“The time has come,” the Walrus said,

“To talk of many things:
Of votes –and chads –and democracy–
Of Republics –and of kings–
And why the earth is getting hot–
And when will pigs have wings.”

(With abject apologies to Lewis Carroll.)

Last week I had a couple of posts on the reaction of the moonbat wing of the Democratic Party to the California recall election – specifically those people who post to Democraticunderground.com. Those posts are here and here, with the second being by far the most egregious example. And I warned you at the end of “Not with a Bang, but a Whimper?” that I might have more to say on the topic. This post is it.

Now, I’ve ranted about Democrat hypocrisy like this before. In fact, in that essay written back during Election 2000 (long before I started this blog) I essentially wrote a companion piece to “janekat’s” DU post, which – for my own amusement – I present part of in counterpoint to her comments:

Janekat:

What we MUST realize in order to win – Americans are stupid and uninformed

This is very important because in order to win we must understand the way the average American thinks. I’m afraid WE have nothing in common with them.

I came to the two following conclusions when I saw the large number of people who voted for Bush back in 2000.

#1 – I would dare to assume that most of us here are in the upper 1%-20% of the population intelligence-wise. We must come to the realization that the majority of the population is in the lower 80% to 99% percent of the bell-curve. WE are not the norm.

Me:

An Uncomfortable Conclusion

With the continuing legal maneuvers in the Florida election debacle, I have been forced to a conclusion that I may have been unconsciously fending off. The Democratic party thinks we’re stupid. Not “amiable uncle Joe” stupid, but DANGEROUSLY stupid. Lead-by-the-hand-no-sharp-objects-don’t-put-that-in-your-mouth stupid. And they don’t think that just Republicans and independents are stupid, no no! They think ANYBODY not in the Democratic power elite is, by definition, a drooling idiot. A muttering moron. Pinheads barely capable of dressing ourselves.

Take, for example, the position under which the Gore election machine petitioned for a recount – that only supporters of the Democratic candidate for President lacked the skills necessary to vote properly, and that through a manual recount those erroneously marked ballots could be “properly” counted in Mr. Gore’s favor. They did this in open court and on national television, and with a straight face.

So, it is with some regret that I can no longer hold that uncomfortable conclusion at bay:

They’re right. We are.

It would appear that “janekat” has what it takes to be a member of the DNC elite. And she’s absolutely one of Thomas Sowell’s “Anointed.” I have not yet had a chance to read Mr. Sowell’s book The Vision of the Anointed: Self-Congratulation as a Basis for Social Policy, but I have read the text of his speech on the subject, and it rings wholly true. This part of the speech particularly so:

Just as economic issues are often seen as being about “the rich” and “the poor,” various statistical disparities between social groups are often attributed to the moral failings of “society,” just as innumerable dangers that are allowed to exist show society’s blindness or callousness.

Whatever the issue, it tends to be seen within this framework — this vision of the anointed– and to take on the aura of a moral crusade. “Intellectuals cannot operate at room temperature,” as Eric Hoffer put it. They cannot simply say that policy A is preferred to policy B for the following reasons and with the following evidence. To do that would be to lay their reasons and evidence alongside the reasons and evidence of those who disagree with them, so that others can weigh the one against the other. To argue in this way, on the same moral plane and under the same impartial rules of logic and evidence applying to both sides would be a violation of the whole vision in which the anointed see themselves. Their role is not to put themselves on the same plane as other people. The very words and phrases they use reveal the loftier plane on which they see themselves. From this loftier plane they are to raise our “consciousness,” make us “aware” and hope that we will “grow.” Those who nevertheless continue to disagree with them must then be shown to be not merely in error but in sin.

And let them without sin cast the first stones, as it were.

But here’s the question I have had, as succinctly put by Sowell:

How do the anointed manage to survive – and, indeed, flourish – after being wrong so often?

