New York Court Holds Stun Gun Ban is Not Unconstitutional, in Contravention of Caetano

Herschel Smith · 30 Mar 2025 · 2 Comments

Dean Weingarten has a good find at Ammoland. Judge Eduardo Ramos, the U.S. District Judge for the Southern District of New York,  has issued an Opinion & Order that a ban on stun guns is constitutional. A New York State law prohibits the private possession of stun guns and tasers; a New York City law prohibits the possession and selling of stun guns. Judge Ramos has ruled these laws do not infringe on rights protected by the Second Amendment of the United States Constitution. Let's briefly…… [read more]

Open Carry And Monsters In the Closet

BY Herschel Smith
13 years, 9 months ago

As regular readers know, I am an advocate of open carry.  I openly carry a firearm for several reasons, none of which is to “make a point.”  I hate the feel of so-called “inside the waistband” carry, I hate sweating my weapon (especially in the summer), and my weapon simply hangs better if I use a good tactical holster and carry it on my side.  My home state of North Carolina is an open carry state, and has no stop and identify statute.  I have observed before that no one screams and runs for cover, and all of the boogeymen under the bed that people imagine when they think of open carry simply do not obtain.  They aren’t real.

So as you can imagine, I couldn’t resist a chuckle when I read this paragraph in a commentary somewhat friendly to open carry.

If you do carry in an exposed manner, have you considered what would happen if someone snatched your pistol while you were distracted?  Don’t give me that line about always being in condition yellow, or how you are never distracted.  Everyone can be, and everyone is at various points throughout the day.  You do your best, but your best ain’t perfect.

Sometimes, spotting a criminal is obvious.  Many times it is not.  Sometimes the person grabbing your gun isn’t a criminal at all, but that nice lady in the grocery store line behind you who just lost her job, found out her husband is cheating on her and thinks life is not worth living.  She smiles at you, but she is thinking about death.  If someone grabs that exposed gun, can you defend it?

Here in my home state, nice ladies don’t snatch guns out of holsters and go on rampages.  Nonetheless, thinking about weapon retention is usually in order.  What kind of holster do you have, how difficult would it be to unholster your weapon, and so forth.

But the notion about people going berserk and freaking out and spuriously going on killing sprees and rampages is just the monster in the closet.  Give it some thought.  If you suspect a monster of being in your closet, have your weapon ready, open the door, and if he’s not there, relax.  Be prepared, but don’t be paranoid about it.  Fearing monsters and boogeymen after you’ve already looked under the bed and in the closet is just being paranoid.

U.N. Arms Treaty: Dreams Of International Gun Control

BY Herschel Smith
13 years, 9 months ago

Capital Hill is under pressure to adopt the approaching U.N. arms treaty, from the New York Times, to Reuters, to confused and goofy Christians who forgot all about their theology and think that a new regulation, law or treaty will bring peace on earth and good will toward men.

We have been informed that this administration will not allow the U.N. to impose any restrictions on American’s gun rights.  But then again, this is the same administration that: [1] Sent Donald Verrilli and Lanny Breuer to argue against Sean Masciandaro concerning the possession of firearms on National Park land, [2] Nominated Justice Sonia Sotomayor to the Supreme Court (who testified that Heller was settled law, and then dissented in McDonald versus Chicago, agreeing with Breyer who argued for overturning Heller), and [3] Named Rose Gottemoeller to head the U.S. delegation to the U.N. arms control negotiations, the very same Rose Gottemoeller who informed Moscow that the U.S. was open to significant compromise on U.S. missile defense.

In fact, a short tour through the U.N. schemes shows that international tracing, combined with nationalized regulations and controls on the manufacture, transfer and sell of small arms, is the central feature of the plan.  The U.N. program for implementation includes such requirements as no “military style” weapons should be possessed by civilians, a registered and traceable lifetime for every weapon, and so on.  Courtesy of reddit/guns, here is a marked-up listing of the kinds of regulations envisioned by the U.N.

As we have discussed before, the distinction between civilian and military weapons is meaningless today, and wasn’t ever very useful.  Bolt action rifles, semi-automatic rifles, tactical shotguns and a whole host of other kinds of weapons are being used in both civilian and military applications, and have been for a very long time.  A U.N. distinction between civilian and military weapons would yield regulations more onerous than the assault weapons ban (sunset provision on September 13, 2004) ever could.  A U.N. distinction between civilian and military owners achieves nothing beyond what the U.N. already wants, i.e., an international gun registry and lack of weapons transferability, and thus is this distinction a disingenuous subterfuge.  Promises to exempt “civilians” – whatever that means – doesn’t make this treaty any less dangerous to firearms ownership in America.

