Friday, November 23, 2007

Right to Bear Arms, Supreme Court

Finally the United States Supreme Court is about to hear a case that considers the basic right of Americans to own firearms.

This question should be clear to any American.

Our right has been wildly obfuscated by people who don't understand the basic principle which is the ability to protect oneself, and others from the vermin that haunts our streets and possible government intrusion of our other rights.

If nobody else gets it, the founders of our country understood.

They trusted the common man.

That is why we have the Bill of Rights.

The following commentary is outstanding and worth a read.

Second Amendment Showdown

The Supreme Court has a historic opportunity to affirm the individual right to keep and bear arms.BY MIKE COXFriday, November 23, 2007 12:01 a.m.The Supreme Court has agreed to take up a case that will affect millions of Americans and could also have an impact on the 2008 elections. That case, Parker v. D.C., should settle the decades-old argument whether the right "to keep and bear arms" of the Constitution's Second Amendment is an individual right--that all Americans enjoy--or only a collective right that states may regulate freely. Legal, historical and even empirical reasons all command a decision that recognizes the Second Amendment guarantee as an individual right.

The amendment reads: "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." If "the right of the people" to keep and bear arms was merely an incident of, or subordinate to, a governmental (i.e., a collective) purpose--that of ensuring an efficient or "well regulated" militia--it would be logical to conclude, as does the District of Columbia--that government can outlaw the individual ownership of guns. But this collective interpretation is incorrect.

To analyze what "the right of the people" means, look elsewhere within the Bill of Rights for guidance. The First Amendment speaks of "the right of the people peaceably to assemble . . ." No one seriously argues that the right to assemble or associate with your fellow citizens is predicated on the number of citizens or the assent of a government. It is an individual right.

The Fourth Amendment 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 . . ." The "people" here does not refer to a collectivity, either.

The rights guaranteed in the Bill of Right are individual. The Third and Fifth Amendments protect individual property owners; the Fourth, Fifth, Sixth and Eighth Amendments protect potential individual criminal defendants from unreasonable searches, involuntary incrimination, appearing in court without an attorney, excessive bail, and cruel and unusual punishments.

The Ninth Amendment protects individual rights not otherwise enumerated in the Bill of Rights. The 10th Amendment states, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." Here, "the people" are separate from "the states"; thus, the Second Amendment must be about more than simply a "state" militia when it uses the term "the people."

Consider the grammar. The Second Amendment is about the right to "keep and bear arms." Before the conjunction "and" there is a right to "keep," meaning to possess. This word would be superfluous if the Second Amendment were only about bearing arms as part of the state militia. Reading these words to restrict the right to possess arms strains common rules of composition.

Colonial history and politics are also instructive. James Madison wrote the Bill of Rights to provide a political compromise between the Federalists, who favored a strong central government, and the Anti-Federalists, who feared a strong central government as an inherent danger to individual rights. In June 1789, then-Rep. Madison introduced 12 amendments, a "bill of rights," to the Constitution to convince the remaining two of the original 13 colonies to ratify the document.

Madison's draft borrowed liberally from the English Bill of Rights of 1689 and Virginia's Declaration of Rights. Both granted individual rights, not collective rights. As a result, Madison proposed a bill of rights that reflected, as Stanford University historian Jack Rakove notes, his belief that the "greatest dangers to liberty would continue to arise within the states, rather than from a reconstituted national government." Accordingly, Mr. Rakove writes that "Madison justified all of these proposals (Bill of Rights) in terms of the protection they would extend to individual and minority rights."

One of the earliest scholars of the Constitution and the Bill of Rights, Justice Joseph Story, confirmed this focus on individuals in his famous "Commentaries on the Constitution of the United States" in 1833. "The right of the citizens to keep and bear arms," Story wrote, "has justly been considered, as the palladium of the liberties of republics, since it offers a strong moral check against the usurpation and arbitrary power of rulers . . ."

It is also important to consider the social context at the time of the drafting and adoption of the Bill of Rights. Our Founding Fathers lived in an era where there were arms in virtually every household. Most of America was rural or, even more accurately, frontier. The idea that in the 1780s the common man, living in the remote woods of the Allegheny Mountains of western Pennsylvania and Virginia, would depend on the indulgence of his individual state or colony--not to mention the new federal government--to possess and use arms in order to defend himself is ludicrous. From the Minutemen of Concord and Lexington to the irregulars at Yorktown, members of the militias marched into battle with privately-owned weapons.

Lastly, consider the empirical arguments. The three D.C. ordinances at issue are of the broadest possible nature. According to the statute, a person is not legally able to own a handgun in D.C. at all and may have a long-gun--even in one's home--only if it is kept unloaded and disassembled (or bound with a trigger lock). The statute was passed in 1976. What have been the results?

Illegal guns continue to be widely available in the district; criminals have easy access to guns while law-abiding citizens do not. Cathy L. Lanier, Acting Chief of Police, Metropolitan Police Department, was quoted as follows: "Last year [2006], more than 2,600 illegal firearms were recovered in D.C., a 13% increase over 2005." Crime rose significantly after the gun ban went into effect. In the five years before the 1976 ban, the murder rate fell to 27 from 37 per 100,000. In the five years after it went into effect, the murder rate rose to 35. In fact, while murder rates have varied over time, during the 30 years since the ban, the murder rate has only once fallen below what it was in 1976.