And he answers it:

Much as animals and plants survive in nature– by being in environments favorable to their strengths and not very severe on their weaknesses. The strengths of the anointed are verbal strengths and mental nimbleness, combined with whatever academic credentials may help sustain their sense of intellectual and moral superiority. There are environments in which that is sufficient and other environments in which that counts for virtually nothing. The anointed can be found concentrated in the former kinds of environments, rather than the latter, just as fish are found in the sea and not on mountaintops, just as it is just the reverse with eagles.

The academic world, for example, is a sort of natural habitat or wild-life refuge for ideas that cannot stand the test of empirical results– except for those fields in which there are decisive tests, such as science, mathematics, engineering, medicine– and athletics. In all these fields, in their differing ways, there comes a time when you must either put up or shut up. It should not be surprising that all of these fields are notable exceptions to the complete domination of the left on campuses across the country.

Where they are free to brainwash the young, some of whom become the primary and secondary educators of our children. And make no mistake – the world of the NEA is, too, a cloistered academic one where there is no decisive testing of empirical results. To the education system, how a child feels has become more important that what (s)he learns. Rand’s Comprachicos have spread greatly since the 50’s. They exist in politics as well – for “verbal strengths and mental nimbleness” are the hallmark of the successful politician, are they not? And how often do politicians actually debate “Policy A” vs. “Policy Bon the merits, rather than on the intent? Even in closed-door sessions away from the cameras? As the link above shows, the ranks of editorial cartoonists are rife with The Anointed as well, and they are but the most visible indicator of The Anointed dominating the media.

Nowhere has this jarring disconnect from reality in favor of lofty “higher ends” been more pronounced than with the gun control fight. That prominence has been due to, as Sowell put it, a lack of conclusive tests for empirical results. The fight over “Affirmative Action,” the fight over “Welfare reform,” the fight over taxes, all of those fights and more have not produced clear, unassailable empirical evidence of success or failure.

But “gun control” has. And presented with that evidence, the only thing The Anointed can respond with are reports like this one that states that the research in to whether gun control laws are or aren’t effective is inconclusive, and more research is needed. But here’s the incontrovertible, conclusive proof that, at least in part, “gun control” doesn’t make the public safer – concealed-carry. In every state where “shall-issue” concealed-carry legislation has been promoted, the gun control groups predict “blood in the streets,” “Dodge City shootouts,” carnage and mayhem and death, Oh My! And it never happens – anywhere. The “gun control” of keeping guns out of the hands of the law-abiding has been conclusively proven ineffective at making us safer.

Faced with that incontrivertible empirical evidence, the best argument The Anointed can come up with is that it can’t be conclusively proven that guns in the hands of the citizens make things safer, but what it demonstrates unquestionably is that more guns doesn’t equal more crime – yet they don’t abandon their mantra. Regardless of the empirical evidence they totally ignore the absence of the dire consequences they always predict, and in each new state the emotional argument is repeated, rather than debated on its merits as it should be. Again – “gun control” up to and including outright bans has not made England safer. They’ve simply disarmed the law-abiding, but pointing this out to The Anointed doesn’t phase them.

However, that is only an aside to the larger problem I discussed earlier. Gun control is my particular hobby-horse because, to me, it encompasses the most explicit and outrageous attack on individual liberty that The Anointed pursue – a deliberate, undisguised, and direct attack on the integrity of the Constitution of the United States. It is that document that stands in the way of their quest to give us what they feel we deserve – good and hard – and it is that document that we, the masses, are tasked to protect and defend.

Because if we don’t do it, no one will. Certainly not our elected officials without our torches and pitchforks behind ’em.