Missives on why treaties do not obviate or supersede the constitution, while well intentioned and informative, miss the point entirely.  Even in the wake of the Heller and McDonald rulings, there are still four justices on the Supreme Court who fundamentally do not believe in the second amendment, and then at least one who sees reversal of Heller on the horizon with a “future, wiser court.”  Furthermore, the decisions in Heller and McDonald do not address issues such as a gun registry, further controls on transfer of weapons across state lines or even within states, or other meaningless and intrusive ATF regulations.  There is a pregnant field of un-litigated second amendment issues in America, and the existence of an international treaty only complicates gun ownership.  It isn’t obvious that any court, much less the Supreme Court, would find stipulations similar to the ones in the U.N. treaty to be unconstitutional.

Finally, take note that international luminaries such as Iran – known to supply weapons to insurgents in Afghanistan, Iraq and Syria – have been appointed to a post negotiating the treaty.  The very real possibility exists that legitimate weapons sales from the U.S. to allies (such as Israel) would become problematic under the treaty.  Taiwan, for instance, is concerned that the treaty could undercut weapons imports.

The silliness of the treaty and its effect on other nations is outlined fairly well by David Bosco at Foreign Policy (even if Bosco is willing to overlook its silliness).

There was a lot of talk at the session about the absurdity that sales of bananas are more regulated internationally than sales of assault rifles and about the need for more states to enact domestic legislation regulating arms transfers. The assembled activists did leaven their optimism with a dose of reality. They acknowledged that the treaty almost certainly would not contain any binding language or enforcement mechanisms. Instead, every country will determine for itself whether an arms sale or transfer is likely to contribute to human rights violations. (Under the ATT likely to emerge, Russia could report that it has duly considered whether arming Syrian forces would lead to violations and decided that it would not. Nobody would be able to gainsay the Kremlin, at least not through the treaty mechanism.)  What’s more, the treaty negotiations will be conducted on a consensus basis (Washington insisted on that), which means that any state can block adoption of a text it doesn’t like.

So civilians in America would be subject to onerous new regulations since America is a law abiding nation, while rogue nations would be free to export weapons as they see fit.  Or in other words, the criminals have the guns while the law abiding citizens are disarmed, sort of like gun control in America.  As I have previously observed, the U.N. arms treaty is a solution in search of a problem.

Not only does this treaty intrude on the second amendment rights of American citizens, and not only is it hypocritical in its intent, it would target the very country who abides by its laws and allow the perpetrators justification for their own actions.  The treaty is just one more progressive, micromanaging, over-controlling, statist solution to a problem that doesn’t exist.  We’ve seen ten thousand like it, and as long as the U.N. gets funding and a home from the U.S. government, we will see many more instances of this kind of busy-body meddling into the affairs of American citizens.

Regardless of what kind of language is included in the treaty concerning military and civilian weapons, it does nothing to address the real problem of weapons traffickers such as Iran, and there is no reason to ratify it.

UPDATE: Thanks to David Codrea for the attention to this.

UPDATE #2: Glenn Reynolds says bring it!

Prior:

The U.N. Small Arms Treaty

The Ugly Future for Afghanistan: Civil War and Militias

BY Glen Tschirgi
13 years, 9 months ago

This lengthy and well-written piece by Dexter Filkins in The New Yorker is must reading.

Filkins attempts to give an overall assessment of Afghanistan’s future as American forces shrink and the country must increasingly rely upon the Afghan National Army for its security.   By all means, read the entire article, but the gist of Filkins’ assessment can be succinctly summarized as, “bleak.”

Filkins explores the question of whether Afghanistan is destined to return to a state of civil war as American combat troops leave.   While he makes no firm conclusions, the answer is an inescapable “yes.”   While American policymakers and military leaders boldly talk up the prospects for turning over security responsibilities to the ANA while hoping to garner a power-sharing deal with the Taliban, it is clear from the article that a debacle of enormous proportions is looming in 2014 (if not before) when American force levels are expected to drop to just fifteen thousand from an expected sixty-eight thousand after the September 2012 draw-down.

Some Western and Afghan experts say that fifteen thousand American troops would not be enough to secure Afghanistan, particularly when it comes to the use of airpower. The Afghan Air Force is far less advanced than the Soviet-trained force was at a similar moment. American officers told me that air strikes—bombs and rockets—are usually restricted to units in which Americans direct the fire. A force of fifteen thousand Americans would probably not be large enough to spread trainers and air controllers throughout the Afghan Army (and not throughout the police, who are at tiny checkpoints scattered around the country). “If they go below thirty thousand, it will be difficult for them to do any serious mentoring, and without the mentors they won’t call in airpower,” Giustozzi, the Italian researcher, said.

American officers have another concern. Currently, Afghan units are stationed where the Americans are, in hundreds of small bases, mostly in populated areas. Some American officers say that the Afghans will find it difficult to disperse themselves as fully, because of problems with supplies and communications. Once the coalition forces leave, those officers say, the Afghans are likely to consolidate their units on bigger and fewer bases. If that happens, the Afghans could end up ceding large tracts of territory to the Taliban—much as the Afghan Army did after 1989.

Filkins interviews several Afghans in and outside of the Afghan government who all candidly admit that each of the rival factions that fought each other prior to the 2001 American invasion are actively preparing for the resumption of civil war when U.S. forces leave.

