And the dominoes start to fall!
This is great stuff from the Wisconsin DA and you can read about it from Mike Stollenwerk on the DC Gun Right's Examiner by clicking the link on the post title. (Additionally here if you need it).
So, the question is, who else out there in the real world will have the gumption to strike out upon the fields of freedom? I won't hold my breath that Maryland's AG Doug Gansler will.
02 July 2010
Second Amendment Chaos!
A good American Spirit blog could not be considered righteous this week if it did not do some commenting on the McDonald vs. City of Chicago case. While it was stupendous to hear that the right is affirmed as an individual right, it is quite disturbing to see the tepid transitional period that is currently ensuing. Far too many questions are remaining, and far too many court cases will be needed to define the scope of the newly incorporated right.
I refrained from commenting in a gleeful manner on Monday because as I watched the SCOTUSblog.com's live coverage, I saw the words “reversed and remanded.” My initial reaction was that the Supremes decided to take a knee for three downs and then punt on the issue. In the limited time I've read the legal opinions on the case, that initial excitement/disappointment had changed into a slowly evolving hope. I will admit that I have not had the time to do a full reading of the 214 page opinion. Once I'm done reading 1984, I'll print a copy and have at it.
Looking at the reaction from the blogisphere / forums / media, it left me confused. As usual, both sides of the issue are doing what they do best, spinning. NRA’s Executive VP stated it was a good day and to look out for more lawsuits. The Brady Campaign rightfully stated that it was a good day and to look out for more lawsuits.
Confused: Did I just read that right? Two opposite sides, and a broken record sound bite? Mayor Bloomberg has said he agrees with the court? Have I suddenly entered Seinfeld’s bizarro world?
Unlike the fast moving, reactionary forum world, I wanted to take some time and really dig into the consequences of this ruling and here are the top five.
1) Just how far will this ruling go, especially with it being remanded back to a liberal court
2) Non-free states such as Maryland, what are the consequences of the ruling with specific regards to wearing, carrying, and transporting arms
3) How much will the anti's focus on the "in the home" portions of Heller and McDonald
4) What is the impact of the Substantive Due Process Ruling vs. the Privileges and Immunities clause of the 14th Amendment.
5) Did we really win anything more than a continued struggle in the halls of slanted justice?
Addressing these points in order:
1) We have already seen that Chicago will try to be as restrictive as possible, even to the point that it might make exercise of the right feeble but for only those privileged enough to be able to afford the requisite fees associated with training requirements, permits, and liability insurance. Of course, we know that every gangbanger inside Mayor Daley's city will surely be rushing to their nearest State Farm agent to get a million dollar liability insurance policy in case one of their stray bullets happens to hit Mr. McDonald.
2) Non-free states still have an uphill battle, but at least two good cases are on our side now with more in the pipeline. Specific to Maryland and their discretionary permitting process for concealed / open carry, several State Legislature Delegates have already asked for opinions on the ruling from the Attorney General. It will be interesting to see just what the AG reads into the rulings, and if the newly guaranteed right forces the state to recognize self defense all by it's lonesome, without any stipulations as an acceptable "need" for a permit.
3) Point 2 focuses on the meaning of the second amendment with regards to the plurality's opinion and codifying the primary purpose of "self-defense" in a historical context. Now, obviously, gun rights advocates will sit there and say that absolutely this is the case, but there is a lot of reference to the "in the home" text of the court's opinion. It is unfortunate that such language was chosen, but the legal talking heads say it does leave wiggle room for further court cases. Remember, your rights don't stop the second you walk out your door, but they do stop when they infringe upon the rights of another. That said, all areas in between are fair game.
4) Substantive Due Process and Privileges and Immunities are two legal arguments that have been battled on over the last hundred and forty years. In simple terms, SDP implies levels of tests to enumerated rights depending upon their incorporation or lack thereof. Strict scrutiny is what we were looking for in this case, and is the highest standard to prevent the government from regulating our rights far more than they should. The problem with the SCOTUS ruling is that a scrutiny test wasn't specifically spelled out in this ruling as it was remanded back to the liberal circuit court.
P&I test, which Justice Thomas wrote a 60 page opinion on goes further into the individual rights, enumerated and non-enumerated. Plain and simple, if the Constitution is silent on it, it means that the power is retained by the states and individuals as per the Tenth Amendment. If this opinion had been Justice Thomas' P&I ruling, we would have seen a shake up of civil rights far more than just guns, and quite frankly, any ruling that protects civil and individual liberty is exactly what this blog is about.
