Among the issues most commonly discussed are individuality, the rights of the individual, the limits of legitimate government, morality, history, economics, government policy, science, business, education, health care, energy, and man-made global warming evaluations. My posts are aimed at intelligent and rational individuals, whose comments are very welcome.

"No matter how vast your knowledge or how modest, it is your own mind that has to acquire it." Ayn Rand

"Observe that the 'haves' are those who have freedom, and that it is freedom that the 'have-nots' have not." Ayn Rand

"The virtue involved in helping those one loves is not 'selflessness' or 'sacrifice', but integrity." Ayn Rand

For "a human being, the question 'to be or not to be,' is the question 'to think or not to think.'" Ayn Rand
Showing posts with label right to bear arms. Show all posts
Showing posts with label right to bear arms. Show all posts

08 November 2016

A Crime Syndicate Head, Foreign Agent, Harridan President?

Hillary Clinton is the worst major party presidential candidate in my lifetime, with the possible exception of Obama.  The first election of Obama at least came with a built-in excuse for those of a lame mind and irresponsible nature.  Those who make no real effort to learn about the candidate for whom they vote could claim him as an unknown.  Of course they could not make the same excuse in 2012.

Hillary is a decades long known collectivist, personal power luster, and criminal and crime abettor.   She is now known also as the thief of government e-mails, a paid (through the Clinton Foundation) foreign government lobbyist while Secretary of State, and an effective undercover spy for foreign governments using her highly insecure e-mail server as a drop for our national security information for any foreign government to pick up at their leisure.  Hillary gave up classified documents and much insight into State Department bargaining positions for her convenience in hiding her pay for play schemes through the Clinton Foundation.  Any foreign government, generally friendly to the U.S. or unfriendly, that was not monitoring her e-mails was negligent or incompetent.  It is known that at least five foreign governments did and that some also monitored the e-mails of Hillary's close confidants.  It is likely many more were able to do so without leaving amateurish traces of their snooping.  Hillary truly should be in jail for her effective work as a spy against the national interests of the United States.

Let us not forget that Hillary also defied court orders to turn over the e-mails she stole from the government by destroying them.  Then she testified that she suffered massive memory loss both to the FBI and more importantly to the court when she evaded the answers to many of the Judicial Watch questions the court ordered her to answer.  Can a person with such massive memory loss function as President of the United States of America?  Before her severe memory loss, she failed to take the State Department required course to be able to recognize classified information and to handle it correctly.  Can anyone unable to recognize classified information be entrusted as President, the Commander-in-Chief?

Hillary took a nearly $100,000 payoff engineered through a commodities trading scheme from Tyson Foods and worked for them as a lawyer when Bill Clinton was attorney general and then governor of Arkansas so the state would look the other way as Tyson Foods heavily polluted the state rivers. Tyson Foods was then and still is one of the nation's top polluters.  Then she and Bill contributed to the savings and loan disaster with their Whitewater activities.  As President, Bill Clinton pardoned a top Tyson executive who was imprisoned for trying to bribe the Secretary of Agriculture.  Of course he also pardoned a fugitive from justice, Marc Rich, with the encouragement of Eric Holder.  Rich, a long-time contributor to the Clinton Foundation, was convicted of tax evasion, wire fraud, trading with the enemy, and racketeering.  The Clinton's have also had a long relationship with the billionaire pedophile Jeffrey Epstein and have often visited him on his island in the Caribbean Sea, known to many as Lolita Island.  The Clintons are very unusually nasty people.  They have close ties with many other corrupt people, including Hillary's brother.

Hillary Clinton was even later than Obama in continuing to support Don't Ask, Don't Tell (DADT) and the Defense of Marriage Act (DOMA), both of which came out of the Clinton administration and deprived LGBT individuals of their individual rights.  The reason for this may well be that most of the major nations providing contributions of money to the Clinton Foundation have laws making sex between two people of the same sex a crime punished by death.  Most also routinely deny women equal rights.