Afghan and American officials believe that some precipitating event could prompt the country’s ethnic minorities to fall back into their enclaves in northern Afghanistan, taking large chunks of the Army and police forces with them. Another concern is that Jamiat officers within the Afghan Army could indeed try to mount a coup against Karzai or a successor. The most likely trigger for a coup, these officials say, would be a peace deal with the Taliban that would bring them into the government or even into the Army itself. Tajiks and other ethnic minorities would find this intolerable. Another scenario would most likely unfold after 2014: a series of dramatic military advances by the Taliban after the American pullout.

“A coup is one of the big possibilities—a coup or civil war,” a former American official who was based in Kabul and has since left the country told me. “It’s clear that the main factions assume that civil war is a possibility and they are hedging their bets. And, of course, once people assume that civil war is going to happen then that can sometimes be a self-fulfilling prophecy.”

One Afghan, Abdul Nasir, made this point quite clear:

These days, Nasir said, the nineties are very much on his mind. The announced departure of American and NATO combat troops has convinced him and his friends that the civil war, suspended but never settled, is on the verge of resuming. “Everyone is preparing,” he said. “It will be bloodier and longer than before, street to street. This time, everyone has more guns, more to lose. It will be the same groups, the same commanders.” Hezb-e-Wahdat and Jamiat-e-Islami and Hezb-e-Islami and Junbish—all now political parties—are rearming. The Afghan Army is unlikely to be able to restore order as it did in the time of Najibullah. “It’s a joke,” Nasir said. “I’ve worked with the Afghan Army. They get tired making TV commercials!”

A few weeks ago, Nasir returned to Deh Afghanan. The Taliban were back, practically ignored by U.S. forces in the area. “The Americans have a big base there, and they never go out,” he said. “And, only four kilometres from the front gate, the Taliban control everything. You can see them carrying their weapons.” On a drive to Jalrez, a town a little farther west, Nasir was stopped at ten Taliban checkpoints. “How can you expect me to be optimistic?” he said. “Everyone is getting ready for 2014.”

In the process of his interviews, however, Filkins did discover one, unsettling truth:  the most effective force against the Taliban so far have been local militias.

The most effective weapon against the Taliban were people like Mohammad Omar, the commander of a local militia. In late 2008, Omar was asked by agents with the National Directorate of Security (N.D.S.)—the Afghan intelligence agency––if he could raise a militia. It wasn’t hard to do. Omar’s brother Habibullah had been a lieutenant for Abdul Rasul Sayyaf, one of the leading commanders in the war against the Soviets, and a warlord who helped destroy Kabul during the civil war. The Taliban had killed Habibullah in 1999, and Omar jumped at the opportunity to take revenge. Using his brother’s old contacts, he raised an army of volunteers from around Khanabad and began attacking the Taliban. He set up forces in a string of villages on the southern bank of the Khanabad River. “We pushed all the Taliban out,” he told me.

The Taliban are gone from Khanabad now, but Omar and his fighters are not. Indeed, Omar’s militia appears to be the only effective government on the south side of the Khanabad River. “Without Omar, we could never defeat the Taliban,” a local police chief, Mohammad Sharif, said. “I’ve got two hundred men. Omar has four thousand.”

The N.D.S. and American Special Forces have set up armed neighborhood groups like Omar’s across Afghanistan. Some groups, like the Afghanistan Local Police, have official supervision, but others, like Omar’s, are on their own. Omar insists that he and his men are not being paid by either the Americans or the Afghan government, but he appears to enjoy the support of both. His stack of business cards includes that of Brigadier General Edward Reeder, an American in charge of Special Forces in Afghanistan in 2009, when the Americans began counterattacking in Kunduz.

This is a strange twist in U.S. strategy.  While the State Department, the White House and U.S. commanders in Afghanistan all blather about the progress of the ANA and the expected success of the transition to Afghan security forces, the American Special Forces seem to be busy setting up militias all over Afghanistan, perhaps in the grim realization that these militias are the only native force capable of actually eradicating the Taliban.

This would be welcome news indeed, if it is true, because it finally faces the truth that Afghanistan today simply cannot function as a modern, centrally governed nation state.   This is not to say that it never has in the past (clearly it has) nor that it will never function as one in the future, but only that the combination of religious fanaticism, the interference of Pakistan (and Iran to some extent), the ethnic divisions and the drug trade militate in favor of local control.    And this seems to be the main trade-off where militias effectively keep out the Taliban but bring their own set of problems:

Kunduz Province is divided into fiefdoms, each controlled by one of the new militias. In Khanabad district alone, I counted nine armed groups. Omar’s is among the biggest; another is led by a rival, on the northern bank of the Khanabad River, named Mir Alam. Like Omar, Alam was a commander during the civil war. He was a member of Jamiat-e-Islami. Alam and his men, who declined to speak to me, are said to be paid by the Afghan government.

