Category Archives: regulation

Gun Control and Racism

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Jacob Gershwin opened his Wall Street Journal piece on gun control with this lede:

Historical, racist gun laws are taking on new relevance in legal battles over modern-day gun regulations, following a Supreme Court ruling that expanded the right to bear arms.

He followed up [emphasis added]:

In the 1700s and 1800s, states across the country passed laws to keep guns out of the hands of slaves, free Black people, Native Americans and Catholics. Such discriminatory gun restrictions would be unconstitutional today, but they have entered the gun-rights debate as judges look to apply the Supreme Court’s decision last June that said gun restrictions must be anchored in historical traditions.

Now, despicably, many Federal and State government “lawyers” are claiming that those old, ugly, and by-design racist and anti-religion—those Evil Catholics—are part of that historical tradition as they continue their efforts to disarm all of us average Americans, in toto. US prosecutors in front of an appellate court:

They [[those racist gun control laws] nevertheless show that the Framers understood that legislatures could make such judgments to categorically disarm groups of people deemed to be dangerous.

Dangerous groups of Americans like those of us who might want to demur from Government behaviors, behaviors like the IRS targeting conservative American political groups, like the Department of Justice targeting mothers disputing with local school boards as domestic terrorists, like the FBI targeting traditional Catholics (those folks again…) as right-wing extremists and “investigating” them.

What prosecutors like those so carefully ignore is that that prior set of laws, that prior “tradition,” was wholly erased from the American body politic—the honest body politic—by the Civil War, the 13th and 14th and 15th Amendments, and the recognition that all Americans are equal under American law—under all American laws.

For those persecutors prosecutors to argue that those racist gun control laws are somehow still part of our historical traditions is for them to ignore critical parts of gun control law history: the part that had post-Civil War South and too many jurisdictions in the North enacting gun control laws explicitly to disarm and keep unarmed and helpless black Americans—freed and newly freed—along with their white supporters against depredations, that ranged from rape through lynching, at the hands of racist groups like the Ku Klux Klan and other white supremacists.

Those prosecutors are showing their own invidious racist bent.

Yet Another Reason…

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…for State and local jurisdictions to stop taking government funds. This one is from HUD.

In proposed regulations that would touch any jurisdiction that accepts any sort of HUD funding, fair housing must mean a plan to “promote equity in their communities, decrease segregation, and increase access to opportunity and community assets for people of color and other underserved communities.”

Sounds reasonable.

However.

Those required to comply will include more than 1,200 cities and counties receiving HUD funding. All will be required to develop “equity plans.”
Such equity could mean anything from building low-income housing to redrawing school district lines for racial or socio-economic integration, all as assessed by the HUD bureaucracy.

Because folks moving from here to there still will be told, on arrival there, where they will be permitted to live and where their kids will be permitted to go to school and on and on—they’ll still be under government control. If they want, for good or bad reasons, to live with folks who look like them, or who share their values, or…, central government under these rules will not permit them that choice.

Racial discrimination in housing is pernicious, Husock concluded his piece (at the link). But he doesn’t go far enough in his conclusion. For Washington to invoke it to socially engineer neighborhoods across America is dangerous. No. For the Federal government itself to give special treatment to one group of Americans over other groups of Americans is especially pernicious racism.

This is another example of Federal government funds that are being transferred to State and local jurisdictions coming with strings attached, for good reasons or ill. Government strings only increase the central government’ ability to dictate terms to locals, to reduce our States to the same relationship to the central government as counties have relative to their States: merely convenient districts whose sole purpose is to enforce Federal law. That works for counties in States, but the structure of our system of federal government puts the States—individually as well as a group—on par with our central government on nationally domestic matters—and on higher authority on matters domestic to an individual State.

It is this federal republican structure, the role of our several States as [50] separate experiments in democracy, that string-loaded Federal funds transferred to States and locals so severely deprecates.

