Sunday, March 30, 2008

letter to the Democratic Party

I know that most black voters don't know this, or don't think it matters.

Tuesday, March 18, 2008

Keller vs. DC case heard today.

I am always amazed that noone uses the militia argument for gun rights. Title 10, Section 311 makes all men between 17 and 45 members of the unorganized militia. Former officers retain membership in the militia until age 65.

Should militia membership be extended to women? Of course! But until the legislature gets it right, the right to keep and bear for members of the militia is very widely drawn.

In like manner, firearms that use military calibers should have special protection. That means that any regulation of weapons in military caliber should receive 'strict scrutiny' from the courts. That would include .38Special, .45Colt, .45ACP, and rifle cartriges in .30/40 Krag, .30/06, 7.62X51, 12 gauge, 12.7X99 (aka .50BMG), and 5.56X45.

Also we should keep in mind for future cases, the 14th Amendment extends Federal rights to citizens of the states, even against the states. And privately owned crew served weapons are protected, as they would be necessary if Congress was to use its power to grant Letters of Marque and Reprisal.

Thanks to the 'Bitch Girls' for an opportunity to comment.

Sunday, March 16, 2008

Another Tragedy for Gun Control

Eve Carson was, by all accounts, a very bright kid, with much to live for. Now she is dead. The people sho murdered her are responsible for it, but others, those who seek to ban defensive firearms, have a least a contributory responsibility.

May my children never come to her end. May we come to the wisdom that honest people should not be relatively disarmed compared to dishonest thugs.

Sunday, March 09, 2008

Clauswitz and Personnel Management

Clauswitz in his book "On War" suggested that people are either smart, or stupid, and either hard working, or lazy.

Those smart and hard working are suited for command.
Those smart and lazy make the best staff officers.
You can find some job for the stupid and lazy.
You have to fire those who are stupid and hard working. They make mistakes, and never learn, even from the deaths of thousands.

So, after the Charnel houses of the Soviet Union under Stalin, the perversion and butchery of Red China under Mao, and the torture and murder of National Socialist Germany under Hitler, Daniel Ortega's child molestation in Nicaragua, how stupid do you have to be to try that same old collectivist method again. Only this time try harder!


Saturday, March 08, 2008

Jury Nullification

My comments from Patterico's blog discussing jury nullification:

"Lawyers view juries as irksome limitations on their ability to get their way. Prosecutors view Criminal Defense Lawyers as irksome limitations on their ability to get their way. Criminal Defense lawyers view prosecutors as irksome limitations on the ability to get their way.

Our government is not “of the lawyers, by the lawyers, and for the lawyers”, nor should it be. Lawyers are specially trained servants, not masters. Consider a court with no lawyers. A pro per plantiff against a pro se defendant. The jury would still weigh the evidence against their own concepts of fairness, with little regard to the standards of fairness embodied in the law by other men, at an other time.

A bureaucracy is a mindset that applies rules developed to resolve problem A to problem B. A bureaucrat not only thinks that is a good idea, but also thinks that there is no possible alternative.

A non bureaucrat thinks about the problem at hand, and selects from his past experience, and the other experiences of his team, and tries to come up with the best solution. Imagine if a car manufacturer selected wooden wheels for his car because of some authoritative prescedent? We would still be using horses! And in the legal system, we are!"

In short, when lawyers restrict information to influence the Jury's ability to act as the sole judge of fact, then the Jury has the right and duty to act as judge of fact and law. To deny information to the Jury is to set the stage for the Jury to deny information to the Judge/prosecutor/defense.