Category Archives: The Bill Of Rights

Beyond McCain-Feingold: Democrats to Regulate Grass Roots Lobbying Efforts

John Fund’s Opinion Journal article exposes the Democrats latest attempts to go even further than the McCain-Feingold campaign finance law.

[T]he Democrats are frantically trying to pass legislation before Memorial Day. First on the agenda is a bill restricting lobbying, which is heading for the House floor with lightning speed. The House Judiciary Committee is expected to pass it tomorrow, sending it to the full House for a final vote next Tuesday or Wednesday.

When a bill moves that quickly, you can bet an someone will try to make some last-minute mischief. Hardly anyone objects to the legislation’s requirement that former lawmakers wait two years instead of one before lobbying Congress. Ditto with bans on lobbying by congressional spouses and restrictions on sitting members of Congress negotiating contracts with private entities for future employment.

I have to agree with Mr. Fund on that. When a bill races through congress this quickly, chances are its bad news. Let’s call this “exhibit A” for the Read the Bills Act (RTBA). The article continues:

But the legislation may be amended on the floor to restrict grassroots groups that encourage citizens to contact members of Congress. The amendment, pushed by Rep. Marty Meehan of Massachusetts, would require groups that organize such grassroots campaigns to register as “lobbyists” and file detailed quarterly reports on their donors and activities. The law would apply to any group that took in at least $100,000 in any given quarter for “paid communications campaigns” aimed at mobilizing the public.

What? The Democrats, the ones who claim that they support the First Amendment, want to regulate organizations which encourage ordinary citizens to write, e-mail, call, or fax their representatives in congress? I’m socked! This must be the “new direction” the Democrats were telling us about.

Among the groups that believe the Meehan proposal would trample on the First Amendment are the National Right to Life Committee and the American Civil Liberties Union. The idea goes too far even for Sen. John McCain, who voted to strip a similar provision from a Senate lobbying reform bill last January.

Surly Sen. McCain wasn’t really foolish enough to believe that his campaign finance bill would be the end of the restrictions of the First Amendment, was he? We now find ourselves on this slippery slope of censorship, where will it stop? Could the Robert’s Supreme Court reverse this disturbing trend?

The Supreme Court is set to rule next month on a case addressing precisely that issue, and Justice Samuel Alito may be more inclined to view McCain-Feingold skeptically than was Sandra Day O’Connor, who was part of a 5-4 majority upholding the law.

Wouldn’t that be novel: the Supreme Court upholding the U.S. Constitution while our elected officials refuse to fulfill their oaths.

Hat tip: Boortz

Perhaps this is a radical proposition…

I was reading Michael Bane today, and he noted something that Sandy Froman (outgoing NRA president) wrote:

More Thoughts on the Supremes

I’m not the only one who’s feeling a bit queasy as Parker makes it was to the Supreme Court. This from my friend and former NRA President Sandy Froman, writing in World Net Daily:

If, on the other hand, the Supreme Court finds that the Second Amendment only grants states a collective right to arm National Guard units, then the consequences for the gun-rights movement could be disastrous. From that moment forward, Second Amendment rights for private citizens would be in serious jeopardy. Gun ownership could become a privilege, not a right (unless you live in a state where the state constitution contains a right to bear arms provision.)

Many millions of Americans, especially those in the middle of the political spectrum, tend to defer to the Supreme Court on constitutional questions. When the Supreme Court speaks on a matter, they tend to trust in its judgment and authority.

Right now, over 70 percent of Americans accept that the Second Amendment gives individual citizens the right to own private firearms. But if the Supreme Court were to say otherwise, you could expect that number to plummet. The next generation of lawyers, scholars, academics and even judges would all be taught as they were growing up that there is no constitutional right to own a gun. These people would shape public opinion and educate those coming after them, until eventually the percentage of Americans believing in the individual rights view might only be 20-30 percent of the population.

Frankly, I think I would rather see Congress strike down the D.C. law, which would automatically negate Parker…either that or have one more card-carrying conservative Justice on the high court.

Maybe I’m worrying needlessly about teh Court, probably the consequences of living with a lawyer for a long time.

It is important to note, the constitution does not GRANT us the right to keep and bear arms to defend ourselves, any more than it GRANTS us the right to practice our religion.

