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PERRIN LOVETT

~ Deo Vindice

PERRIN LOVETT

Tag Archives: law

Firearms Ownership: A Universal Right

18 Monday Jul 2016

Posted by perrinlovett in Legal/Political Columns, News and Notes

≈ 1 Comment

Tags

America, Constitution, Dred Scott v. Sandford, firearms, freedom, government, gun control, guns, law, Miller, rights, Second Amendment, The People

The elites and the gun grabbers are desperately counting on racial and other divides in order to exact more gun control, more people control, on the population. The problem, for them, is that we are not so divided as they would like.

Gavin Long, the racist who killed three police officers in Louisiana this weekend had a history of hating “crackers”. However, that did not seem to stop him from shooting and killing black and white officers alike. Even he wasn’t divided; he just saw blue targets. Some would surely love to pounce on these murders to further freedom controls. Hussein Obama wants the police to admit they have a problem. Gersh Kuntzman blames the “gun nuts”. Many will suggest, other issues aside, that blacks (and whites) simply are not safe in our culture of firearms. Facts failing them, they will resort to emotional appeals related to the spate of statistically insignificant but culturally damning shootings of late.

Their problem here, and it is a wonderful problem, with blacks and guns is that blacks have adopted the gun culture. Once upon a time firearms may have been the province of white males in the rural parts. Now, it’s everyone. Men, women, all races – everyone is carrying.

Many blacks astutely recognized the importance of gun ownership years and years ago. In 1867 Frederick Douglass hailed firearms ownership as one of the three hallmarks of a free man and his rights (“the ballot box, the jury box and the cartridge box”).

From local and state regulations in early America through the Gun Control Act of 1968, many control and prohibition laws were aimed at disarming blacks. One racist strategy was to limit the availability of cheaper guns, “Saturday night specials”, as these were frequently the only arms economically obtainable by blacks (and other groups of lower socio-economic status).

Indeed, the U.S. Supreme Court went so far as to list the carrying of arms as a right blacks were not entitled to (as they were not considered citizens). In relegating blacks to either second-class or chattel status, Roger Taney reasoned:

More especially, it cannot be believed that the large slaveholding States regarded them as included in the word citizens, or would have consented to a Constitution which might compel them to receive them in that character from another State. For if they were so received, and entitled to the privileges and immunities of citizens, it would exempt them from the operation of the special laws and from the police regulations which they considered to be necessary for their own safety. It would give to persons of the negro race, who were recognised as citizens in any one State of the Union, the right to enter every other State whenever they pleased, singly or in companies, without pass or passport, and without obstruction, to sojourn there as long as they pleased, to go where they pleased at every hour of the day or night without molestation, unless they committed some violation of law for which a white man would be punished; and it would give them the full liberty of speech in public and in private upon all subjects upon which its own citizens might speak; to hold public meetings upon political affairs, and to keep and carry arms wherever they went. And all of this would be done in the face of the subject race of the same color, both free and slaves, and inevitably producing discontent and insubordination among them, and endangering the peace and safety of the State.

Dred Scott v. Sanford, 60 U.S. 393, 416-417 (1857)(emphasis added).

The grabbers and the intellectually lazy of the legal education profession for decades overlooked this enumerated right in Scott and as set forth similarly in other cases in favor of a simplistic reading of Miller (1939). I recall reading once in a Constitutional Law book a footnote – the only mention given the Second Amendment – that stated Miller was the only Second Amendment case in history. As the Court did not expressly affirm absolute firearms rights therein, the 2A didn’t confer an individual right and was barely a part of the Constitution.

My reading of Miller, as poor an opinion as Scott, always led me to believe the Court had affirmed an individual right to keep and bear military-grade weaponry. The gun Miller possessed, a saw-off shotgun, was determined to be of no military value despite the use of such guns, martially, for centuries. The short-barreled shotgun has continued to see combat since – most notably perhaps in the tunnels of Vietnam.

It also struck me as interesting that people could lawfully possess weapons of war but might be precluded from possessing “ordinary” arms. If one has a right to a battlefield rifle or a machine gun, what was the harm in owning a bird gun or a .22 plinker?

shotgun-3-1245333-639x360

George Gardner.

Subsequent rulings, this Century, have definitively settled the matter though in a shaded fashion which leaves open the possibility of state meddling.

They want to meddle and they want it badly. Evidence and sound logic ever eluding them, they continue to exploit instances of misfortune and fickle public sentiments. It is a joy and a wonder that their efforts are failing as more and more people wake up. Black, white, yellow, red – all are universally entitled to universal rights, which the left hates and opposes with universal fury.

An armed society is a polite society – for everyone.

