Tag Archives: common sense

2nd Amendment and Gun Control, Part 1

There is a very strange argument that is made by politicians, the NRA gun manufacturing lobby and some others concerning the 2nd Amendment and the rights entailed therein. The argument goes like this:

The Second Amendment guarantees any person’s right to own any kind of weapon.

They take the 2nd Amendment and parse it out, emphasizing some of the words and ignoring others. Kind of like when Betsy asks me to take out the garbage. Me? Take out? OK , Let’s order a pizza.

“Amendment II

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.”

They kind of skip the first 13 words and then start reading. Speed reading? Skimming for the general idea? Hmmmm.

The obvious intention of the founding fathers was that, in the 18th century, there would be times when the local government would need a call to arms. Maybe the injuns were coming or the Brits had decided to try to retake the village. Or perhaps the Canadians were on the march attempting to impose universal health care on our children and widows.

Hence the first 13 words. A well-regulated militia. Pretty clear. Well…regulated …militia.

Some folks, however, ignore those words. They don’t like them. The 13 words not only imply a strict government control over arms, they specify it. We may need a local militia, so you should keep a gun handy. That does not mean you can have a gun for any other reason.

Of course, if the founding fathers INTENDED that everyone should have access to a gun for any reason they had no need for those 13 words. They could have kept it much simpler, as in the 1st Amendment. Short and sweet.

So the first argument supporting the notion that anyone can have any kind of weapon for any purpose is easily shot down and understood by anyone with a modicum or more of cognitive ability.

Of course, because the Constitution is interpreted by the Supreme Court, it really does not matter what the founders were thinking. The Supreme Court decides what the words mean, not the founders.

And here we see an interesting phenomena. The conservative justices  who CLAIM to be “strict constructionists” have actually changed the meaning of the 2nd Amendment. Now, I don’t mind the Court trying to keep up with modern times. I think the Supreme Court should do so. But I do find the hypocrisy of the conservatives on the Court somewhat amusing.

These same justices who claim to interpret the Constituion based on the “original” document and words of the founders tend to let this one slip by. The “originalists” suddenly found, after more than 200 years , that the founders didn’t realy mean “militia” when they wrote “militia”. The majority opinion in the Heller decision goes through more contortions than a Chinese acrobat trying to justify that one. But, they had the votes. So be it.

The Heller decision, giving all of us the individual right to own a gun  states, in part:

“Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.”

So, the founders were simply wrong when they wrote “well-regulated militia“. So much for the “strict constructionist” viewpoint.

But that’s ok. Everyone now has an individual right to own a gun. We all agree because the Supreme Court says so.

Which brings us to a second argument made by the NRA gun manufactuting industry and their employees in Congress. It goes like this.

Since I have the right to a gun, that means I have the right to ANY gun. And that means I can carry any gun anywhere I want. Therefore, no state or national government can make any laws restricting my right to own my gun or where I can wander around with it. Any government that does that is trying to take away my gun.

The obvious fallacy of that position is clear. If you want to think about it. It would mean that the only unlimited right granted to citizens by the government is the right to have a gun. All other rights have associated responsibilities and limits, but not my right to a gun. It places the 2nd Amendment in a different category than every other right.

Of course, that argument is easily refuted. Just look at the 1st Amendment. We have the right to free speech. It’s right there, in black and white. But that right is not unlimited. We have libel laws which restrain speech. We have regulations as to what words can be used on non-cable tv stations. We have slander laws. We have laws against threatening to kill others, especially political leaders. Try telling a joke about having a bomb in your backpack when you are boarding a plane and you will see how quickly your “free speech” is dealt with.

The same is true of freedom of  religion. You have the freedom to worship in the church or mosque or synagogue or basement of your choice. You can pray to anything you want to pray to. Some Native American churches are even allowed to void anti-drug laws because they have a longstanding use of peyote in their rituals. But if you are an Aztec and believe in human sacrifice, that is a no-no. A fundamentalist Mormon may believe he can have numerous child wives (and some do) but that is illegal. You can believe it is your right and religious duty as the “father” of the house to beat your kids and wife. But that is not tolerated. Limitations.

