Amendment rights because some people in New York City want to abuse theirs,” Robert G. Marshall, a Republican delegate from Manassas who supported repeal of the one-gun-a-month limit, told reporters.
Gun control advocates hoped to win new restrictions after the Virginia Tech massacre on April 16, 2007, in which a student, Seung-Hui Cho, shot and killed 32 people before turning a gun on himself.
After the shooting, Gov. Tim Kaine, a Democrat, pushed for stronger gun control measures. But last year the legislature rejected a bill requiring background checks for private sales at gun shows and repealed a law that Mr. Kaine had supported to prohibit anyone from carrying concealed weapons into a club or restaurant where alcohol is served.
In previous years, the guns-in-bars bill cleared both chambers but was vetoed by Mr. Kaine. But the new governor, Robert F. McDonnell, has said he supports the measure.
Virginia is also considering a measure adopted in Montana and Tennessee that declares that firearms made and retained in-state are beyond the authority of Congress. The measure is primarily a challenge to Congress’s power to regulate commerce among the states.
Tuesday, February 23, 2010
Boston's Gun Bible
The Amazon Man (surely an oxymoron) just left me one of their nice smiley boxes and inside was a brand-spankin' new copy of Boston's Gun Bible, one of my favorites.
I have just about worn out my first copy, plus I wanted to read what Boston had to say about the Supreme Court's Heller decision. He thinks it's a sell-out and a Trojan Horse. I disagree. I think it's a hard-fought victory, even if only one battle in a long war to restore the Second Amendment. But his reasoning is intriguing and thought-provoking.
The original BGB was published in 2000, with minor revisions in 2004 and 2005.
There are said to be ten new chapters and 200 additional pages in this latest edition, a total of 848 pages. If you've got a copy you already know that it has the oddest layout, typography and pagination of any book that you (or I) have ever seen. Italics, bold face, underlined text and all-caps run riot through the book and at first I found this very off-putting. But I pressed on and eventually came to like the format: it makes the text read a lot like the spoken word, if the speaker is keyed-up and excited about his subject, and Boston sure is that!
The downside, though, is that each chapter is paginated separately; for example, the last page of the text is paginated "46/8". There is no index, so it's hard to look things up. At first I found this very annoying, but I discovered, as I flipped through the book looking for something, that I was stumbling on new and fascinating items that I might have otherwise missed. So a bug became a feature.
There really isn't much new here about firearms that you can't find in ten or fifteen other books, and that's one of the beauties of it: it's all here between these green covers. Plus Boston says things that corporate publishers are sometimes reluctant to put into print, for fear of being too provocative or incurring potential liability.
The book does not cover hunting or other shooting sports or disciplines. The focus is on the concept of "American Riflemen" and "American Riflewomen"[1] and becoming an "armed libertarian".
Available at Amazon or Brownell's.
1) The spell-check dictionary in Firefox has no problem with "riflemen" but flags "riflewomen" as a misspelling; how can we fix that?
"He Died Of Natural Causes"
In 2006 in Polk County, Florida, a man wanted for skipping bail was pulled over for speeding. He shot both officers, killing one, then fled into a wooded area. Police surrounded the area and when the man pointed a gun at them, the police opened fire.
Later, the Florida Civil Rights Association complained police had shown disregard for human life and had used excessive force.Here is a contemporaneous news story of the incident. The quote from the Sheriff seems accurate, if not verbatim, but I can't find a source for the marvelous quote from the Coroner. It may be apocryphal, but irresistible! The medical examiner at the time was a woman, Vera Volnikh, and the quote refers to a "he".
"Why did you shoot this poor, undocumented immigrant 68 times?” Sheriff Grady Judd was asked.
“Because that was all the ammunition we had,” he replied.
Sheriff Judd was subsequently re-elected with 99% of the vote.
When the coroner reported the guy had died of natural causes, he was asked how this could be, with 68 bullet wounds? He replied: “When you’re shot 68 times, you’re naturally gonna die.”
They don’t fool around in Florida!
Sunday, February 21, 2010
Concealed Carry In D.C.?
Saturday, February 20, 2010
Lawyer Regrets Calling Client "Wacko"
The defense attorney appointed to represent an Alabama professor accused of shooting her colleagues said Friday he regrets describing her as "wacko." But at a news conference, Roy Miller said "something's wrong with this lady."
-CNN
Friday, February 19, 2010
Thursday, February 18, 2010
Bitter Clingers
One commenter said, "I'm all for the one gun a month limit -- just as soon as the editors of the Washington Post accept a "one newspaper a month" publication limit upon freedom of the press."
h/t Snowflakes In Hell.
And in a related story: hundreds of new handguns have been brought into the District of Columbia and registered after the Heller decision. Has there been an explosion of gun crime in D.C.? No. Have any of these guns been used in a crime? No. Has there been any coverage in the Post of this astounding anomaly? No.
Tuesday, February 16, 2010
Common Sense Gun Laws
Newbius has a great progress report.
These bills have passed in the House and are on their way to the Senate:
- repeal "one-gun-a-month"
- CHL data only available to law enforcement (CHL applications, too!)
- Castle Doctrine
- Virginia Firearms Freedom Act
- Fingerprinting no longer required for CHL applications
UPDATE: the "restaurant-carry" bill was passed by the Senate and sent to the House.
Never Bring A Knife To a Gun Fight
Link.
From the comments:
Want to know the funny thing about this story? Mr. Dunkelberger actually said to Mr. Dresseler when drawing his gun 'don't bring a knife to a gun fight.' The not so funny thing is that the man he was protecting was my father. I am forever thankful to Mr. Dunkelberger for stepping up and potentially saving my dad's life. The aggressor Mr. Dressler posted $20,000 BAIL within a few hours. Any guesses on what he does for a living? I have a few of my own... Must've felt like a big man being 26 picking on a 56 year old man. Lesson learned though- our entire family will have our gun carry permits ASAP!
h/t Say Uncle.
Sunday, February 14, 2010
Saturday, February 13, 2010
NASA Launches David Bowie Concept Mission
The heroic, genre-defying crew (L-R): Maj. Tom Louis, Maj. Tom Greely, Maj. Tom Ohweiler, Maj. Thomas Sinclair, and Maj. Tom Keenan.The Onion.
Also:
Terry Gilliam Barbecue Plagued By Production Delays
