The Clinton Foundation claims that it is a charitable foundation and says on its website that it spends 87.2% of its money on program services.  But you are in serious error if you assume that this means that needy people are receiving 87.2% of the Foundation's contributions.  Almost all of that money is actually used to promote such causes as the catastrophic man-made global warming fraud and the provision of sub-standard AIDS medications made in India and the jetting around the world of Bill Clinton, Chelsea, and their colleagues as they build their world-wide crime syndicate with close alliances with scam artists and dictators around the world.  Now it appears that the Foundation even paid for Chelsea's wedding and a lavish income for her and her husband, the son of a convicted criminal.

Let us take note of Hillary's bad policy positions:

  • A national $15 minimum wage, still higher in high cost of living areas, which she wrongly claims will help grow the economy, but which will increase unemployment and force many businesses out of business
  • Support for union card check and the outlawing of Right-to-Work laws in the states, forcing many Americans into unions, dues payments, and making contributions to the Democrats many oppose
  • Kill off more coal industry and supporting industry jobs
  • Decrease or end fracking which provides us with relatively inexpensive and reliable energy
  • A 12-week family and medical leave mandate to be paid by increased taxes
  • Higher tax penalties to force more people to use the ObamaCare they hate
  • She has said behind closed doors that she wants open immigration
  • She wants the government to decide whether equal pay for equal work is the case in companies, but not for her staff.
  • Free college education, with taxpayers to pay for young people uninterested in learning, but very interested in four years of play
  • Increased business taxes, which will increase the cost of goods and services, decrease business investment, and decrease employee compensation
  • Supports the idea that carbon dioxide is a pollutant and the false claims of catastrophic man-made global warming
  • Spend more money on Medicaid and induce the states to do so also
  • Maintain the government monopoly on education, preventing school choice and anchoring the teachers unions as the prime beneficiary of government-controlled education
  • More limitations on the right to bear arms
  • Campaign limits on freedom of speech for individuals and companies, but not labor unions or other Democratic Party support organizations
  • Have taxpayers provide matching money for first-time home down-payments
  • Give preferred status to women and chosen minorities for capital access in starting businesses, thereby making it harder for men not in the preferred minorities to obtain capital
  • Force taxpayers to pay for more free Internet
  • Block efforts to privatize the VA and its medical services
  • Expand national service at taxpayer expense
  • Prevent options to save for retirement that by-pass Social Security impoverishment in retirement
  • Maintain policy to force Christians and others to violate their conscience
Well, Donald Trump is not a gentleman.  He can be childish and indelicate.  He has paid politicians to favor his business.  But, he is not the head of a major crime syndicate and he has not massively shuttled national security information into a drop to be picked up by any old foreign government.  He did not fail to act in Benghazi to save American lives and he did not lie about why those lives were lost.  He may well prove to be a failed President, but with Hillary's political track record and her massively wrongheaded policies, she will certainly be a failure.  Known failures should not be put in office.  If Trump fails, he should be put out of office in four years.  He does have a some good policies, such as
  • Supports the fossil fuel industries
  • Repeal of ObamaCare
  • Reduction of business taxes, making it much easier to U.S. companies to hire and build facilities and plants again in the U.S. and to bring home $2 trillion of money now kept abroad
  • Allow private schools to compete with the generally poor government schools
  • Bring order to immigration laws
  • Oppose the catastrophic man-made global warming scam, saving tens of billions of taxpayer money and ending distortions to the economic markets through crony mercantilism
  • Favors term limits on members of Congress
  • Freeze government employee hiring
  • Reduction of regulations with active effort to retire many
  • Allow energy infrastructure building to provide less expensive, safer, and more reliable energy
  • Cancel many of Obama's unconstitutional executive orders
  • Allow veterans to see private doctors rather than travel long distances to VA Hospitals and provide them timely service
  • Seriously investigate fraud in the VA
  • Overhaul the IRS with its attacks on freedom-favoring tax exempt organizations
  • Reduction of personal income taxes
  • Repeal the death tax
  • Supports the right to bear arms
I do not like Trump and since he will not win in Maryland, I may not vote for him.  But, he is clearly the lesser of two evils and it is not even close.  Trump is not a principled defender of individual rights, but neither is he a fully committed collectivist as Hillary Clinton is.  He probably has some respect for productive people operating in the private sector, which Hillary clearly does not.  He may prove a rascal as so many politicians do, but it may also take him time to become so corrupted and to learn the usual political paths to scamming the People.  If he disappoints us, as Hillary surely will, we should be happy to throw him out in 2020.