My earlier piece “Not with a Bang…” decried what I saw as a defeatist attitude among more than just the two examples I gave. The question I asked there may have been answered: Have we reached a “critical mass” where The Anointed have sway over enough of the population to get them to yeild our rights for The Anointed’s “higher purpose”? After the California recall election, the answer appears to be “not quite yet.” California – that bastion of the liberal Anointed (and make no mistake, there is a small conservative Anointed as well – and to the horror of both,) elected a man considered to be wholly unsuitable to be Governor of the 7th largest economy in the world. A man who was not one of The Anointed. A man who may not be controlled by The Anointed (but seeing as he married into one of the Brahmin families of the Anointed, that remains to be seen.) Worse, a man popular with the hoi polloi – which, in a democracy gives him power that The Anointed seldom receive. Worse still, the recall election demonstrates that the electorate can still be motivated to turn out in volume – and that cannot be good for The Anointed who see them as “not very bright” – ignorant, easily lead rubes who are the willingly-manipulated pawns of the forces of sinful self-interest.

Still, it’s not all good news. As the joke goes “I want to vote for the best candidate, but he never runs!” – and the system is set up to ensure that he doesn’t. If the recall election proves nothing else, it shows that the entrenched powers will stop at nothing short of actual assassination to retain power, so if you want to run for office it indicates something other than a desire simply to do a good job. I’ve said for quite a while that anyone actually willing to run for office ought to be immediately disqualified. Arnold’s election proves, actually it only reaffirms, that popular recognition is the only way to elected office other than through the political party machinery, and John and Jane Q. Citizen don’t have a chance of running through those machines without coming out mangled beyond recognition.

(Let me say that I hope Arnold does a good job as Governor, but I will not be surprised if he is thwarted at every turn by his legislature, or if he turns out like Jesse Ventura to be not up to the job on philosophical grounds.)

Here’s the situation as I see it:

The The Anointed control the halls of higher education with the possible exception of the schools of engineering and the hard sciences (which are populated more and more by foreign students rather than domestic ones, as our population produces fewer and fewer students willing and capable of competing.) The Anointed have a firm grip on primary and secondary education in this country, and are only threatened by home-schooling (not an option for most families) and school vouchers (which they oppose vehemently.) Controlling these is actually more important than controlling higher education – it’s easier to indoctrinate the young before they learn to think, as Ayn Rand explained so graphically in “The Comprachicos,” or as illustrated in the present by this post. At any rate, both home-schooling and vouchers are, I think, too little, too late.

The Anointed occupy positions of power in the media, and are less and less concerned about the obvious exercise of that power in attempting to influence the “people of average or lower intelligence.” Even when the manipulation fails as it did in California, there is no hue and cry over it. Yes, the conservatives have talk radio, and conservative print media exists, and Fox News for TV, but overwhelmingly the Anointed run the newsrooms in TV and print. Listening recently to the Hugh Hewitt radio show a caller commented that, during the news breaks on his local station, the news being reported was in diametric opposition to what what Hewitt was reporting. Reuters and the AP represent the news-reporting bodies of most small radio outlets. As more and more children process through the school system and have children of their own, the less likely they are to understand, less be swayed by, the relatively minor influence of conservative media that preaches pretty much only to the faithful.

The Anointed occupy seats in the legislatures and benches of the judiciary, though not yet in numbers large enough to completely control policy. While there they are active in the pursuit of increasing their numbers, however, and thwarting attempts to increase the number of conservatives – see the Democrat opposition to judicial nominees who “believe in anything.” Possibly the most blatant example after that is the 9th Circuit Court of Appeals – also of California – of whom fellow blogger Phelps recently wrote:

The discouragment comes from realising that I have no expectation of the application of law from the 9th circuit. None. The 9th is so activist, so interventionist, and so partisain(sic) that it is a mockery of what the Judicial branch is supposed to represent. They are supposed to be the brake on the engine of government. Instead, the 9th has ventured so far into judicial activism that they are not slowing the engine, but instead speeding it along.

He is not alone in that assessment.