“Common Sense”

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The Progressive-Democratic Party is attempting to use its Newspeak Dictionary to redefine “Nonsense” as “Common sense.” The latest example of this is President Joe Biden’s (D) latest call for “common sense” gun reforms. He made his latest demand in response to a series of murders with guns in Mississippi. In that series, the murderer used a shotgun and two handguns to murder six people across three locations in his single rampage. Biden’s demand:

That includes requiring background checks on all gun sales, banning assault weapons and high-capacity magazines, fully closing the boyfriend loophole to keep guns out of the hands of domestic abusers, requiring safe storage of guns, and eliminating immunity for gun manufacturers who knowingly put weapons of war on our streets.

Because any of that, like banning mythical devices—assault weapons and weapons of war on our streets—would have kept shotguns or handguns away from this murderer, or any other. And surely “high capacity magazines,” of whatever definition that becomes convenient from time to time to an overreaching government, would have kept shotguns and handguns away from criminals.

Holding gun manufacturers liable for the abuses of their products by criminals will only limit the availability of firearms to us honest ­average Americans. Oh, wait: that’s the goal of Party. Party members know full well that laws are ignored by criminals; that’s at the core of what makes them criminals.

Nonsense is common sense to Party. And Party expects us meekly to accept that. Or else.

Caveat Emptor

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In a Wall Street Journal editorial centered on the rule-making moves by the Biden administration’s Consumer Financial Protection Bureau and Federal Trade Commission to cap or to outright ban so-called junk fees, there’s this tidbit offered in all seriousness by the FTC’s Lina Khan (the WSJ didn’t directly attribute this to her, but she’s the FTC’s Chair, so the tidbit wasn’t offered without her prior permission):

Consumers who select and travel to dealerships based on an advertised offer, only to learn late in the process (if at all) that the advertised offer does not apply, have often spent hours trying to purchase a car[.]

This, of course, is nonsense. Every car maker in the US, from “ordinary” car makers and dealers to luxury car makers and dealers, offer on their Web sites options to “build your car” for every model on offer, and the build options present every option available to the model along with the effect of option’s inclusion or removal on the car’s final price. Consumers who select and travel to dealerships, even if the selection is originally based on an advertised offer, will have already built their going-in preferred model and have their eyes wide-open to counteroffers and to other options offered or no longer available—together with their costs and savings identified during those discussions.

These proposed rules are nothing more than Government attempting to dictate to businesses how they must operate and to us average Americans what we will be permitted to buy. And that’s not just the exampled car-buying, it’s how this government wants to control how we do our banking, our investing, how we and our businesses in general operate in an economy.

Maybe it’s not caveat emptor. Maybe it’s cave imperium that we should operate under.

Lies of a Progressive-Democrat President

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President Joe Biden (D) has long claimed that his tax-raising plan and his IRS would not target anyone making less than $400,000 per year. He repeated that claim in his State of the Union speech last Tuesday.

Under my plan, nobody earning less than $400,000 a year will pay an additional penny in taxes.

Never mind. His IRS’ latest proposed rule:

The proposed SITCA [Service Industry Tip Compliance Agreement] program is designed to take advantage of advancements in point-of-sale, time and attendance systems, and electronic payment settlement methods to improve tip reporting compliance.

Not even that vaunted and highly successful barkeep, Alexandria Ocasio-Cortez, pulled down 400 stacks in a year when she was working saloons in New York City.

The IRS claims the program is “voluntary,” but watch what happens to the hapless waitress or waiter, or any other low-wage person for whom tips are a significant fraction of his income, who doesn’t report his tips in a manner that suits the revenooers.

Biden has lied again.

Separately, I’ll no longer include my tip on the charge card receipt that’s increasingly often offered to patrons as a “convenient” way to tip wait staff on their presentment of my bill. Instead, I’ll return to an earlier practice of leaving my tip on the table as cash. The busboy is more trustworthy than this President and his IRS. That’s an appallingly low bar for the busboy, but I do not mean the comparison as faint praise for him. Far from it. I may go a step farther, and pay the whole bill with cash.