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« May 2008 | Main | July 2008 »

Heller Decision -- Deeper Analysis

"Strictest Scrutiny" Found in the Fine Print

Many Other Assets Revealed After Study

Gura Takes Another Case

FIRST, THREE NEWS ITEMS:

1.

June 26, 2008: "An 'outraged' Chicago Mayor Daley this morning denounced a U.S. Supreme Court ruling overturning Washington D.C.'s handgun ban as a 'frightening decision' and a "return to the days of the Wild West.'"

Adding salt to the wound, Chicago was immediately sued over its own tyrannical handgun ban and licensing tax scheme, by a coalition of pro-human-rights groups including the Second Amendment Foundation, the NRA and the Illinois State Rifle Association. Quoting from the SAF announcement (saf.org):

"Chicago's registration scheme cries out for common-sense reform," ISRA Executive Director Richard Pearson said. Under Chicago's gun law, firearms must be re-registered annually. Alan Gura, lead attorney in the Heller case, is in charge of this lawsuit.

"Each time," Gura said, "a tax is imposed, forms must be filled out, photographs submitted. A person who owns more than one gun will be constantly in the process of registering each gun as it comes due for expiration. If registration is to be required, once is enough."

He further noted that Chicago's bizarre requirement that guns be registered before they are acquired often makes registration impossible. Failure to comply with the scheme means that a gun not re-registered on time can never be registered again. Some anti-rights advocates are reportedly happy because gun registration is being accepted as if it's a restoration of rights, which it is not.

Daley's "Wild West" comment refers to a bogus notion used by every anti-rights zealot in the country. It's usually used to resist carry-permit legislation, which has been proven to reduce crime, not revert society to the days of Dodge City. "Why let facts get in the way of a good red-faced rant," said The Uninvited Ombudsman, to no one in particular. He added, "Registering honest gun owners lacks a crime-fighting component, and directs scarce funding in the wrong direction -- tracking the innocent." Criminals cannot be registered, due to 5th Amendment self-incrimination rules. More here: http://www.gunlaws.com/gunreggie.htm

Continue reading "Heller Decision -- Deeper Analysis" »

Gun Law Update -- Flash -- Heller Case Affirmed!

5 to 4 Decision Saves Gun Rights In America

D.C. Gun Ban Is Unconstitutional and Overturned

Second Amendment Protects an Individual Right Unconnected with Militia Service, and is preserved by a single vote

Use of firearms for traditional lawful purposes such as self defense at home is a protected right

The history, precedents, scholarship and wording of the Second Amendment support the Court's decision

The idea that a lawful firearm at home must be locked or disassembled prevents a core legal use of self defense and is unconstitutional.

The High Court instructs D.C. to let Heller have a firearm at home.

BUT:

The Second Amendment like most rights is not an unlimited right and some 'longstanding restrictions' on what you can carry, where you can carry (schools and government buildings are mentioned), concealed carry, existing laws regarding felons or the mentally ill, and laws "imposing conditions and qualifications on the commercial sale of arms" are permissible.

Continue reading "Gun Law Update -- Flash -- Heller Case Affirmed!" »

Counterintuitive Man says: Lobbying and lobbyists are swell!

The candidates and the media whine non-stop about lobbyists, power brokers and bowing to special interests, but they don't have their thinking caps turned on!

Politicians swear to uphold the Constitution, which says we the people have an absolute right to "petition Congress for a redress of grievances." How do you think you do that, by writing a letter?

Every industry, every group and every person has the freedom and an inalienable right to lobby Congress directly themselves! And they should -- it's the American way!

If you want the elites in Congress to consider your wishes, what better way than to hire a pro to represent you! Or two pros!

If someone wants to cut off your access to Congress by outlawing your professional representatives, that makes them the enemy!

Lobbying is why America is better than a dictatorship! Well, it's part of why.

If your mouth and brain don'ta worka so good, it's great that you can hire extra brainpower and a mouthpiece to speaka for you!

Continue reading "Counterintuitive Man says: Lobbying and lobbyists are swell!" »

Black Male Blackmail

The lamestream media told you:

Harriet Christian, a Hillary supporter, made national news when she spoke out publicly about the odd goings on within the Democrat party leadership in deciding to selectively admit and reject votes from Michigan and Florida. This was termed "punishment" for people making up their own minds about how to vote during caucuses. Her rant at the DNC received nearly a million hits on YouTube within 48 hours, and an exclusive interview on FOX-TV.

