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crime and punishment ideological culture judiciary national politics & policies Second Amendment rights Tenth Amendment federalism term limits U.S. Constitution

Perry Mason for the Court

Legend has it that a juror once ran up to attorney Neil Gorsuch, after Gorsuch won a case proving a gravel pit owner had been cheated, declaring, “You’re Perry Mason.”

These days, Gorsuch sits on the Tenth Circuit Court of Appeals, and is President Donald Trump’s nominee for the late Justice Scalia’s seat on the nation’s highest court.

And now Gorsuch is receiving testimonials worthy of the indefatigable TV lawyer.

Brad Smith, the chairman of the Center for Competitive Politics, expressed his pleasure “that President Trump has nominated someone who will defend a robust First Amendment.”

Ballot access expert Richard Winger noted that Gorsuch has a “good record in cases involving independent candidates and minor parties.”

“I am hard-pressed to think of one thing President Trump has done right in the last 11 days since his inauguration,” wrote Neal Katyal in the New York Times. “Until Tuesday,” continued the Georgetown law professor, “when he nominated an extraordinary judge and man, Neil Gorsuch, to be a justice on the Supreme Court.”

Katyal, who had served as an acting solicitor general in the Obama administration, added that Gorsuch’s record of holding government officials accountable “should give the American people confidence that he will not compromise principle to favor the president who appointed him.”*

Even I have pertinent testimony: back in 1992, Gorsuch argued (in a co-authored Cato Institute paper) that term limits were “constitutionally permissible” as “institutional constraints on the power of government” that “the Framers,” if alive today, would likely see as “necessary preconditions for liberty.”

No, Gorsuch is not actually Perry Mason — I never knew where Perry stood on term limits.

This is Common Sense. I’m Paul Jacob.

 

* On Reason’s Hit & Run blog, Damon Root strongly agreed.


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crime and punishment general freedom ideological culture media and media people Second Amendment rights

The Truth About Gun Control

Confucius said that our first task is to “rectify the language.”

That amounts to word control, but we probably should not take that too literally. We cannot “control the language.” Instead, we should take caution: error often rests upon improper word choice.

Take as an example not word control, but . . .

Gun control.

Which, Thomas Sowell reminds us, isn’t what it seems to be. “The fatal fallacy of gun-control laws in general is the assumption that such laws actually control guns,” Sowell wrote on the first day of winter. “What such laws actually do is increase the number of disarmed and defenseless victims.”

A new wisdom? No. Sowell, in 2016, is disabusing The New York Times for its inanities regarding the bearing of arms. In 1925, H. L. Mencken took on The Nation.

Gun control, Mencken wrote, “would not take pistols out of the hands of rogues and fools; it would simply take them out of the hands of honest men.”

Sowell argues that, no matter how irrational spree and mass murderers may seem, they “are usually rational enough to attack schools, churches, and other places where there is far less likelihood of someone being on the scene who is armed.”

Mencken noted that the gunman of his day “has great advantages everywhere. He has artillery in his pocket, and he may assume that, in the large cities, at least two-thirds of his prospective victims are unarmed. But if the Nation’s proposed law (or amendment) were passed and enforced, he could assume safely that all of them were unarmed.”

Maybe, following Confucius*, we should call laws against concealed carry not “gun control” but “citizen disarmament.”

This is Common Sense. I’m Paul Jacob.

* “Confucius” is the Western name for Kong Qui (551-479 B.C.E.), the great Chinese sage. He was often referred to by the honorific Kong Fuzi, meaning “Grand Master Kong,” which Jesuit missionaries to China in the 16th-century Latinized to “Confucius.”


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ideological culture national politics & policies Second Amendment rights

Second Amendment People

Donald Trump states things in a manner simultaneously ambiguous and incendiary.

Of course, he has help from the media, the Clinton camp and other embittered opponents, all elated to act as firestorm propellants . . . through as many 24-hour news cycles as possible.

At a rally this week, Trump claimed that a President Hillary Clinton would appoint justices to the Supreme Court committed to undermining our individual right to bear arms. “If she gets to pick her judges, nothing you can do folks,” he told the crowd, before adding, off-the-cuff, “Although the Second Amendment people — maybe there is, I don’t know.”

