Archive for March, 2010

NAGR News Alert

March 7, 2010

Pro-Gun leaders in Washington D.C.

Last week, National Association for Gun Rights Director of Operations Luke O’Dell and I were in Washington D.C. for a series of meetings with Congressional leaders.

I know I don’t need to tell you that the anti-gun lobby and their willing accomplices in Congress and the media are scheming to infringe upon our gun rights.

Despite the backroom dealings and the anti-gun maneuvering going on in Washington, the gun rights cause is not without hope.

I’m happy to tell you that I was pleasantly surprised by the tenacity and gumption of many of the pro-gun members of Congress and their staff.

Both in the House of Representatives and the U.S. Senate we have a very smart, capable band of pro-gunners who are dedicated to advancing and protecting the right to keep and bear arms.

I was particularly pleased to meet with Congressman Paul Broun (R-GA).

Rep Paul Broun and Dudley Brown

Congressmen Broun has been a strong supporter of the National Association for Gun Rights. I was proud to discuss some of the important work he has helped us with.

While we have many, many battles facing us, including the looming U.N Small Arms “treaty” and a multitude of back-door attempts to pass a national gun registry and to disarm conservative activists as “domestic terrorists”, I know that we will be able to count on the leadership of people like Congressman Broun to help fight these important battles.

On a personal note, Congressman Broun’s support for gun rights isn’t just a Constitutional issue; he’s an avid hunter and gun owner himself.

Luke and I were impressed by the collection of mounted trophy game in his office, including an Alaskan Brown Bear.

Rep. Paul Broun

This weekend, if you have a spare moment, feel free to drop Congressmen Broun a line, here. Thank him for his leadership on behalf of our gun rights and his continued support of the National Association for Gun Rights.

Sincerely,
Dudleys signature
Dudley Brown
Executive Director
National Association for Gun Rights

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Obama to Seek New Assault Weapons Ban

March 5, 2010

While everyone’s eyes were on the obamacare debacle, and the Chicago verses the Constitution SCOTUS case the sneaky devils were busy at work thinking that no one would notice what they were up to next. Never trust the liberty haters to rest on their laurels. They have this distrust and hatred for everything American that drives them in a never ending quest to destroy America as well as anything that reeks of American culture.

But they sure as heck can blame America for another failed nations problems…

The Obama administration will seek to reinstate the assault weapons ban that expired in 2004 during the Bush administration, Attorney General Eric Holder said today.

PHOTO Wednesday Attorney General Eric Holder said that the Obama administration will seek to reinstitute the assault weapons ban which expired in 2004 during the Bush administration.

Wednesday Attorney General Eric Holder said that the Obama administration will seek to reinstitute the assault weapons ban which expired in 2004 during the Bush administration.

(AP Photos/ABC News Graphic )

“As President Obama indicated during the campaign, there are just a few gun-related changes that we would like to make, and among them would be to reinstitute the ban on the sale of assault weapons,” Holder told reporters.

Holder said that putting the ban back in place would not only be a positive move by the United States, it would help cut down on the flow of guns going across the border into Mexico, which is struggling with heavy violence among drug cartels along the border.

SOURCE

‘The Palladium of Liberties’

March 5, 2010

Second Amendment — Still ‘The Palladium of Liberties’

“The ultimate authority … resides in the people alone. … The advantage of being armed, which the Americans possess over the people of almost every other nation … forms a barrier against the enterprises of ambition.” –James Madison

James Madison’s words regarding the “ultimate authority” for defending liberty (Federalist No. 46) ring as true today as in 1787, when he penned them.

Likewise, so do the words of his appointee to the Supreme Court, Justice Joseph Story, who wrote in his 1833 “Commentaries on the Constitution,” “The right of the citizens to keep and bear arms has justly been considered as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them.”

In recent decades, the “enterprises of ambition” and “usurpation and arbitrary power” among Leftist politicians and their corrupt judicial lap dogs have become malignant, eating away at our Essential Liberty and our constitutional Rule of Law. This has never been more so than since the charlatan Barack Hussein Obama duped 67 million Americans into seating him in the executive branch.

Now more than ever, armed Patriots must stand ready, in the words of Patrick Henry, to “Guard with jealous attention the public liberty. Suspect every one who approaches that jewel.”