One of her claims, that people asked "Is the country ready for a woman as president," but didn't ask "Is the country ready for a black as president," has led some to claim she is a racist, but she was only repeating what people everywhere were saying.

The Uninvited Ombudsman notes however that:

As guest columnist Craig Cantoni made clear recently, "racist" and "racial" are not synonyms. Asking questions about race are racial questions, perfectly normal and legitimate in civilized conversation.

Harriet's point, long avoided by lamestream outlets, points to blatant racism and support of that racism by some blacks and some other people "of color," who effortlessly promote inequality and unequal treatment for themselves, self-imposed segregation, racial benefits and entitlements, and exclusionary practices that would receive fiery attacks if done by other groups, especially whites.

The racist hatred spewed from the pulpit of Obama's church -- and especially the wildly exuberant acceptance of it by the flock -- is a prime example, and has received some attention, finally forcing Obama to withdraw from his church of 20 years.

The issue though has not yet reached the endemic racist nature of structures like the National Association for the Advancement of Colored People, The United Negro College Fund, The National Council for The Race ("La Raza," a Hispanic group), Black History Month, Black Entertainment TV, or literally thousands of groups that place their race at the heart of their activities, instead of their activities at the heart of their activities.

People who examine these issues are traditionally attacked as racists, primarily by ethnic clusters of real racists, without examining the substance of the arguments.

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Gun Law Update - The Heller Case

Chief Justice John Roberts announced less than an hour ago that the Supreme Court would release its three remaining decisions tomorrow, Thu., 6/26/08, beginning at 10 a.m., Eastern time.

This includes D.C. v. Heller, the Washington, D.C. gun-ban case that is examining the meaning of the Second Amendment, and whether a complete ban on any operable gun in a private home violates the constitutional rights of individual citizens.

I plan to have a quick review of the highlights of the case within three hours of its release. A more detailed review is planned before the end of June.

Every news outlet on the planet is expected to cover the case in some fashion. Typically, "news" reports on gun issues have errors, spin, editorial mixed in with fact, and should be taken with at least a grain of skepticism until detailed analysis is available. The decision could be lengthy (perhaps 100 pages according to one knowledgeable party), and will take a while to digest in its entirety.

The other two remaining cases are Davis v. FEC (campaign finance), and American Electric Power (energy contracts).

The law firm of Akin Gump is predicting with a high degree of confidence that Justice Scalia will be the author of the principle opinion in the Heller decision.

My firm Bloomfield Press is preparing a book on the Heller case, as a supplement to "Supreme Court Gun Cases" by Kopel, Halbrook and Korwin, released in 2003. It will contain extensive background, commentary by numerous leading experts, summaries of all 96 gun-related cases that have been heard by the High Court, and complete text of Heller with key elements highlighted throughout. Advance orders will be taken when we know what the page count will be, hopefully within 30 days of the decision.

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Overwhelming Campaign Funding

The lamestream media told you:

B. H. Obama continues to attract significantly more campaign funding than John McCain, leaving the GOP senator scrambling for general funds from his party, and giving the Democrat a significant advantage in the presidential contest.

The Uninvited Ombudsman notes however that:

For unknown reasons, reporters have consistently failed to ask why McCain's Campaign Finance Reform Act, specifically designed to remove massive funding that swings elections, has yielded little more than constant race reports on who's winning the money collections for gaining office.

"It's like campaign finance reform has been a stimulus package, pouring tens of millions monthly into the race with no brakes, no limits, an no reporting on why the supposed reform bill is such an abject failure," says one financially savvy observer who prefers to remain anonymous. She has "maxed out" her personal contributions, so opened "527" groups to collect additional millions for, surprisingly, both candidates. "Might as well back them both," she said, "like the big boys do, so no matter who wins, I win."

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Different Flood Results

The lamestream media told you:

Dramatic images of homes flooded to their rooftops attest to the stunning extent of devastation caused by Mississippi River flooding in Iowa, Illinois, Missouri and elsewhere. Footage of local citizens aiding each other, filling sandbags, reinforcing levees, and calmly dealing with the disaster are a positive sign of the American spirit at work. The flooding is at least as bad and may be worse than the nation experienced during the Katrina episode in Louisiana.

