Social Guarantees

Ilan Brat and Giada Zampano wrote, in a recent Wall Street Journal piece, about job protections and their effects on the prospects of today’s children and young adults in Europe. The whole article is well worth the read for its specifics, but from my perspective, the following is the money quote, from one of those young adults, Ms Serena Violano, a 31-year-old still sharing a room with her older sister in their parents’ home:

For our parents, everything was much easier. They had the opportunity to start their own life. Instead, we don’t have any guarantees for our own future.

Therein lies the core of the failure of “social democracy.” There are no guarantees. There never were any guarantees, for Ms Violano’s parents or for anyone of that generation. Those of Ms Violano’s parents’ generation made their own futures, with no expectation that anyone, least of all government, would guarantee them anything but the freedom of their own choices and efforts. They had no other expectations because they knew that government could make no other guarantees.

The well-intentioned guarantees of social democracy, including the labor “guarantees” of which Brat and Zampano wrote, in the end can only destroy what they purport to guarantee.

An Attack on the UNRWA School in Rafah

…for which the US—President Barack Obama and his mouthpiece, Valerie Jarrett and Samantha Power, and his State Department’s mouthpiece, Jen Psaki, have roundly condemned Israel. A typical Obama administration rush to judgment without tarrying for such trivia as facts.

Lenny Ben-David, Managing Director of the Israel Consult, Inc, and erstwhile Israeli Deputy Chief of Mission in DC, has put together some imagery that sheds light on the…incident…with the school. I’ve reproduced them below, together with Ben-David’s twitter captions of them.

Propagan Scandal at Rafah UN school 1. #Israeli attack took place OUTSIDE school, vics dragged inside. see drag marks pic.twitter.com/s48UVUciG5Rafah_1Propag Scandal at Rafah UN school 2. Pic of vics arranged inside school. All 4 men of military age. See drag marks pic.twitter.com/1ZsDtPkJ5yRafah_2Propag Scandal at Rafah UN school 3. Need a child in pic. Striped shirt man brings her. #Israel claimed hit PIJ men pic.twitter.com/hWWBZdSyIC [To which I add: compare the background of this image with the background of the first image: the child, here, clearly is being carried into the school from the outside.]Rafah_3Propag Scandal at Rafah UN school 4. Striped shirt arranges her pathetic body next to PIJ men. Photogs ate it up pic.twitter.com/KTEgM3qgAdRafah_4Prop Scandal at Rafah UN school 5. Poor girl’s final act. Run w her for cameras. Note water to wash away drag marks pic.twitter.com/5f5k6D602oRafah_5These “casualties” obviously were generated well outside the school and carried in for a cynical arrangement. Which our administration, among others, fell for.

That the school wasn’t even hit, much less the target, is shown here.

Will we see soon (or at any time) an apology to Israel by Obama or any of his minions? Maybe not.

 

h/t Power Line

What about a Palestinian’s right to freedom?

This is the headline of a FoxNews op-ed by Faheem Younus, President of the Baltimore branch of Ahmadiyya Muslim Community USA and a senior fellow at the University of Baltimore’s Hoffberger Center for Professional Ethics. It’s a fair question.

Younus asks us to

think of the current Israeli-Palestinian conflict in terms of the movie “Shawshank Redemption,” which shows the quest for freedom of an innocent banker serving two life sentences under hopeless circumstances. The cast goes like this: the criminals are Hamas, the warden is Netanyahu, Andy—the banker convicted of murder—is your average Palestinian, and Shawshank is Gaza.

His strawman includes his claim that ordinary Palestinians—Gazans, actually—are prisoners of the Israeli Prime Minister Benjamin Netanyahu. Then Younus expands his claim:

But lately, the Palestinian’s moral right to exist has become a political wrong to list.

Recently, it has become evident that millions of innocent Palestinians will serve life sentences in this Shawshank, that there is no two-state solution, that their yearning for freedom is being swallowed by the biblical dream of a Greater Israel, stretching all the way from the Jordan River to the Mediterranean.

Of course, Israel has made no such claim. Israel favors a two-state solution (which, of necessity, includes the Palestinians’ “moral right to exist”), having learned from the West’s colonial days, followed by general colonial independence and trade, that the path to prosperity, for Israelis and for Palestinians, including Gazans, is through states freely trading with each other.