So, every right has legitimate, common sense restrictions. Even in the Heller case, the most conservative of the justices, Justice Scalia, pointed out that this right is not unlimited. Specifically stating, in his majority opinion, that schools and government buildings are places where restictions may be logically imposed. Also, certain categories of people, like felons, could be legally restriced from owning guns. Further, he stated that the government has the ability to restrict certain kinds of firearms, like military weapons, as well.

So, the idea that every person has an unlimited right to any type of gun he wants does not pass muster. Even the most conservative member of the Court, Justice Scalia,  recognized that, while you have an individual right to a weapon, that right is not without proper government restrictions.

In essence, the most radical arguments of the NRA gun manufacturing lobby and the extremists goes down the toilet.  The only question that remains is: What are reasonable restrictions?

2nd Amendment and Gun control, Part 2, next time.

https://www.law.cornell.edu/constitution/second_amendment

https://www.law.cornell.edu/supct/html/07-290.ZS.html

http://www.scotusblog.com/wp-content/uploads/2008/06/07-290.pdf

 

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Filed under Congress, Conservatives, Constitution, GOP, government, gun control, logic, Neoconservative, NRA, Politics, Supreme Court

Sex Harrassment Training

“The Senate unanimously approved legislation late Thursday that institutes mandatory sexual harassment training for senators and aides — a potentially meaningful shift amid calls for overhauling Capitol Hill’s system for handling harassment complaints.”

https://www.politico.com/story/2017/11/09/congress-sexual-harassment-training-senators-aides-244762

I was able to acquire an actual audiotape of the first meeting of the sexual harrassment training for Congress. I have changed the names to protect my congressman.

From the audiotape:

Anonymous Congressman: Hey, babe, is this the place for the sex training?

9 year old girl: Hi Mister, yes, this is the place for your training.

AC: So, who is running this show?

9YO: I am . I was asked by my mommy to talk to you all today.

AC: Aren’t you a little young to teach us how to harrass women?

9YO: No, Mister. I am here to help you learn how to be good.

AC: Oh, oops. I misunderstood. The email  said “sexual harrassment training”. I thought someone would teach me how to  harrass my female  employees and not get caught.

9YO: No, Mister. I am supposed to help you understand that sex stuff is wrong.

AC: Ouch. Boy am I embarrassed. So, what do I need to know?

9YO: Well, you should be nice to people.

AC: But what if I really want to touch a woman. You know, I really want to. I can hardly control myself. And I am the boss.

9YO: You should not touch anyone who doesn’t want to be touched. It’s not nice.

AC: OK. I never knew that ! Wow! So, if I am the boss I should not just like kiss her or grab her by her..uh.. private parts. You know, like President Trump.

9YO: No, that is wrong. That is being a bad man. You should never touch anyone who does not want to be touched.

AC: So, it would be wrong to just grab a woman? Really? I never knew that. What if I say sexy stuff to her? Like Clarence Thomas.

9YO: No. That is bad. You should not say sexy words to someone  in the workplace. You should never say things to make them afraid or sad. That is bad.

AC: Wow. I never knew that. So I should not make commensts to women about having sex with me or force a women to have sex on my desk. Like Matt Lauer.

9YO: NO! That is called rape. That is a bad thing. Do not do that. That is very naughty. Don’t you understand?

AC: What if I “accidently” grab a female on her butt? I mean, what if it is an accident? Like Al Franken?

9YO: NO! You are making me mad ! No. No. No. That is wrong. Don’t touch.

AC: Well, I am trying. But I never knew that was wrong. I am learning so much today that I never knew! Let me see if I understand. I should not touch women or girls  if they don’t want to be touched. I should not say sexy things to women in the workplace. I should not rape women, even if they are working for me?