5) Finally, did we really win? Yes and no. It is unfortunate that this case was a mere 5-4 victory. We still have a war to wage against 80 years of activist judges looking to codify new meanings into a simple language that is the Constitution. Further still, states like mine, whom did not have a 2A protection in their Constitution will have to grapple with the consequences of lawsuits and other challenges to bring the state inline with the US Constitution.
State can be more free than the Federal Government's ruling, but they now can't be more restrictive than the Second Amendment. So, just how restrictive is the Second Amendment and how many "common sense" laws will remain in effect? That is the $64,000 question that remains to be answered.
As gun rights activists say, "In Gura We Trust."
I refrained from commenting in a gleeful manner on Monday because as I watched the SCOTUSblog.com's live coverage, I saw the words “reversed and remanded.” My initial reaction was that the Supremes decided to take a knee for three downs and then punt on the issue. In the limited time I've read the legal opinions on the case, that initial excitement/disappointment had changed into a slowly evolving hope. I will admit that I have not had the time to do a full reading of the 214 page opinion. Once I'm done reading 1984, I'll print a copy and have at it.
Looking at the reaction from the blogisphere / forums / media, it left me confused. As usual, both sides of the issue are doing what they do best, spinning. NRA’s Executive VP stated it was a good day and to look out for more lawsuits. The Brady Campaign rightfully stated that it was a good day and to look out for more lawsuits.
Confused: Did I just read that right? Two opposite sides, and a broken record sound bite? Mayor Bloomberg has said he agrees with the court? Have I suddenly entered Seinfeld’s bizarro world?
Unlike the fast moving, reactionary forum world, I wanted to take some time and really dig into the consequences of this ruling and here are the top five.
1) Just how far will this ruling go, especially with it being remanded back to a liberal court
2) Non-free states such as Maryland, what are the consequences of the ruling with specific regards to wearing, carrying, and transporting arms
3) How much will the anti's focus on the "in the home" portions of Heller and McDonald
4) What is the impact of the Substantive Due Process Ruling vs. the Privileges and Immunities clause of the 14th Amendment.
5) Did we really win anything more than a continued struggle in the halls of slanted justice?
Addressing these points in order:
1) We have already seen that Chicago will try to be as restrictive as possible, even to the point that it might make exercise of the right feeble but for only those privileged enough to be able to afford the requisite fees associated with training requirements, permits, and liability insurance. Of course, we know that every gangbanger inside Mayor Daley's city will surely be rushing to their nearest State Farm agent to get a million dollar liability insurance policy in case one of their stray bullets happens to hit Mr. McDonald.
2) Non-free states still have an uphill battle, but at least two good cases are on our side now with more in the pipeline. Specific to Maryland and their discretionary permitting process for concealed / open carry, several State Legislature Delegates have already asked for opinions on the ruling from the Attorney General. It will be interesting to see just what the AG reads into the rulings, and if the newly guaranteed right forces the state to recognize self defense all by it's lonesome, without any stipulations as an acceptable "need" for a permit.
3) Point 2 focuses on the meaning of the second amendment with regards to the plurality's opinion and codifying the primary purpose of "self-defense" in a historical context. Now, obviously, gun rights advocates will sit there and say that absolutely this is the case, but there is a lot of reference to the "in the home" text of the court's opinion. It is unfortunate that such language was chosen, but the legal talking heads say it does leave wiggle room for further court cases. Remember, your rights don't stop the second you walk out your door, but they do stop when they infringe upon the rights of another. That said, all areas in between are fair game.
4) Substantive Due Process and Privileges and Immunities are two legal arguments that have been battled on over the last hundred and forty years. In simple terms, SDP implies levels of tests to enumerated rights depending upon their incorporation or lack thereof. Strict scrutiny is what we were looking for in this case, and is the highest standard to prevent the government from regulating our rights far more than they should. The problem with the SCOTUS ruling is that a scrutiny test wasn't specifically spelled out in this ruling as it was remanded back to the liberal circuit court.
P&I test, which Justice Thomas wrote a 60 page opinion on goes further into the individual rights, enumerated and non-enumerated. Plain and simple, if the Constitution is silent on it, it means that the power is retained by the states and individuals as per the Tenth Amendment. If this opinion had been Justice Thomas' P&I ruling, we would have seen a shake up of civil rights far more than just guns, and quite frankly, any ruling that protects civil and individual liberty is exactly what this blog is about.
