Thursday, June 26, 2008

GOING TO THE GARDEN

Getting ready to go to the garden. I actually think the Handmaiden and I have enough food for ourselves this next 9 months but you can't never tell about other folks. A person may have to feed others in the coming times ahead. And that is fine, as long as the food holds out. But while they are getting fed they have to work. "He that won't work, neither shall he eat." That is from the New Testament. In the new day tongue it would be "If the hand is not lifted the mouth is not fed." So maybe we work for others for a while. I can think of worse fates. But the course of events will sort everything out pretty quick. Let things get bad enough and you will have help and help a plenty. And then it will be "Many hands make light work." Another scripture, I think. I have never said this before but the Communist Manifesto was written from the new testiment scriptures, except God was left OUT of the communist writings. They just had to re-word some things to make it all go down aethistic. What a bunch of lame brains.





But group survival will become apparent to most folks as time passes. The loner will fall by the wayside. He builds no village. He contributes not to any furtherance of civilization. He instills no moral values in childen or anyone else. If he got a nugget from beyond the regular understanding of mankind it would be lost, trampled in the dirt of self destruction. No dog can avoid the collective hunt. It takes a nest of some sort to raise the young. It takes an orderized society. We cannot all leave what we are doing and go loot and pillage up and down the coast, for we would lose our children, and our wives. A compromise was seen thousands of years ago in this area. If you want continuity, if you want your children to make it, then you have to have a nest. And having a nest requires a group effort to handle all areas. All men of understanding have come to grips with this issue. It is pretty much settled. "Greater love hath no man than this, that he lay down his life for his friends." It is pretty well marked on the map that you have to look out for your friends. You have no friends? Then you had better get some.





And now I have to stop and go to the garden. The bean plants are calling and the corn needs another shot of fish emulsison. No rest for the wicked. Besides, the Handmaiden is already down there. Can't let HER have all the glory! HAH!

*

Done with gardening for the day. Here is Mike Kemp's anaysis of latest Supreme COurt ruling on firearms. It is not for the faint hearted.




> http://www.scotusblog.com/wp/wp-content/uploads/2008/06/07-290.pdf
> Held:
> 1. The 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.
> Pp. 2­53.


My, my. I have most carefully read the 2nd and nowhere in it do I find
the word 'firearm' or 'gun'. What I find is the word 'arms'. That is
an all-inclusive term. It means anything from a rock in hand to.....
whatever. Any weapon. ANY weapon. ALL weapons. I will point out that
the redcoats of General Gage in Boston were seeking CREW SERVED
WEAPONS-- cannon-- when they made their foray to Concord on April 19,
1775.


> (a) The Amendment's prefatory clause announces a purpose, but
> does not limit or expand the scope of the second part, the operative
> clause. The operative clause's text and history demonstrate that it
> connotes an individual right to keep and bear arms. Pp. 2­22.


...being necessary to the security of a free state-- and what
interferes with a 'free state'? A meddlesome government...
Kindly notice that for all the lawyer talk, all the barnyard byproduct
legalese, the wording used in the 2nd is all positive and 'mandatory'
and inclusive for the citizenry, and precisely the opposite for
government. Government is utterly forbidden any ability to meddle,
while the citizenry is utterly empowered and made free of government
interference.
NECESSARY to the security of a free state....
... the RIGHT of the people--. inherent personal prerogative immune to
government meddling
...to keep and bear ARMS-- no restriction; any and all weaponry
SHALL NOT be infringed-- plain, positive, inclusive. Government, thou shalt not


> (b) The prefatory clause comports with the Court's interpretation
> of the operative clause. The "militia" comprised all males physically
> capable of acting in concert for the common defense. The Antifederal-
> ists feared that the Federal Government would disarm the people in
> order to disable this citizens' militia, enabling a politicized standing
> army or a select militia to rule. The response was to deny Congress
> power to abridge the ancient right of individuals to keep and bear
> arms, so that the ideal of a citizens' militia would be preserved.
> Pp. 22­28.


I suppose they hope that no one notices that this completely
invalidates most of the other 'findings' of the 'opinion'. That is,
(b) above points out that GOVERNMENT is the likely enemy and likely
target of any true employment of the purpose, the 'prefatory clause',
of the Amendment. Now, like a cat having defecated on linoleum, the
'honorable justices' set out to cover that 'inconvenient fact'.