9YO: Yes. Now you understand. That is called sex harrassment. That is wrong. I learned in Kindergarten that you should not touch others. Didn’t you ever go to Kindergarten? My teacher said to never touch others who do not want to be touched.

AC: OK. I get it. Thank you for this training. I never knew that it was wrong to touch or kiss or rape a woman. This training has really opened my mind.

(The 9 year old leaves the room but the tape is still running.)

AC: (talking to an aide). That girl was really HOT, wasn’t she? I was going to invite her to have dinner with me tonight at Hooters. Think that would be wrong?

End of tape.

Personal aside: The people who we elect to make our laws need to be TRAINED not to sexually harrass other human beings. Please read the previous sentence again. Then try not to cry.

 

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The Great Health Insurance Lie

The ongoing debate about about health care continues. Is the ACA better than Trumpcare? Is Trumpcare better because it includes more free market choices? Is Obamacare better because it covers 24,000,000 more people? What about the deficit.

And so forth.

But there is one fact, one truth, one absolute “know” that all sides of the debate seem to accept at face value. If you can disabuse yourself of this “truth” the health care issue can be solved.  There is one “given” that no one  from Sanders to Clinton to Trump to Cruz or any of their associates seems to challenge. That given is the following fallacy

Companies provide health insurance to employees. The government supplies health insurance to employees. Health insurance costs “job creators” billions of dollars a year.

False. Absolutely false.

There is not now, never has been and never will be any company or school district or government that provides health insurance to the employee.  Every employee from the highest to the lowest paid. In every industry. In every business. In every time period. Every employee has always paid and will always pay their own health insurance costs. Period.

Health insurance costs are not taken out of profits. They are not taken out of investors’ dividends. They are taken out of the employee’s salary. Every time.

Anyone who has ever been involved in negotiating contracts should understand this. As should anyone who has an understanding of basic economic theory. Every employer , whether public or private, has  an amount  of money that it sets aside for the “cost of labor”. Part of that “cost of labor” is benefits. One of those costly benefits is health insurance.

Does anyone think, really, that health insurance is some “gift” from an employer? Really? Never. The cost of health insurance is simply deducted from the employee’s salary as part of the “cost of labor”. The employee takes a lower salary and pays for his own insurance.

Does anyone really think that a business negotiates  a contract and then, out of the goodness of its heart, just adds on health insurance? Really?

Once you understand that you, as an employee pay for your own insurance you realize how vile the CEOs of companies like Hobby Lobby truly are. Hobby Lobby employees pay for their own insurance, yet the Supreme Court has decreed that the CEO of Hobby Lobby can dictate the kind of coverage the employee has paid for. Ludicrous.

So, next time someone tells you that their employer is “providing health insurance” and so the employer should be able to dictate what coverage they can have. Set them straight. Tell them they pay for their own insurance. And will continue to do so. Even though their boss may dictate what kind of coverage they get.

Your employer “gives” you health insurance. The big fat heath insurance lie. And another reason why we should have a single payer option. After all, the workers are paying for health insurance, shouldn’t they decide what option they want?

 

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Get Some Sleep, You Old Fool

For years scientists have known that sleep deprivation can lead to mental and physical disabilities. It is even used as a torture…er…enhanced interrogation technique. More efficient than waterboarding .

Sports teams have,  in recent years, jumped on the sleep  bandwagon. Teams like the Seattle Seahawks even monitor players’ sleeping  habits  and adjust practice schedules accordingly. One of the best quarterbacks of all time, Tom Brady, once said he goes to bed at  8:30 PM.

So sleep is important for young and old. Important for mental awareness and physical  health. Which brings me to this juncture.

Imagine a doddering  70 year old man. Scruffy beard. Balding head covered by a badly dyed comb over. Bleary -eyed. Maybe wearing partial  unbuttoned silk pajamas. Maybe totally nude.Wandering up  and down the hallways. It is 3:20 AM.