5) Finally, did we really win? Yes and no. It is unfortunate that this case was a mere 5-4 victory. We still have a war to wage against 80 years of activist judges looking to codify new meanings into a simple language that is the Constitution. Further still, states like mine, whom did not have a 2A protection in their Constitution will have to grapple with the consequences of lawsuits and other challenges to bring the state inline with the US Constitution.
State can be more free than the Federal Government's ruling, but they now can't be more restrictive than the Second Amendment. So, just how restrictive is the Second Amendment and how many "common sense" laws will remain in effect? That is the $64,000 question that remains to be answered.
As gun rights activists say, "In Gura We Trust."
Anyone know anything about chuckhawks.com ?
ChuckHawks.com
A friend asked me this morning if I had heard of it or knew of anyone that did. He told me he's seen it referenced in several shooting / gun mags recently.
So, do any of you have a membership? If so, is it worth it? This being the WWW and with plenty of free sites to acquire a wealth of info from, I can't deem it necessary to pay to play for someone's site, but I will certainly ask for a low down on it.
(This is not an ad or endorsement of the site).
A friend asked me this morning if I had heard of it or knew of anyone that did. He told me he's seen it referenced in several shooting / gun mags recently.
So, do any of you have a membership? If so, is it worth it? This being the WWW and with plenty of free sites to acquire a wealth of info from, I can't deem it necessary to pay to play for someone's site, but I will certainly ask for a low down on it.
(This is not an ad or endorsement of the site).
28 June 2010
Falnfenix, Family, Rolling Stone: 3 Things Behind this Blog
As I am a news / geopolitics junky, blogging has a place for following the events of the world that are unique unto themselves. Generally, they give a very personal picture of what is happening in the space of a confined person's life. Some blogs publish posts daily or weekly, while others are monthly, and some even hourly or by the minute. I've determined, that there simply isn't a concrete structure to blogging but when the mood strikes you. Obviously, a blog is a journey, a column of life so to speak, and what is a good slice of life without some background?
I mentioned on Friday in my USA Soccer post that a cousin told me to quit ranting about politics on Facebook. In the short space there, I tended to be over dramatic to the point of belligerence. Considering that myself and fellow blogger / friend Falnfenix had discussed my gift to scribe (her humbling words, not mine) I finally found the opportunity and courage to branch out of the short message dramatics that were irritating friends and family. I figured that rather than alienate all of them, I should give them the choice to "opt-in" and read instead of capturing their news feeds, perpetually. Further, the blog allows me to write in a more professional, thought provoking manner with more structure.
As a strict Constitutional loving, Libertarian-Conservative, I have an aversion to almost everything that the Rolling Stone publishes. I find that most of their journalists have a huge leftist lean to them that I rather not patronage, no do I care to support financially through subscription. That said, the RS reporters have bigger stones than Chris Mathews and Keith Olbermann combined. No other mainstream media newspaper or TV newscast would dare publish the edgy material that the Rolling Stone's political editors can get away with. It goes to show, that when you think outside the box of normal news, you find good reporting and journalism does exist, even if you know the journalist and you would disagree on the substance.
The Article in question last week was "The Runaway General" (which is linked above). Michael Hastings has written an absolutely gripping piece that gives a true to life insight into our political leadership, our military, and the strategy on the ground in Afghanistan and Iraq. While to the naked eye, it would seem that the expose was a showcase of bad military leadership gone a rye, Gen. McChrystal is far to smart for a shadow game of bad politics. The article is almost a preemptive strike against failed support from Washington, in an effort to keep the history books from showing a fine field commander blundering an un-winnable war.
It is this article that helped to spark the name for this blog. McChrystal's background is that of a man who knew exactly what he wanted and needed to accomplish the task at hand, winning. "The Run Away General" shows a military man that is almost completely lost to today's Joint Chiefs, political leaders, and even the troops who serve under him. Plain point, war sucks. It's ugly, it costs massive amounts of money and massive amounts of morality and life. McChrystal understood this probably better than his bosses, and yet, he was the one that was becoming the scape goat.
Of course history has a hindsight of 20/20, when it isn't perverted. The question that will remain to be answered here is, how does McChrystal come out smelling? Considering the article here helped to create at least one off shoot blog about him, a similar field commander (Patton) and the spirt of "Team America's" kickassness, I'd say McChrystal's memoirs will be an excellent read.