Hillary says "We are Stronger Together."   What she means is "I am stronger when you jump to it and do what I tell you to."  I for one do not want this not very intelligent, power-hungry person telling me what values I must choose and micromanaging my life.  She is incredibly presumptuous and would be even if she knew me, which she most certainly does not.

I am appalled by the number of Americans supporting her authoritarianism.  I note that this includes the majority of American women, who clearly do not wish to protect the rights of the individual against the force of government.  The use of force should be minimized in our society, not made rampant and placed in the hands of a corrupt, unknowing, uncaring harridan.


08 December 2015

On Prohibiting Guns to Those on the No Fly List

The No Fly List is an often incompetently compiled list which does not follow the judicial procedures that are a necessary protection of individual rights.  It denies individuals the right to travel by air with the false claim that one does not have a right to travel by air.  It is claimed that travel is just a privilege which government can revoke at its whim.

This is not true.  The right to travel is a very fundamental right.  Just as no one has the obligation to provide us with happiness, no one is obliged to enable our travel.  But, no one is justified in preventing our traveling with the use of force or the threat of force so long as we do so without hurting anyone else.  Before one's right to travel can be abridged, there must be a judicial determination that one has a history of initiating the use of force or that one has plans to do so. 

The right to bear arms is an explicitly guaranteed right in our Bill of Rights.  The Second Amendment to the Constitution specifically recognizes this right to own arms.  Obama's call to prevent the sale of arms and the possession of arms to those on the No Fly List is highly irrational.  I am sure it seems to make sense to many Americans, but it does not.

Only those who have established felony histories can be denied their Second Amendment right to bear arms.  This means those who are deprived of their gun rights have been first evaluated by our judiciary as a reasonable threat to others should they be allowed to own a gun.  But note what Obama is doing to undermine this basic right guaranteed in our Bill of Rights:  He is denying this right on the basis of a list made in denial of a travel right without a proper judicial review of those denied this right.  In his own terms, he is using the revocation of what he calls a privilege to justify the revocation of an individual right protected in our Bill of Rights.  The downgrade of our travel rights is being used as a basis to downgrade a right protected in our Constitution.

Even in the Articles of Confederation, the right to travel from one state to another was recognized.  Many court cases decided under the Constitution have also recognized this right to travel.  Yet since 9/11, this right has been denied, especially in air travel.  Now we see once again how the violation of one right is used to justify the violation of another individual right.


09 May 2013

Maryland Gun Control Infringement of the Right to Self-Defense

Oh, the many pleasures of corresponding with one's representatives in the state legislature and the federal government as an exercise in the right to petition one's grievances ends only in frustration.  One can always count on a Progressive Elitist standard viewpoint from these representatives, at least in the most un-free state of Maryland, known most erroneously as the Free State.  This state, long ago, provided perhaps the best unit to fight in the American Revolutionary War.  At that time, there sure was no prohibition against owning a military-style weapon.

The Progressive Elitists of Maryland are most united in the belief that while one may have a right not have one's hunting rifle prohibited, a weapon designed for self-defense is to be absolutely prohibited.  In this Progressive Elitist viewpoint, no infringement means only that any barrier an individual should have to overcome to exercise a right must not amount to an absolute prohibition, except in some cases.

This is the response I received to my letter in opposition to the latest effort of the state of Maryland to infringe the right to bear arms from my delegate Anne Kaiser in the Maryland House of Delegates:


Thank you for writing to my office and voicing your opposition to SB281:  Firearm Safety Act of 2013, introduced by Senate President Mike Miller on behalf of Governor Martin O’Malley.  This legislation provides a comprehensive plan of reforms to make people safer and reduce preventable gun violence.  It includes provisions regarding gun licensing and fingerprinting; gun safety; and mental health safeguards and services.