Selective Incompetence

14 Thursday Jul 2016

Posted by perrinlovett in Legal/Political Columns, News and Notes

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Battle of Orlando, crime, false flag, FBI, freedom, government, Hillary Clinton, law, lies, Martha Stewart, Omar Mateen, police, terrorism

Maybe the FBI needs a man running around in a dress to be effective. Lately they’ve been off, either by design or by mishap.

The FBI had Hillary Clinton dead to rights for charges based on her felony violation of 18 U.S.C. § 793, transmitting or losing sensitive, secret information. FBI Director James Comey said she had been “extremely careless” but had not intended any harm. Intent is purposefully not an element of this particular crime so as to prosecute instances of extremely careless, negligent handling of classified material. That was a blatant case of selective (non) prosecution.

The feds sent Martha Stewart up the river for lying to their agents about issues tangential to their failing investigation into her investments. She too likely intended no harm. In fact, nothing in that witch-hunt remotely suggested any intent to cause anyone harm or that anyone was actually harmed. But, she lied. The feds and the cops can (do) lie to us all the time. That’s standard operating procedure. If we lie to them it’s a felony.

That is, unless you’re Omar Mateen. (Remember Mateen?) The FBI convinced Mateen to sign a statement admitting he had previously lied to agents. He wasn’t charged with lying. Nor was he charged with anything related to the FBI’s underlying investigation – terrorism. He simply was let go and the investigation concluded. “In the end, after a counter-terrorism investigation that stretched from May 2013 to March 2014, the agent and his supervisor concluded that Omar Mateen was not a threat and closed the case.”

joker-1431091-639x717

Yuk! Yuk! Picture: Florin Florea/Freeimages.com.

Mateen later carried out an act of terrorism. He murdered 49 people at the Pulse Club in Orlando (name ring a bell now?). He might not have been able to do so had he received the same scrutiny and treatment as Mrs. Stewart.

Was that selective non-prosecution? Or was it incompetence? Something else?

The above-linked LA Times story revealed the FBI used multiple informants in an effort to nail Mateen or involve him patsy-style in a false flag operation. None of it worked. Case closed. People dead.

Two things jump out at me regarding all of this. First, do not ever talk to or give statements (not oral and certainly not written) to law enforcement. Doing so only gives them grounds to charge you with something should all else fail (unless you’re a terrorist). Second, if this is how the FBI operates, maybe it’s time to get rid of the agency.

Enough of the selective incompetency and the incompetent selection.

The Dallas Aftermath: Obama’s Storm-trooper Corps?

09 Saturday Jul 2016

Posted by perrinlovett in Legal/Political Columns, News and Notes

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America, Constitution, crime, DOJ, freedom, government, law, Obama, police, politicians, The People

Hussein Obama’s final term in office is winding down. America lazily awaits the next pathetic resident of 1600 Pennsylvania Avenue – likely a Big Club, elite, insider and megalomania or, perhaps, a coughing, psychopathic, unconvicted felon.

All big politicians make grandiose promises. Trump wants to build a wall. Hillary … I’m not sure what she’s promising. Maybe to stay on this side of the prison wall? Anyway, once elected, they all do the exact same thing: more of the same. They continue to grow the size and scope of federal power while raising taxes, and/or massively increasing the debt, keep a few pointless wars going, and make sure the banksters are fat and happy.

Hussein had his list of promises. ObamaCare might be the big one though it really just falls under general government growth and a tax increase. One he hasn’t gotten around to is his previously stated desire for a national security force (vaguely stated) comparable in strength to the regular, standing military. He hasn’t really done much towards that goal – yet.

He’s been a busy man. He had a debt to grow, golf, a nation to fundamentally transform, vacations, wars to pour money and lives into, taxes and higher pay for insurance executives, the Federal Reserve cabal to appease, ISIS to fund, attack, defend, and import into the U.S., more vacations, etc. Very busy. Now, at the end, he may be ready to launch his national whatever force or at least lay the groundwork.

Obama may be a lot of things but he is NOT a Muslim. FoxNews/DailyMail.

Last night, in Poland of all places, Obama said he wanted a nationalized police force. More to the point, he wants uniform, federal standards for state and local police – the federal takeover will come later. “I want to start moving on constructive actions that are actually going to make a difference,” Obama said when asked about how he planned to take advantage of the Dallas police shootings and general civil unrest.

Obama began touting the panel’s recommendations in March 2015. The report, titled “President’s Task Force on 21st Century Policing Report,” was published in May 2015.

The report urges the federal government to federalize police training and practices, via the use of federal lawsuits, grants and threats to cut federal aid. So far, Obama’s deputies have cajoled and sued more than 30 police jurisdictions to adopt federal rules in a slow-motion creation of a national police system, similar to the slow-motion creation of a federal-run health-sector via Obamacare.