I have written that liberals and conservatives are both necessary to the proper functioning of a healthy society, and I truly believe that. But there’s a caveat: The liberals have to play by the same rules. They cannot abandon logic and reason for “higher purposes” and “greater callings.” They must recognize that their reality has to be the same one the rest of us live in, and right now that doesn’t appear to be the case. Bill Whittle, for instance, longs for the day when the Democrats return to “the party claimed by Jefferson and Truman, and many millions of other decent, patriotic Americans, people of integrity with whom it is a pleasure – sometimes an honor – to disagree.” They certainly aren’t that today, and to be honest, neither is the Republican party. In the world of politics, things have gotten to the point illustrated in this Sacramento Bee article:

“What is a little disconcerting for the French is an American president who seems to be principled,” said Jean Duchesne, an English literature professor at Condorcet College in Paris. “The idea that politics should be based on principles is unimaginable because principles lead to ideology, and ideology is dangerous.”

But we who are politically engaged are all ideologues. The difference is in our ideologies. Maximum freedom for the individual, or maximum conformance to the ideals of the Anointed?

I’ve also written that I believe we sit at a crossroads in history – where, through the easy availability of disparate opinion and vast amounts of information, we can, as a minority, influence our political futures far beyond our mere numbers. Besides the resignation I illustrated in “Not With a Bang…”, there is a great deal of frustrated anger out there in the Jacksonian community, and the internet lets the frustrated communicate – and organize – in ways never before possible. Again, the gun control issue is foremost in this, as the gun control Anointed have commented at length on our ability to quickly and effectively organize and resist their efforts. Perhaps Missouri’s concealed-carry legislation, over a decade in the making and requiring the overturning of a governor’s veto, best exemplifies this. However, I don’t think this window of opportunity is going to be open long. We must seize it, soon, or resign ourselves to one of two uncomfortable futures: Losing with a whimper, or eventually being forced to take arms and risk losing with a bang.

Discussion of this would also be appreciated, because I’m pretty much out of ideas.

Five Reasons Why it ISN’T

The Consumer Federation of America (which, as far as I can tell is a bunch of trial lawyers interested in suing anyone that can make them rich) has this nifty little two-page handout on why you should support the Firearms Safety and Consumer Protection Act. Let me fisk:

The Firearms Safety and Consumer Protection Act would give the Department of Justice consumer protection authority to regulate the design, manufacture, and distribution of guns and ammunition.

Right. Regulate them right out of existence.

Here are the top five reasons why this bill is good for America’s gun consumers:

1) This bill would protect gun consumers from being ripped off or injured.

Many gun consumers and bystanders have been injured or killed by defective or hazardously-designed guns. For example:

• One gun consumer took his .22 Ruger revolver with him on a fishing trip. He was sitting on a rock when the gun fell from his holster, struck a rock, and discharged. The bullet lodged in his bladder, damaging vital nerves and rendering him impotent.

The user’s manual specifically recommends leaving the chamber under the hammer empty – precisely for this reason. I’d imagine that was an old-model Single-six. Gun enthusiasts know it, the instruction manual is pretty clear about it. And the manufacturer has since changed the design – voluntarily – and converted all of the older models that customers have sent in for conversion – for free. It’s not the gun’s fault, it’s user error.

• Mike Lewy was unloading his Remington Model 700 rifle in his basement apartment. As he moved the safety to the fire position in order to lift the bolt handle to eject a chambered cartridge, the gun discharged. The bullet went through the ceiling and struck his mother, who was shot in the upper left leg and required hospitalization for more than a month.

User error again. Mike’s an idiot. Rule #1 – always keep a firearm pointed in a safe direction. He didn’t. Rule #5 – don’t trust mechanical safeties – they can fail. He should have cleared the weapon outdoors, safely and not tried to do it where it wasn’t safe.

• Carlton Norrell was changing a tire when a close friend, William Kerr, accidentally dropped his .41 Magnum Old Model revolver. The bullet struck Mr. Norrell in the temple and drilled in a straight line across the front of his skull. Mr. Norrell died eight days later.