While purporting to decry Hamas’ behavior, though, what Younus does not discuss is that when Hamas and Fatah merged under the Palestinian Authority and Mahmoud Abbas’ leadership, the PA became a terrorist state. Younus denies this (without substantiation), and the PA’s initial rhetoric also denied it. The ensuing empirical facts, though, prove the terrorist nature of the unity government, this new PA. The PA launched their latest terror war just weeks after the unity government’s formation; it has pursued its terrorism with rocket attacks against Israel’s nuclear facility; it has pursued its terrorism with endless rocket firings into Israel with the sole purpose of killing as many civilians and children it can; it has pursued its terrorism by storing its rockets in hospitals, UN facilities (it’s impossible to believe the UN had no complicity in this), and private homes; it has pursued its terrorism through firing from these same homes and hospitals; it has pursued its terrorism by using Gazan civilians and children as personal shields in engagements with the IDF; the list goes on and on and on.

The ensuing empirical facts also include these two: the Fatah part of the PA has been utterly silent on this terrorism. Fatah’s silence is a deafening roar of approval of the PA’s terrorism. Also, Abbas has openly stated he agrees with the attacks.

Gazans—ordinary Palestinians—are not at all prisoners of Netanyahu or of Israel generally. They’re hostages of the terrorist PA, and badly abused by it.

As to that rejection of a two-state solution and a favoring of Younus’ mythical Greater Israel, this is what Netanyahu has said:

“If we were to pull out of Judea and Samaria, like they tell us to…there’d be a possibility of thousands of tunnels” being dug by terrorists to attack Israel, [Netanyahu] said. There were 1,200 tunnels dug in the 14-kilometer border strip between Egypt and Gaza alone…. “At present we have a problem with the territory called Gaza,” the Prime Minister said. But the West Bank is 20 times the size of Gaza. Israel, he said flatly, was not prepared “to create another 20 Gazas” in the West Bank.

The Palestinians do, indeed, have their own right to freedom. And to the prosperity that goes with freedom. The path to that, though, demands that the PA release these innocents from their bondage. The path to that demands an end of terrorist wars against Israel. The path to that demands a verifiable—and verified—removal of the PA from its avowed goal of the utter destruction of Israel.

On Free Speech

This is from Justice William Douglas’ dissent in US v Autoworkers [emphasis added]. In the event, his dissent presaged Citizens United.

We deal here with a problem that is fundamental to the electoral process and to the operation of our democratic society. It is whether a union can express its views on the issues of an election and on the merits of the candidates, unrestrained and unfettered by the Congress. The principle at stake is not peculiar to unions. It is applicable as well to associations of manufacturers, retail and wholesale trade groups, consumers’ leagues, farmers’ unions, religious groups and every other association representing a segment of American life and taking an active part in our political campaigns and discussions. It is as important an issue as has come before the Court, for it reaches the very vitals of our system of government.

Under our Constitution it is We The People who are sovereign. The people have the final say. The legislators are their spokesmen. The people determine through their votes the destiny of the nation. It is therefore important—vitally important—that all channels of communication be open to them during every election, that no point of view be restrained or barred, and that the people have access to the views of every group in the community.

In United States v CIO, Mr Justice Rutledge spoke of the importance of the First Amendment rights—freedom of expression and freedom of assembly—to the integrity of our elections. “The most complete exercise of those rights,” he said, “is essential to the full, fair and untrammeled operation of the electoral process. To the extent they are curtailed the electorate is deprived of information, knowledge and opinion vital to its function.” …

Some may think that one group or another should not express its views in an election because it is too powerful, because it advocates unpopular ideas, or because it has a record of lawless action. But these are not justifications for withholding First Amendment rights from any group—labor or corporate. First Amendment rights are part of the heritage of all persons and groups in this country. They are not to be dispensed or withheld merely because we or the Congress thinks the person or group is worthy or unworthy.

It would help of Progressives heeded this; the case itself dealt, after all, with a union’s right to speak.

Fat chance. Free speech isn’t for everyone.

h/t The Wall Street Journal

The Second Amendment and a Judge’s Misunderstanding

And a State’s misunderstanding. Fortunately, the Ninth Circuit, that bastion of conservatism, corrected the State’s misapprehension and struck its law regarding a man’s right to carry a firearm outside his home. The Ninth’s dissenter, though, is illuminating, and worrisome.

The situation is this. California is a “may issue” state, meaning that local authorities are allowed to use their discretion in deciding whether to issue a concealed carry permit or license that would authorize a California citizen to carry a firearm outside his home. California is even more restrictive in that “may issue” bit, though; it requires its citizens to satisfy those local authorities that the supplicant applicant has “good cause” for being permitted. That’s the State’s misunderstanding, corrected by the Ninth.

San Diego County residents, including the six plaintiffs in this case, were forced to sue for their licenses because the sheriff’s department, the “local authority” here, routinely—universally—denied licenses because the sheriff could never be satisfied that “good cause” existed. The case made its way to the Ninth with the above victory for the plaintiffs. The majority opinion held, in part, that

One of Heller’s most important lessons is that the Second Amendment “codif[ies] a pre-existing right….”