The Uninvited Ombudsman notes however that:

Ray Nagin, Mayor of New Orleans, could not be reached for an opinion on why his self-proclaimed "Chocolate City" suffered endless looting and lawlessness after an epic flooding disaster, while entire states on the Mississippi River have only experienced cooperative efforts to ameliorate the disaster. It's not clear whether FEMA, highly visible in the New Orleans event but remarkably low profile in the current flooding, played a role in the different outcomes. It could have been the wind, which the Gulf Coast endured, while the current flood states only have countless square miles of inundation and billions in property and industry damage.

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Accurate Lies Continue

The lamestream media told you:

"Would Governor Leave Office For Job With Obama?" In a bylined article, Mathew Benson writes, "Gov. Janet Napolitano isn't thinking about her chances at a spot on the Democratic presidential ticket, she assures."

"She isn't focused on scenarios under which she'd land a choice Cabinet spot in a Barack Obama administration... But... politicos are buzzing about the likelihood Napolitano will receive an offer she won't want to refuse, enticing her to abandon the final two years of her term."

The Uninvited Ombudsman notes however that:

Abandoning any vestige of ethics and confirming fears of news consumers that the media will publish without question even the most outlandish nonsense as long as they quote it correctly, Gannett's number two newspaper, The Arizona Republic, featured obvious, self-evident silliness on page one in its June 9 issue.

"The deceptive attribution 'she assures' fools no one," says one anonymous news-media observer, "except perhaps the lapdog reporter promoting the obvious lie."

Even dull news readers recognize that a political animal like a governor, who was an early supporter of Obama, has given thought to the possibilities if the man is elected, especially with "politicos" all speculating on what post she might be offered.

"It's like saying, 'Don't think of a zebra' and then believing a zebra doesn't come to mind. No, it's worse than that," the anonymous observer assures.

An ethical reporter might have said, "The governor doesn't want to discuss the chance that she might get a tempting offer from Obama, or what offers they may have already discussed when she agreed to give him her endorsement." Instead he chose intelligence-insulting balderdash, but the public is getting used to such bald affronts from lamestream reporters and their complicit editors.

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Journalists Advance Deception

The lamestream media told you:

Islam is the religion of peace.

The Uninvited Ombudsman notes however that:

It's not clear how or why America's "news" media so uniformly jumped onto that promo line right after the 9/11 Muslim jihadi attacks on America, but the newspeak game has not gone away, and is being promoted anew from an unlikely quarter.

The Society of Professional Journalists, in their latest online newsletter, is promoting an Arab-backed website that helps journalists define words. SPJ reports that the website's creator says, "madrassa" is "little more than the Arabic word for school." The newsletter goes to more than 10,000 journalists primarily in the U.S.

The typo-laden site also notes that the word "jihad" has been hijacked by media extremists (and jihadis) to help promote hate. If SPJ keeps such dubious contacts coming it can quit wondering why the mainstream public no longer trusts the lamestream media.

Dozens of SPJ staffers and brass have been personally notified by The Uninvited Ombudsman of the questionable reference source. None have responded. Go figure.

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Unexpected Tax Cuts

The lamestream media told you:

Green activists, environmental pundits, anti-foreign-oil interests and many in Congress and state legislatures have been clamoring for significant increases in gasoline taxes, to reduce use and force research into energy alternatives, renewable energy, higher mileage cars, and to disrupt our dependence on foreign oil.

The Uninvited Ombudsman notes however that:

Now that gasoline is at $4 per gallon and rising, all the green anti-growth fuelists are getting their wishes fulfilled, but unintended consequences are dogging them.

With gas prices high enough to slow consumption and encourage switching to low use vehicles like unsafe tiny cars and motorcycles, government revenue from gas taxes have dipped dramatically, causing politicians to sweat profusely.

Hard pressed for funds from gasoline taxes to build roads, infrastructure -- and multiple uses that have nothing to do with gas or driving -- cities, states and the feds are desperate for cash and not sure what they will do. Unalterable commitments to road building and various programs and entitlements were made and locked in before the revenues were generated, in typical government style.

Now that they can't squeeze more dollars out of reluctant consumers, they're in a bind and appear dissatisfied. Government generates no money of its own, forced by design to live off the backs of those who work and do produce goods and services.

The greens are thankful, though, since they can't be blamed for the problem, since they were unsuccessful in artificially boosting prices to the point where it would have the "desired" effect.

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About the Author

  • Freelance writer Alan Korwin is a founder and past president of the Arizona Book Publishing Association. With his wife Cheryl he operates Bloomfield Press, the largest producer and distributor of gun-law books in the country. Here writing as "The Uninvited Ombudsman," Alan covers the day's stories as they ought to read. Read more.

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