A .41? I’m amazed he wasn’t dead on the spot. These guys really have it in for Ruger single-actions, don’t they? (And what’s with the dropsies?) It’s a design characteristic of old revolvers. ALL old revolvers. Ruger has since changed the design voluntarily (much to the disgust of purists, many of whom did not have theirs converted.) The modern copies of the Colt Single Action Army will do the same thing if you have a live round under the hammer. The transfer-bar ignition system and the hammer block are relative newcomers to gun design. Frame or hammer-mounted firing pins are found on all older revolvers (single or double-action), and there are a huge number of revolvers out there without either. It’s not a design flaw, and you cannot convince me that a Federal bureaucracy would have accelerated the implementation of the design change. But this legislation could force, for example, Smith & Wesson to retrofit literally millions of old guns at their own expense, thus bankrupting the company. But we’re not supposed to understand that.

This bill would give the Department of Justice authority to set safety standards; require gun manufacturers to repair, replace, recall, or refund the purchase price of defective guns; and to mandate warnings.

And the Department of Justice is qualified to set those standards, why? The gun industry already repairs, replaces, and recalls defective guns voluntarily. Read some of the gun magazines sometime. The recall notices are not common, but they are there. For example this recall of the Vektor pistol. Now THAT’s a defective gun, and why the CFA didn’t use it as an example is beyond me (unless, of course, no one was actually SHOT with one accidentally.) Now, why is it necessary for the Justice Department to get involved again?

This bill would also require that all guns be labeled to ensure that defective guns could be identified and traced.

They are already. By federal law all firearms are marked with a serial number that is recorded with the BATFE. But you’re not supposed to know that.

Currently, the only protection gun consumers are afforded against manufacturers of defective guns is to file a lawsuit after the victim has been injured or killed.

Excuse me, but isn’t that “the only protection” consumers have for defective products now? You’re not changing anything except adding another layer of bureaucracy on top. But that’s the point, isn’t it?

2) This bill would provide gun consumers with much-needed information.

Currently there exists no coordinated data collection on gun injuries and deaths that includes vital information such as the specific type of gun, caliber and source. This legislation would create a Firearms Violence Information and Research Clearinghouse to collect and analyze data regarding gun-related death and injury. This kind of data is essential to identify guns that are exceptionally likely to be involved in gun-related injury or death, and to notify gun consumers of the risks associated with such guns.

Yes, I’m sure that would be it’s only purpose. Let’s spend a few hundred million to find out that most gun deaths are attributable to old Smith & Wesson .38’s and inexpensive 9mm automatics (homicide and suicide), and that most accidental gun deaths are hunting related. That’ll be swell.

3) This bill would give gun consumers a voice in the regulatory process.

Currently, gun consumers have no say in the few voluntary standards developed by the industry. This legislation gives gun consumers a voice in the regulatory process by allowing them to petition the Attorney General of the Justice Department to amend or enforce specific regulations.

Um, I’m a “gun consumer” and the last thing I want is a bill allowing the general public “a voice in the regulatory process.” We’re outnumbered by the general population and this is an open door to regulating firearms out of existence. Maryland, for example, is doing exactly that with its performance requirements that restrict what guns can be sold there. The requirements have cause Beretta, for example, to stop selling there. You know – Beretta. The company that makes the sidearm carried by US military forces worldwide. Not safe enough for Maryland.

4) This bill would shield gun consumers from unreasonably unsafe products.

Currently, no federal agency has the authority to ban firearms technology that poses an unreasonable threat to gun consumers and the public. The bill authorizes the Department of Justice to ban the manufacture and transfer of specific guns and related products only if the agency determines that no other remedy would prevent unreasonable risk of injury.