In June 2008, the Supreme Court, by a narrow 5-4 vote (Scalia, Alito, Roberts, Thomas and Kennedy), reaffirmed, in District of Columbia v. Heller, that the people’s inherent right to keep and bear arms is plainly enumerated in our Constitution. The Court ruled that the Second Amendment ensures an individual right, that DC could not ban handguns, and that operable guns may be maintained in the homes of law-abiding DC residents.

This was an important decision affirming the plain language of our Second Amendment and its proscription against government infringement on “the right of the people to keep and bear arms.”

However, Heller pertained to a federal district, and while our Bill of Rights has primacy over state and municipal firearm restrictions, a Supreme Court case to give judicial precedent to that primacy has yet to be decided.

In his dissenting opinion in Heller, 89-year-old Justice John Paul Stevens expressed concern that the case “may well be just the first of an unknown number of dominoes to be knocked off the table,” should “the reality that the need to defend oneself may suddenly arise in a host of locations outside the home.”

One might only hope!

This week, the Supreme Court heard arguments in McDonald v. Chicago, the next test case for the Second Amendment, which will determine if Chicago’s onerous gun restrictions are in violation of the Constitution’s plain language prohibition of such regulations by states and municipalities.

Otis McDonald, the 76-year-old plaintiff in this case, is challenging Chicago regulations that make it unlawful for him to keep a handgun in his home for self-defense.

My colleague Dave Hardy, a scholar of constitutional law, particularly the Second Amendment, summarized the arguments as follows: “McDonald v. Chicago illustrated the dichotomy between a government of laws and a government of men. One wing of the Court (perhaps the majority) looked to the essential enumeration of the right to arms; the other seemed to argue that since they, as powerful individuals, did not care for the right, or thought it was one of the Framers’ bad ideas, they could disregard it.”

That is an apt summary of how all cases are handled by the federal judiciary.

Typical of Leftmedia summations, The New York Times opined, “At least five justices appeared poised to expand the scope of the Second Amendment’s protection of the right to bear arms.”

Expand?

Only the most uninformed opinion would suggest that asserting the right of law-abiding citizens to keep and bear arms in Chicago is an expansion of the Second Amendment’s scope. But considering the source…

Mr. McDonald’s lawyers insist that the 14th Amendment’s “privileges or immunities” clause (“no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States”) is grounds for overturning Chicago’s gun restrictions, and those of other states and municipalities across the our great nation.

Unfortunately, trying to establish a 14th Amendment precedent in and of itself undermines the authority of our Constitution’s Bill of Rights.

Recall that there was great debate among our Founders concerning the need for any Bill of Rights. It was argued that such a specific enumeration of rights was redundant and unnecessary to the Constitution and that listed (and unlisted) rights might then be construed as malleable rather than unalienable, as amendable rather than “endowed by our Creator” as noted in the Constitution’s supreme guidance, the Declaration of Independence.”

To that end, Alexander Hamilton wrote in Federalist No. 84, “I go further, and affirm that bills of rights, in the sense and to the extent in which they are contended for, are not only unnecessary in the proposed Constitution, but would even be dangerous. … For why declare that things shall not be done which there is no power to do?

Madison prevailed, however, and for clarity he introduced a preamble to the Bill of Rights: “The Conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution…”

In other words, the Bill of Rights was enumerated to ensure against encroachment on our inherent rights. Read in context, the Bill of Rights is both an affirmation of innate individual rights (as noted by Thomas Jefferson: “The God who gave us life gave us liberty at the same time…”), and a clear delineation of constraints upon the central government.

Note that the Second Amendment is unique in the Bill of Rights in that it expressly asserts the “right to keep and bear arms” is “necessary,” more so than just important, to a “free state.”

But as feared by those who argued such rights should not be recorded, the “despotic branch,” as Jefferson presciently dubbed the judiciary, has endeavored to limit those enumerated rights by way of convoluted and fraudulent precedents.

Likewise, citing the 14th Amendment’s “privileges or immunities” clause suggests the Second Amendment was and remains amendable. That, of course, is an egregious affront to Essential Liberty — but that’s the way the game is played today.

Currently, 41 states issue concealed handgun carry permits, or don’t require them at all, for law-abiding citizens. Seven other states allow local municipalities to determine gun restrictions; Illinois and Wisconsin do not even allow that option.

Much of the debate about the need to infringe upon the right to bear arms is framed in terms of safety. Gun-control advocates argue that more guns equal more crime. Those advocating for more lenient gun laws argue that more guns equal less crime. Only one of these diametrically opposed views can be true.