The Clinton campaign and much of the media (but I repeat myself) immediately took this as a clear call to Second Amendment activists to . . . well, summarily execute Mrs. Clinton.

A leap? As Hillary would say, “Let’s unpack this.”

Would Mrs. Clinton curtail gun rights as Trump charges? She recently told Fox News that she would not choose justices seeking to overturn the High Court ruling in the Heller case, which interpreted the Second Amendment as guaranteeing an individual gun right.

Do I trust her? Stop laughing and read on.

Was the Donald attempting to incite violence against Hillary? No.

But what should be the people’s response were a future president or court to declare our right to defend ourselves null and void?

Remember, musket-armed American patriots met the British redcoats at Lexington and Concord for the shot heard ’round the world. Why? Specifically to stop the Brits from rendering the colonists defenseless by confiscating their arms and ammunition.

The implication? Clear.

So, with a chill down the back of our necks, let’s hone and redouble our peaceful support for our most basic right, self-defense.

This is Common Sense. I’m Paul Jacob.


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Accountability government transparency ideological culture media and media people moral hazard nannyism national politics & policies political challengers porkbarrel politics responsibility Second Amendment rights too much government U.S. Constitution

The Clinton Chasm

Hillary Clinton is roundly disliked by millions of outsiders, but admired by hundreds of politicians and activists. What sets her apart?

She listens.

Well, that’s Ezra Klein’s take in “Understanding Hillary,” an almost-believable piece of apologetics courtesy of Vox.

He calls Hillary’s problem “The Gap,” though “Vast Chasm” is more like it.

There’s a huge difference between how the public sees her — “Polls show most Americans doubt her basic honesty” — and how her fellow insiders feel about her. “She inspires a rare loyalty in ex-staff,” Klein informs us, “and an unusual protectiveness even among former foes.”

Klein emphasizes Mrs. Clinton’s capacity to talk naturally and listen carefully, when dealing one-on-one with insiders and constituents, and in small groups. “She gets things done,” he asserts, though I think what he really means is she moves her agenda forward. Actual accomplishments? Open to dispute.

On the crucial issue of trust, Klein buys into what Hillary is selling. She says people doubt her because she’s been so often attacked.

I don’t know about you, but I doubt her because . . . well, cattle futures, for starters. Her ridiculous “vast right-wing conspiracy” dodge to all those rich 1990s scandals: the blue dress, President Bill losing his law license, even the crony takeover of the White House travel office. Hillary has led the way more recently with the Benghazi “video” lie and her private server and email scandal. Plus, witness the ongoing conflict presented by the Clinton Foundation raking in millions from unsavory foreign sources..

Klein, on the other hand, argues that the media is against her.

This is Common Sense. I’m Paul Jacob.


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Accountability general freedom moral hazard nannyism national politics & policies Second Amendment rights too much government U.S. Constitution

The Freak-out Factor

Most folks are so unused to seeing normal people carrying guns around, out in the open, that when they it, they freak out.

Among those who are at least, well, unsettled by the spectacle? The police.

Funny, the gun freaker-outers don’t usually freak when they see police with guns. But that may be changing as more and more video footage comes out regarding police shootings of suspects under suspicious circumstances.

It is not exactly by accident that there are protests in numerous cities.

So, police being human, we cannot be surprised when, after the Dallas and Baton Rouge killings of police, “[t]he head of the Cleveland police union called on the governor of Ohio to declare a state of emergency and to suspend open-carry gun rights during the Republican national convention. . . .”

The governor’s office responded that Gov. John Kasich had no authority to do such a thing. Open carry was a law in the state. Only inside buildings could carry rights be suspended (as they have been, selectively).

Steve Loomis, the Cleveland Police Patrolmen’s Association head, said that he did not “care what the legal precedent” may be, and “couldn’t care less if it’s legal or not.”

If Loomis, a leader in “law enforcement,” boasts this attitude, no wonder police have had so many trigger finger incidents, sparking so much anguish, protest, and debate.

It’s time for police to rethink their approach to people who have rights to carry weapons.