Specifically, the provisions of SB 281 bans the sale of military-style assault weapons; limits magazine capacity to 10 rounds (the previous limit was 20) and requires licensing, fingerprinting, and safety training to purchase a handgun.  These provisions should reduce “straw purchases” (where someone with a record gets a friend to buy a gun on their behalf) of both assault style weapons and handguns which over time should reduce the number of illegal guns on our streets while also promoting sensible, responsible gun ownership.

Further, this initiative creates safeguards to keep guns away from people who may be a danger to themselves or others due to mental illness, while also facilitating unprecedented levels of information sharing among federal and state partners for background checks.  This bill improves mental health services in Maryland by establishing a Center for Excellence on Early Intervention for serious mental illness and expands Maryland’s Crisis Intervention Teams, Crisis Response Services, and Mental Health First Aid.  Also, this bill establishes a Department of Health and Mental Hygiene led Task Force to Improve Continuity of Care for Individuals in the Community Mental Health System.

Despite characterizations of this bill and those of us who voted for it, I fully support our 2nd amendment rights.  I place our right to bear arms right alongside our freedom of speech, of a free press and our freedom of religion.  With each of these guaranteed freedoms comes rights and with each right comes responsibility.  And with each responsibility, comes reasonable regulations.

I believe that this bill crystallizes that responsibility in important, meaningful and manageable ways.  Crucially, the new law does not do the following:  it does not prohibit lawful citizens from obtaining or owning a handgun and it does not require additional licensing procedures for hunting rifles and shotguns.  The new law does not force citizens who lawfully possessed an assault weapon prior to the bill’s passage to surrender their weapon or to register it.  Furthermore, it does not require current lawful gun owners to retroactively obtain a license.

Your views are important to me and I appreciate that you have taken the time to write to me.  Please do not hesitate to contact me during the session should any other concerns arise.
 Very truly yours,
 Anne R. Kaiser

The exercise of a right comes with only the responsibility not to violate the equal sovereign rights of other individuals.  It does not come with a responsibility to expend time and effort to prove that one has such character as may be in popular approval by the government.  I should not have to prove that I will not somehow and at some future date violate the rights of others.  As for gun safety, if I already know that (as a veteran), why should I have to take a course from some state-licensed safety instructor at great expense and at the cost of valuable time?  This is an example of the state very much infringing my right to self-defense.

The 2nd Amendment clearly says the right of the people to keep and bear arms shall not be infringed.  Note that no infringement means that there shall be no barriers.  It does not mean that the barriers are such that they can be overcome and are not absolute prohibitions.

Furthermore, the prohibition on military style weapons makes no sense whatever.  The most essential reason one has a right to arm oneself for is self-defense.  Both the prohibition against so-called military style weapons and the limit to 10-round magazines are fundamental infringements on the right to self-defense.  The military uses the weapons it uses for defense.  I would use any weapon I might have for defense.  The reason we have a military is simply as an extension of our individual right to self-defense and the fact we have a military does not deprive us of any part of our right to self-defense.  Note also that this is an explicit prohibition and not a barrier which can be overcome with sufficient effort.

It is noteworthy that Anne Kaiser claims that she holds the right to bear arms as dearly as freedom of speech, freedom of the press, and freedom of religion.  Logically this means that the exercise of these critical freedoms can also be infringed by the requirement to be fingerprinted, forced to take lessons in their safe use, and that many statements and beliefs can be prohibited so long as some are allowed with due licensing of the individual.  In fact, Kaiser explicitly claims that the state can regulate freedom of speech, press, and religion.  Perhaps initially only the mentally ill and felons will be denied the license to exercise freedom of speech, the press, and religion, but I am sure we can count on the Progressive Elitists to expand the class of people denied these rights with time.

Of course, in the eyes of the Progressive Elitist, a person of the Tea Party persuasion is mentally ill.  Many of them have said this explicitly.  Since most psychiatrists seem to be Progressive Elitists, the state will have no problem finding one who will attest that someone who challenges the power of unlimited government is suffering a mental problem.