While the latter group is factually and demonstrably correct, basing Second Amendment arguments on the issue of safety is as fallacious as attempting to assert the 14th Amendment argument.

In an editorial this week, the conservative Washington Times opined, “The year after the Supreme Court struck down the District of Columbia’s handgun ban and gun-lock requirements, the capital city’s murder rate plummeted 25 percent. The high court should keep that in mind…”

No, they should not.

After all, violence is a cultural problem, not a gun problem, and certainly not a Second Amendment problem.

What each member of the Supreme Court must only keep in mind is the plain language of the Constitution, the Second Amendment and the First Principle of his or her oath: “To support and defend our Constitution,” as should everyone who has taken that oath.

Accordingly, the High Court should find that the gun restrictions in Chicago, and by extension, those in any other state, are in direct violation of the inherent rights of the people “to keep and bear arms.”

Semper Vigilo, Fortis, Paratus et Fidelis!

Mark Alexander
Publisher, PatriotPost.US

(To submit reader comments click here.)

*****

(Please pray for our Armed Forces standing in harm’s way around the world, and for their families — especially families of those fallen Soldiers, Sailors, Airmen, Marines and Coast Guardsmen, who granted their lives in defense of American liberty.)

Well stated sir, as always.

Climate Change This Week: Gore Comes Out of Winter Hibernation

March 5, 2010

In the wake of the recent irrefutable counterattack on climate change “science,” one would think that those who have forecasted the end of civilization would be running for the hills, or — at the very least — quietly dropping their phony claims and stepping aside in light of, well, the inconvenient truth. But leave it to Al Gore to make even more excuses for years of incompetence and dishonesty, and leave it to the New York Times to provide him a platform from which to pontificate.

And pontificate he did, in a weekend op-ed worthy of Michael Moore in terms of pure, unadulterated horse pucky. The former vice president once again wailed that we will face an “unimaginable calamity requiring large-scale, preventive measures to protect human civilization as we know it.” He should just come clean and tell us what he really means: redistributing the wealth, from our pockets to his.

Gore also valiantly defended those of his brethren exposed in the Climategate scandal, referring to the UK’s University of East Anglia Climate Research Unit e-mails as “stolen.” (As if that somehow justifies the corrupt content therein.) He further claimed the abused scientists involved had succumbed to the pressure of climate skeptics, blatantly ignoring that for years other scientists who questioned climate change found themselves either silenced or blacklisted.

He even went so far as to blame the U.S. Senate, by way of stalling the Obama administration’s cap-n-tax scheme, for other world leaders’ lack of commitment at the Copenhagen Summit. China, Gore confides conspiratorially, was really gung-ho about limiting its carbon emissions until the big, bad U.S. decided to take the low road.

The government Gore and others like him envision is a danger to our Essential Liberty. Preserving a government that encourages both a free market and free thinkers can mean not only the difference between prosperity and ruin, but literally between life and death. We need only to compare the recent earthquakes in Chile and Haiti to tell us this. The earthquake in Chile registered 8.8 on the Richter Scale, which was hundreds of times more powerful than the one that struck Haiti, but due in part to Chile’s superior infrastructure and wealth, only 708 people were killed, as opposed to more than 220,000 in the third-world Caribbean nation. Thankfully, more people are starting to realize that we cannot take our prosperity and our way of life for granted, and that includes vigorously confronting opportunistic charlatans like Al Gore.

In related news, the University of Tennessee is giving Gore an honorary doctoral degree because, gushed Chancellor Jimmy G. Cheek, “his work has quite literally changed our planet for the better.” Both the publisher and managing editor of The Patriot Post hold advanced degrees from the University of Tennessee and, accordingly, have submitted protests. (Our editors did actual research for their degrees.)

SOURCE

California, Connecticut, Illinois, New Jersey and New York

March 5, 2010

Around the Nation: Public Debt Bombs

Former British Prime Minister Margaret Thatcher once observed, “The problem with socialism is that eventually you run out of other people’s money.” One facet of that problem has arrived in the form of unfunded liabilities for public “servant” benefits. According to the Pew Center, a $1 trillion gap exists between $3.35 trillion in pension, health care and other retirement benefits promised to current and retired state employees as of fiscal year 2008 and the $2.35 trillion available to pay them. That’s $1 trillion in unfunded liabilities that must be resolved through higher taxes in concert with drastic benefit reductions.