Perhaps more importantly, we should all try not to freak out so easily.

This is Common Sense. I’m Paul Jacob.


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crime and punishment free trade & free markets general freedom nannyism national politics & policies Second Amendment rights too much government U.S. Constitution

What Doesn’t Fly

After the Orlando massacre, isn’t it time to get guns out of the hands of . . . licensed security guards?

Omar Mir Seddique Mateen, who murdered 49 people and wounded 53 others in The Pulse nightclub, worked for the globe’s largest security firm, Britain’s G4S. He passed two background checks conducted by the company.

Mateen’s government credentials included “a Florida state-issued security guard license and a security guard firearms license.” Twice, he was investigated by the FBI, in 2013 and again in 2014, and cleared — investigations closed.

Should we talk about security failures?

Instead, a filibuster by Connecticut Sen. Chris Murphy and a sit-in protest by House Democrats changed the channel to gun control. The Senate voted on four bills that threatened more than the Second Amendment. Our Fifth Amendment rights to due process were also in the sights of crusading Democrats and appeasing Republicans and still are.

Not to mention the Ninth Amendment, freedom to do all manner of things, including travel.

Hillary Clinton says that “if you’re too dangerous to get on a plane, you’re too dangerous to buy a gun.” Yet, the problem comes in government simply declaring someone too dangerous to fly or to buy a gun, without ever publicly bringing a charge — you know, with evidence — much less convicting that person of a crime.

Having a government agent place a name on a secret list doesn’t even approximate due process of law. And, accordingly, doesn’t justify stripping a person of fundamental liberties.

Terrorism is terrifying . . . but not any more so than politicians who, in pursuit of their political agendas, don’t think twice about our freedoms or their constitutional limitations.

It’s not all right.

This is Common Sense. I’m Paul Jacob.


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crime and punishment general freedom ideological culture media and media people nannyism national politics & policies Second Amendment rights too much government U.S. Constitution

Anti-Gun Barrage

America’s would-be gun-grabbers, chiefly in the media and “on the left,” don’t know much about guns.

But they know what they hate.

After the horrific terrorist shooting spree in San Bernardino, MSNBC and CNN went on a shooting-their-mouths-off spree, relentlessly pushing the need for stricter gun control. President Barack Obama and his fellow Democrats echoed the theme.

Cenk Uygur of The Young Turks went full accelerando, unleashing a foul rant about how “we” are the terrorists and “we” are letting “us” get away with mass murder “every week,” ignoring the statistics that murder rates have gone down, are still going down, and that the rest of the world is being hit with mass shootings too, mainly from Muslim radicals.

When the news came out that the perps were, indeed, Muslim, the barrage of anti-gun talk didn’t stop, though their intellectual ammunition had fizzled.

The president went further off his rocker, calling the guns he wanted to ban “powerful” — though they are of lower caliber than many handguns — while Hillary Clinton talked about the need to ban “assault rifles.”

As has been noted by others, “assault rifle” only means what anti-gun folks say it means, and what they designate as assault weapons are not (contrary to their constant implications) the equivalent of machine guns (which have been illegal for citizen ownership for a long, long time).

Being scared of scary-looking guns is no excuse not to be able to define them. While it would be good to reduce incentives for folks to “go postal” or to commit terroristic acts, we aren’t going to prevent mass shootings by a simple prohibitionary or mere regulatory regime.

That’s for scare-mongers to push. And us to resist.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights general freedom ideological culture nannyism national politics & policies Second Amendment rights too much government U.S. Constitution

Enumerated Wrongs

Will the government soon quarter troops in your home?

The Third Amendment prohibits that, sure — but if prominent and powerful Democrats are so anxious to toss out the First and Second Amendments to the Constitution, who’s to say they wouldn’t jettison the Third?

Last year, every Democratic U.S. Senator voted to repeal the First Amendment’s guarantee of freedom of speech and replace it with new, broad powers for them to regulate campaign spending, thereby speech.

Luckily, those 54 senators lacked the two-thirds margin needed for their amendment.