We have these rights inherently, as free men.

No law, or court ruling, or amendment can take away my right to defend myself, by force of arms if necessary; and I will actively resist the enforcement of such a law against me, with violence if necessary.

I am no second amendment absolutist. I recognize that violent felons, through their actions, have lost their right to bear arms. I recognize that people who are intoxicated or insane should not have access to arms. I believe that there should be limitations on the acquisition of weapons of mass destruction; and there should be storage and safety requirements for high explosives and poisons.

What I will not allow, ever, under any circumstances; is the government to disarm me without just cause; and no law arbitrarily disarming the populace could ever be just, under any circumstances.

There are 70-80 million gun owning household in this country; perhaps as many as 200 million people with guns in their homes. If only 1% of gun owners feel as I do thats at least 700,000 active resisters, perhaps as many as 2 million… and somehow I think it’s more than 1%.

The entire United States armed forces, and every cop in America couldn’t do it.

I’m no conspiracy nut, or separatist, or exilist or milita crazy etc… I’m a veteran, a husband, a father, a churchgoer and an upstanding member of my community.

I took an oath to defend my country, and my constitution, against all enemies foreign and domestic, and I intend to do so. Anyone who would pass or enforce such a law has become a domestic enemy of my country, and my constitution.

I WILL kill to defend my rights; and your rights; and everyone else’s rights. I will kill cops, I will kill soldiers, I will kill politicians; I will kill anyone who attempts to abrogate our fundamental rights in such a way; and I have no reservations about dying in the process.

Some things are worth dying for.

I am no radical; I simply recognize that the first step to mass extermination is disarmament; it has been in all cases in recorded history, and will continue to be so. History did not magically disappear, and change human nature with it, when world war two ended. The only proof against mass slaughter, genocide, and democide is an armed and educated populace. It always has been, and always will be.

I am not advocating the violent overthrow of the united states or it’s government; but I tell you right now, if the supreme court decides that we don’t have the right to bear arms in our own defense, against any who threaten us; then the second American revolution will be a heartbeat away.

Now, what I don’t understand, is why this is thought of as a radical proposition. To my mind, we should all feel this way.

I am a cynically romantic optimistic pessimist. I am neither liberal, nor conservative. I am a (somewhat disgruntled) muscular minarchist… something like a constructive anarchist.

Basically what that means, is that I believe, all things being equal, responsible adults should be able to do whatever the hell they want to do, so long as nobody’s getting hurt, who isn’t paying extra

How To Create A Police State

A guy named Dan Simpson, who sits on the Editorial Board of The Toledo Blade has written a column wherein he takes a position I don’t think I’ve even seen Sarah Brady take; the complete disarmament of the American public.

[H]ow would one disarm the American population? First of all, federal or state laws would need to make it a crime punishable by a $1,000 fine and one year in prison per weapon to possess a firearm. The population would then be given three months to turn in their guns, without penalty.

Hunters would be able to deposit their hunting weapons in a centrally located arsenal, heavily guarded, from which they would be able to withdraw them each hunting season upon presentation of a valid hunting license. The weapons would be required to be redeposited at the end of the season on pain of arrest. When hunters submit a request for their weapons, federal, state, and local checks would be made to establish that they had not been convicted of a violent crime since the last time they withdrew their weapons. In the process, arsenal staff would take at least a quick look at each hunter to try to affirm that he was not obviously unhinged.

(…)

All antique or interesting non-hunting weapons would be required to be delivered to a local or regional museum, also to be under strict 24-hour-a-day guard. There they would be on display, if the owner desired, as part of an interesting exhibit of antique American weapons, as family heirlooms from proud wars past or as part of collections.

Gun dealers could continue their work, selling hunting and antique firearms. They would be required to maintain very tight inventories. Any gun sold would be delivered immediately by the dealer to the nearest arsenal or the museum, not to the buyer.

It is, you see, quite easy. All you have to do is suspend civil liberties, forget about the concept of private property, ignore the Fourth, Fifth, Sixth, and Seventh Amendments.

But, of course, even Simpson’s efficient little police state will need it’s Gestapo:

The disarmament process would begin after the initial three-month amnesty. Special squads of police would be formed and trained to carry out the work. Then, on a random basis to permit no advance warning, city blocks and stretches of suburban and rural areas would be cordoned off and searches carried out in every business, dwelling, and empty building. All firearms would be seized. The owners of weapons found in the searches would be prosecuted: $1,000 and one year in prison for each firearm.

