The Gateway (Well Regulated Edition)
I've noted more than once that I rarely discuss the Second Amendment with my friends, because I have the somewhat controversial opinion that the plain meaning of words is exactly that, so the regrettable Second Amendment means people can own guns, subject to regulation. I don't particularly care for that, but I don't like equal representation in the US Senate either, and that's in the text as well. First, let us remember that, at the time, “the militia” was defined as every able bodied male. It does not seem to me that one can find a way that such wording does not convey the right of a law abiding individual to "keep" and “bear” (not just "bear", which arguably might apply only collectively) conventional weapons. It seems hard for there to be a collective meaning to the word "keep"I note the phrase the "right of the people" is not usually defined only as a collective right anywhere else it appears in the Bill of Rights. In the First Amendment it says "Congress shall make no law respecting...the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." In the Fourth Amendment it says "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated." In the Ninth it says "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. " Are liberals saying these are only collective rights, and do not apply to individuals? However, pro-gun legal historian Don Kates has noted that the Second Amendment, like other parts of the Bill of Rights, was intended to incorporate English Common Law rights of the time, and that means there's no Second Amendment entitlement to carrying a concealed weapon, since the militia were required to produce their guns for inspection. We are, after all, talking about “a well regulated militia.” And that term too is subject to its plain meaning. Registration, restrictions on exotic weaponry (which would not be in the hands of such a militia), rules against concealment, all seem to meet constitutional muster. As one of the few liberals willing to admit that the plain meaning of the Second Amendment has some meaning, I must ask where in "the right to keep and bear arms" is the part where someone who discharges a bullet illegally into another has the right to have impediments thrown into the ability of the police to use non-intrusive technology to apprehend them? Unfortunately, because the one-issue voters on this issue (all of whom are on one side) are so fervent, and put their money and votes where their mouths are, even the fights over constitutional regulations are generally not worth the effort. Good intentions are not a political suicide pact. So, I've not had much enthusiasm for pushing for even those regulations which I think do pass constitutional muster even though they are usually well merited. If there were a crazy one-issue control lobby with a crazy set of fanatics behind them, we might have some meaning gun regulation on a national level (albeit, within the limits the constitution allows). But, I notice that all the people who send me angry emails on this matter are invariably the same folks who think Bernie Sanders should be President.
As many of you know, I have written extensively over the years (here’s a fairly early example) about how part of the State Senate Republicans' strategy for keeping power in the face of demographics involves finding candidates to run as Democrats who will vote to maintain them in power out of ideological affinity or plain opportunism. They've even had them maintain their own official (IDC) or unofficial (Amigo) caucuses. Two years ago, the GOP candidate in the Dem primary against Stavisky was Isaac Sasson, a self-financing Orthodox Jewish doctor from Syria who made most of his considerable fortune by winning the lottery. The socially conservative (for “traditional marriage” and tuition tax credits for Yeshivas) Sasson generally runs for any seat which is open in the primary and then endorses the Republican in the general. “Colin Campbell:Court Rules in David Storobin’s Favor, Orders Contested Ballots to Be Counted www.politicker.com · · Share · May 8 at 5:08pm John Messer likes this.” If Dean Skelos wants to come after Toby Stavisky, let him do it in a general election. With an Eye on the Asian Vote, John Messer Kicks off State Senate Bid politicker.com
Without knowing it, Dan Feldman makes the case for the state legislative pay raise. A Day in the Life talesfromthesausagefactory.wordpress.com
To answer the question posed in my email today by Orthodox Pundit, the Lee Avenue pharmacy where Domestic Partner's mother and brother works is not the one with the dress code.
I was extremly unkind to Noach Dear when he ran for judge, but this Post article reaches new heights of inaccuracy. Lopez delivered Dear virtually nothing. Further, far from there being "a back room deal" Dear had to fight both a primary against Yellen, and a general election against Republican Jim McCall, both of whom fought their hearts out and dropped some cash.
Those who try to characterize Vito Lopez as a stereotypical villain must always do so in the face of facts like Gus Reichbach, one of several lefty Guild lawyers recruited for the bench by Lopez, elected by Lopez and then elevated by Lopez (although some honest Lopez critics like Tom Robbins have acknowledged this complicated truth). Lopez actually spoke at Reichbach’s funeral. Of special note was Gus’ service trying war crimes on Kosovo (Too bad David Storobin never got to talk with Gus about those horrible atrocities and learn something which might have allowed him admission to civilized society). Gustin Reichbach, Judge With a Radical History, Dies at 65 www.nytimes.com
The forgotten member of Franken & Davis, and the man who gave us the Coneheads (who resided in my hometown), I always thought Tom Davis would have made a great Junior Senator from Minnesota. Tom Davis's Obituary on New York Times www.legacy.com Post new comment |