As in the nineties, the militias around Kunduz have begun fighting each other for territory. They also steal, tax, and rape. “I have to give ten per cent of my crops to Mir Alam’s men,” a villager named Mohammad Omar said. (He is unrelated to the militia commander.) “That is the only tax I pay. The government is not strong enough to collect taxes.” When I accompanied the warlord Omar to Jannat Bagh, one of the villages under his control, his fighters told me that Mir Alam’s men were just a few hundred yards away. “We fight them whenever they try to move into our village,” one of Omar’s men said.

U.S. policy in Afghanistan, then, must take a hard look  at our national interests.   The primary, national interest for the United States in Afghanistan is to ensure that international terrorists do not find safe havens from which to plot and launch attacks against U.S. interests.   If militias will ensure that their territory will not be used for Islamist terror activities, that is enough.   We may be able to exercise some leverage over warlords and militias by doling out more arms and money to those who refrain from humanitarian abuses, but it is not in our national interest to force-feed an entire nation on Western morality and values as we have done for the last 11 years.

In fact, some Afghans appear to be leaning in the direction of a decentralized approach:

One political change that might prevent civil war, some opposition leaders say, would be the imposition of a federal system in which power would devolve to the provinces. Such a move could essentially cede dominion to the Taliban in the south and the east but protect the rest of the country. In 2004, when the new Afghan constitution was ratified, under American supervision, the central government, in Kabul, was given extraordinary powers, including the right to appoint local officials. The hope then was that a strong central government would unite the country.

If a federal system were to be adopted, some Afghan leaders say, it might matter less to the Tajiks and other minorities if the Taliban were allowed to govern Pashtun provinces in the south and the east. (How it would matter to the Pashtuns, and particularly to Pashtun women, isn’t much discussed.) As it is, many of the most prominent leaders of Afghanistan’s minority groups appear to be preparing for civil war.

While I disagree that the U.S. needs to “cede dominion to the Taliban in the south and the east” (there is no reason to think that Pashtun militias could not be set up in these regions as in other areas), the fact remains that Afghanistan is headed for division one way or another.  Current U.S. policy is wishful thinking and a criminal waste of American lives and treasure.

As a parting thought, it is even possible that by empowering local militias and tribes in this fashion, the U.S. may be able to deal a severe if not fatal blow to the Islamists across the border in Pakistan.  It is axiomatic that insurgencies work in both directions.   If Pakistan can support, for example, the Haqqanis in infiltrating into Afghanistan, so, too, can the U.S. support Pashtun militias on the Afghan side of the border to infiltrate and take away territory from Islamists in the FATA.   This provides U.S. policymakers with a unique lever in the tense relations with Pakistan.   This approach also allows a dramatically smaller footprint for U.S. forces in Afghanistan, enough one would expect, to deprive Pakistan of its logistical choke-hold.

If there is a new Administration in 2013, a new approach in Afghanistan is at least possible.

E.P.A. Idiocy in Action: Inventing New Technologies for a Bogus Problem

BY Glen Tschirgi
13 years, 9 months ago

Hat tip to Instapundit.

Isn’t this just swell?  According to this article in Technology Review, there are two, new approaches being tested for making coal-burning power plants cleaner and more efficient:

A pair of new technologies could reduce the cost of capturing carbon dioxide from coal plants and help utilities comply with existing and proposed environmental regulations, including requirements to reduce greenhouse-gas emissions. Both involve burning coal in the presence of pure oxygen rather than air, which is mostly nitrogen. Major companies including Toshiba, Shaw, and Itea have announced plans to build demonstration plants for the technologies in coming months.

The basic idea of burning fossil fuels in pure oxygen isn’t new. The drawback is that it’s more expensive than conventional coal plant technology, because it requires additional equipment to separate oxygen and nitrogen. The new technologies attempt to offset at least some of this cost by improving efficiency and reducing capital costs in other areas of a coal plant. Among other things, they simplify the after-treatment required to meet U.S. Environmental Protection Agency regulations.

The article doesn’t state how much money is being sent down the rat hole to develop these new technologies, but, regardless of the amount involved, this is such a colossal waste that I don’t know whether to laugh or punch the fake rhino head on the wall.

The U.S. Environmental Protection Agency is still on a holy crusade against “global warming” by reducing carbon dioxide emissions, despite the fact that the anthropogenic global warming (AGW) theory has been repeatedly exposed as a sham.   As a result, precious time, money, talent and resources are being directed towards solving a “problem” that doesn’t exist.

The Left wants to talk about stimulating the economy, but what about the stimulative effect of lowering the cost of electricity to businesses and consumers?  Imagine the effect of simply eliminating the EPA’s carbon dioxide emission standards on the generation of electricity?  This is the sort of thing that should be high on Romney’s to-do list in January 2013.

Savage Religious Beliefs: The Abuse Of Women

BY Herschel Smith
13 years, 9 months ago

Fresh from a sermon today where the pastor said, “Don’t you ever strike a woman and call yourself a Christian” (a statement with which I heartily agree), we read this:

A shot rings out, but the burqa-clad woman sitting on the rocky ground does not respond.