According to the National Institute of Mental Health, 26.2% of the U.S. population has a diagnosable mental disorder in a given year.  Does this mean that the state of Maryland will deny licenses to 26.2% of the applicants because they are claimed to have a mental illness?  Probably not, since most such cases have not been diagnosed, but given the infringements of this bill, will one have to have extensive testing for mental illness before being licensed in the near future.  After all, a precedent will have been established.  How extreme and of what type must the mental illness be before one is denied a license?  Yes, she talks of being a threat to oneself or others, but this is pretty speculative stuff and does not the Precautionary Principle so beloved by the Progressive Elitists require a very low bound on the possibility of danger?  If one were ever diagnosed as having a mental illness, would one be forever denied a license to bear arms?  Given how dear the right to bear arms is for Anne Kaiser, how long before the same problems arise to get that license for the exercise of freedom of speech?  You must have much more faith in the goodwill of government than I do to feel at all comfortable with these issues.  Ignorance of history or total irrationality would be a precondition for such faith.

As for the new mental health bureaucracy this law will set up in the state of Maryland, I can only imagine the horrors to come.

It is comforting to know that more than half the number of votes needed to pass this bill in the Maryland House of Delegates may have been cast by the 26.2% of the delegate population with diagnosable mental illnesses.  The remainder of those for this bill may have been voted into office with most of the votes from the 26.2% of Maryland voters who are estimated by the very Progressive Elitist National Institute of Mental Health to have diagnosable mental illnesses.  To be sure, such mental illnesses may be far more common among the Maryland Delegates than among the population at large.

The violation of individual rights by the state of Maryland and by the federal government has become a habit.  There is nothing one can trade one's basic individual rights for that is worth the trade.  You should note that the Declaration of Independence informs us that the only legitimate function of government is the protection of individual rights.  Governments that violate those rights become morally illegitimate no matter how many popular votes the politicians may collect.   Evil thrives in the state of Maryland because collectivist politicians here collect hordes of votes.

The Maryland House of Delegates is coming to help us exercise our responsibilities.  Be afraid ...  no, be terrified!

17 March 2010

Timothy Sandefur - Revive "Privileges or Immunities"

Timothy Sandefur, a principal attorney at the Pacific Legal Foundation and author of The Right to Earn A Living to be published by the Cato Institute, wrote an article in the National Law Journal of 1 March 2010 with the title Revive "Privileges or Immunities."  First I will quote him on the history of this extremely fundamental and critical constitutional issue of our sovereign individual rights:

