JS-Kit/Echo comments for article at http://smallestminority.blogspot.com/2010/06/cut-n-paste.html (28 comments)

  Tentative mapping of comments to original article, corrections solicited.

jsid-1277784917-117  juris_imprudent at Tue, 29 Jun 2010 04:15:17 +0000

And 'conservatives' wonder why I talk about gun control and the War on Drugs in combination.  They both spring from the same illegitimate view of federal power.  There is no federal police power, and warping the meaning of the Commerce clause to achieve it in one domain lays the foundation for the abusive application in others.

One day yet the NRA will rue Project Exile.

jsid-1277838246-495  Ken at Tue, 29 Jun 2010 19:04:07 +0000 in reply to jsid-1277784917-117

Not soon enough.

jsid-1277791641-273  Mark at Tue, 29 Jun 2010 06:07:21 +0000

And how many words is this one? ;)

/me goes back to reading

jsid-1277831086-205  khbaker at Tue, 29 Jun 2010 17:04:46 +0000 in reply to jsid-1277791641-273

13,430.  Twenty-seven printed pages and a bit.

jsid-1277792854-519  el coronado at Tue, 29 Jun 2010 06:27:34 +0000

an earlier 13000 word wall o' sound; and now a couple thousand more words, all boiling down to the same notion, which, BTW, **is nowhere in the constitution**: we the people consent to be ruled over by our 9 bewigged lawyerly masters ensconsced in the supreme judicial chambers. THEIR word is the ultimate law. THEIR will trumps legislative will; duly-voted referendums; and the right of a landowner to A) be secure in his property and B) do what he pleases with said property.

and when they, our learned rulers-for-life philosopher kings get around to permitting it, and they will, gold & guns & free enterprise and all the rest will be outlawed. while we the people shrug and say, "they're the boss. whattaya gonna do?"

in the end, that frickin' idiot plato wins. shows you what a good P.R. man can do for you.

jsid-1277817552-181  GrumpyOldFart at Tue, 29 Jun 2010 13:19:12 +0000

There you have, starkly and ingenuously confessed, the judicial philosophy -- if it can be dignified as such -- of Reid and like-minded Democrats: Regardless of constitutional reasoning that can be annoyingly hard to refute, we care only about results. How many thoughtful Democrats will wish to take their stand where Reid has planted that flag?

While I realize calling him "thoughtful" is an awful stratch, Marky has taken his stand precisely there. This is the opening two sentences from his latest post on his blog:

The Supreme Court of the United States ruled today that the Chicago hand gun ban is unconstitutional. I agree that it is as I know many people who live there who have been assaulted way too many times.

And yes, he's already been bitch-slapped in the comments (although not by me) for "agreeing that it is" solely because of people he knows having been assaulted. It doesn't make a rat's ass whether or not it's good law, or whether it agrees with the core document of US law. He likes it, therefore it's good, and that's the only standard.

That explains much about his positions on a lot of issues.

jsid-1277823849-505  Ed "What the" Heckman at Tue, 29 Jun 2010 15:04:09 +0000 in reply to jsid-1277817552-181

Aaaaand the blather continues. From Marxy's comments in reply:

"Does the 2nd amendment protect the right to own an automatic weapon? Yes. Does owning a machine gun have a practical application in reality? No."

…and later on…

"Of course, none of this addresses the issue of state's rights which have been usurped in this case. While I do agree that the ban is unconstitutional, the same people who argue for state's rights really don't give a shit about them when it comes to guns."

What more really needs to be said…?

jsid-1277823463-161  Ed "What the" Heckman at Tue, 29 Jun 2010 14:57:43 +0000

I take it that this is not the Ültimate Überpost you're working on for Mr. Kelly?

jsid-1277823850-745  khbaker at Tue, 29 Jun 2010 15:04:10 +0000

No.  No, it's not.

jsid-1277833436-93  Lame-R at Tue, 29 Jun 2010 17:43:56 +0000

Tour de Force!  Simply beautiful.  Now I need to go back and re-read it a few times to make sure I can actually retain some of it.  Thanks for continuing to put out such heavy-weight material!

jsid-1277836099-766  ML27 at Tue, 29 Jun 2010 18:28:19 +0000


1.  Thank you for your work on this post.
2.  I'll have to print this and read it later.  My lunch 1/2 hr is gone.


jsid-1277836405-822  Kim at Tue, 29 Jun 2010 18:33:25 +0000

If you'll pardon the language:  fuck 'em all.  I don't need a judge to tell me what the Constitution means.

And I'm a little skeptical about the "full faith and credit" aspect of the judgement.  Does this mean that as the holder of a Texas CHL, I can walk through the City of Chicago with a concealed handgun, and NOT be arrested and prosecuted if I'm discovered to be doing so by the Chicago PD?

Forgive me if I'm not willing to put THAT little exercise to the test.

This was a victory, of sorts, to be sure.  But it wasn't as big a victory as everyone seems to be trumpeting.  Let's see how many ordinary Chicagoans are given "permission" to own handguns in the next two years, with all the roadblocks and obstructions that Hizzoner Daley is going to erect in their path.

My guess:  fewer than a dozen.  And I wouldn't bet against "none" either.

Not quite a victory...

jsid-1277837079-272  khbaker at Tue, 29 Jun 2010 18:44:39 +0000 in reply to jsid-1277836405-822

One step at a time, Kim.  It's how we got to where we were in 1998, it's how we've gotten to where we are today. 

jsid-1277839325-391  Kim at Tue, 29 Jun 2010 19:22:05 +0000 in reply to jsid-1277837079-272

Kevin, my dear friend:  I'm really sick and tired of having to take baby steps to remedy a clear injustice, when the Left continues to enact their foul agenda (e.g. ObamaCare and NFA) in leaps and bounds.

jsid-1277842151-796  khbaker at Tue, 29 Jun 2010 20:09:11 +0000 in reply to jsid-1277839325-391

I understand, but you've got two choices:  baby steps (the way the opposition has been doing it) or bloody rebellion.