…a law that destroys (rather than merely burdens) a right central to the Second Amendment must be struck down.

And [citations generally omitted, emphasis in the original]:

We thus disagree with those courts—including the district court in this case—that have taken the view that it is not necessary (and, thus, necessary not) to decide whether carrying a gun in public for the lawful purpose of self-defense is a constitutionally protected activity. Understanding the scope of the right is not just necessary, it is key to our analysis. For if self-defense outside the home is part of the core right to “bear arms” and the California regulatory scheme prohibits the exercise of that right, no amount of interest-balancing under a heightened form of means-ends scrutiny can justify San Diego County’s policy. See Heller (“The very enumeration of the right takes out of the hands of government—even the Third Branch of Government—the power to decide on a case-by-case basis whether the right is really worth insisting upon.”).

And [citation omitted, emphasis in the original]:

But the fact that a small group of people [e.g., retired cops, and others suggested in the opinion] have the ability to exercise their right to bear arms does not end our inquiry. Because the Second Amendment “confer[s] an individual right to keep and bear arms,” we must assess whether the California scheme deprives any individual of his constitutional rights. Thus, the question is not whether the California scheme (in light of San Diego County’s policy) allows some people to bear arms outside the home in some places at some times; instead, the question is whether it allows the typical responsible, law-abiding citizen to bear arms in public for the lawful purpose of self-defense. The answer to the latter question is a resounding “no.”

Certainly, reasonable men can disagree about the degree of burden that’s appropriate (demonstrating a reasonable proficiency with firearms, akin to demonstrating a reasonable proficiency with cars as a prerequisite to being issued a driver’s license, for instance; at the other end of the scale, four states have no licensing requirements at all), but clearly that burden cannot become a barrier, as the appellate court acknowledged.

This is where the dissenter’s misunderstanding comes in. Judge Sidney Thomas argued this:

The Supreme Court has instructed that the core of the Second Amendment is “the right of law-abiding, responsible citizens to use arms in defense of hearth and home.” Heller…. Carrying concealed weapons in public by definition does not inherently involve defense of hearth and home, so the core of the Second Amendment is not implicated.

But this is a misreading of the Supremes’ opinion as well as of the 2nd Amendment itself. What the Supreme Court said, more fully, in that cite is this:

And whatever else it [the 2nd Amendment] leaves to future evaluation, it surely elevates above all other interests the right of law-abiding, responsible citizens to use arms in defense of hearth and home.

Plainly, “defense of hearth and home” was offered as an example of what is protected by the 2nd, not an enumeration of the total reach of it. Beyond that, this is the 2nd Amendment:

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.

Not only is “defense of hearth and home” not numbered here, it cannot be: limiting the security of a free State to defense of points of property prevents on its face the ability to see to the security of the State: those arms must be borne where the threats exist (including preemptively)—by the citizens acting individually, as is the duty of every citizen in a free State, as well as collectively through a militia (or today’s professional armed forces)—for when the threat reaches a domicile’s doorstep, the State’s security already is lost.

But the right to “keep and bear Arms” is an individual right, as well as the collective right of the individuals’ militia, as the Supreme Court also has acknowledged, and for much the same reason. If the individual citizen cannot “keep and bear Arms” nearly anywhere he may choose to go, then he cannot see to his own security (not only his own defense). And if the individual is not secure, then the aggregation of them that is a “free State” cannot be secure.

But the matter goes beyond even that. What is “security?” It’s far more than merely self-defense. Pedantically, the first definition of “security” in Johnson’s Dictionary, contemporaneous with the writing and ratification—by the people of the United States—of our Constitution, is “freedom from fear.” We have to go all the way to the third definition (of five) to get to “Protection; defence [sic].”

And it is exactly that. Any infringement of this right, any limit a Court might presume to place on this Amendment, can only reduce that freedom from fear. Fear comes from many sources, not only from an immediate attack on one’s person. Fear also comes from limitations on individual responsibilities, it also comes from limitations on individual liberty, it also comes from sources only tenuously, if at all, related to politics or general society.

This makes the permissible purposes for carrying firearms very broad, indeed, deliberately vaguely put in the Amendment, and beyond the ability of government to prescribe; they are not limited to “hunting,” or to “personal defense,” or to…. For a government—any branch of it—to determine what permissible purposes may be is to enumerate what can only be a subset of the 2nd Amendment’s range of purposes, and that is a very dangerous determination.

Unfortunately, the Ninth’s majority judges also seem to misunderstand the reach of the 2nd Amendment, focusing as they do on the “purpose” of self-defense, but they got to the correct immediate decision, at least.

The Ninth’s decision can be read here. The Supreme Court’s Heller decision can be read here.