Not without irony, President Obama’s adopted home state of Illinois is in the worst shape of all, managing to fund only 54 percent of those benefits while carrying an astounding unfunded liability of more than $54 billion.

Similar data from the crucibles of democracy also show a strong correlation between states with concentrations of liberals and a state’s budgetary health. The five states in the worst financial shape are all bastions of leftist policies — California, Connecticut, Illinois, New Jersey and New York. Each shares strong appetites for public sector unions and pricey social programs. Illinois, again, is in the worst financial condition, with per-capita debt of $1,877 and unfunded pensions of $17,230. Moody’s rates Illinois’ general obligation just ahead of dead-last California. On the other side of the equation, three of the top five fiscally healthiest states are conservative states (Utah, Nebraska and Texas), while the other two (New Hampshire and Virginia) are swing states.

Considering the unchecked acceleration of the federal government’s looming fiscal Armageddon, voters must ask themselves this November if they wish to call the tune and deal with the issue before debt becomes uncontrollable. Allowing this current crop of suicidal spenders two additional years is an unacceptable alternative.

SOURCE

When Reconciliation Doesn’t Mean Getting Along

March 5, 2010
The Tel-O-Prompter of the United States

Reconciliation is still the buzzword on Capitol Hill as Democrat “leaders” Harry Reid and Nancy Pelosi try to figure out how to ram ObamaCare down our throats. Not that they see it that way; as House Majority Leader Steny Hoyer put it, “That’s not ramming something through with a majority. It is doing what democracy calls for.” Well, this isn’t a democracy, it’s a republic: and the Founders set it up that way for a reason.

Accompanied by his teleprompter, Barack Obama began a renewed push for a vote on the health care bill by Easter when he met a group of people wearing lab coats in the Rose Garden on Wednesday (and he accused Rep. Eric Cantor of using a “prop” by bringing the 2,400-page bill itself to last week’s health care summit). Obama claimed that “new and improved” legislation “incorporates the best ideas from Democrats and Republicans.” As we said Tuesday, however, the problem isn’t whether the bill is “bipartisan.” A few Republican ideas sprinkled in won’t fix it. The problem, at its core, is that a plan for Congress to take over one-sixth of the U.S. economy is unconstitutional.

In the face of all evidence, the teleprompter continued, “I don’t believe we should give government bureaucrats or insurance company bureaucrats more control over health care in America.” Huh? Giving government bureaucrats control over health care in America is precisely what Obama is proposing to do.

For all the talk about reconciliation in the Senate, the House vote may be the more important one. The Associated Press reports, “The House passed health overhaul legislation by a narrow 220-215 vote in November, but since then several Democrats have defected or left the House. To avoid a filibuster in the Senate that Democrats can’t defeat, Obama is now pushing the House to approve the Senate’s version of the bill, along with a package of changes to fix elements of the Senate bill that House Democrats don’t like, including a special Medicaid deal for Nebraska and a tax on high-value insurance plans that is opposed by organized labor.”

If Pelosi is able to strong-arm the Senate bill through the House with a bare majority, Senate reconciliation becomes moot. With three vacancies, Democrats need just 217 votes for passage, and there are a handful of Democrats who voted “no” in November who now say they’re undecided. On the other hand, 12 pro-life Democrats, led by Bart Stupak of Michigan, say they’re prepared to switch sides and scuttle ObamaCare if sufficient protections against abortion funding aren’t put in place. The Senate bill doesn’t meet their benchmark.

Never underestimate this president’s lack of shame, though — or his penchant for Chicago-style politics. For example, Rep. Jim Matheson (D-UT) voted against ObamaCare in November, but he is now “undecided.” So on Wednesday, Obama nominated Jim’s brother Scott to the 10th Circuit Court of Appeals. Offering jobs for playing the White House way is nothing new, and Scott Matheson is, to be fair, a well-credentialed nominee. However, even the appearance of selling judgeships for health care votes would give pause to a more honorable president.

As for leftist sentiment, perhaps MSNBC host Ed Schultz best summed it up this week, saying, “[S]mall government has never gotten anybody any health care.”

“The Republicans have a choice,” Schultz declared. “Lead, follow or get the hell out of the way. … We have people in need and they need to be helped.”

Memo to Ed: If government would get out of the way, those people might be able to help themselves, as our Founders intended. Democrats aren’t about to let that happen because it really isn’t about helping those in need.