The man pointing a rifle at her from a few feet away lets loose another round, but still there is no reaction.

He fires a third shot, and finally the woman slumps backwards.

But the man fires another shot.

And another. And another.

Nine shots in all.

Around him, dozens of men on a hillside cheer: “God is great!”

Officials in Afghanistan, where the amateur video was filmed, believe the woman was executed because two Taliban commanders had a dispute over her, according to the governor of the province where the killing took place.

Both apparently had some kind of relationship with the woman, said Parwan province governor Abdul Basir Salangi.

“In order to save face,” they accused her of adultery, Salangi said.

Then they “faked a court to decide about the fate of this woman and in one hour, they executed the woman,” he added.

Both Taliban commanders were subsequently killed by a third Taliban commander, Salangi said.

“We went there to investigate and we are still looking for people who were involved in this brutal act,” he said.

It is not clear from the video when it was filmed.

The killing took place in the village of Qimchok, not far north of the capital Kabul.

Just as troubling is the fact that this occurred not far from the so-called capital of Afghanistan.  And was it ever really in doubt what would happen if we failed to kill the enemy before withdrawing from Afghanistan?

Repealing ObamaCare is Not Enough: Applying the Free Market to Health Care

BY Glen Tschirgi
13 years, 10 months ago

Hat Tip Instapundit

This opinion piece by Keith Hennessey in The Wall Street Journal is full of good sense and seemingly sound strategy:

Now that the Supreme Court has ruled ObamaCare’s individual mandate constitutional, the direction of American health policy is in the hands of voters. So how do we get from here to “repeal and replace”?

Step one is electing Mitt Romney as president, along with Republican House and Senate majorities. Without a Republican sweep, the law will remain in place.

But a President Romney does not need 60 Republican senators to repeal core elements of ObamaCare. Democrats lost their 60th senate vote in early 2010 after Scott Brown took Edward Kennedy’s seat. To bypass a Senate GOP filibuster and enact portions of ObamaCare, they used a special legislative procedure called reconciliation.

Hennessey goes on to outline how reconciliation can be used in the Senate to avoid the filibuster.   More importantly, he goes on to advocate for implementing changes to the way in which Americans purchase health care, moving from an employer-sponsored plan to a marketplace where consumers purchase and own their own policies like car insurance.

Reform should start by replacing the tax exclusion for employer-provided health insurance with a flat tax deduction or credit. This should be combined with insurance reforms that allow consumers to buy portable health insurance sold anywhere in the nation, through their employer or on their own. That means you’ll be able to take your health insurance with you from one job to the next. Tax policy will no longer push Americans toward lower wages in favor of more expensive health insurance.

Top it all off with expanded contribution limits for health savings accounts, aggressive national medical liability reform, and structural Medicare and Medicaid reforms that dramatically slow the growth of government and deficits.

In 2009 and 2010 the nation took huge steps down a path toward more government control of health care. A shift to the consumer-based reform path is still available—if voters want it.

The difficulty with this free market approach is that… well, the market must actually be “free.”   Hennessey’s piece leaves out at least two, crucial elements for a free market in health care to function properly:  readily flexible supply and freedom for innovation.

Health care costs will never decline, no matter how many tax deductions and national health care plans are implemented, so long as the supply of doctors and nurses is kept artificially low.   In the current system, there are a relatively small number of spots available for those wishing to enter the medical profession.   Becoming a doctor is more like joining a medieval guild than any, other occupation (with the exception, perhaps, of the Delaware bar).   With all guilds, there is an inherent financial interest in preventing too many people from entering the field.   The guild decides how many new members it wants, irrespective of the actual, public need.  A key part of any health reform, then, must be a reform to the various controls that the Medical Guild has imposed to keep out new doctors.   This would include, by the way, the active recruitment of the world’s most talented doctors by liberally handing out work visas.

Increasing the supply of doctors, however, will not work without reforms which allow for drastic innovations in the supply of medical services.   Laws need to be loosened which would encourage doctors and nurses to form profitable practices that provide quality care at affordable prices.   The provision of medical services has changed very little over the last 70 years due in large part to restrictive laws that impede competition among doctors.   Similar reforms need to be implemented in the fields of biotechnology, pharmaceuticals and medical devices.

As just one example, the Federal Drug Administration should be transformed from a licensing agency with police powers to an advisory role.   Rather than prohibiting new drugs, procedures and devices from reaching the market until the F.D.A. has given its final approval, these products and procedures should be allowed quick entry with appropriate F.D.A. evaluations.   So, in the case of a new treatment for diabetes, the F.D.A. provides merely an evaluative opinion on its safety and efficacy.   It is left to doctors and, more importantly, to patients to decide whether they want to risk a new treatment that has, for example, a “red flag” of sorts from the F.D.A.    As time goes by, the F.D.A. may change the flag to yellow or even green.

