Saturday, July 4, 2009

We're straying from the founding principles

The Declaration of Independence tells us, among other things, that some facts should be obvious ("self-evident" was the term they used):
That people have certain inalienable rights, including Life, Liberty, and the pursuit of Happiness.

That governments are instituted among the citizens and derive their powers from the consent of the governed.

That the people may alter or abolish the government and replace it with something new if it seems likely that the new system will ensure their safety and happiness.

That such changes should not be undertaken for trivial issues.

That when their government has failed them, the people have not only the right but the duty to throw off such a government and to replace it with one that will ensure their future security.

It's evident to me that when drafting the Constitution and the Bill of Rights, the Founding Fathers thought back to what led up to the Declaration of Independence and the reasoning behind breaking off from England in the first place. They seemed to have sat around and brainstormed about all the possible ways a government could corrupt itself or oppress its citizens and tried to enact safeguards against it, mainly through a series of checks and balances that force nearly every branch or function of government to be accountable to another one.

If I could go back in time, that's where I'd want to be. I'd sit in the gallery and observe the discussion and debate while they were writing our charter documents.

On Gun Nuts Radio the other night, the topic was what makes this a great country. I commented that although we had a disputed Presidental election in 2000 and didn't know who the winner was for a while, we more or less went on with business as usual. There were peaceful protests and demonstrations, but violence did not erupt in the streets. Martial law was not declared. No one stormed the White House, ousted the President, and forced him into exile somewhere. Some countries these days can't say that.

I can say what I want about my government without fear of reprisal. I can pretty much say what I want about whoever or whatever I want as long as I don't tell lies about someone, incite violence, or conspire to commit a criminal offense. Not only can I say what I want, I can generally read what I want: the government does not block access to material it may find subversive or contrary to the public good. Citizens of many nations today don't have that right.

I can freely travel among the several states and are not required to present my "papers".

Throughout most of the country (some states and cites excluded... you know who you are), I have the right to keep and bear arms for lawful purposes and have the right to defend myself and others against those who would do me harm. Much of the world does not have that right. And we see what it's like for them, don't we? Think Iran. If the UN had its way, all of us would be disarmed.

The government generally cannot detain me or search or seize my property without my consent unless it has probable cause to do so. In most cases it must first swear out a complaint against me and plead its case for probable cause to a neutral third party, namely a court of competent jurisdiction, and receive permission in the form a warrant. Again, this is not the case everywhere in the world. It's not even the case everywhere in the U.S. - some localities have a "looser" definition of probable cause. New Orleans after Hurricane Katrina comes to mind.

Should the government accuse me of something, the principle of due process requires that it notify me of the accusations, argue its case against me in a public court, allow me to confront and challenge my accusers and the witnesses and evidence against me and present a defense with the assistance of counsel, and convince an impartial jury of my peers of my guilt, before depriving me of my rights, namely the "life, liberty, and pursuit of happiness" thing. The various watch lists and no-fly lists and such as they apply to U.S. citizens and legal visitors of this country are an abominable exception to this rule. "May-issue" statutes as they apply to firearm permits are another one. In a may-issue state or locality, the applicant must prove to the government that he/she has a need for a firearm, is of good character, and is not otherwise disqualified from purchasing, possessing, and/or carrying one. In shall-issue (as in shall-acquit), the burden of proof is on the government to prove its case before denying a person this or any other constitutional right.

For those who say the United States of America is not a great place to live, I'll simply point out that it seems as though a lot more people are trying to move into the U.S. than are trying to move out. That ought to say something.

The title of this post is "We're straying from the founding principles." How is that?

One of those inalienable rights is the pursuit of Happiness. You are only guaranteed the right to pursue it, but there's no guarantee you'll find it. And as long as your pursuit does not infringe on someone else's rights, the government is supposed to stay out of the way.

Successful people - those who presumably have found Happiness - seem to be unduly penalized for it in the form of taxation. Not only do we have taxation without representation (because, for the most part, our "representatives" are only concerned about maintaining their status as an elected official), we also have representation without taxation: approximately 50% of the citizens of this nation pay no Federal income tax.

Taxes are a necessary evil in our society. It's the price we pay to maintain the infrastructure. Governments - local, state, and federal - need tax revenue to pay for things that would be impractical for individuals to procure or regulate on their own. One function of the federal government is to "provide for the common defense." Imagine if each of us contracted with a different vendor to provide arms and equipment for the standing army.

Imagine if there were no standards and every locality were free to set its own specifications for the Interstate highway system. It would be a bumpy ride.

We need regulatory agencies such as the FDA, USDA, FAA, and even the EPA. People here seldom die from unsafe or untested drugs, contaminated food, plane crashes, or poison in the water.

The government has gone past the point of collecting only enough revenue to maintain and regulate the infrastructure and are now at the point where they collect revenue for the purpose of "redistributing the wealth". Some politicians have a true socialistic philosophy and believe the redistribution of wealth is necessary to achieve economic equality among the population. I disagree with this philosophy, but can respect that these people are true in their beliefs.

Most politicians, however, are in it for themselves. To ensure their continued occupation of an elected office and the power and perks that go with it, these politicians endeavor to keep a certain number of the citizens dependent on the government and in fact do not wish for these people to achieve economic independence. In fact, these politicians don't give a rat's ass about the people they supposedly represent. However, by redistributing wealth, they are seen as the providers of some of the basic necessities for these people who, in order to maintain some standard of living and not "bite the hand that feeds them", will almost always vote to elect or re-elect representative who promises to keep the government assistance coming.

