You Can Have My Flintlock...

“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.”

To my reading, the Second Amendment clearly states that the right of people to bear arms is linked to service in a Militia. Since “well regulated Militia”, as they existed in 1789 when the Second Amendment was written, no longer exist, the un-infringed right to bear arms no longer exists. Militias are archaic and references to them in the Constitution should be removed. The US Constitution is a magnificent document, but references to slavery had to be removed. The Second Amendment applied to an historical situation that no longer exists and it should be repealed.

But what I believe is unimportant, the Supreme Court is in the process of determining how the Second Amendment applies to a Washington, DC, ban on handguns. The high level arguments generally revolve around whether the amendment grants a collective right related to service in a Militia or an individual right.

The questions posed by the Justices in open court seem to indicate they believe the Second Amendment grants an individual right. I hope their decision does not upset the status quo which has allowed reasonable legislative restrictions on firearms. I don’t believe there are currently many laws that seriously infringe gun ownership for hunting, sport or self-defense.

If the strict constructionist justices on the Court rule that the Second Amendment grants an individual right, they will unleash a domestic arms race. “Infringe” is a strong verb, the kind strict constructionist judges like and all judges will find hard to circumvent. If residents of DC are “infringed” by a restriction that they cannot own handguns, although they can own long guns, certainly laws that allow ownership of semi-automatic weapons, but do not allow ownership of fully automatic weapons, “infringe” gun owners rights. How many other current laws will be challenged as infringing? If I can own a fully automatic assault rifle, why not a heavy machine gun?

If the Court rules the Second Amendment grants an individual right, will they try to allow for restrictions to the right? How will they do that? There are restrictions on the right to free speech, but given the clause that links arms to Militias, any weapon appropriate for a Militia would seem to be appropriate for an individual. Given the link to Militias, is a law against ownership of an RPG an infringement?

I guess a strict constructionist judge could rule that an individual has an un-infringed right to any firearm available to a citizen of 1789.*


* Maybe Charlton Heston had it perfectly right when in 2000 as president of the NRA he held a flintlock rifle over his head and said you could only take it from his “cold dead hands”.

Monuments To Stupidity

The shoulders of highways in my area are becoming littered with shrines to people killed in traffic accidents. Aren't many of these monuments to stupidity? Either the stupidity of the person killed or a victim of the stupidity of another driver?

I have sympathy for the person killed through no fault of their own, such as a passenger in a car hit by a drunk driver, but I'm not in favor of a roadside shrine for them. And what about the person whose bad behaviour caused the crash and died? Does their stupidity and/or bad driving deserve a monument?

Maybe we should have a way to indicate if the person memorialized was a victim or a perpetrator. Maybe a white flag for a victim and a red flag for a perpetrator. Or maybe shrines to victims can have candles or lights and perpetrators can't. If you caused your own death and maybe the death of someone else, you can't advertise at night.

Some of these monuments can be large and garish. If you have an accident because you were distracted by a garish monument for a previous accident victim, are you a victim or just stupid? I wonder if you can sue.

Should monument construction guidelines be driven by an apportioning of blame, like insurance claims? Maybe the victim should take a 25% share of the blame for their own death because they were talking on their cell phone and didn't notice the on-coming car swerving into their lane. The blame flags can have red and white panels sized proportionally to the persons share of blame for their death.

And why do we call these "accidents" when so many are the result of lack of skills or bad judgement? Too many people want to be the fastest driver on the road rather than the safest.

What is the protocol and etiquette of monument building? On a dangerous corner where many accident's have occurred, do earlier victims have squatters rights and later victims have their monuments erected nearby with arrows to show the actual location of denouement?

When an accident takes the life of both the perpetrator and victims, do victims receive a preference for the location of their shrine based on the percentage of blame they were assigned? Come to think of it, is it really appropriate for the family of a perpetrator to erect a memorial if other people were killed or injured?

Is it ever appropriate for a victim's family to trash a perpetrator's memorial? Possibly as way to find closure (a much overused concept these days).

A corner of an intersection I traverse on my daily commute has two crosses (presumably to accident victims/perpetrators, but I guess they could just be advertisements for the local churches). This corner was farm land that is being converted to a strip mall. I've been wondering what they are going to do with these monuments. Leave them alone? Tear them down? Rebuild them in an architectural style to match the mall? If monument builders are smart they'll get easements before they build anything elaborate.