Public perceptions play into the debate as well.  For better or worse, public attitudes about health care have shifted dramatically over the last 70 years.   Prior to World War II, the average person viewed doctors as specialists who were consulted only when a medical issue was too severe for the family to care for itself.   Doctor visits were far less frequent than they are today and no one much thought of having access to the most sophisticated and cutting-edge technologies to extend life.  Professional medical care today is seen as a right and access to expensive, marginal treatments, even for cosmetic or non-life-threatening conditions (sex change operations?  Really?) is considered essential.

In short, the problem with health care in the U.S. is not one that the Federal government needs to solve.   It is a problem largely created by the Federal government as a result of incessant meddling, regulation, taxation, over-hyping expectations of care, and anti-competitive policies.   The single, best thing that can be done to improve the health of our nation is to make the provision of health care more like the provision of automotive care— giving consumers a wealth of choices.

A Theological Interpretation Of Obamacare

BY Herschel Smith
13 years, 10 months ago

We may observe that in the wake of the Supreme Court ruling, for those searching for scholarly and learned legal analyses of the Affordable Health Care Act (“Obamacare”), the ruling by Judge Roger Vinson remains to this day the best there is.  A careful study of his opinion is all you need to know about the unconstitutional power grab by Congress we call Obamacare.  And practically speaking, the acceptance of the Congressional act and the associated SCOTUS ruling on the grounds that the American health care system is broken and in dire need of repair is ill informed.  The American health care system, while not perfect, is the greatest on the planet, which is why people come to America for health care from around the world.

Justice Roberts, who is now known to have changed his opinion during deliberations with his colleagues, was apparently concerned about the legitimacy of the Supreme Court if it struck down the act in part or in whole.  Professor Randy Barnett, who I respect a great deal, sees a silver lining in the cloud.  But the problem with all of this talk about recalibrating the Supreme Court of the future with a more federalist vision only goes so far as other (liberal) justices respect the doctrine of stare decisis.  With Ruth Bader Ginsburg, for example, this isn’t very far.  She sees reversal of D.C. versus Heller on the horizon with a “future, wiser court.”  So I see no silver lining in the cloud.  As one of my sons put it, Roberts was breaking a horse, and instead of bucking the horse out, he simply got off.  He gave up on his job.

Hopefully the monstrosity of Obamacare will be repealed in Congress, or at least, defunded by “future, wiser” Congressmen than the ones who voted in favor of it.  I suspect that the financial straits from which America suffers will make the decision for us all.  The entitlement system cannot long exist in its present state, and that which cannot continue, doesn’t.  But regardless of what the future holds for this monstrosity, it is important to understand more about it than the political machinations that brought it into being.

My own seminary professor, Dr. C. Gregg Singer, made the following observations on the social gospel (“A Theological Interpretation of American History,” pages 148 – 149):

The roots of the social gospel were theological in nature; it was essentially a new revolt against Calvinism and the evangelical position.  Its roots can ultimately be traced back to those developments which took place in European theology as a result of the rise of Hegelian Idealism, to the theologies of Ritschl and Schleiermacher in Germany which attempted to refashion Christian thought according to the prevailing philosophical currents and the attacks of German Higher Criticism on the inspiration and authority of the Scriptures.  The more immediate background for the new theology is to be found in Transcendentalism, the New England theology and writings of Nathaniel Taylor and Horace Bushnell, and the Oberlin theology popularized by Charles G. Finey …

These theologies not only seriously modified the doctrine of total depravity, but they presented a plan of redemption which was, in varying degrees, synergistic.  This synergism, giving to man some merit and some ability to accomplish his own eternal salvation, almost inevitably led to a view than man also has both the power and the mandate to make a heaven out of this earth and to transform it into a kind of Garden of Eden …

Regeneration was all too often regarded as little more than a willingness to join in a crusade for the realization of the Kingdom of God on earth … for the introduction of some kind of socialism into American society.

And this sort of thinking was prevalent among its adherents, especially Mr. Obama.  Do you doubt it?  Consider Mr. Obama’s own words in 2006 prior to his election.

Our failure as progressives to tap into the moral underpinnings of the nation is not just rhetorical, though. Our fear of getting “preachy” may also lead us to discount the role that values and culture play in some of our most urgent social problems.

After all, the problems of poverty and racism, the uninsured and the unemployed, are not simply technical problems in search of the perfect ten point plan. They are rooted in both societal indifference and individual callousness – in the imperfections of man.

Solving these problems will require changes in government policy …

Mr. Obama goes on to say that he believes in keeping guns out of inner cities (foretelling the Supreme Court dissent in Heller v. D.C. and McDonald v. Chicago, and the appointment of Sonia Sotomayor to the Supreme Court), and appears to blame the “gun manufacturers’ lobby” for the moral failings of inner city violence.  Thus does Mr. Obama’s policy decisions have a theological basis in the social gospel, but more specifically, liberation theology of the brand that was popularized in Central and South America in the mid-twentieth century.