(Deep breath:)THEY’RE FIREARMS! THEY ARE DEVICES DESIGNED TO HURL SMALL METAL PROJECTILES AT HIGH VELOCITY IN THE GENERAL DIRECTION THE BARREL IS POINTED! Now, define “unreasonably unsafe.” I’d imagine that, for the Department of Justice, that would eventually end up meaning “going BANG! when the trigger is pulled.”

Currently, gun manufacturers get around federal limits by cosmetically altering restricted guns to pass a basic “sporting purposes” test. This bill authorizes the Department of Justice to set uniform standards for guns with legitimate sporting purposes to distinguish them from guns prone for criminal use, such as modified assault weapons.

THERE we go! Let me translate that for you: “The legislature wasn’t able to pass a bill that really outlawed those eeeeevil assault weapons, so we need to set up a bureaucracy that can, without legislative oversight, ban any gun they decide looks too eeeeeevil. ” For instance, the recently introduced Smith & Wesson X-frame .500 S&W Magnum revolver that got so many gun-grabbers panties in a wad would be fodder for this kind of “uniform standards” restriction.

5) This bill would safeguard access to guns with legitimate sporting purposes.

And last I checked, the Second Amendment doesn’t say a damned thing about “sporting purposes.”

Just say “NO” to the Firearms Safety and Consumer Protection Act. It’s not about safety, and it’s not about protecting firearm consumers. It’s about restricting the right to arms some more.

England: Defend a Loved One, Go to Jail

Submitted without comment (for now):

Teenager jailed for knife attack

A TEENAGER who slit the throat of his mother’s violent lover was today starting a two-and-a-half year prison sentence.

One of Alex Court’s jugular veins was cut when 18-year-old Benjamin Gunton sliced open his neck with a knife.

He had turned on Mr Court, 37, who had numerous convictions for violence, after seeing him attack his mother, Norwich Crown Court heard yesterday.

Gunton, of Chestnut Court, Norwich, was sent to a young offenders’ institutions for 30 months after admitting causing grievous bodily harm with intent.

Passing sentence, recorder Alistair Wilson, QC, said: “The cut to his throat could well have killed him.

“It opened one of his jugular veins, but fortunately he survived. It is obvious this was as serious an assault as one can possibly imagine.”

Prosecutor Jonathan Seely said at the time Gunton, his four siblings, his mother Sheryl Barber and Mr Court were living in three rooms at the Sandcastle Hotel in Great Yarmouth.

On February 2 Gunton, who had been drinking for most of the day, was told by other residents that Mr Court was attacking his mother in their room.

When Gunton went into the room, Mr Court was hitting his mother across the face and had her pinned her on the bed.

Mr Court then moved towards him and Gunton said he feared he was about to be attacked too, so he used a knife to inflict a 10cm cut to Mr Court’s neck.

Mr Court lost a lot of blood at the scene and was taken to the James Paget Hospital in Gorleston.

He underwent an operation on his severed external jugular vein and his wounds were stitched and stapled. He was in hospital for three days.

Luke Brown, for Gunton, said he has a difficult family background and had witnessed his mother being abused by previous partners.

He added Mr Court had numerous previous convictions for violence and was acting aggressively when he was attacked.

The court was told Gunton’s previous offending involved dishonesty in order to feed a £60 a week heroin habit he had when he was young, but he had since weaned himself off drugs.

OK, ONE comment: This is JUSTICE?

UPDATE:  As of August 6, 2013, due to the herculean efforts of reader John Hardin, the original JS-Kit/Echo comment thread for this post (read-only) is available here.

The Catholic Church Brought This On Themselves, I Think

If you haven’t been following this story, Bishop O’Brien of the Phoenix, AZ diocese made a deal with Maricopa County Attorney Rick Romley to admit that he’d sheltered priests who had sexually abused parishioners. Worse than that, it appears that Phoenix was made the dumping-ground for “troubled priests” as Boston’s Cardinal Law (no saint, himself) considered Phoenix a diocese “with policies that are less restrictive than ours.” Then, O’Brien backpedaled on his statement.