When political winds change, some politicians have been known to abandon their principles (assuming they had any in the first place) and change sides.

"A politician who tries to be all things to all people often becomes nothing to no one." - author unknown.

This is a great place to live. We just need to get the government and the politicians back on track.

Enjoy the day, and use your favorite beverage and hoist a toast to the Founding Fathers and thank them for putting their very lives on the line when signing our country's birth certificate.

The Declaration of Independence - America's Birth Certificate

Presented without comment. The document speaks for itself.

From the National Archives, a transcription of the Declaration of Independence


IN CONGRESS, July 4, 1776.

The unanimous Declaration of the thirteen united States of America,

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.--Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.

He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.

He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.

He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.

He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

He has affected to render the Military independent of and superior to the Civil power.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

For Quartering large bodies of armed troops among us:

For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:

For cutting off our Trade with all parts of the world:

For imposing Taxes on us without our Consent:

For depriving us in many cases, of the benefits of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences

For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:

For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated Government here, by declaring us out of his Protection and waging War against us.

He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.

He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.

He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Nor have We been wanting in attentions to our Brittish brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.


The 56 signatures on the Declaration appear in the positions indicated:

Column 1
Georgia:
Button Gwinnett
Lyman Hall
George Walton

Column 2
North Carolina:
William Hooper
Joseph Hewes
John Penn
South Carolina:
Edward Rutledge
Thomas Heyward, Jr.
Thomas Lynch, Jr.
Arthur Middleton

Column 3
Massachusetts:
John Hancock
Maryland:
Samuel Chase
William Paca
Thomas Stone
Charles Carroll of Carrollton
Virginia:
George Wythe
Richard Henry Lee
Thomas Jefferson
Benjamin Harrison
Thomas Nelson, Jr.
Francis Lightfoot Lee
Carter Braxton

Column 4
Pennsylvania:
Robert Morris
Benjamin Rush
Benjamin Franklin
John Morton
George Clymer
James Smith
George Taylor
James Wilson
George Ross
Delaware:
Caesar Rodney
George Read
Thomas McKean

Column 5
New York:
William Floyd
Philip Livingston
Francis Lewis
Lewis Morris
New Jersey:
Richard Stockton
John Witherspoon
Francis Hopkinson
John Hart
Abraham Clark

Column 6
New Hampshire:
Josiah Bartlett
William Whipple
Massachusetts:
Samuel Adams
John Adams
Robert Treat Paine
Elbridge Gerry
Rhode Island:
Stephen Hopkins
William Ellery
Connecticut:
Roger Sherman
Samuel Huntington
William Williams
Oliver Wolcott
New Hampshire:
Matthew Thornton

Friday, July 3, 2009

It's been a long time since I got it wet

I see some things haven't changed in the Big Sleazy

They're still confiscating weapons.

The arrest and initial seizure may or may not have been legit. I don't know.

But when they opted to not prosecute, refusing to return the firearm (or any other "persons, houses, papers, or effects" seized) seems like a 4th Amendment violation to me. At least the ACLU sees it for what it is.

(via Kevin)

AZ restaurant carry - I stand corrected

The original AZ Senate engrossed (adopted) version of Senate Bill 1113 would allow CWP holders to carry concealed handguns into an establishment that is licensed to serve alcohol for "on-site" consumption on the premises if the establishment also sells and serves food prepared on site (basically, a restaurant, or a bar with a kitchen and a restaurant license).

As I read it, the House engrossed version of SB1113 removed the "food" provision, basically allowing a CWP holder to carry concealed into any establishment with an "on-sell" (on site) liquor license.

I haven't found the enrolled version (the official copy of a bill as finally passed in identical form by both houses of the Legislature and transmitted to the Governor), but I assume the House engrossed version of the bill is the version that was finally approved by the Senate and became the enrolled version. (This has forced me to do something I should have done long ago: learn how the AZ legislature makes sausage.)

In either case
  • it is illegal for ANY person to consume alcohol while in possession of a firearm on the premises of a licensed on-sale retailer
  • you must have a CWP and carry concealed; open carry is presumably not allowed
  • the establishment may prohibit weapons on the property (other than an unsecured parking lot I presume... a different new law) by posting a conspicuous sign to that effect. Appropriate signage shall be prepared by the Department of Liquor Licenses and Control and made available at no cost to the licensees.
So, it's not just restaurants. It's bars and pubs, too. That's OK. It just means that I won't have to turn around and go put the gun back in the car... and perhaps have some bastard see me do it... when I go eat someplace that just happens to serve beer. That is, unless the place is posted as a gun-free zone (in which case I can take my gun and my business elsewhere and inform the manager that I'm doing so.)

As for the bars, those people who obeyed the law and didn't carry weapons while there, especially CWP holders, will likely continue to obey the law and either not carry or not drink. Those who ignored the old laws will likely ignore the new ones, too.

It looks like Mrs. Gator is gonna be the designated driver/gun-bearer for the foreseeable future.

Well said, Ted!

On PBS, even!



(h/t to HK Freak)

Thursday, July 2, 2009

Happy hour, schmappy hour - Stingray wants some changes

Stingray over at the Atomic Nerds thinks those of us who are pissed off need a time slot, too.