On this view, religious commitment and the correction of the fallen state of mankind lies in the state and changes to laws regulations and policy.  Make sure to read again Obama’s view: the problems of poverty and lack of insurance are rooted in “individual callousness,” in the “imperfections of man,” and require “changes in government policy.”  Salvation and regeneration are corporate, or applicable to groups of people, not to be seen as a forensic phenomenon between God and individual men.

But health care should be seen as a commodity as much as, say, transportation, housing and food are commodities.  A person cannot survive (very well) without all of the above.  At one point in time these commodities were administered by Church deacons, with responsibility and accountability ensured so as not to encourage sloth and irresponsibility.  And giving was voluntary, not enforced by the power of a badge and gun.

But if health care is a commodity, then there is no prima facie reason to dissect it and severe it from the other commodities.  Any argument for forced provision of health care to other families by one with more means is disingenuous and hypocritical if it doesn’t include the same justification for the forced, shared provision of transportation, housing and food between families.  And such an argument should consider the history of socialism across the globe and the necessary questions it poses.  Does it share wealth or simply destroy it?  What role do families and the church play in such a schema if the state is responsible for cradle to grave security, and does this sort of thing usurp the authority of families and church?

In the end, regardless of the answers to the questions above, there is no question that there are theological underpinnings to Obamacare.  These underpinnings are to be found in liberation theology, the social gospel and ultimately in Hegelianism and Marxism.  The charge is reflexively leveled at conservatives and traditionalists that we mix church state.  But it’s just as easy to dismiss this charge on the grounds that one doesn’t have to be a member of any church to vote his or her conscience in the voting booth.  All laws are legislated morality.

But while this charge against conservatives is common, it isn’t nearly as common to admit or even see the religious foundations for progressivism.  It’s there nonetheless.  And as the savior said, and to the progressives I repeat, extract the log in your own eye before you go on any scavenger hunt for the spec in my eye.  Seriously study the religious foundations for your own views before we embark on a discussion of my own.  That includes Mr. Obama’s social gospel, Mill’s utilitarianism, or any other -ism or world view that presumes to inform me what I should be doing.

SWAT-capades

BY Herschel Smith
13 years, 10 months ago

Recommended that SWAT units around the country stand down and relax just a bit, I have.  Regarding the ATF SWAT failure in Greeley, Colorado:

… apprehension can be done safely and without ugly incidents such as this one.  According to my friend, Captain Dickson Skipper of the Charlotte-Mecklenburg Police, most apprehensions can be done physically, or with the really belligerent ones, using pepper spray.  But military tactics have replaced basic police work in America, with the behavior of tacti-cool “operators” justified by judges looking the other way, as if all of this is necessary to maintain order and peace.

And regarding D.C. Police bullying:

That night it would have been perfectly reasonable to send over a couple of uniformed officers (common uniforms, shirts and ties), knock on the door, and then communicate their concerns: “Sir, we received a phone call concerning a potential problem or disturbance in this area, and we would like to sit and chat with you for a few minutes.  May we come in, or perhaps you would like to come down to the precinct to chat with us?”

But with the increasing militarization of police activities in America, this is rarely good enough any more.  But the police aren’t the military, and even if they were, such tactics are inherently dangerous.  PoorEurie Stamps perished in a mistaken SWAT raid due to an officer, who had no trigger discipline, stumbling with a round chambered in his rifle and shooting Mr. Stamps (due to sympathetic muscle reflexes) who was prone on the floor.  Mr. Jose Guerena was shot to death in his home in a SWAT raid that looked like it was conducted by the keystone cops.  Such tactics are also dangerous for the police officers conducting the raids.

But a recent raid in Evansville, Indiana, proved just how reflexive it has become to conduct military-style raids on unsuspecting victims – and how unnecessary and dangerous it has all become.

The long-standingheavily documented militarization of even small-town American police forces was always going to create problems when it met anonymous Internet threats. And so it has, again—this time in Evansville, Indiana, where officers acted on some Topix postings threatening violence against local police. They then sent an entire SWAT unit to execute a search warrant on a local house, one in which the front door was open and an 18-year old woman sat inside watching TV.

The cops brought along TV cameras, inviting a local reporter to film the glorious operation. In the resulting video, you can watch the SWAT team, decked out in black bulletproof vests and helmets and carrying window and door smashers, creep slowly up to the house. At some point, they apparently “knock” and announce their presence—though not with the goal of getting anyone to come to the door. As the local police chief admitted later to the Evansville Courier & Press, the process is really just “designed to distract.” (SWAT does not need to wait for a response.)

Officers break the screen door and a window, tossing a flashbang into the house—which you can see explode in the video. A second flashbang gets tossed in for good measure a moment later. SWAT enters the house.

On the news that night, the reporter ends his piece by talking about how this is “an investigation that hits home for many of these brave officers.”

