In re what Ashcroft can do as head of the DoJ: same thing they did after
In re Project Exile, sorry, but you did not really answer my questions. Sorry, I must have missed it. Did you include an interrogatory sign? While you don't mind if the fedgov usurps powers not enumerated to them if
And, again, yeah, I know NRA says they are only to use such laws against really really REALLY bad guys- but my point is, and you have not refuted it, they CAN be applied to anyone. I believe Emerson shows that there are limits. Can the government (Federal, State, and Local) disarm citizens? Yes, Dave, it happens every day, with or without "Project Exile". However, you seem to be concerned more about felons rights than you are about my wife rights. She has a "Natural Right to Life". The last time my house was "invaded" my wife arrived while the perp was still in the house. He was armed. Fortunately he bugged out the back door from our bed-room, while my wife was putting groceries away in the kitchen. Apparently all my NRA paraphernalia laying around the house induced him to "beat feet". As much as you think this crack addict deserves the rkba, Dave, I can't see it. The vast majority of "the People", including most gun-owners, feel the same way, I believe. Your fight against "Project Exile" is really hopeless and totally counter-productive, IMMHO. Worst of all it doesn't move the ball one inch forward. To think that a government, already operating extra-Constitutionally, is going to be ever bound by the niceties of interpreting the application of
I don't recall advocating political firing squads, but as long as you bring it up, let me add one qualifier- I hope you agree with me that their jury of peers should be fully informed triers of law as well as fact? Just my, obviously poor, attempt a satire. "Circular Firing Squads!" Get
E-mail From the Desk of Neal Lang Hi, Dave, Again thanks for the prompt and thoughtful reply. the 14th Am- protect rkba and other rights, albeit they did it there selectively. I'd like to see the DoJ prosecute a gov. agency for denying a citizen their 2A rights. You can bet THAT case would make it up to SCOTUS post-haste. Don't think that's likely, due to "pragmatism" and "compromise". I am heartened to see Metaja denied advancement- we shall see how they continue with Emerson, and if they pursue the current DoJ position... Is the 14th Amendment even valid? I have seen some interesting evidence that says maybe not. (See the Unconstitutional 14th Amendment at: http://www.barefootsworld.net/14uncon.html - for some real interesting stuff. Apparently Herr Reno wasn't the first with the "jack-booted thugs"?) ("Jack-booted thugs?" Hmmm! Didn't Wayne LaPierre of the NRA make the phrase a National Cause Celeb? Didn't George I burn his Life Member NRA card because of Wayne's use of that expression to describe our friends at ATF? Hmmm! Not bad for a HCI clone!) Anyway, assuming it was correctly passed and ratified - now what? According to the Supremes, Dave, apparently the rkba was not included in the "privileges and immunities" of the 14th Amendment (See U.S. v. Cruikshank at: http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=92&invol=542 - this 1875 (post 14th Amendment) case recognizes the rkba, but not for blacks in Louisiana.) You being such big a Supremes fan (e.g. Marbury v. Madison) this of must be the definitive answer for you. All General Ashcroft can do is enforce the law, Dave. The Congress must pass the laws; the Courts determine the constitutional limits of the law; and the Executive, through the AG, sees that the laws are "faithfully executed". In order to prosecute, Dave, General Ashcroft needs a violation of the Federal Code. Please provide the Federal Code cite, point out the errant governmental agency, and let's get the ball rolling. I'll bet General Ashcroft will prosecute in a heart-beat if the facts are there to indict. As for Emerson, if the 5th Circuit finds for Dr. Emerson (upholds the District Court decision) I hope DoJ pushes it to the Supremes, who must take the case, IMMHO, as the Circuits will then be disjointed on Lauternberg. Worst scenario - the 5th Circuit overturns (I don't like the delay). Next worst - the 5th Circuit upholds the District Court decision, and DoJ decides to drop the case. If so, only those lucky folks in the 5th (Texas and Louisiana) can stop worrying about Lautenberg, the rest of us still will have it over our heads. Best scenario - the 5th Circuit upholds the District Court decision, and DoJ (General Ashcroft) decides to push the case to the Supremes. Of course this a "crap shoot" but I believe Justice