Ambrose Bierce observed once that "Revolution is an abrupt change in the form of misgovernment."

I fear that the Endarkenment really is coming, but I have no wish to hasten it.

jsid-1277911746-526  theirritablearchitect at Wed, 30 Jun 2010 15:29:06 +0000 in reply to jsid-1277842151-796

"I fear that the Endarkenment really is coming, but I have no wish to hasten it."

That makes no difference, sir, as the Left does want it, whether they know it or not, and they are taking, as Kim rightly states, "leaps and bounds," at this point, attacking at other fronts.

jsid-1277845960-784  Russell at Tue, 29 Jun 2010 21:12:40 +0000

Gee, sounds like things would be a whole lot better if we didn't have lawyers and judges telling the hoi polloi what the Constitution really says. A pox on both their houses.

jsid-1277848291-249  Mark at Tue, 29 Jun 2010 23:23:07 +0000

Please remember that "Law Enforcement" is the great enabler of the sewage, and would have been glad to enable a Court that went the other direction.  Thank them if you wish.

jsid-1277860373-90  DJ at Wed, 30 Jun 2010 02:24:26 +0000

Well done, Kevin.

This is a remarkable expose of why I despise the legal profession in general. I spent about one-fourth of my engineering career in legal clusterfucks with lawyers who will cheerfully (and expensively) spend years splitting hairs over the meaning of a single word.

Now comes the era of one of my favorite questions: "Just what part of 'shall not be infringed' don't you understand?"

jsid-1277863112-927  rickl at Wed, 30 Jun 2010 02:30:52 +0000

I haven't read through the whole 13,000 word wall of text, but I appreciate your efforts, and I've got it bookmarked for future reference.

The thing that jumped out at me was one of the quotes from Joseph Story in 1833:
it cannot be disguised, that among the American people there is a growing indifference to any system of militia discipline, and a strong disposition, from a sense of its burthens, to be rid of all regulations.

This is a bit of a digression, but it reminded me of something I read a couple of years ago in a book entitled Sam Patch, The Famous Jumper by Paul E. Johnson.

The book is about an early American daredevil who specialized in jumping over waterfalls, and was the first to perform any kind of stunt at Niagara Falls, a generation before the more well-known tightrope walkers and barrel riders.  But since not a whole lot is known about his life, the author fleshes it out with descriptions of American culture in the 1820s.  It's a fascinating book, actually.

Anyway, on p. 139-141, the author says that the men of that time were chafing at the requirements for militia practice and drills, and came to regard them as occasions for drinking and tomfoolery.  They created "Fantastical Militias" where they paraded around in silly costumes and staged mock battles instead of actually training.  Those exhibitions became popular spectator attractions in some places.

I wish I could quote the whole thing, but the text isn't available online and I'm not going to type it in by hand.  Check out the book.  It's cheap and a damned interesting read.

jsid-1277864635-104  Geodkyt at Wed, 30 Jun 2010 02:36:38 +0000


Wrong, there IS a Federal police power.  The Constitution gives the Federal government certain specific powers, and in exercise of those powers, it has the authority to ENFORCE them.  In other words, in cases involving enumerated Federal powers, they DO, in fact, have a police power.

The problem is that they have not limited themsleves to those areas where they actually have enumerated powers.

jsid-1277867366-506  juris_imprudent at Wed, 30 Jun 2010 03:09:31 +0000 in reply to jsid-1277864635-104

Madison was quite clear about it, but then he's a dead white guy who never understood how the Constitution was alive and evolving.

jsid-1277865989-332  geekwitha45 at Wed, 30 Jun 2010 02:46:29 +0000


jsid-1277900717-204  staghounds at Wed, 30 Jun 2010 12:57:59 +0000

Gripe about courts and judges all you want, but SOMEONE has to rule on the application of the words.

Otherwise, the words are meaningless and depend only upon each individual's interpretatation. That's chaos and the rule of the strong.

jsid-1277914596-11  Russell at Wed, 30 Jun 2010 16:16:36 +0000


There is a wide gulf of difference between hewing to the Rule of Law and letting any black robed fool change plain meaning over some random stare decisis that the court decided to use that day.

"The meaning of the Second Amendment of the Constitution was altered without the use of the Amendment process - merely by the repeated death-by-a-thousand-cuts judicial re-interpretation, and the power of stare decisis."

That's what I am griping about.

jsid-1277915601-311  khbaker at Wed, 30 Jun 2010 16:33:21 +0000 in reply to jsid-1277914596-11

That was the point of my "The Courts Will Not Save Us" trilogy (see left sidebar), but as noted in "Hudson Was Wrong" I don't see that we really have much other choice.

jsid-1277933785-794  Russell at Wed, 30 Jun 2010 21:36:25 +0000 in reply to jsid-1277915601-311

Save us? No.

Keeping us afloat for a little longer, maybe. I hope so, at least.

An Endarkenment seems inevitable at some point, we have plenty of examples of civilizations crumbling to nothing almost over night, but I for one don't plan on going gently in that good night.

This decision doesn't win the war, but it is one less battle we need to fight: the Supreme Court has marginally agreed with the Constitution about the 2nd Amendment.

jsid-1278300468-819  Mark at Mon, 05 Jul 2010 03:27:48 +0000

Note that your fine friends in "Law Enforcement" are the great enablers for all this.  Be sure to thank them appropriately for the outstanding job they have done!  Note also that they would have had no problem enabling a decision that went the OTHER way.  Bow and scrape before their Masters.  Constitution be damned!

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