Clearly, since such sweeps could not take place all across the country at the same time. But fairly quickly there would begin to be gun-swept, gun-free areas where there should be no firearms. If there were, those carrying them would be subject to quick confiscation and prosecution. On the streets it would be a question of stop-and-search of anyone, even grandma with her walker, with the same penalties for “carrying.”

No search warrants,  no worries about probable cause, no right to a hearing. Just Dan Simpson’s gun-stealing Gestapo breaking your door down in the middle of the night. If that doesn’t send a chill down your spine, I don’t know what will. Even the cops who killed Kathryn Johnston went through the motions of getting a search warrant.

But what, you might ask about the possibility that guns might be imported from outside the United States ?

Commandant Simpson has an answer for that one too:

America’s long land and sea borders present another kind of problem. It is easy to imagine mega-gun dealerships installing themselves in Mexico, and perhaps in more remote parts of the Canadian border area, to funnel guns into the United States. That would constitute a problem for American immigration authorities and the U.S. Coast Guard, but not an insurmountable one over time.

Of course, given the lack of success the Coast Guard has had at keeping drugs out of the country, I don’t doubt that gun running would become the next hot line of business in Mexico.

Halfway through reading this thing, I was thinking that maybe Simpson was playing devil’s advocate. Maybe he really does believe in gun rights and he’s trying to create for readers a nightmare scenario of what the world would be like if we tried to take away every gun from every law abiding citizen.

But, no, I think he really believes it. Why else would he have spent the first half of the column talking about how he’s shot guns himself in the past ? The only reason I can think of is the one that McQ noted — by mentioning that, he can deny being an anti-gun zealot.

Whatever his motives,  Simpson has done us a great service, because he’s absolutely right. The only way that the forces who oppose the right of American citizens to keep and bear arms would able to truly accomplish their goals is to repeal not only the Second Amendment, but the rest of the Bill of Rights as well.

Giuliani: Privacy? “It Depends”

Commenter uhm pointed out this story:

Executive power hot topic at New Hampshire forums

Former New York Mayor Rudolph W. Giuliani yesterday defended President Bush’s extensive use of national security tools such as the USA Patriot Act as no worse than other countries, but Sen. Barack Obama said he would use executive orders to roll back some of those powers.

“The Patriot Act does give the government more tools, more power, but it’s not vastly out of line with what other governments have, free governments, democratic governments,” Mr. Giuliani told the Portsmouth Chamber of Commerce while campaigning for the Republican presidential nomination here in New Hampshire.

“All of this takes a little privacy away from somebody. It depends on who you take it away from, and what is at stake,” he said.

Yes, it certainly does. But as Michael Hampton at Homeland Stupidity points out this morning, discussing the relative ease of which our census bureau gave up information on the whereabouts of Japanese-Americans in 1942, you change who you take that privacy away from in an instant. They had promised that census data was confidential. But when you give up power to government, understand that the power you give up today may end up being used in ways tomorrow that you might not like:

I had several stories ready to go of government agencies losing, misplacing, or intentionally publishing private personal information on ordinary Americans. Forget all that. The danger of government databases being compromised is minor compared to the danger posed by the databases’ very existence. The privacy protections that Michael Chertoff and threats like him promise you today can be gone tomorrow, with an act of Congress, an executive order, or just a new regulation. After all, they’re all just words on goddamned pieces of paper.

I’ve often said that George W. Bush isn’t who I consider the greatest threat to liberty. I honestly believe that he would limit his actions to those people who he suspected to be legitimate terrorists [the fact that I don’t trust his judgement, though, is why I’d like to see them get some sort of trial and judicial oversight]. But Bush has opened a door with things like the Patriot Act, the widespread extension of Executive powers, and I wonder if the President coming up next, or perhaps 3 or 4 down the line, will be so restrained.

I want our next President to shut the doors that Bush has opened. I simply don’t see Giuliani doing that.