> (c) The Court's interpretation is confirmed by analogous arms-
> bearing rights in state constitutions that preceded and immediately
> followed the Second Amendment. Pp. 28­30.
> (d) The Second Amendment's drafting history, while of dubious
> interpretive worth, reveals three state Second Amendment proposals
> that unequivocally referred to an individual right to bear arms.
> Pp. 30­32.


'Dubious interpretative worth'? They mean, the part where the Founders
clearly meant for the citizens to be armed and capable of overthrowing
the government when necessary?


> (e) Interpretation of the Second Amendment by scholars, courts
> and legislators, from immediately after its ratification through the
> late 19th century also supports the Court's conclusion. Pp. 32­47.


Once upon a time, in the lifetime of my father and grandfather, if you
wanted a weapon-- ANY weapon, ALL weapons, you simply went and bought
it. Artillery, explosives, auto weapons, short barreled anything, it
mattered not. If you wanted it and had the cash (gold and silver
coin), you found a willing seller and bought it. And who gives a bit
of care to what 'scholars, courts, and legislators' think about
something which is declared out of bounds to any restriction? The 2nd,
as written, precludes any and all effort to restrict weaponry or the
citizens' access to weaponry of their choice.


> (f) None of the Court's precedents forecloses the Court's interpre-
> tation. Neither United States v. Cruikshank, 92 U. S. 542, 553, nor
> Presser v. Illinois, 116 U. S. 252, 264­265, refutes the individual-
> rights interpretation. United States v. Miller, 307 U. S. 174, does not
> limit the right to keep and bear arms to militia purposes, but rather
> limits the type of weapon to which the right applies to those used by
> the militia, i.e., those in common use for lawful purposes. Pp. 47­54.


Here comes the barnyard byproduct. Here is the effort to remove and
hide the actual purpose of the 2nd-- that is, to hold a weapon at the
head of government. Here is the effort to 'allow' the criminals of
government to 'define' what 'type' of weapon the criminals are going
to 'allow'. And further, to declare 'for lawful purposes'-- that is,
what government SAYS is 'lawful'... and shooting politicians and their
'enforcers' for attempting to infringe on the 'security' of our 'free
state' will certainly not be considered a 'lawful purpose'. And
certainly not after having 70-odd years to freely restrict citizens'
access and employment of arms of the CITIZENS' choice.
I would ask-- what 'lawful purpose' did the armed citizenry of
Lexington and Concord Massachusetts and their environs pursue? Please
note that the 'lawful government' which would have been providing the
definition of 'lawful purpose' was the object of the exercise-- that
is, the redcoat enforcers of King George III.


> 2. Like most rights, the Second Amendment right is not unlimited.
> It is not a right to keep and carry any weapon whatsoever in any
> manner whatsoever and for whatever purpose: For example, con-
> cealed weapons prohibitions have been upheld under the Amendment
> or state analogues. The Court's opinion should not be taken to cast
> doubt on longstanding prohibitions on the possession of firearms by
> felons and the mentally ill, or laws forbidding the carrying of fire-
> arms in sensitive places such as schools and government buildings, or
> laws imposing conditions and qualifications on the commercial sale of
> arms. Miller's holding that the sorts of weapons protected are those
> "in common use at the time" finds support in the historical tradition
> of prohibiting the carrying of dangerous and unusual weapons.
> Pp. 54­56.


So now they bless and allow 70-odd years of meddling to stand. Piss on
the Court. Whether or not the 'average gun owner' can read their
jumbled up and contradictory statements with comprehension, _I_ can.
And I see this as an unqualified victory for the tyrant. Government
infringement upon our RIGHT is clearly blessed by this 'honorable
court'.
> 3. The handgun ban and the trigger-lock requirement (as applied to
> self-defense) violate the Second Amendment. The District's total ban
> on handgun possession in the home amounts to a prohibition on an
> entire class of "arms" that Americans overwhelmingly choose for the
> lawful purpose of self-defense. Under any of the standards of scru-
> tiny the Court has applied to enumerated constitutional rights, this
> prohibition—in the place where the importance of the lawful defense
> of self, family, and property is most acute—would fail constitutional
> muster.


Do please note that the discussion has wheeled about and now the TRUE
purpose of the 2nd, to guarantee the citizenry the ability to resist
tyranny, is swept under the judicial floor covering of barnyard
byproduct. '(L)awful defense of self, family, and property'
conveniently conceals the fact that the citizens' weaponry is to
RESIST GOVERNMENT TYRANNY.


> Similarly, the requirement that any lawful firearm in the
'lawful firearm'? How does 'right to keep and bear arms' get morphed
into the concept of 'lawful firearm'? The intended target of the
weapons is now given the ability to DEFINE what is a 'lawful weapon'?
They can line up and kiss my unreconstructed rebel ass.


