A Misunderstanding

Ex-Secretary of State Condoleezza Rice, in the emotional aftermath of the Parkland, FL, school shootings, thinks it’s time to discuss the 2nd Amendment.

She’s right, but for the wrong reasons.  She’s right because it’s always time for We the People to discuss our Constitution and every part of it, and not only in the 8th grade Civics classes we all slept through at the time.

She’s wrong, too.

I think it is time to have a conversation about what the right to bear arms means in the modern world.  I don’t understand why civilians need to have access to military weapons. We wouldn’t say you can go out and buy a tank.

Seemingly contradictorily, Rice also said this in response to a Hewitt question about her father, while Rice was a young child, sitting on the family’s porch with a gun across his lap:

I remember so well bombs going off in our neighborhood one night, and my father said, he put everybody in the car and we’re going to go to the police. And my mother said the police probably set that bomb off. And that’s the way that our community, therefore, the men in our community, protected us. And I think it’s a pure version of the 2nd Amendment, as a matter of fact, the right to bear arms.

Because then (and in the era when the Constitution with its Bill of Rights was ratified, and now), government was a much a threat to our individual liberties, rights, duties, as any thief, home invader, or murderer.

That’s why, also, the 2nd Amendment does not allow government to dictate to us our purpose in bearing arms.  Government’s lack of understanding about why we want this or that weapon simply is irrelevant.  And frankly, so is Rice’s lack of understanding.  We wouldn’t say you can go out and buy a tank.  Why not?  Keep in mind, the heavy weapons of our Revolutionary War, cannons, often were privately owned.  It was very impractical for a host of reasons for ordinary men to own cannons then, and it’s just as impractical, for the same reasons, for ordinary men to own tanks today.  True enough, what we were pleased to call a government in that war owned most of the cannons, just as our government today owns the tanks.  But the purpose of private ownership, for all those impracticalities, is irrelevant to government consideration.

…the right of the people to keep and bear Arms, shall not be infringed.

There’s nothing in there that says unless Government disagrees with the people’s or any person’s purpose, nor is there anything that says Arms are limited to these specific ones, nor is there anything that allows a private citizen—a neighbor, say—to block the keeping or the bearing.

The text of the 2nd Amendment is inviolate and not open to reinterpretation at will.  Like each of the clauses of our Constitution, the text provides a very clear meaning, and that meaning does not change with the winds of grief any more than it changes with the evolving standards view of a judge.  If the meaning of the 2nd Amendment needs to be changed, it must be done legitimately, by the will of a majority of We the People in each of a supermajority of our several States.  That’s what Article V is for.

And for the record: I don’t agree that the 2nd Amendment needs change; it’s fine the way it is.  What is needed is for the Feds and the State government to enforce the—constitutional—laws that are on the books.  To have law enforcement actually perform instead of tarrying outside by a stairwell support column, instead of gathering law enforcement persons dithering until law enforcement officers from another department arrive.  To allow the real first responders—those already on scene, whether school, store, or public square, and whether trained and armed for the purpose or private citizen(s) who happen to be present and carrying when an incident starts—actually to respond.

It’s a wide-ranging interview, covering much more than just the 2nd Amendment.  RTWT.

Shootings and Schools

One answer to school shootings is to maintain our schools and school grounds as gun free zones and thereby keep our children exposed to the risk of butchery.

Another answer is to have government limit who is allowed to have guns in our nation and determine the purpose for which we’ll be allowed to have them and thereby, in addition to keeping our children exposed to the risk of butchery, exposing our families and ourselves to that risk.

Another answer is to train and arm school personnel.

Butler County [Ohio] Sheriff Richard Jones wrote on Twitter on Sunday that he will offer a concealed and a carry class, along with training on school shootings.

Jones added

We can’t be like ostriches and have our heads in the sand. We’ve got to protect the kids, period.

Jones is right.  We can’t wish our individual responsibilities or our parental responsibilities off onto government.  Our children are not wards of the state, and neither are we.

Consider: how many of those 17 murdered children in Parkland would be alive today had there been someone or someones on scene and able to shoot the shooter?  How many of those many injured would be unharmed today had there been someone or someones on scene and able to shoot the shooter?

The gun control persons of the Left don’t care about that.  They just want the ego-stroke of being able to tell other people what to do and not do.  The Progressive-Democrats in Congress don’t care, either; they’re just virtue signaling.  Dead children don’t mean any more to them than vote harvesting machines.

In Which the New York Times and the BBC Miss Again

It seems the women journalists in the pay of the BBC were being paid significantly less than their male colleagues, to the point that Carrie Gracie, BBC’s China Editor, resigned her position in protest (I’m citing a New York Times report about the BBC.  Why that’s important, rather than citing a BBC report directly, will come clear in a bit).  Gracie has returned to London, still a BBC journalist, but there she’ll be paid the same as her male colleagues.

And how did that equal pay come about, you might ask?