Somebody’s Gotta Say It (Book Review)

(Cross posted here at Fearless Philosophy for Free Minds)

As a regular listener of The Neal Boortz Show, I find this book every bit as hard-hitting, insensitive, informative, and entertaining as his show. The High Priest of the Painful Truth pulls no punches in his assault on ignorance whether from the Right, the Left, or Center. The Libertarian Party (the party that most closely reflects his views) is even skewered on a number of fronts.

It’s difficult to know how people who do not listen to his show will respond. You will likely find this book near books with a conservative political bent but conservatives who expect to find yet another book which relentlessly attacks the Left while keeping their sacred cows protected will be sorely disappointed. While Boortz dedicates a significant portion of the book to the lunacy of the Left, the Right is criticized for pushing their religious anti-science agenda on the American public (especially in government schools), their homophobia, and their continuous chipping away at the limited government platform they claim to embrace.

Boortz has many targets in this book but none receive more of his ire than government schools. Teacher’s unions exist solely to keep mediocre to incompetent teachers in a job; they will fight tooth and nail to prevent any kind of competition from private schools. But government schools are even more harmful that what we can see on the surface. Want to know why the American public has lost its love for freedom in exchange for security from an ever expanding government? According to Boortz, government schools are to blame. Government schools teach school children from a very young age that government is good and is the solution to every problem. There is even a chapter dedicated to how school children learn their first lesson in communism. Have you ever taken your child to the store and bought school supplies on a list only to have the teacher take those supplies away from your child to be donated to the class? If you don’t believe this to be a big deal consider the lesson your child is learning: he or she must give up his or her private property (school supplies in this case) for “the greater good” of the whole society (the classroom in this case).

Is it any coincidence that most Americans erroneously believe that America’s government is a democracy rather than a constitutional representative republic? Is it any coincidence that most Americans don’t know the difference or know why this distinction is important? Boortz contends that this is not by accident but by design. The purpose of government schools is not to educate students but to indoctrinate them into obedient citizens subjects.

Eventually, these school children grow up to be voters (Did I mention that the author finds no constitutional guarantee to the right to vote? Sounds crazy but once you read his arguments and consult the U.S. Constitution, he makes a compelling case). After thirteen years of government indoctrination, many of these adults see no problem with wealth redistribution, the welfare state, the nanny state, and have no genuine appreciation for liberty. This makes it very easy for politicians to pander to the American public to meet all of these needs which far too many people believe to be birthrights. Those who believe this the most tend to vote Democrat which leads me to his chapter “The Democrats’ Secret Plan for America.”

Boortz mockingly calls the Democrat plan a “secret plan” because of how Democrats typically scare various constituencies about Republican secret plans to kick old people into the street, burn black churches, and starve babies. Much of the secret plan is no secret at all however. So what do the Democrats have in store for America should they retain congress and win the presidency? According to the author we can expect the entire tax burden to be shifted to the wealthy, imputed income (which would put most all home owners in a higher tax bracket), place caps on income for those who “make too much,” add taxes to 401k and other investment vehicles which are not currently taxed, womb to the tomb universal government healthcare, the reinstatement of the “fairness doctrine” (which would effectively put an end to talk radio), the repeal of the Second Amendment, and several other such wet dreams of the far Left. If you don’t read any other chapter in this book, read this chapter.

Certainly, this book isn’t one which will leave the reader thinking “Its morning in America” but it does offer a fair amount of humor, positive solutions (such as what should be taught in government schools; provides his own citizenship test), and an inside peek of the talk radio business. Boortz opens the book by introducing himself, his interests and how he got into talk radio (under rather tragic circumstances). Even in the chapters that contain a discouraging outlook have a healthy dose of humor. But if you are overly outraged after reading the chapter about government funded art or the Democrat Party’s war on the individual, skip to “Chasing Cats” or “Terrorizing the Mailroom.” I won’t give away what these chapters are about but I assure you that you are in for a good belly laugh (that Boortz is quite the prankster).

Somebody’s Gotta Say It is a refreshingly honest, sober view of the body politic, American culture, and state of our world. Boortz presents a variety of original controversial ideas on a variety of issues. Such proposals would certainly make the political debate more productive if not more interesting (a number of these proposals can be found toward the end of the book in a chapter entitled “No Way in Hell.”). I highly recommend this book for anyone who is not easily offended. Anyone who is easily offended should skip this book in favor of a selection from the Oprah Book Club.

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