At what point should memorials be taken down? I suppose these monuments are meant to honor the deceased. In that case, shouldn't you take care of them in perpetuity like tombstones? If you put them up to honor the deceased, what are you saying when you take them down? Are you saying you don't care any more? If you just let the monument decay from the elements, what does that say?

I first saw this monument trend 30 years ago when I lived in the southwest. Now it is a national movement. What is next, monuments in emergency rooms, hospital rooms and nursing homes? You can't have people tripping over monuments in the emergency rooms. How about using those walnut plaques with spaces to add names at later dates - like the ones used for employee of the month. These wouldn't take up much space and people could take comfort in knowing the place of their loved one's demise has been documented. Can you imagine buying a house and finding a brass marker in the living room noting the location of the passing of Uncle Stewart in 1985 after an overly rich Thanksgiving dinner?

As you can tell I think these roadside memorials are ridiculous. I understand the grief that motivates people to build them, but grief is an emotion that we all deal with at some point. Put up a garish headstone in the cemetery, keep pictures on the wall, but let's not clutter the shoulders of our highways. Show a little sympathy for the people who have to mow the roadside weeds.

Tag Team: Democrats vs John W. McCain, III

Clinton and Obama should pledge that for the rest of the nominating process they will treat Senator John W. McCain as the opponent, not their fellow Democrat. Democrats fear that the during the next few weeks, in their attempt to secure the nomination, Obama and Clinton will damage each other and make it easier for McCain to defeat them in the general election. Since, for the Democrats, it should really be a contest about who can beat McCain, start the general election campaign now. It would be two candidates (and campaign treasuries) against one. Obama and Clinton should make their case to Democratic primary voters by showing which one will be the best at beating John McCain. They should each realize that for the sake of the country, to paraphrase McCain, it would be better for either of them to lose the nomination than for a Republic to be elected president.

For a more detailed discussion, see my post below.

Clinton/Obama Tag Team Against McCain

I was hoping that Senator Obama would score a decisive victory over Senator Clinton in Texas and Ohio. We can't afford a continued Democratic nominating process that might weaken the eventual Democratic nominee. Too many times I’ve watched Democrats nominate qualified candidates only to have them trounced in the general election by a Republic.

The past eight years have made it clear.

• The American voter doesn’t know a qualified candidate from an unqualified candidate.
• The country can’t afford another president like Bush (John W. McCain is just Bush Heavy).
• It is the responsibility of the Democrats to nominate a candidate that can win. Whether or not that candidate is the most qualified is not important.

With that in mind, I propose that Clinton and Obama make a pact and take a pledge.

Clinton and Obama should pledge that for the rest of the nominating process they will treat Senator McCain as the opponent, not their fellow Democrat. Democrats fear that the during the next few weeks, in their attempt to secure the nomination, Obama and Clinton will damage each other and make it easier for McCain to defeat them in the general election. Since, for the Democrats, it should really be a contest about who can beat McCain, start the general election campaign now. It would be two candidates (and campaign treasuries) against one. Obama and Clinton should make their case to Democratic primary voters by showing which one will be the best at beating John McCain. To paraphrase McCain, they should each realize that for the sake of the country, it would be better for either of them to lose the nomination than for a Republic to be elected president.

Michigan and Florida need to schedule primaries. Those voters plus Pennsylvania would be judging which candidate is better against McCain. Even if the voters don’t follow the script, we would have weeks of tag team effort and massive campaign funds to use against McCain. Obama and Clinton can highlight their differences, but do nothing to attack or weaken their Democratic opponent. If the Democrats stay united, they will have significantly weakened support for McCain and made the true general campaign, no matter which candidate is nominated, much easier.

Obama and Clinton should also pledge that the losing candidate will whole heartedly continue to vigorously campaign and raise money for the winning candidate. It would be their responsibility to deliver their supporters to the Democratic nominee. This should be a team effort all the way through Election Day in November.

Michigan and Florida must be primaries, not caucuses. While Obama may do better in a caucus, this is a test for electability in the general election. New elections in Michigan and Florida are just a matter of money.

In a country that abhors rewarding law breakers, it may seem unfair to give Michigan and Florida such power after they ignored party rules, but the blame should go to party and elected officials, not voters. Besides, Democrats should focus on winning not retribution. One way to appropriately punish Michigan and Florida would be to require that all delegates from those states be new people. Florida and Michigan would have to come up with new slates of delegates and any super delegates that owe their credentials to association with these states would have these credentials revoked.

Democrats need to stay focused. This is not about Clinton or Obama. It is about putting a Democrat in the White House in January, 2009!

Elephant Shit

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