SOURCE

obamacare: Fatal Attraction?

March 5, 2010

Remember that scene from the movie Fatal Attraction?  The crazed, psycho-bitch Glenn Close is drowned in the bathtub and we all have this sigh of relief – she’s dead, it’s over, we’re saved.  And then she pops up, knife in hand, ready to kill again. Didn’t you feel that same sigh of relief when Scott Brown was elected in Massachusetts – Obama Care is dead, it’s over, we’re saved.  But now popping up from the bathtub is Reconciliation. Glenn Close with a butcher knife looks tame by comparison.

Here’s a fun, six-question Health Care Reform survey on Facebook.  Check the results when you are done.

Must Attend Events: What are you up to on March 10? I hope you can join us at these two very important events. The first is the Taxpayer Day at the Capitol. From noon to 1pm on the west steps of our State Capitol, we at the Independence Institute will be joined by other taxpayers to show the legislature we — the taxpayers of Colorado — are the most important special interest group!

The second event followed on the heels of Taxpayer Day is our Health Care Policy roundtable discussion co-hosted with the Heartland Institute. This will take place from 2 to 5 PM at the Denver Public Library downtown. You can RSVP online here or call us at 303.279.6536 to register for any event, anytime.

The Audacity to Ignore Results: Obama likes to believe that he’s the audacious type. And what could be more audacious than facing quantifiable clear results in one state and ignoring them completely? In this Wall Street Journal piece, the devastation of Massachusetts’ Romney Care is revealed: “…average Massachusetts insurance premiums are now the highest in the nation. Since 2006, they’ve climbed at an annual rate of 30% in the individual market. Small business costs have increased by 5.8%. Per capita health spending in Massachusetts is now 27% higher than the national average, and 15% higher even after adjusting for local wages and academic research grants. The growth rate is faster too.” And what does our audacious president think about this mess? He wants to take the incredible Massachusetts health care failure and apply it to the entire United States! It’s the health care “big dig!”

Why are We Always Stuck in Traffic?? Senior fellow Randal O’Toole presented on the future of transportation in Colorado just last week. If you were not able to make the event, you can watch it all here on this YouTube playlist. Randal presents devastating facts against “high-speed” rail, RTD’s vision, and the overbudget and underfunded FasTracks debacle. With these critiques come Randal’s suggestions on what ought to be done to reduce congestion, reduce pollution, and get us where we need to be going faster.

A 2nd Look at 21st Century Learning: Speaking of events you may have missed, check out this YouTube video playlist from our February 11 event with guest speaker Randy DeHoff from the State Board of Education. See what 21st Century Learning is, how it fits into Colorado’s new academic standards and future assessments, and whether it’s a passing fad or the wave of the future.

Transparency Update: The Denver Post editorial board has joined the transparency party we’ve been having the past couple years! To that, we say “Welcome!” I wrote a blog entry about the Post‘s investigations into our three biggest school district’s spending habits. Even the Post can’t overlook spending thousands upon thousands on Starbucks, pizza, and trips to Vegas.

Also regularly check out our Colorado Spending Transparency (COST) blog, where transparency czarina Amy Oliver-Cooke keeps us updated on how state and local government spends your money.

Must See TV: We’re about a third of the way through the 2010 Colorado legislative session: Does your wallet feel lighter yet? On this Friday’s Independent Thinking, reporters Ed Sealover from the Denver Business Journal and Eli Stokols from Fox 31 News join me to discuss the legislative session thus far. If you are a Colorado politics junkie, be sure to tune in and get your political fix from the reporters who cover the Capitol. That’s this Friday at 8:30 PM on KBDI Channel 12, Denver.

Must Hear Podcast: House Bill 1330 would create an “all-payer health claims database” in Colorado. Bill supporters claim government can reduce health care costs through “transparent public reporting of health care information.” In fact, the bill is a transparency Trojan Horse. It will make your most personal actions transparent to government officials, officials who have no business keeping track of what kind of health care you buy or what you pay for it. Health Care Policy Center Director Linda Gorman sits down with Transparency Czarina Amy Oliver to discuss this privacy-smashing bit of legislation. Give a listen here.

Perspective: In this week’s op-ed, Linda Gorman reveals the privacy nightmare in House Bill 1330: The Transparency Trojan Horse. Just because a piece of legislation has the word “transparency” in it does not mean it is actually promotes transparency. Unfortunately, the word has been co-opted recently to mean the government spying on us citizens, not the other way around.