According to “the organization” (presumably a BBC mucky-muck or BBC mucky-muck’s spokesman),

The BBC has agreed to pay cuts with a number of leading BBC News presenters, and others have agreed in principle[.]

Jeremy Vine, one of the high-powered, and highly paid, journalists getting his pay cut, agreed with the move, and he did so in all seriousness.

I think it needs to be sorted out, and I support my female colleagues who have rightly said they should be paid the same when they’re doing the same job.  I think the BBC’s on it, and this story is part of it.

Wow.  Just wow.

If Gracie really is the doing substantially the same work as her colleagues, why shouldn’t she get a pay raise to get to substantially the same pay?  That’s how bad it is, folks.  This is the Left’s mindset.  It doesn’t even occur to them to raise the pay of the lower paid.  All they can think of is to cut the higher paid.

Hold back the successful.  Don’t push forward those behind.  Instead of a win-win outcome, the Left prefers the everybody loses outcome.

On second thought, the NYT, which was as silent on the pay cut/pay raise question as the BBC, and the BBC didn’t miss.  This is what progressives, the Liberal NLMSM, and the US’ Progressive-Democratic Party want.  Hold back the ones ahead, don’t help the ones behind catch up.

The Supreme Court Gets One Wrong…Maybe

A murderous felon in Alabama was, on conviction in 1994, sentenced to life in prison by his jury, and that sentence was overridden by the presiding judge, who ordered his execution.  The man was scheduled to be executed Thursday, but the Supreme Court has stayed the execution pending its decision on whether to hear the man’s appeal of his execution.

The stay is consistent with the Court’s prior rulings striking State laws that allow judges to overrule juries and to impose death sentences where the juries decided otherwise.  In this regard, I agree: the jury is the proper sentencer where a man’s life is in the balance.

However.

The Court’s prior no-judge-overrules precedent is based on its original precedent in a 1958 ruling in Trop v Dulles in which Chief Justice Earl Warren wrote that the evolving standards of decency that mark the progress of a maturing society mean that the 8th Amendment’s injunction against cruel and unusual punishment necessarily means that a born-citizen’s citizenship cannot be revoked by action of the Federal government—that would be a cruel and unusual destruction of a citizen’s political life.  Over a series of subsequent rulings, that evolving standards standard has been applied to an ever broader series of cases the Court has heard (recall that this is deliberate for a Liberal Court: Justice Ruth Bader Ginsberg’s “living Constitution” ideology, for instance).

And so, here we are.  The felon currently appealing his sentence is making the argument, among others, that his execution would itself be a cruel and unusual punishment under those evolving standards because the execution would result from a judge overruling the jury.

No state currently allows a judge to override a jury’s capital sentencing verdict. This constitutes not merely “national consensus,” but unanimous agreement that a sentence of death imposed by a judge contrary to a jury’s life verdict does not comport with our evolving standards of decency and the Eighth Amendment[.]

But this is wrong.  Our society’s standards of decency may well be—I believe they are—evolving (whether the evolution necessarily, or even merely monotonically, moves in a maturing direction is a separate question), but the Constitution has not changed on this.  The only way the Constitution lives, and it lives quite vibrantly, is through Article V and We the People, which provide for amending—evolving, if you will—this supreme Law of the Land.  We the People have not amended our Constitution to say that execution is cruel and (or even “or”) unusual.  Indeed, for judges, or Justices, to presume to carry out this evolution from the bench is, in the late Justice Antonin Scalia’s words, simply not compatible with democratic theory.  No part of the Constitution can be held to mean whatever [it] ought to mean, and that unelected judges decide what that is*.

It’ll be interesting, and instructive, to hear the Court’s rationale for declining to hear the appeal, as it will be to hear the Court’s rationale, if it decides to hear, for overriding the trial judge’s sentence.

 

*A Matter of Interpretation, 2018 New Edition

Update: Corrected poorly selected noun in the 4th paragraph.  The Court hears cases; it renders opinions.

Distraction

Top Democrats are calling on Facebook and Twitter to investigate and release information behind potential Russian-linked accounts pushing for the release of a sealed congressional memo allegedly containing details on US government surveillance abuses.

It couldn’t possibly be that there really is a broad public hue and cry to that information released.  Us uninformed voters, denizens of fly-over country, couldn’t possibly know enough to demand the release on our own.

No, Senator Dianne Feinstein (D, CA) and Congressman Adam Schiff (D, CA), the two “top Democrats” in the quote, are desperate to have a distraction.  Us uninformed might find out too much.

It’s rich coming from a Senator who released to the public, unethically, a Senate Judiciary Committee report concerning Fusion GPS and then blamed her unethical behavior on having taken cold medicines and so she wasn’t thinking clearly.  Feinstein and I are of an age, and I’ve taken cold medicines, too.  They’ve never addled my brain.

It’s also a bit much coming from a Congressman who’s not the least bit curious about the Steele dossier; he just wants that matter dropped.