Thomas will be writing a 2nd Amendment decision that will make Sister Brady find Jesus, IMMHO. This would be the current DoJ position. If General Ashcroft pushes it, I hope you cut him some slack because it will be almost impossible for the Supremes to duck this one. the cause is 'worthwhile', ie, taking a gangbanger off the streets, I am concerned more with the gov assuming powers that are not theirs- as heinous as the criminals are, they wreak nowhere near the human carnage and misery that governments unbound do- how much further down this slope are YOU willing to tolerate our descent? Actually I do worry about Federalism, Dave, but you brought up Marbury v. Madison, not me. Frankly I believe a good case could be made that once "the People's right to keep and bear arms" was added to the Constitution, the "power" was "enumerated" then and there. I believe this is exactly what Madison was so afraid of in adding the "Bill of Rights" in the first place. It opened areas to the Federal government he never intended they would be allowed. The originally limited Federal government now obviously has something to say about "the People's speech, religion, homes, papers, guns, presses, assemblies, etc., etc., etc." - there are Articles now addressing each of these areas. Just look at the Federal Court cases now addressing these areas. You (the big Marbury v. Madison fan) can't honestly say the Feds aren't SUPREME. Be careful what you wish for, my friend, it might be granted. We may not be able to put the genie back in the bottle, my friend. Personally, like Madison, I believe the slope started with the "Bill of Rights", was greased by Marbury v. Madison and many of Justice Marshall's decisions, and really got into full descent with the Civil War and the 14th Amendment, followed closely by Sherman Anti-trust, et. al. By the time the "New Deal" arrived, we already had an income tax, Dave, and we were pretty well "bagged and tagged". Actually your idea of "Guns for Felons" will not make the top 10 of Pro-gun PR programs, IMMHO, my friend. If the Constitution says "the People's right to keep and bear arms shall not be infringed", there is also a corollary - that there just might be some (prisoners in Federal prisons, for example) that this could logically be exclude. So the Federal government makes laws to enforce same. Once this begins, as it did in 1793, then obviously felons might also be logically excluded. That is, of course, unless you wish to promote a system "responsibility-free rights". A convicted felon, Dave, displays a certain lack of responsibility, IMMHO. I think that there just might be some "compelling state interest" in disarming such an irresponsible person. Of course, "due process" should be the arbiter in establishing felonious behavior. Also, I have no problem with a convicted felon having his rights restored. Again, only following appropriate "due process". A "compelling state interest" insists that if one is to have the "right to keep and bear arms", they should exercise same responsibly. I think you will agree that irresponsible firearms use could prove dangerous to my, or your, or anyone's "Natural Right to Life". Walla! The States has "compelling interest". their "illegal" laws according to how the NRA wants them to do it, does not compute with me. I think your good intentions may just be paving the road to Hell here- probably not under Bush, but what about under Pres. Hillary? Sorry, no matter the motive, I just don't think the ends justify the means here. If you continue to champion "gun rights for felons", Dave, we will probably see President Hillary. Jumping up and down and shouting the government acts unconstitutionally is really not making your case. To my knowledge "Project Exile" is a designed to take "armed felons" off the street. Personally I like the idea. If you have proof that "Project Exile" is really taking "honest citizens" off the street, by all means, please, present your evidence. I will then join you in "jumping up and down and shouting". But without such evidence, you have "No Sale" here, my friend. Sorry! the picture? Everyone gets in a circle and shoots at the bad guys in the middle, but instead, causes many "friendly fire casualties". I was alluding to how we can easily destroy our friends by such tactics. Actually, Dave, equating the NRA to HCI is such a tactic, IMMHO. I, too, agree in "jury nullification" of bad laws, Dave, as did our founders.
That's it for me on this. "Uncle!" Shame, Dave, just when I saw the "light at the end of the tunnel". Keep the Faith,
Neal Neal J. Lang (Signed) E-mail: movwater@bellsouth.net