Until next week…

Straight on

Jon Caldara

Countdown to April 19, 2010

March 4, 2010

Second Amendment March Newsletter HERE.Lots of news in this issue concerning states as opposed to going to D.C.

See all of you in Cheyenne!

SCOTUS will again take the wimp road

March 3, 2010

The oral arguments at yesterdays  SCOTUS  were an exercise in circular logic, and clearly indicate that although expansion of Second Amendment rights is a probability it will be for the weaker of the reasons presented. So, what is the rest of the world saying about it? Well, this is what we have so far.

Click here for complete transcript of the oral arguments in McDonald V. Chicago.

News and Editorial Coverage of the Case

Supreme Court appears set to widen gun rights

The Supreme Court majority that two years ago ruled a near total ban on handguns in the District to be unconstitutional seemed equally willing on Tuesday to extend the Second Amendment’s right to keep and bear arms to the states.

The Washington Times


New ammunition for gun rights

The Supreme Court seemed likely to rule for the first time that gun possession is fundamental to American freedom, a move that would give federal judges power to strike down state and local weapons laws for infringing on Second Amendment rights.

The Wall Street Journal


2nd Amendment extension likely: McDonald v. Chicago

The Supreme Court on Tuesday seemed poised to require state and local governments to obey the Second Amendment guarantee of a personal right to a gun, but with perhaps considerable authority to regulate that right.  The dominant sentiment on the Court was to extend the Amendment beyond the federal level, based on the 14th Amendment’s guarantee of “due process,” since doing so through another part of the 14th Amendment would raise too many questions about what other rights might emerge.

SCOTUS blog
Scotus blog


Justices signal they’re ready to make gun ownership a national right

The Supreme Court justices, hearing a 2nd Amendment challenge to Chicago’s ban on handguns, signaled Tuesday that they were ready to extend gun rights nationwide, clearing the way for legal attacks on state and local gun restrictions.

The Los Angeles Times


Justices seem to lean toward extending individual right to own guns

At least five justices appeared poised to expand the scope of the Second Amendment’s protection of the right to bear arms on Tuesday, judging from comments at an unusually intense Supreme Court argument.
By its conclusion, it seemed plain that the court would extend a 2008 decision that first identified an individual right to own guns to strike down Chicago’s gun control law, widely considered the most restrictive in the nation.

The New York Times


2nd Amendment extension likely: McDonald v. Chicago

The Supreme Court on Tuesday seemed poised to require state and local governments to obey the Second Amendment guarantee of a personal right to a gun, but with perhaps considerable authority to regulate that right.  The dominant sentiment on the Court was to extend the Amendment beyond the federal level, based on the 14th Amendment’s guarantee of “due process,” since doing so through another part of the 14th Amendment would raise too many questions about what other rights might emerge.

SCOTUS blog
Scotus blog


Justices signal they’re ready to make gun ownership a national right

The Supreme Court justices, hearing a 2nd Amendment challenge to Chicago’s ban on handguns, signaled Tuesday that they were ready to extend gun rights nationwide, clearing the way for legal attacks on state and local gun restrictions.

The Los Angeles Times


Justices seem to lean toward extending individual right to own guns

At least five justices appeared poised to expand the scope of the Second Amendment’s protection of the right to bear arms on Tuesday, judging from comments at an unusually intense Supreme Court argument.
By its conclusion, it seemed plain that the court would extend a 2008 decision that first identified an individual right to own guns to strike down Chicago’s gun control law, widely considered the most restrictive in the nation.

The New York Times


What Do the Supremes Think of Chicago’s Gun Ban?

Despite the push by Chicago to make McDonald v. City of Chicago about crime, a majority on the Supreme Court today appeared to want nothing to do that argument. Justice Anthony Kennedy described the right to self defense as being as “fundamental” as the right to freedom of speech. The question the court faces is how many of Chicago’s regulations beyond the ban should survive.

Fox News


Will the Supreme Court Recognize the Truth

In the 2008 “Heller” decision, the Supreme Court struck down Washington, D.C.’s handgun ban and gunlock requirements. Unsurprisingly, gun control advocates predicted disaster. They were wrong. What actually happened in our nation’s capital after the Heller decision ought to be remembered tomorrow as the Supreme Court hears a similar constitutional challenge to the Chicago handgun ban.