This comports with my own personal experience. In almost 14 years as prosecutor and as head of the Homicide Unit of the Wayne County (Detroit) Prosecutor's Office, I never saw anyone charged with murder who had a license to legally carry a concealed weapon. Most people who want to possess guns are law-abiding and present no threat to others. Rather than the availability of weapons, my experience is that gun violence is driven by culture, police presence (or lack of same), and failures in the supervision of parolees and probationers.

Not only does history demonstrate that the Second Amendment is an individual right, but experience demonstrates that the broad ban on gun ownership in the District of Columbia has led to precisely the opposite effect from what was intended. For legal and historical reasons, and for the safety of the residents of our nation's capital, the Supreme Court should affirm an individual right to keep and bear arms.

Mr. Cox is the attorney general of Michigan.

Thursday, November 22, 2007

Democracy in Pakistan?

OK, they had elections, so to speak and Musharraf' can take off his uniform put on the suit and tie then we can pretend all is fine and well in that country.

Still in control by emergency rule is there any doubt that Musharraf is calling the shots irrespective of any parliament?

I can't say the election was stolen as it was a farce in the first place.

Court Dismisses Legal Challenge Against Musharraf
Move Clears Way for Leader to Serve Another Presidential Term

President Pervez Musharraf's script for a tightly controlled political transition moved ahead on cue Thursday, as his hand-picked Supreme Court dismissed the final legal challenge to Musharraf becoming president for another five-year term

"All the issues making the politicians agitate will be resolved," said Tariq Azim Khan, the deputy information minister. "General Musharraf will take off his uniform and become Mr. President. The emergency definitely will be short-lived. The people should begin preparing for elections and let the best man win."

This is hilarious.

Yet even as the military-led government continued to free thousands of civilian protesters and opposition leaders detained in recent weeks, it intensified a crackdown on press freedoms and issued a decree that declared the permanent legal validity of Musharraf's emergency measures.

Off to a good start?

The decree, an amendment to the now-suspended constitution, appeared aimed at ensuring that no future court could find his actions illegal. Musharraf has refused to say whether he will lift emergency rule, which bans most civil liberties, in time for the planned elections.

We need a stable Pakistan; does anybody think this is the best option?

All we can do is watch this soap opera from a distance.

Tuesday, November 20, 2007

Indian Illegal Immigration in the United Kingdom

In my country illegal immigration is nothing new but also has been something of a great controversy because our government has turned a blind eye to it for quite some time.

I wonder what if anything the British government will do about this?

Panel to investigate immigration from India

LONDON: A British parliamentary committee will conduct an inquiry into illegal immigration into the UK from India, its chairman Keith Vaz, a leading NRI MP, said.

Vaz, a former minister for Europe, said the home affairs select committee would probe how a sizeable number of Indians, mostly from Punjab, were still coming to the UK via Turkey. He was speaking after the screening of Shores Far Away , a film on illegal immigration from Punjab into the UK. Vaz said British immigration minister Liam Byrne would visit India next month leading a high-level delegation when the issue of illegal migrants might figure in his talks.

Last year 2,500 Indians illegally came to the UK via Austria. "We have got very big problem. It is impossible to convince the people not to take the illegal route as a vast majority of them in the past had managed to get regularized. On an average 100 people come to me and of them 15 people complain of being duped by unscrupulous agents," said Jassi Khangura, MLA from Punjab, who was present on the occasion.

Monday, November 19, 2007

Political Felonies?

Petition the government go to jail?

By itself out of control Attorney Generals are not news but this case should be noticed. This guy, Attorney General Drew Edmondson is a typical government hack. He has no problem using taxpayer money and recourses to intimidate citizens who dare cross his big bucks financers.

Oklahoma's Most Wanted

The latest thing in political felonies: a petition drive.

A veteran political activist is facing 10 years in prison and a hefty fine for attempting to petition government for redress of grievances. The latest news from Pakistan? No, this is happening in Oklahoma.

Last month Paul Jacob, the former head of U.S. Term Limits and current head of Citizens in Charge, was led out of an Oklahoma City courtroom in handcuffs after pleading not guilty to charges that he conspired to defraud the state. Oklahoma Attorney General Drew Edmondson, who's overseeing this bizarre prosecution, has accused Mr. Jacob and two fellow petition organizers--Rick Carpenter of Oklahomans in Action and Susan Johnson of National Voter Outreach--of bringing out-of-state petition gatherers to Oklahoma to collect signatures.

The article goes on to point out that the petition gatherers had contacted the state offices that oversee such activities and were told that anyone can come to Oklahoma and declare residency.

Another article,

points out that

officials on both the State Election Board and in the Secretary of State’s office. This information was also consistent with the Oklahoma Supreme Court’s ruling in a previous case challenging a 2001 petition drive on the basis of residency.

Seems clear to me that what is being done is political on behalf of those who have their fingers in the public purse.