Because ObamaCare worked out so well. Same number of uninsured as before but with higher taxes and higher insurance premiums (for those with insurance) and a dwindling supply of doctors. If you like your sheriff, you can keep your sheriff. I’m not sure how insurance companies and banks will profit from this; rest assured they will, otherwise it wouldn’t be happening.

Here’s the Panel Report, issued by the Department of Justice [SIC] – the people that brought you Waco and an unindicted Hillary Clinton. I don’t recommend actually reading it unless one suffers from near-terminal insomnia.

Ah, another government report on ways to help the people, especially young black people – from an agency that keeps 2 Million young black people behind bars now for selling plants. Hypocrisy at its most psychotic.

Law enforcement standards and procedures from the feds, similar to those used by the FBI and ATF. They have such a stellar record a justice, everything is bound to be just fine – Waco, Ruby Ridge, Wounded Knee, Elian Gonzales, the BLM massacre, out of control false flag manufacturing operations like the Boston Marathon and the Pulse Club, prosecuting Martha Stewart but not Hillary, and on and on. What could go wrong?!

As I said, Obama is about out of time to fully implement this scheme. Herr Hillary has expressed interest in the same though that may be from a personal desire to control the police in an effort to stay out of jail herself. Anyway, the ball is rolling now and state balls only ever grow, gathering mass and speed as they careen towards the people.

Let’s just assume you like in a town with a draconian police force. They’re out to get everyone, corrupt, and they’re really, really bad. They need to be stopped but do you really think the feds are the ones to do it? To me, going to the feds to complain about the local police is much like Br’er Rabbit running to Br’er Bear to report on Br’er Fox. The problems won’t be solved – just shifted and worsened.

Troubles from laws and law enforcement are not solved by more laws and law enforcement. Nevermind that the federal government has no authority whatsoever to do any of this – they are, in fact, prohibited. The Constitution being dead, the law really doesn’t matter anymore. They will get what they want. You and I will get the shaft. More laws, less justice.

Rise of the Machines: The Dallas Bomb-Bot

08 Friday Jul 2016

Posted by perrinlovett in Legal/Political Columns, News and Notes

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bombing, crime, freedom, government, law, people, police, robots

I hate to say none of the tragedy out of Dallas yesterday surprised me but it did not. Almost none of it. The murders of the police were predictable. The government is out of control. The people, some awake, some asleep, some sleep-walking, don’t have much control themselves. It’s a bad mixture. It could be much worse though it’s bad enough as is.

What did surprise me, slightly, was how the police killed shooter Micah Johnson. There was a long standoff and shootout. Unable to get a clear shot at him as he hid in a parking garage, the police used a robot to get a bomb close to Johnson. They detonated it, killing him and ending the situation. A robot. With a bomb.

This is not the first time American police (locals, not the feds) have bombed civilians. Here’s a video of a 1985 police bomb used in Philadelphia against a “radical” sect of black separatists. That bombing was roundly condemned as overkill – kill it did, eleven people I think.

The Dallas bombing yesterday was, if anything, more proportionate. The Philly bomb ended a days old siege which perhaps could have been waited out. In Dallas the police acted against an active shooter who posed an immediate threat. Their bomb only killed him.

Some are asking, “should the police be allowed to use bombs?” The short, legal answer is “yes”. I reluctantly concur with the expert consensus with qualification. The police, like anyone else, can legally kill anyone who poses an immediate threat of lethal or grievous danger. If they’re going to be killed, then does it matter if it is by bullet or by bomb?

I am not a fan of the modern, militarized police. Regardless of what I think, they are armed with military weapons. I will leave that angle alone for now. At any rate, in the old days, if the police could not handle a situation, they called in the state militia with heavy weapons – like bombs. And, I’m not going into due process issues either. I am assuming, for column’s sake, the justification for lethal force was there.

Another qualification I would add is that a destructive weapon, like a bomb, should only be used as a last resort and only if collateral damage is mitigated. It appears the damage mitigation box can be checked and I don’t have enough information on the last resort. I’ll give that benefit of the doubt to the police here.

Again, out of all of this it was the robot with the bomb that got my attention. The bomb was probably a Claymore mine or other anti-personnel device. In Philly, 1985, they used a powerful incendiary bomb. The robot used yesterday is more of a remote-controlled vehicle; it’s a machine, a tool. In 1985 they used a helicopter, another machine or tool.

The difference, as I see it, is the rapid advancements in robotics and artificial intelligence. Helicopters aren’t getting smarter, robots are.

The Dallas machine was 100% under operator control. However, other government agencies are spending a ton of your money to develop autonomous robots – machines that are programmed to act on their own. Industry is designing robots to control other robots.

Here we delve into science-fiction horror that is rapidly becoming reality. How long until there are autonomous robots with bombs or other weapons? What happens if they adapt to or against their programming and start acting completely on their own? What if they decide we, the humans, are the enemy? With the way technology is changing, we probably don’t have that long before we start getting answers.