Fox News


Guns before the court

Today the Supreme Court will hear argument in a case that is likely to result in a landmark decision. In McDonald v. Chicago, the Court will consider whether the individual right to bear arms it recognized in District of Columbia v. Heller can be enforced against State and local governments. In doing so, it may address more broadly the way in which individual rights are enforced against the States and the extent to which State and local governments can regulate or restrict those rights.

American Spectator


Does the Second Amendment Apply Outside the Home?

On Tuesday, the Supreme Court considered the question of whether the Second Amendment applies outside of jurisdictions controlled by the federal government. The court will almost certainly say yes, and soon it may consider a question that should be equally easy to answer: whether the Second Amendment applies outside of the home.

Townhall


Our most basic rights

The Second Amendment of the Constitution says “a well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.” The U.S. Supreme Court heard arguments Tuesday as to what that actually means.

The Herald Journal (Spartanburg, S.C.)


Gun rights: High court hears another case

In a 5-4 decision in the summer of 2008, the U.S. Supreme Court in District of Columbia v. Heller held that the Second Amendment protects an individual’s right to possess a firearm for private use.
Washington, D.C., Mayor Adrian Fenty was apoplectic. “More handguns in the District of Columbia will only lead to more handgun violence,” he predicted, demanding that the City Council promptly enact onerous new gun control rigmarole that would “get around” the Heller decision.
“Armageddon never arrived,” John Lott Jr. points out in a March 1 essay for FOXNews.com. Quite to the contrary, murders in Washington plummeted by a whopping 25 percent from 2008 to 2009, Mr. Lott reports. D.C.’s murder rate “is now down to 23.5 per 100,000 people, Washington’s lowest since 1967.”

The Las Vegas Review Journal


A few thoughts on the McDonald argument

Based on a quick read of the oral argument transcript, a few things stood out:
1.The Privileges or Immunities arguments never really got off the ground. None of the Justices seemed in favor of that approach, at least based on the questions. (Justice Thomas, as is his custom, asked no questions.) Only about 10-12 minutes of the questioning even concerned the P or I route, and the questioning seemed mostly focused on trying to understand the nature of the claim. For my VC co bloggers and many VC commenters who hoped today would signal the beginning of the libertarian constitutional revolution, there doesn’t seem to be much room for optimism.

The Volokh Conspiracy


More guns, less crime

The District of Columbia’s murder rate plummeted by an astounding 25 percent last year, much faster than for the US as a whole or for similarly sized cities. If you had asked Chicago’s Mayor Daley, that wasn’t supposed to happen. The Supreme Court’s 2008 decision to strike down DC’s handgun ban and gunlock requirements should have lead to a surge in murders, with Wild West shootouts. The Supreme Court might keep Daley’s predictions in mind today as they hear the oral arguments on Tuesday in the Chicago handgun ban case.

Big Government

Press Releases:

Michigan Attorney General: Confident U.S. Supreme Court will protect right to bear arms

Attorney General Mike Cox today said he is confident the United States Supreme Court will again protect the right to bear arms found in the Second Amendment to the Constitution as they hear oral arguments over Chicago’s handgun ban. The local case has national implications because it could put an end to state and local infringement of gun ownership.

Office of the Michigan Attorney General


Texas Attorney General Greg Abbott attends landmark Second Amendment argument

Texas Attorney General Greg Abbott today attended oral argument at the United States Supreme Court, which this morning heard the Second Amendment case, McDonald v. City of Chicago. The landmark case involves a constitutional challenge to the City of Chicago’s prohibitions on handgun possession. Attorney General Abbott led a national effort to protect all Americans’ right to keep and bear arms by forging a 38 state coalition that defended the Second Amendment and argued that Chicago’s handgun ban is unconstitutional.

Attorney General of Texas


Ohio Attorney General: Compelling arguments today in defense of Second Amendment rights

The United States Supreme Court heard arguments today in the case of McDonald v. Chicago and is poised to decide whether the Second Amendment right of people to keep and bear arms applies not only to the federal government, as the court held two years ago, but also to state and local governments.

Ohio Attorney General


Ohio Rep. Space: Supreme Court must stand up and again defend right to bear arms

Anticipating the start of oral arguments in the McDonald v. City of Chicago case, U.S. Rep. Zack Space today called on the Supreme Court to again stand up for the Second Amendment Rights of all Americans. Space has been one of the most vocal advocates in Congress for Second Amendment Rights and Second Amendment issues.
“The Second Amendment is crystal clear: Americans have a Constitutional right to bear arms,” Space said. “We’ve seen this Supreme Court side with Second Amendment advocates before, and we’re demanding that they rule again in defense of Americans’ Constitutional rights.”