When it was ratified in 1868, the 14th Amendment added several revolutionary new provisions to the Constitution, barring states from violating the "privileges or immunities" of citizens, or taking anyone's life, liberty or property without "due process of law," or depriving people of the "equal protection of the laws." But the first time it heard a case under that amendment — in the 1873 Slaughterhouse Cases — the Supreme Court basically erased the privileges or immunities clause, dramatically limiting the way the federal government would protect people against wrongful acts by state officials.
That case began when Louisiana passed a law forbidding butchers from slaughtering cattle anywhere in New Orleans except a single, privately owned facility. The beef industry was big business in New Orleans, and the new law put hundreds of butchers out of business overnight. The butchers sued, arguing that the law violated their right to earn a living without unreasonable government interference. Judges had recognized that right as far back as 1602, when England's highest court declared government-created monopolies illegal under the Magna Carta. The right to earn an honest living came to be recognized as one of the fundamental rights — or "privileges and immunities" — in the common law.
Yet in Slaughterhouse, the Court ruled against the butchers, holding, 5-4, that despite the new amendment's language, federal courts would not guarantee traditional rights against interference by states. With only minor exceptions, the Court declared, those rights were "left to the State governments for security and protection."
 Or, at least as likely as history has shown us, the state and local governments will choose to violate our traditional rights, despite the fact that human life requires us to earn a living and we should be able to expect that those governments which are legitimate would act to preserve and protect that right and all other rights we hold as sovereign individuals.  Sandefur continues:
The Court later backed away from the extreme states' rights position it took in Slaughterhouse. Relying on the 14th Amendment's due process and equal protection clauses instead, it built the "incorporation" doctrine that requires states to respect the Bill of Rights. But although these clauses bar states from violating some freedoms or discriminating against –citizens in certain ways, states remain free to intrude on the rights of entrepreneurs and property owners thanks to the "rational basis" doctrine that the Court devised in the 1930s. That doctrine holds that certain rights — like freedom of speech or religion — are accorded strong judicial protection, but other rights, including the right to earn a living, receive almost none. Thus bureaucrats have nearly free rein to impose restrictions at will on a person's economic freedom, even when those restrictions have no realistic connection to protecting public safety.
Sandefur hopes that the McDonald v. Chicago right to bear arms case will induce the Supreme Court to revive the privileges and immunities clause of the 14th Amendment.  The failure of the Supreme Court in the past to honor this provision of our Constitution has long awaited correction.  There is no doubt what the intent of this provision was when it was added to the Bill of Rights.  Neither the Supreme Court nor any other part of American government have the right to ignore our individual privileges and immunities as they have long done.  The revival of this constitutional provision would have huge import for insuring our right to work for a living, which is now heavily violated by all levels of government.  Let us hope that Obama's stupid attack upon the Supreme Court during his State of the Union address, will have only served to give the Supreme Court the backbone it needs to fix this terrible neglect of the People's individual rights.  There is some indication this may be the case!

20 July 2009

Sotomayer the Unjust, the Oppressor

I have earlier noted that Judge Sonia Sotomayor has severe shortcomings as a federal judge and would be unsuitable as a Justice of the Supreme Court. I discussed her faults with respect to group identity biases and with respect to her lack of respect for private property rights in posts on 27 May and 3 June of 2009. Today I will discuss another huge problem affecting our individual rights.

This problem is revealed by her decision in the case of Maloney v. Cuomo, which considered whether the recent Supreme Court decision that the people of the District of Columbia have a right to own and bear arms applies to citizens who live in states. Remarkably, Judge Sotomayor found that states have the power to deny their citizens the right to own and bear arms even if they are law-abiding citizens. She held that the Second Amendment does not recognize an individual right which no government in the United States of America was empowered to violate.

It is very clear that the Framer's of the Constitution and the Bill of Rights intended to protect just such an individual right from all levels of government with the Second Amendment, just as they were doing the same to protect individual rights to freedom of speech and a free press in the First Amendment. Indeed, it has been well-established law that the protections of the First Amendment do apply to all Americans, just as freedom from illegal search and seizure guaranteed by the Fourth Amendment does. Sonia Sotomayor thinks otherwise with respect to the Second Amendment.

Given this viewpoint that the amendments to the Constitution may or may not, upon her whim, actually serve as protections of the individual and his sovereign rights from the worst predators extant, namely our governments, it is clear that Sotomayor is even more ready than most progressives to eviscerate the Constitution. She is determined that it will not stand in her way when she personally decides that she likes something or she does not. She has already made it clear that it will not stand in her way when it comes to the law being blind with respect to a person's race or ethnic background. She has made it clear that she recognizes little to no personal property rights, if a government body lusts after an individual's property. She has also made it clear that even a right to which an entire original amendment in the Bill of Rights was devoted, earns no respect from her.

We must rationally conclude that not a single right guaranteed to Americans in the Constitution is safe from her predations. She is clearly such a believer in all-powerful governments that no individual right has any real standing with her. If a government wants it, that government gets it. We, as individuals, have no protection from governments based upon our rights, whether to be judged only on the basis of our character, to own property, or to own and bear arms today; but tomorrow we may just as well have no freedom of speech, no freedom to assemble, to freedom to petition government, no freedom of the press or Internet, and no freedom from unreasonable search and seizure. It seems clear that she, as with Joe Biden, believes that individuals only have those "rights" which government chooses to give them. What government gives at one time, it can take away at another and Sotomayor is prepared to help with the taking.