But the family in the home was released without any charges as police realized their mistake. Turns out the home had an open WiFi router, and the threats had been made by someone outside the house. Whoops.

So the cops did some more investigation and decided that the threats had come from a house on the same street. This time, apparently recognizing they had gone a little nuts on the first raid, the police department didn’t send a SWAT team at all. Despite believing that they now had the right location and that a threat-making bomber lurked within, they just sent officers up to the door.

“We did surveillance on the house, we knew that there were little kids there, so we decided we weren’t going to use the SWAT team,” the police chief told the paper after the second raid. “We did have one officer with a ram to hit the door in case they refused to open the door. That didn’t happen, so we didn’t need to use it.”

Their target appears to be a teenager who admits to the paper that he has a “smart mouth,” dislikes the cops, and owns a smartphone—but who denies using it to make the threats.

De-escalation is the order of the day.  There is no reason to reflexively assume that a SWAT raid is in order, and every reason to take more care and concern for the unintended consequences of the use of such military tactics on American citizens.  Note to police departments around the nation: relax, call a uniform, and let him tell you what needs to be done, if anything.

Prior:

DEA SWAT Raid And Ninth Circuit Ruling

ATF SWAT Failure

D.C. Police Bullies

One Police Officer Dead and Five Wounded From No-Knock Raid

Judges Siding With SWAT Tactics

The Moral Case Against SWAT Raids

Department Of Education SWAT Raid On Kenneth Wright

The Jose Guerena Raid: A Demonstration Of Tactical Incompetence

Trey Gowdy On Contempt For Holder

BY Herschel Smith
13 years, 10 months ago

So Eric Holder has been held in contempt of Congress.  Good.  And the Congress should continue the quest for the truth in its examination of the depths of lawlessness in Fast and Furious – and its coverup.

Representative Trey Gowdy tells us why this is necessary.  Honestly, I’m jealous.  The South Carolina upstate area, Greenville-Spartanburg, has some great people.  Representative Gowdy is one of them, and we need more like him.  If the entire Congress consisted of men like this we wouldn’t be in such a mess on so many levels.  This is worth the time – please ignore the glitch at about 3:28 into the video.

Report: Gun-Walking Not Part Of The Plan

BY Herschel Smith
13 years, 10 months ago

From Politico:

A new report on the botched Fast and Furious operation that has landed Attorney General Eric Holder on the hot seat alleges that contrary to popular belief, the Bureau of Alcohol, Tobacco, Firearms and Explosives never meant to allow guns into the hands of Mexican drug cartels.

The lengthy story, published Wednesday by Fortune after a six-month investigation, claims that according to law-enforcement agents directly involved in the operation, ATF did not intentionally let arms cross the U.S.-Mexico border so they could end up in the hands of criminals on the other side.

“They insist they never purposefully allowed guns to be illegally trafficked. Just the opposite: They say they seized weapons whenever they could but were hamstrung by prosecutors and weak laws, which stymied them at every turn,” the report says.

Featured prominently in the story is Dave Voth, a former Fast and Furious supervisor for the ATF who came under fire in 2011 when an agent publicly accused supervisors of ordering subordinates to purposefully refrain from seizing weapons in the hopes that the guns could lead them to criminals. One such gun has been linked to the death of U.S. Border Patrol agent Brian Terry.

The story charges that “the public case alleging that Voth and his colleagues walked guns is replete with distortions, errors, partial truths, and even some outright lies,” and accuses some lawmakers, including House Oversight Committee Chairman Darrell Issa (R-Calif.), of seizing on and amplifying the initial allegations to “score points” against the Obama administration.

You don’t say?  So the very player who was responsible for implementing the corrupt strategy at the ground level, and who certainly doesn’t want to be the first to go down if this all unravels, is claiming that it was all botched rather than intentional.  Take careful note how this is all couched, i.e., in language of frustration over the lack of tools to do the job.  In this case, tools = laws and regulations.

That’s right.  They are still going after laws and regulations, as if Voth began the approach, go just so far into the thick of it, and then to his great surprise, suddenly figured out that there was no set of regulations that allowed him to do this, or abetted his efforts, or gave him the latitude to pull all of this off.  The disingenuous part of all of this is that there is no possible world in which any set of U.S. regulations assists the ATF in tracking weapons when they get into the hands of criminals and war lords South of our border.  In order for any U.S. regulation to apply, they would have had to do that which Voth specifically forbade, that is, interdict the weapons before they crossed the border.

Voth’s approach is the same as the one used by Dianne Feinstein: blame it all on lack of regulations and laws.  And for an administration that claims Fast and Furious had nothing to do with a push for increased regulation, they sure seem to want more regulation out of all of this mess.  Of course, this is all reason enough to continue the mission towards complete openness, beginning with a vote of contempt concerning Eric Holder.

As a side bar, I haven’t followed Fortune very closely, but for Politico to parrot the talking points only sullies their own reputation.  Every time I read Politico I have even less respect for them than I did the time before.  They are quickly becoming an un-serious group of folks.



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