Then O’Brien was involved in a fatal hit-and-run accident. He is now the first Bishop to have felony charges pressed against him.

Frank Keating, former governor of Oklahoma and a member of an investigative board examining the breadth and scope of sexually abusive priests in the Catholic church was recently forced to resigned from the board after he “compared the Catholic Church’s instinct for secrecy to that of La Cosa Nostra.”

Chuck Asay, once again, hits the nail on the head:

On a More Serious Note

In relation to the Doctors for the Reduction of Handgun Injury piece below, comes this link from Prof. Volokh concerning a 52 year-old woman who used instructions she found on the internet to take her own life. Now St. Louis Circuit Attorney Jennifer Joyce wants to prosecute the provider of that information for voluntary manslaughter.

Where do these people get law degrees?

Ms. Joyce believes that the suicide victim would not have killed herself if she hadn’t found that information. What planet is she from? She’d have found some way to end her life, if that’s what she’d decided to do. As I noted, 29,350 people offed themselves in the U.S. in 1999. Women don’t use a firearm as much as men do. The tend to use asphyxiation or poisoning, generally by drug overdose. This woman could have just as easily used the Japanese method of throwing herself in front of a train.

Question to Ms. Joyce: What if this information had been printed in a novel?

I’m quite tired of the government trying to protect us from ourselves.

Here’s an Interesting Article on the Third Amendment

Concept of civilian-controlled military is American

There are plenty of opinions on what the Bill of Rights says. But it would take some effort to find many media pundits opining about the neglected Third Amendment. Not these days. With the most technologically sophisticated military in human history, it is hardly likely that U.S. leadership might resort to putting soldiers in American homes anytime soon. The notion seems as antiquated as flintlock muskets.

Yet, the Third Amendment underscores a most important constitutional issue — civilian control of the military. In his debate in 1788 with Patrick Henry over the quartering issue, Bill of Rights author James Madison noted that the argument was not over the actual quartering of troops. The issue was, he said, that quartering was ”done without the consent of the local authority, without the consent of America.”

It details the history of the amendment, but it doesn’t mention Engblom v. Carey an obscure 2nd Circuit Court of Appeals ruling that “incorporated” the 3rd Amendment against state infrigement under the protection of the 14th Amendment.

IN 1982!

From the opinion:

We first address the novel claim based on the Third Amendment, a provision rarely invoked in the federal courts. We agree with the district court’s conclusion that the National Guardsmen are “Soldiers” within the meaning of the Third Amendment. Moreover, we agree with the district court that the Third Amendment is incorporated into the Fourteenth Amendment for application to the states.

(My emphasis.)

Even the THIRD Amendment gets an incorporation decision. But not the Second.

Here’s hoping that the Supreme Court will hear Silviera v. Lockyer. Let’s answer this question, finally. Seventy years is far too long a time to have waited.

I WANT ARIZONA OUT OF THE NINTH CIRCUIT!

Nod to Ravenwood for the link.

Reuter’s reports that the Ninth Circus Circuit Court of Appeals (the most overturned Circuit in the country) has decided that if an armed criminal didn’t intend to show his weapon, that he wasn’t really armed.

“A federal appeals court has tossed out the armed bank robbery conviction of a Los Angeles man after finding that — while he admitted being armed and robbing the bank — he did not mean to show his gun to a teller while demanding money.

“The U.S. 9th Circuit Court of Appeals said Tuesday in a written ruling that that Odom should have been convicted of unarmed bank robbery — which carries a lesser prison term — instead of armed robbery.”

Does that mean that if Congress bans possession of “assault weapons” that I’m not really armed if I keep mine, so long as I don’t intend for anyone to know I have it?

I want to live in the Fifth Circuit. At least the majority of Justices there have brains. There’s a couple in San Francisco with reasoning ability, but they are overwhelmed by the rest.