I got this fictional Terminator picture from a story about the real thing.

If race relations are bad now, what about when (if, rather, I pray) it’s the human race versus the robots? They’re already taking our jobs. At some point could they see us as obsolete? Adversaries? We just might want to hypothesize these questions and possible answers before the machines do.

How Government Really Works (For the Rich and Powerful)

06 Wednesday Jul 2016

Posted by perrinlovett in Legal/Political Columns, News and Notes

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America, Bill Clinton, corruption, crime, freedom, government, law, Ron Paul

Many, many people are upset by Hillary’s most recent escape from justice. I’m not sure why they’re surprised. Injustice and a legal double standard are nothing new in post-American America.

Today John V. Walsh has some terrific satire on the matter, fictional (likely) but very close to the actual mark of corruption.

Bill (whispering): Loretta, they may have bugged your plane. Let’s use a simple code. I will call the FBI team working on the indictment, “your grandchildren.” And I will call Hill’s campaign “my second grandchild.”

Loretta nods in agreement and gives him a wink. They enter Lynch’s plane and sit down.

Bill: Nice to see you, Loretta.

You certainly have come a long way since I appointed you as a Federal Attorney way back in 1999. You deserve everything you have come by. I do not ever want you to feel indebted to me. And I am delighted that nothing embarrassing came up when you were confirmed as US Attorney General.

Loretta: Bill, you have not changed a bit.

Bill: I understand your grandchildren have been running wild these days. Are you still having trouble reining them in?

That is the way it is.

“W, the … the little people … still, … still believe in … justice! Ha, ha, ha, ha…”

There is a solution to this corruption. It’s a long process but the starting point is pretty easy. Just elect Ron Paul president in 2008. Oh, too late for that. Didn’t want to “throw away” the votes. Ah, then, just get used to it.

*Note: this is post 204 for the year, which surpasses all of 2015.*

Laws Are Like Spiders’ Webs

05 Tuesday Jul 2016

Posted by perrinlovett in Legal/Political Columns, News and Notes

≈ 2 Comments

Tags

America, crime, FBI, government, Hillary Clinton, justice, law, laws

“These decrees of yours are no different from spiders’ webs. They’ll restrain anyone weak and insignificant who gets caught in them, but they’ll be torn to shreds by people with power and wealth.” – Anacharsis the Scythian (speaking with Solon).

So it is as it has always been. Today a woman with power and wealth once against tore to shreds American law. Hillary Clinton may have broken the law but she won’t be prosecuted according to the FBI’s recommendation issued today. The federal government has a law for everyone and everything – part of its scheme to maintain total control of the population, nothing more. People in charge of sensitive, classified information, like a Secretary of State, are expected to go above and beyond to maintain the integrity of the information entrusted to them.

Accordingly, the law places on such special people a higher standard of what is criminal misconduct. Congress eliminated the intent element regarding data transfers and breaches so that even incidents of negligence will qualify as offensive. In most circumstances a person accused of a crime must be proven to have intended to break a law or cause harm. They cannot or should not be charged if they did something accidental that resulted in a technical violation. In these special cases though the law is much more demanding. The information trustee is presumed to have the need and ability to protect the data even against foreseeable instances of negligence or even accidental unauthorized dissemination.

Hillary laughs at the weak and insignificant. Pinterest.

Today the FBI rewrote the law in order to avoid charging Hillary.

There is no way of getting around this: According to Director James Comey (disclosure: a former colleague and longtime friend of mine), Hillary Clinton checked every box required for a felony violation of Section 793(f) of the federal penal code (Title 18): With lawful access to highly classified information she acted with gross negligence in removing and causing it to be removed it from its proper place of custody, and she transmitted it and caused it to be transmitted to others not authorized to have it, in patent violation of her trust. Director Comey even conceded that former Secretary Clinton was “extremely careless” and strongly suggested that her recklessness very likely led to communications (her own and those she corresponded with) being intercepted by foreign intelligence services.

Yet, Director Comey recommended against prosecution of the law violations he clearly found on the ground that there was no intent to harm the United States.

  • National Review.

“Although we did not find clear evidence that Secretary Clinton or her colleagues intended to violate laws governing the handling of classified information, there is information that they were extremely careless in their handling of very sensitive, highly classified information,” [FBI Director] Comey told reporters in Washington, D.C., noting that the probe has found that the former secretary of state used several different email servers and numerous devices during her time in office.

  •  Politico.

The final say rests with the Department of Justice [SIC], parent of the FBI, which is under the control of Loretta Lynch (talk’n golf with President Clinton) and President Obama (Hillary’s boss and friend). Nothing will happen; case closed. On with the Democrat Party selection process and the general election. Even without criminal charges, do you want a President with a history of being “extremely careless” with classified information?