> home be disassembled or bound by a trigger lock makes it impossible
> for citizens to use arms for the core lawful purpose of self-defense and
'Core purpose of self defense'? Only when viewed in the larger sense
of 'self protection against GOVERNMENT'.


> is hence unconstitutional. Because Heller conceded at oral argument
> that the D. C. licensing law is permissible if it is not enforced arbi-
> trarily and capriciously, the Court assumes that a license will satisfy
> his prayer for relief and does not address the licensing requirement.


Oh, how sweet for Unca Sham. They hereby explicitly bless licensing.
And somehow 'shall not be infringed' is made moot. In many, many other
decisions, it is explicitly stated that a right cannot be made subject
to taxation nor licensing IN ANY FORM.
Nice try, black robed whores. Go try to peddle your barnyard byproduct
to someone who cannot see through your legal legerdemain.


> Assuming he is not disqualified from exercising Second Amendment
> rights, the District must permit Heller to register his handgun and
> must issue him a license to carry it in the home. Pp. 56­64.
> 478 F. 3d 370, affirmed.


So THIS is a 'victory' for the RIGHT to KEEP AND BEAR ARMS?
Sorry, folks, I can read plain English, and I know what was just done
to us. And that is, precisely what I have been predicting would
happen, all along.


William Michael Kemp
Liberty, Mississippi


> SCALIA, J., delivered the opinion of the Court, in which ROBERTS,
> C. J., and KENNEDY, THOMAS, and ALITO, JJ., joined. STEVENS, J., filed a
> dissenting opinion, in which SOUTER, GINSBURG, and BREYER, JJ.,
> joined. BREYER, J., filed a dissenting opinion, in which STEVENS,
> SOUTER, and GINSBURG, JJ., joined.

4 comments:

riverwalker said...

Coming together as a group to survive will always be the standard. There will be a rugged few who will stand alone, but who will remember them? They will become a fleeting memory in the minds of those few who knew them. I chose to live on in the memories of my children and my children's chlidren.

Peter N. Glaskowsky said...

Kemp misunderstands.

The Supreme Court is simply the highest court of appeal in the US. It does not exist to analyze or assert general political principles. It rules on the decisions of lower courts.

In Heller, the Court was ruling on DC's general ban on handgun possession at home for self-defense.

Necessarily, then, the Court's opinion focused on handguns kept at home for self-defense.

That's how the Court works. Its rulings never go beyond the issues brought to it. This is a good thing, because it avoids the instability of sudden, broad changes in legal policy.

The Court did NOT uphold NFA'34 or GCA'68 or any other anti-gun law. Nor did it undermine the significance of the other political purposes of the Second Amendment.

These other purposes didn't play a role in the Court's analysis because they have nothing to do with the possession of a handgun in the home for self-defense.

Justice Scalia virtually invited appeals addressing these other purposes, and I believe he made it clear the majority of the Court understands the larger issues involved. In particular, I believe the Court is more than willing to overturn the Miller decision.

I hope we see appropriately clear, well targeted cases brought to clarify the larger purposes of the Second Amendment. Each such case will be narrowly interpreted, just as Heller was, so several cases will be needed to overturn the decades of bad decisions by lower courts and the Supreme Court. But that's just the way the system works.

. png

Staying Alive said...

Peter, I too felt that the court ruled on a narrow context and DID leave substantial room for further lawsuits in favor of the 2nd Amendment. Mike Kemp is a dear friend of mine. His mind is made up that the bearing of arms is a right and that is the end of the matter. I empathize with that feeling very strongly. But I also see the need for more lawsuits and more legal opinion on our rights. But we have enough rights to carry us for a while. There will be a few quick victories for gunners in Chicago and San Farncisco. As long as the anti's lay back for a while, I don't think we will have trouble keeping arms through SHTF. And they ARE going to lay back.

Michael

bama420 said...

I don't have much time, a storm is bearing down. But I do not in the least 'misunderstand' the black robed whore. He made all sorts of nice rhetoric, which amounts to absolutely nothing. The only parts of what he wrote that count have to do with the fact that he states that the Miller decision is not at odds with this Heller decision. And he simply gives Heller over to licensing and registration by the District. And judges do not countenance something they consider unlawful. So... Miller is blessed, licensing and registration is blessed. What we have is another black robed whore who thinks 'shall not be infringed' is subject to interpretation. And if you think that I 'misunderstood', then you have not a clue who I am. William Michael Kemp