I mentioned on Friday in my USA Soccer post that a cousin told me to quit ranting about politics on Facebook. In the short space there, I tended to be over dramatic to the point of belligerence. Considering that myself and fellow blogger / friend Falnfenix had discussed my gift to scribe (her humbling words, not mine) I finally found the opportunity and courage to branch out of the short message dramatics that were irritating friends and family. I figured that rather than alienate all of them, I should give them the choice to "opt-in" and read instead of capturing their news feeds, perpetually. Further, the blog allows me to write in a more professional, thought provoking manner with more structure.
As a strict Constitutional loving, Libertarian-Conservative, I have an aversion to almost everything that the Rolling Stone publishes. I find that most of their journalists have a huge leftist lean to them that I rather not patronage, no do I care to support financially through subscription. That said, the RS reporters have bigger stones than Chris Mathews and Keith Olbermann combined. No other mainstream media newspaper or TV newscast would dare publish the edgy material that the Rolling Stone's political editors can get away with. It goes to show, that when you think outside the box of normal news, you find good reporting and journalism does exist, even if you know the journalist and you would disagree on the substance.
The Article in question last week was "The Runaway General" (which is linked above). Michael Hastings has written an absolutely gripping piece that gives a true to life insight into our political leadership, our military, and the strategy on the ground in Afghanistan and Iraq. While to the naked eye, it would seem that the expose was a showcase of bad military leadership gone a rye, Gen. McChrystal is far to smart for a shadow game of bad politics. The article is almost a preemptive strike against failed support from Washington, in an effort to keep the history books from showing a fine field commander blundering an un-winnable war.
It is this article that helped to spark the name for this blog. McChrystal's background is that of a man who knew exactly what he wanted and needed to accomplish the task at hand, winning. "The Run Away General" shows a military man that is almost completely lost to today's Joint Chiefs, political leaders, and even the troops who serve under him. Plain point, war sucks. It's ugly, it costs massive amounts of money and massive amounts of morality and life. McChrystal understood this probably better than his bosses, and yet, he was the one that was becoming the scape goat.
Of course history has a hindsight of 20/20, when it isn't perverted. The question that will remain to be answered here is, how does McChrystal come out smelling? Considering the article here helped to create at least one off shoot blog about him, a similar field commander (Patton) and the spirt of "Team America's" kickassness, I'd say McChrystal's memoirs will be an excellent read.
25 June 2010
Team USA, the time is now!
As I start this blog, I must keep a sort of self promise. A few weeks ago, a cousin told me to find some extra joy in my life and stop ranting on facebook about politics. I will save the rest of the founding of this thing for anther time but you now have the context for this post.
The youtube video linked in the post title can't come at better time for myself, and perhaps our country. While you may see me call out the political establishment, I have to remind myself that life has a lot of dreams to be chased. The gents of USA Soccer are doing exactly that. The thing is the whole of the country needs a distraction and something to grab onto to truly feel united. Will futbol spelled weird grab hold and stay caught on here once the world cup is over? Who knows. Heck even my wife has made me a true fan of the sport going back to last years ConfedCup.
The point is, watch the vid knowing the outcome that your country just did basically what it was supposed to do, advance. Then watch it again and let yourself get lost in the raw shock, disappointment, and pure overwhelming joy that was witnessed with friends and stranges alike. You may not like the sport but it is evident that it has a way of uniting a country with great pride, history, and the ability to do anything it wishes if one just dreams a bit.
Sooooo...HERE COME THE YANKS!
The youtube video linked in the post title can't come at better time for myself, and perhaps our country. While you may see me call out the political establishment, I have to remind myself that life has a lot of dreams to be chased. The gents of USA Soccer are doing exactly that. The thing is the whole of the country needs a distraction and something to grab onto to truly feel united. Will futbol spelled weird grab hold and stay caught on here once the world cup is over? Who knows. Heck even my wife has made me a true fan of the sport going back to last years ConfedCup.
The point is, watch the vid knowing the outcome that your country just did basically what it was supposed to do, advance. Then watch it again and let yourself get lost in the raw shock, disappointment, and pure overwhelming joy that was witnessed with friends and stranges alike. You may not like the sport but it is evident that it has a way of uniting a country with great pride, history, and the ability to do anything it wishes if one just dreams a bit.
Sooooo...HERE COME THE YANKS!
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