Now, in the face of “gun violence” and (pssst) terrorism, President Obama, presidential aspirant Hillary Clinton, and true-blue MSNBC’s Joe Scarborough, want to scrap the Second Amendment. How? By first scrapping the Fifth, which guarantees that “No person shall be … deprived of life, liberty, or property, without due process of law.” They demand that Americans on the so-called “terrorist no-fly list” be denied the Second Amendment right to a firearm, despite the fact that the bureaucratically created no-fly list offers not a scintilla of due process: no charge, jury, trial.

Would this new regulation have prevented the San Bernardino murderers from getting guns? No — they had recently flown across the world.

The frequent-flying Boston Marathon bombers didn’t make the list, either.

But the list did label an 18-month-old girl a terrorist, snatching her rights like taking candy from a . . . toddler.

“Just what will it take for Congress to overcome the intimidation of the gun lobby and do something as sensible as making sure people on the terrorist watch list can’t buy weapons?” Mrs. Clinton asked rhetorically at a campaign event.

Answer: an illegal abrogation of the most fundamental and cherished rights in human history.

This is Common Sense. I’m Paul Jacob.


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Most Murders?

As the nation reels from another school-place murder spree, this time at Umpqua Community College in Roseburg, Oregon, The Detroit News took notice of a not wholly unrelated milestone: St. Louis, Missouri, took “title” to “nation’s murder capital” from Detroit, Michigan.

Detroit’s Chief of Police waves, as he put it, a “flag of progress,” not a “flag of success.” Crimes overall are down . . . as are (interestingly) police forces. Still, as the FBI stats for 2013 make clear, “Motor City’s overall violent crime rate remains the nation’s worst for the second straight year for cities of more than 100,000 residents.”

St. Louis scored 50 murders per every 100,000 population; Detroit went down to 44 per 100,000.

But hold your breath: all this is based on a per capita reckoning: Detroit still tallied more murders than did St. Louis, 298 to 59. Detroit just has more population.

In total terms, Chicago actually leads the nation, with 411 murders. (These include all murders, not just gun-related homicides.) New York follows with 333. Then it’s Detroit, followed by Los Angeles (260), Philadelphia (248), Houston (242), and Baltimore (211).

The 2013 murder count for the nation?14,249. Subtract the seven highest grossing murder cities and the number is 12,246.

That’s still a lot, but remember: nationwide, the murder rate (including murders with guns) continues to plummet — even with more guns in private hands. Could it be that more than “more cops” and “more jails,” more guns is the answer?

Dramatic Gun-Free-Zone shootings are trend exceptions. Most usages of guns remain in self-defense. Real gun control has been, in a sense, privatized.

This is Common Sense. I’m Paul Jacob.


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Times Misfires

Time to revise the Times’s motto? Should “all the news that’s fit to print” read “misprint” instead?

Maybe, after the New York Times’s latest editorial snafu, charging the NRA with hypocrisy for banning arms-bearing at its April convention.

According to the editorial, “none of” the attendees were allowed to “come armed with guns that can actually shoot. After all the N.R.A. propaganda about how ‘good guys with guns’ are needed to be on guard across American life . . . the weekend’s gathering of disarmed conventioneers seems the ultimate in hypocrisy. . . . So far, there has been none of the familiar complaint about infringing supposedly sacrosanct Second Amendment. . . .”

But after first hitting print, the text has changed. It was too quickly and conspicuously confirmed that “anyone with a permit valid in Tennessee can ‘come armed [to the convention] with guns that actually shoot,” that “the NRA had no problem with gun owners with the proper gun permits bringing their weapons inside.”

So the Times editorial was edited after initial publication, nixing the reference to “the ultimate in hypocrisy.” The revised online editorial now merely professes dismay that guns won’t be allowed in one of the convention venues . . . but doesn’t mention that this is because of the policy of that particular venue, not the NRA’s.

The editorial still complains that nobody is complaining about alleged Second Amendment infringement no longer attributable to the NRA. Whose alleged hypocrisy was the Times’s original point.

It’s like somebody’s shooting at random and just hoping to hit something.

This is Common Sense. (I mean this, not the Times editorial, is Common Sense.) I’m Paul Jacob.


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