In any other investigation, right now an FBI agent would be applying before a judge for an arrest warrant. Anyone else would go to jail, go to trial, almost certainly be convicted of this crime, and probably do prison time. Well, anyone weak and insignificant would. Hillary is powerful, wealthy, special. Yesterday I put up a WSJ chart that shows (what I’ve talked about for years) that most people charged in federal court, who do not take a plea deal, end up convicted. And, almost all – the chart did not show this – almost all such persons enter into an agreement and plead guilty to something. Thus, those ensnared in federal prosecution (mostly for crimes the feds have no business prosecuting) are about 97-99% likely to be sentenced as guilty.

This is what we call a double standard. That’s what Anacharsis said to Solon 2,500+ years ago. It isn’t right. It isn’t justice. It is a clear sign that the real criminals are the agents of the state itself.

The Collins Amendment: I Don’t Buy The Gun-Fly Lie

30 Thursday Jun 2016

Posted by perrinlovett in Legal/Political Columns, News and Notes

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America, Congress, Constitution, crime, due process, Europe, firearms, freedom, government, gun control, law, lies, Lindsey Graham, Second Amendment, Senate, Susan Collins, terrorism, The People

Senator Susan Collins (R-ME) has proposed the Terrorist Firearms Prevention Act of 2016, popularly known as the Collins Amendment. Who could possibly be against such a thing? I am, for one. Her proposal is similar to Diane Feinstein’s S.551 and several other meaningless measures floating around the septic tank of Congress. Her’s is the one in the news today having passed a procedural vote 52-46. Here’s the majority of the Amendment (click the picture for the whole thing):

nimbus-image-1467305366319.png

Collins Amendment. Senate.gov.

The vote had to be of the unrecorded, oral variety as I can’t find reference to it. Congress frequently avoids such disclosure. Why would anyone want to readily know how his Senator voted on something anyway? There are reasons a rational man would oppose such a “common sense” law. Anyway, support for this version of gun control is being hailed as some sort of crack in the GOP/NRA wall against a safer America.

Lindsey Graham (R-SC) is a co-sponsor of the Act so we can assume he was among the 52. His explanation of its provisions highlight the problems with the Amendment and various other government projects. Per the Times story:

Republicans find it much easier to explain enacting gun restrictions to constituents devoted to the Second Amendment if they can frame their position as an act against terrorism.

“The Constitution’s a sacred document, but it is not a suicide pact,” said Senator Lindsey Graham, Republican of South Carolina and a gun owner. “This is not hard for me. Due process is important, but at the end of the day, we are at war.”

Graham clarified in a press release:

WASHINGTON – U.S. Senator Lindsey Graham (R-South Carolina) today made this statement after voting in support of the Collins amendment to prevent terrorists from buying guns.

The amendment survived a procedural vote, 52-46, and remains eligible for a final vote.

Graham said:

“At the end of the day this really is about counter-terrorism, not gun control. We are a nation at war against radical Islam and under increasing threats both here at home and abroad.

“President Obama’s foreign policy has been a failure and helped give rise to the very threats we face. I have long argued we must do more to counter the threat abroad. However, it is also important we take steps here at home to protect ourselves as well. It’s why I supported the Collins Amendment.

“Simply put — I don’t want anyone who is too dangerous to fly on a plane to buy a gun.

“To be on these lists today means there is reasonable suspicion and credible evidence that the individual in question is involved with or in support of terrorist activities. There are about 109,000 people on these lists and 99% of them are foreign nationals, not U.S. citizens. There are only about 2,700 Americans who could be impacted by this measure.

“I believe in due process and I was insistent the amendment contain provisions to ensure those who should not be on these lists can clear their name. We put the burden of proof on the government to show the individual is a danger and should not be allowed to purchase a gun. If the government fails, the individual’s rights are upheld and the government will pay their legal tab.

“This debate will continue and I will continue to work to find common ground that both protects the rights of law-abiding citizens and prevents terror suspects from purchasing guns. The differences between the competing approaches are narrowing.

“I will continue to strive to be a senator that can bring us together and find common ground in times of great threat.
####

He’s right about continuing to strive to be a senator but all wrong beyond that.

The Act isn’t about counter-terrorism or about gun control. It’s just another law and another burden on the people.

Graham is correct that Hussein Obama’s policies have only made the threat of terrorism worse. To be fair though, Hussein Obama has only continued the disaster of a policy put in place by Bush 43. And Graham’s proposals on the subject, whenever he spouts off, are always of the kind which would make things EVEN WORSE.

At home he says there are 109,000 people on the watch lists. Of those only 1% or 2,700 are U.S. Citizens (closer to 2.5% by my math). If 106,300 foreign nationals are on the lists of suspected terrorists, why the hell are they not rounded up and deported immediately?