He stumbles aimlessly around his luxury apartment. Can’t sleep. Picks up his iphone. Decides to do some late night tweeting. Starts tweeting about some woman. Some young woman he knew years ago. Some woman he decides must be a porn queen.

A doddering old fool wandering around in the middle of the night tweeting about porn queens.

Finally somebody. Maybe his current wife. Maybe a servant. Maybe his 10 year old son. Somebody finds him wandering around,  takes him by the hand and gently leads him back to bed.

“It’s ok , daddy. Time to get some sleep”.

Two hours later he is up again. 5 AM. Stumbling along, iphone in hand, tweeting away about porn queens. Porn queen this, porn queen that. Again someone finds him.

Leads him back to bed. Perhaps this time they decide they better tie him down for his own good. Straightjacket, maybe. Keep grandpa under control.

Now, imagine this doddering old fool  sleeps in the White House and has access to all nuclear codes.  Access to the most top secret information. Access to power.

Please don’t wake up  this doddering old fool. Let him sleep.

To the American people:  wake up.

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The Slippery Slope of Slippery Slopes

As I walked out to the mailbox on this wintry day I fell 33 times on the ice. Very slippery. A veritable slippery slope of slippery slopes. Which got me to thinking.

Many arguments about “rights” from my conservative compadres these days seem to hinge on the slippery slope idea. The argument is that if you allow the government to do “A”, then the government will do “B”. then the government will do “C”…all the way to “XYZ”. And that, my friends , is the end of civilization as we know it. Doom awaits us.

Take gay marriage as an example. Those who want to ban gay marriage (now declared legal and constitutional in 35 states) have a state’s rights argument. The philosophy behind the argument for not allowing gay adults to marry goes something like this. (Hang on to your hat, it is gonna get slippery)

If you allow gays to marry, then what next ? The government will allow polygamous marriages. Then it will allow animals to marry people. The slope is fast and very slick. Gay marriage leads to human-animal nuptials. Want to be the flower girl at the wedding of Uncle Jed to Barb the Burro ? I thought not.

Another controversy rife with slippery slope reasoning (?) is gun control. If the government can regulate my use of a gun, what next? The government will ban all guns. To everyone. For all times. Then the jackbooted thugs will take over my house. (Usually Obama’s jackbooted thugs, but not always).The end of civilization as we know it. After all, what is more civilized than an AK-47?

It is hard to argue with such unreasonable reasoning. If “A” occurs…then “XYZ”. So, instead, let’s play the game of slippery slopes. In reverse.
Gay marriage. If the state government can prevent two adult citizens from getting married, what next ? Can the government prevent blacks from marrying whites ? Swedish-Americans from marrying Chinese-Americans? Eventually the states will prevent heterosexuals from marrying each other. No one can get married. Or worse, the state (I’m thinking Alabama here) will make it mandatory for cousins to marry. Or for brothers to marry sisters. Or for humans to marry animals ! Slippery slope.

On gun control. If the state cannot regulate guns, what next. People will be able to carry guns anywhere. Into the mall. Into church. Onto airplanes. Into Congress. And people will be able to carry any kind of weapon. AK-47’s in the front row at Xmas Midnight Mass. The wealthy can afford their own nukes. And children can have guns as well. Playgrounds will become realistic battlegrounds with real bullets instead of pretend ones. And animals ! Do you really want to be confronted by a hungry, armed squirrel. They go nuts. A slippery slope from not allowing reasonable gun control to every felon, child, airline stewardess and nun being armed , locked and loaded. The slippery slope.

Law “A” leads to…well…Law “A”. Nothing more. So, beware of slippery slopes. Throw down some salt on the ice. Tread carefully. In the end, all slippery slope arguments end up leading to a fall. Wear extra padding on your butt and use your common sense.

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Filed under Conservatives, gay rights, gun control, homosexual, logic, slippery slope, Society