Representative Zack Space, U.S. House of Representatives


Florida Senator LeMieux: Right to bear arms is fundamental

U.S. Senator George LeMieux (R FL) today made the following statement after attending the U.S. Supreme Court oral arguments of McDonald v. Chicago. The Supreme Court is weighing whether the Second Amendment protection against government infringement of an individual’s right to keep and bear arms should apply to state and local governments. The federal government is already restricted from such an infringement on personal liberties.
Senator LeMieux said: “Before our nation’s founding, the right to keep and bear arms was accepted as a fundamental individual right. The Framers of the Constitution were careful to assure that this right would not be infringed by expressly preserving it in the Second Amendment.

Senator George LeMieux, U.S. Senate


Kansas Rep. Tiahrt: Supreme Court should bring Chicago back from left

U.S. Congressman Todd Tiahrt (R Kan.) today issued the following statement as the U.S. Supreme Court began hearing opening arguments in a case that challenges whether or not local and state entities can take away the 2nd Amendment rights of American citizens to defend themselves in their own homes. Tiahrt has fought to protect the privacy of every firearm owner in America with the Tiahrt trace data amendment that has been attacked by New York Mayor Michael Bloomberg and liberal gun control organizations.

Representative Todd Tiahrt, U.S. House of Representatives

Montana Sen. Baucus: Supports 2nd Amendment by attending Supreme Court gun rights arguments

Montana’s senior U.S. Senator Max Baucus today was present at the Supreme Court to hear oral arguments for a case that may have far reaching affects on gun owners in Montana and across the country. The high court is considering a case that is expected to establish whether or not state and local governments are required to obey the Second Amendment guarantee of a personal right to own a gun.
“I’m extremely interested in the outcome of this case,” Baucus said after the hearing. “Oral arguments were compelling. The bottom line is that all law biding citizens have the right to bear arms — whether it’s for hunting in the great outdoors or for protection. It’s spelled out right in the Constitution, and we’ve got to protect it. You can bet I’ll be keeping a close eye on this case as it moves forward.”

Senator Max Baucus, U.S. Senate

SOURCE

LIBERTY ALERT: Your Health Care Privacy is at Stake!‏

March 3, 2010
Hey everyone,
Please take a few minutes and read this special op-ed by Independence Institute Health Care Policy Center Director Linda Gorman titled, “House Bill 1330: The All-Payer Database is a Transparency Trojan Horse.”
Here are the nuts and bolts of this devastating legislation:
House Bill 1330 would create an “all-payer health claims database” in Colorado. Bill supporters claim government can reduce health care costs through “transparent public reporting of health care information.” In fact, the bill is a transparency Trojan Horse. It will make your most personal actions transparent to government officials, officials who have no business keeping track of what kind of health care you buy or what you pay for it.

The bill authorizes the state to collect information on every health care transaction in the state, including information from private medical records, insurer files, and hospitals.

People who refuse to comply can be fined. There is no limit to the fines that may be assessed.”

Point blank, our privacy and basic civil liberties are at stake here folks.
House Rep. Kefalas and Kagan, Apuan, Court, Fischer, Gagliardi, Levy, Miklosi, Pace, Primavera, Rice, Riesberg, Solano, Tyler, Vigil are sponsoring it on one side.  Senator John Morse is sponsoring it on the Senate side.
If you’d prefer to listen to a 15 minute podcast on this monstrosity, you can listen here.
If the state government is mandated to collect all of our private medical information in the name of “transparency,” we’ve clearly deviated from what the word means.  Transparency is a mechanism that allows the citizens to account for government’s actions, NOT for the government to keep track of its citizens’ most private information!  This government is supposed to serve us, not spy on us!
As soon as I find out the next step this horrible piece of legislation is taking, I will let all of you know.  I have a couple sources who are closely following it and will provide me up to the minute information.
Please stay tuned!
Thanks for listening,
Justin Longo
Legislative Director, Libertarian Party of Colorado
“Whoever wishes peace among peoples must fight statism.” -Mises
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My contact information:
Justin Longo
Legislative Director, LPCO
Phone: (703) 994-7104

LegislativeDirector@LPColorado.org