Neither Graham nor any other Senator really cares about Due Process. This proposal, like S.551, has a huge loophole to allow the Attorney General carte blanche authority over who goes on the list and allows the government to ultimately assert national security as an end-around to avoid due process in court. By Graham’s math that means 2,700 Americans right now could be out of luck; the list would surely grow if the Act passes into law. Don’t look for any of the foreigners to go home; in fact, more and more will just keep coming.

Graham’s position may be summed up as: “We’re at war (with an enemy we created and brought home). Therefore the Second Amendment and due process of law can go out the window.”

The saddest part of all this (as if it isn’t sad enough) is that the whole thing is pointless. Gun control does not work to stop gun violence. Period. None of the criminals and terrorists Collins and Graham feign interest in stopping would be subjected to any provisions of the Act. The University of Chicago “just discovered” that criminals don’t buy guns the legal way (surprise, surprise!). So much for soft gun control controlling crime. Even hardened European gun control does next to nothing to stop gun violence. When it comes to government gun control it’s all about the state controlling citizens and about perception (image over substance).

Then there’s the issue of bombs…

All this shows again and again you cannot trust the people who created the problem to know how to solve it. Don’t buy the gun-fly lie.

Senators propose more burdens on the People. NY Times.

Judging Judges and the Law

28 Tuesday Jun 2016

Posted by perrinlovett in Legal/Political Columns

≈ 1 Comment

Tags

America, Antonin Scalia, Constitution, Courts, government, Harvard Blue Book, judges, law, law school, lawyers, Richard Posner

“Judge not, that ye be not judged.” Matthew 7:1 (KJV). If being a judge means proclaiming judgment, then would it be judgmental to judge judges? You be the judge of that.

Federal appellate judge Richard Posner, the veritable father of “law and economics” is accustomed to passing judgment, in and out of court. He recently told Slate his views on the demise of modern American law schools and of the Constitution, one in conjunction with the other.

He warned that law school faculty is out of touch with the actual practice of the law. They are. Says Posner, “I think law schools should be hiring a higher percentage of lawyers with significant practical experience.” He’s right and continued:

And on another note about academia and practical law, I see absolutely no value to a judge of spending decades, years, months, weeks, day, hours, minutes, or seconds studying the Constitution, the history of its enactment, its amendments, and its implementation (across the centuries—well, just a little more than two centuries, and of course less for many of the amendments). Eighteenth-century guys, however smart, could not foresee the culture, technology, etc., of the 21st century. Which means that the original Constitution, the Bill of Rights, and the post–Civil War amendments (including the 14th), do not speak to today.

He’s right there too. Other than paying it lip service no-one in government – not judges, not Congress, not the President, certainly not the bureaucracy – none of them heed the Constitution whatsoever. I may disagree with Posner’s interpretation approach to the subject but we can agree with the end result. Nino Scalia was the last man to hold the Constitution in awe and he is gone. It’s just what you eventually get from a strong central government, like that one birthed by the Constitution.

However, Posner need not worry about the academic nuances of Constitutional study. That just doesn’t exist anymore. As I noted back in 2013 the one thing left out of Constitutional Law in law school is … the Constitution. To the academics it’s just a list of inexhaustible government powers and a few, pet privileges they call “rights”. It is what it is, what it has become, what it was.

In fairness to Posner, he’s fair across the board when condemning tradition. He’s been trying to abolish reliance on Harvard’s Blue Book for a generation. That one, unlike the Founder’s scribbles, is strictly observed in law school or was when I was there (been a little while). True to disjointed form, almost no practicing lawyers and fewer and fewer trial judges actually observe Harvard’s citation system – they just cut and paste from screen to screen. It makes sense; if the Constitution is out and the laws are never far behind in obsolescence, what’s the point in properly noting them?

One thing is certain – U.S. law schools and the legal system need a severe overhaul soon. On that, we can pass judgment.

What is Gun Control?

27 Monday Jun 2016

Posted by perrinlovett in Legal/Political Columns, News and Notes

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Tags

America, bigots, Christians, CIA, concealed carry, crime, firearms, freedom, government, gun control, law, liberals, North Carolina, racists, rights, Second Amendment, Syria, terrorism, Texas, The People, The West, War, white people

Gun control…

For some it’s about taking advantage of tragedy and belittling those they hate. I almost didn’t include this first story due to the inherently bigotry and low-brow “journalism” behind it. Still, here it is. A woman in Texas, a self-described Second Amendment proponent and gun owner, committed an atrocious crime (the facts of which I don’t have and don’t want) – she apparently murdered her own daughters after an argument. The woman was also shot and killed by the police. Three women dead for no good reason – terrible.

Enter Helen Thompson writing on American News X. Thompson offered up an assessment of the crime in terms both racist and anti-Christian.

Too bad for Christian Christy Byrd Sheats two daughter’s, 17 and 22, Sheats had a gun with which to “protect her family.” That gun was used to gun down both girls in the street after a family argument.

Sheats was then killed by police after refusing to drop her weapon, literally bringing home the insanity of the famed phrase “from my cold, dead, hands.”

Note the immediate description of the shooter as a Christian. Would Thompson dare describe a Muslim terrorist as a Muslim terrorist? I think not. I did a quick Googling of “Helen Thompson” and “Muslim” and the first thing I saw was Thompson berating Donald Trump for trying to “initiate a Muslim witch hunt”. I guess witch hunts aren’t even for witches anymore – just Christians.

Thompson continues:

This woman appears to be the poster child of white, GOP America. She praised her religion, loved veterans and country music, praised Ronnie Reagan and George W., and loved her guns. She was a Texas resident, originally from Alabama. This woman literally reeked of right wing Americana — of normal, gun-loving life. She loved her grandmother, had been bitten by a black widow, and basically, seemed to love life and her children.

The white America. Would Thompson ever write about one of the thousands of murders committed by blacks each year (47% of total murders vs. 10% of the population)? No. It’s just a white, Christian, all-American kind of thing. Y’all wouldn’t understand.

Thompson didn’t even call for more gun control beyond her ridicule. “No good guy with a gun stopped this senseless murder by a ‘good guy’ with a gun,” she ranted – what a tired, worn, anecdotal, and worthless “argument”. If not even true in this case – the police officer “good guy” used a gun to stop the white, Christian bad gal.

Maybe some of the problems the left has with guns in America comes more from a hatred of America and its people than from a hatred of guns. These cretins, seething in their hatred, want the government to disarm all the white Christians – and everyone else of decent persuasion.

I have no use for the government at all. Some people on “my side” do. Droves of my friends boast about obtaining their concealed carry permits. Actress Kelly McGillis just joined the ranks of the permitted carriers following an attack at her North Carolina home.

I like that they have armed themselves in a world seemingly gone mad but I do not like the way they have done it. Why a permit from the state? I know it’s the law in most places. I understand that. Most people who get the permits are law-abiding. It’s a law that shouldn’t be abided by – or exist. Why should there be permits for the exercise of the right to carry anyway? Rights do not require permission slips.

I sympathize with and applaud Mrs. McGillis’s decision to arm and defend herself. I found it odd though that she took the measure following a home invasion. North Carolina does not require a permit of any kind to defend oneself at one’s home. I realize she obviously wants protection outside her house too. Thus the permit. And, thus, my problem.

Running to the government for permission to protect one’s life is little different in my mind to running to the government to prohibit others from protecting themselves. Either way, the government is not the answer. Usually, it’s the problem.

In a sense everyone wants reasonable “gun control”. Some, like Thompson, would have the state “control” guns by banning them from white, Christian hands at least. Gun owners generally favor the responsible, personal “control” of the individual firearm. If, to them, that means acquiescing to a state law, then they do it. Either way it’s the state, the state, the state. How about some gun control for the state itself?

In addition to regulating firearms, the government has a long history of widely distributing them, usually with terrible consequences. Most of government works like that – they find a small problem and come up with a solution that creates a bigger problem. I suppose it justifies their existence. I don’t see the need.

A few years ago the ATF was caught red-handed selling and then giving guns to Mexican drug cartels and to criminals. Some of those guns came back, fast and furious, and were used to kill Americans. The ATF isn’t alone. They are novices compared to the CIA. The “intelligence” agency has taken to giving arms to Syrian “rebels”. Many of those weapons were stolen and ended up on the black market – gun show of choice for terrorists. And, you guessed it, some of those arms have killed Americans. By arming one side (maybe more) of this conflict which does not concern the U.S. the government helps generate more angry “refugees” who then migrate to the West for various purposes – some for aid and reflief, others for revenge and crime. Little problem, “solution”, bigger problems.

Government agent Joe Biden oversees “gun control” while exploiting “loopholes” at a Jordanian gun show. NYT.

The left tries to scare people with stories of white, Christian Americans wielding automatic assault rifles and rocket launchers. They want the government to do something about it despite the fact it isn’t a problem. The government does do something! It supplies “Kalashnikov assault rifles, mortars and rocket-propelled grenades” to rebels and then to the black market and to terrorists. Nice, huh?

Another of the left’s arguments for more government control is that the firearms available when the Second Amendment was ratified were flintlocks and thus those are the only ones the people are entitled to keep and bear. By that logic, shouldn’t the CIA be running muskets and not rocket launchers? Maybe people like Thompson should limit their writing to quill pens. All beside the point.

How about less government for a change? How about limiting or banning the state’s use of firearms (and rockets and grenades)? Might that make for a safer society? As is, they give us freedom control, crime, war, mindless intervention, black markets, and terrorism; all that in addition to rules, regulations, taxes, inflation, oppression, etc. More government, more crime. Why have it or its controls?

Wands and Guns: Fallout From BREXIT

25 Saturday Jun 2016

Posted by perrinlovett in Legal/Political Columns, News and Notes

≈ Comments Off on Wands and Guns: Fallout From BREXIT

Tags

America, BREXIT, crime, England, FBI, firearms, freedom, government, gun control, Harry Potter, Hawaii, law, Nigel Farage, Scott Adams, The People

Fifty-two percent of the British people favored leaving the EU on Thursday. That leaves forty-eight percent on the losing end – and more than a few are vocalizing their dismay.

One of the “remain” losers left furious by the will of the people is J.K. Rowling of Harry Potter fame. Mrs. Rowling has earned over $1 Billion dollars from her popular series about adolescent wizards. I’ve never read any of the books though my daughter is a big fan, she attended a pre-release party last night for the next Potter tome. I generally don’t like or read fantasy beyond Tolkien though I am considering A Throne of Bones by Vox Day. Anywho…

Rowling lashed out at voters with the worst she could muster – calling them “a bunch of mini-Trumps”. I fail to see how a sovereign and independent England will affect her book sales. She is likely more concerned about her portfolio at present – British billionaires lost a combined $5 Billion on Friday. They bet big but wrong.

Some have seen the young wizard Potter as an opponent of gun control or, at least, wand control, due to a self-defense incident he encountered in one of the books. “Rowling thus appears to embrace the most extreme argument for an individual right to possess weapons- that those weapons may be required in defense against one’s own government.” Again, I have not read any of the books and know nothing about Rowling’s personal stance on such issues. If the above quote is accurate, then it is a wonderful thing, BREXIT views aside.

BREXIT has unleashed other pro-gun sentiments within the UK. Nigel Farage, naturally, is one:

Nigel Farage has called for firearm laws to be relaxed, calling the current ban on handguns “ludicrous”.

The Ukip leader criticised the “kneejerk” restrictions on handguns imposed after the 1996 Dunblane massacre in which Thomas Hamilton killed 16 schoolchildren and a teacher before shooting himself.

The laws were brought in by Sir John Major, the then Tory prime minister, and extended to a total ban by Tony Blair’s Labour government in 1997.

Asked about gun controls, Farage said: “I think proper gun licensing is something we’ve done in this country responsibly and well for a long time, and I think the kneejerk legislation that Blair brought in that meant that the British Olympic pistol team have to go to France to even practise was just crackers.

“If you criminalise handguns then only the criminals carry the guns. It’s really interesting that since Blair brought that piece of law in, gun crime doubled in the next five years in this country.”

If BREXIT does nothing more than weaken gun control, it is worth the effort. Farage is dead on with his assessment of crime rising in the absence of firearms – a universally documented experience. Britain and other EU countries have the kind of gun laws American liberals salivate over. Those countries also import a high number of non-Western types who, as a group, have a higher penchant for criminal activity than the natives. This is not a good combination. It echoes the thoughts of Scott Adams on Why Gun Control Can’t Work:

On average, Democrats (that’s my team*) use guns for shooting the innocent. We call that crime.

On average, Republicans use guns for sporting purposes and self-defense.

…

So it seems to me that gun control can’t be solved because Democrats are using guns to kill each other – and want it to stop – whereas Republicans are using guns to defend against Democrats. Psychologically, those are different risk profiles. And you can’t reconcile those interests, except on the margins. For example, both sides might agree that rocket launchers are a step too far. But Democrats are unlikely to talk Republicans out of gun ownership because it comes off as “Put down your gun so I can shoot you.”

Still, gun grabbers in America are hard at work to disarm the would-be victims of crime, personal or governmental. Hawaii is now the first state to place it’s registered gun owners into an FBI database for the monitoring of criminal activity – the first step towards confiscation. That’s the only reason for such a program. The kind of people who would register and submit to such a system are the types Farage and Adams describe – those who would defend themselves against criminals. Criminals don’t care and won’t comply – something about being a criminal.

Currently the FBI program “Rap Back”is only used to monitor people under criminal investigation, like Hillary Clinton, or those in sensitive positions of trust, like Hillary Clinton. Now, the innocent people in Hawaii who are not criminal suspects will be treated like they are. The grabbers would love to expand this program nationwide.

I say Hawaii should use BREXIT as a model and rap themselves back to being an independent island kingdom. Then, they could have all the gun control they can handle. They’ll experience an increase in violent crime but that’s their business. Leave the rest of us alone.

Dirty Harry. Google/Youtube.

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Perrin Lovett

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