Justice Breyer thinks banning guns is allowed under the Second Amendment

He's really stretching for this one:

If you look at the values and the historical record, you will see that the Founding Fathers never intended guns to go unregulated, Supreme Court Justice Stephen Breyer contended Sunday.

Appearing on "Fox News Sunday," Breyer said history stands with the dissenters in the court's decision to overturn a Washington, D.C., handgun ban in the 2008 case "D.C. v. Heller." 

Breyer wrote the dissent and was joined by Justices John Paul Stevens, David H. Souter and Ruth Bader Ginsburg. He said historians would side with him in the case because they have concluded that Founding Father James Madison was more worried that the Constitution may not be ratified than he was about granting individuals the right to bear arms.

To Justice Breyer I would say two things:  First, regardless of what Madison actually thought, he was not the only founder and his is not the only opinion to value.   Second, even if you're right, you cannot reasonably extrapolate that Madison, let alone all of the Founders, would support an outright ban on personal firearms as effectively existed in Washington DC prior to the Heller ruling.

He goes on:

"If you're interested in history, and in this one history was important, then I think you do have to pay attention to the story," Breyer said. "If that was his motive historically, the dissenters were right. And I think more of the historians were with us."

That being the case, and particularly since the Founding Fathers did not foresee how modern day would change individual behavior, government bodies can impose regulations on guns, Breyer concluded.

Do you also agree, then, that "since the Founding Fathers did not forsee how modern day would change individual behavior" that government bodies can impose regulations on speech?  Of course not.  Some would say that this analogy is not valid, but throughout history governments have decreed that certain speech is just as dangerous as a gun.  Of course, first they took away the guns, then they took away the right to speech.  There's a lesson there, methinks.

Quote of the day

Via the Patriot Post.

"More troubling than WikiLeaks' latest revelation of US secrets ... is the Obama administration's weak, wrong-headed and erratic response. Unfortunately, the administration has acted consistently with its demonstrated unwillingness to assert and defend US interests across a wide range of threats, such as Iran and North Korea, which, ironically, the leaked cables amply document. ... His secretary of state does not comprehend that America is the subject of the attack, his department of defense is not interested in defending us, and the president himself seems utterly indifferent to the whole affair. All of this underscores the real problem. It is not WikiLeaks that ultimately imperils our national security, but the failing Obama administration, which ignores the nature and extent of threats we face, and which is too often unwilling to act to thwart them." --former UN ambassador John Bolton

A new record

It's been pretty cold lately here in the Seattle area.

As expected, the temperature dropped to 14 degrees early Wednesday at Sea-Tac Airport, breaking the old record of 16 from 1985.

KING 5 Meteorologist Rich Marriott said temperatures dipped to 9 degrees in Lynnwood, 7 degrees in Parkland and -8 in Ellensberg. Other reported temperatures included Bellingham 18, Tacoma 13, Olympia 16, Vancouver 19, Yakima -11, Moses Lake -17, Spokane -6, Pullman -1.

Al Gore, call your office, if you're willing to stick your head up at all.

TSA Humor

Ah, you *think* they're only jokes....

Via the Patriot Post.

Transportation Security Administration

Submitted

Submitted

Obamacare is so awesome...

that only 111 companies and other organizations have been issued waivers.  So far.  I'm sure the number will increase, but that doesn't mean Obamacare isn't everything Democrats have told us it is, right?

Unsurprisingly, many unions such as SEIU are on that list.

Also unsurprisingly, this information wasn't made readily available.  After all, what we the people don't know won't hurt them....

Quote of the day

Via the Patriot Post.

"While we are constantly being schooled in how insensitive we are to Muslims and how we should be bowing to the idea of a Ground Zero mega-mosque, or are being admonished for not embracing the Sharia, the state of wartime siege continues unabated. The Muslim world is under no such mandate to reach out or reciprocate. They only have to demand, and the West apologizes. ... We live in a constant state of low-grade war. And with each new Muslim attack, we lose a right. We lose a freedom. We have to adhere to some new restriction or loss of privacy. ... The general silence from the mainstream media and our governing officials on last weekend's wholesale slaughter of Christians praying in a Church is indicative of how decayed, empty, and morally inverted our leaders and media have become. The slaughter of the churchgoers in Baghdad was a crime against humanity. And there are thousands of stories of Islamic slaughter, but the lambs remain silent. Have we become so inured to Islamic jihad that human life is cheap to us as well?" --columnist Pamela Geller

Rachel Maddow gets pwned

After Keith Olbermann was suspended (as it turns out, for only two days) for making undisclosed campaign contributions in violation of his employer's policy, Rachel Maddow leapt to his defense with a classic example of tu quoque. Except that it really wasn't. The single example she provided was not that of a Fox News host providing a campaign contribution but rather a clip where a Republican candidate who was a guest on Sean Hannity's show provides the URL for his website and notes that donations can be made:

People can come on our website at KasichforOhio.com, Sunday night at 6:30 we're going to talk about the damage the Obama agenda has done to us and if you have any extra nickels or dimes, please send it our way. KasichforOhio.com.

The implication is that this is equivalent to Hannity making a contribution to Kasich's campaign but it's not.

Still, Maddow thinks this one incident proves that Fox is a political organization whereas MSNBC is not. I wonder just how hard it is for her to reach such a high level of hypocrisy. I wonder if, after seeing the below video, she will provide a "correction" to her statement. Can't say as I'm going to hold my breath waiting for it.



This paragraph from the above linked blog post provides a good summation:

Rachel Maddow’s holier-than-thou smugness is best encapsulated in her claim that on Fox News, hosts allow fundraising for Republican candidates on the air. Ergo Fox is political, MSNBC isn’t. Ms Maddow’s examples of this happening on FNC? A grand total of: one. John Kasich, appearing on Hannity, gave out his website URL and encouraged donations. It’s the only example Maddow gave because it’s the one Media Matters cited. That’s called ‘journalism’.

There may have been a time when Rachel Maddow had journalistic integrity. If so, it's long gone. Watch her for her opinions if you want, but if you trust her to tell the complete truth, you are a fool.

Not really funny

The Patriot Post send the following image in this week's humor email. The problem is, it's not really funny. It's more a serious commentary on religious tolerance. You know those "coexist" stickers you see on many cars, especially in cities like Seattle and San Francisco, the ones where the letters are actually the symbols of various religions and movements? This image does a pretty good job I think of explaining just why such coexistence is currently problematic. Comments?

Rights vs. obligations

The First Amendment guarantees my freedom of speech. However, it does not impose an obligation on anyone to facilitate that speech, nor does it allow me to impose my opinions upon others if they don't want to hear it. In short, if I want to say something, I should get my own damn soap box, namely this blog, and I can't force you to read it.

The so-called Reverend Phelps and his odious Westboro Baptist Church have been pushing the boundaries of this division, and the argument can be made that they have crossed the line. A lawsuit is currently in progress to determine whether or not they have done so. In the meantime, a small town in Missouri have come up with their own solution to this problem.

Hundreds of residents in Weston, Mo. -- as well as people as far away as California and Australia -- rallied in support of Sgt. First Class C.J. Sadell, who died from injuries suffered during a surprise attack in Afghanistan.

The residents sought to block Fred Phelps, leader of the Westboro Baptist Church in Topeka, Kan., and his followers from picketing Sadell’s funeral, according to the station

.
And how did they accomplish it?

"We got everybody here early so we could take up all the parking spots," Rebecca Rooney of Weston, Mo., told Fox4kc.com. "We did that so Mr. Phelps wouldn't have a contingency that was really close."

"I'm glad they left, but I'm sad they came," she said.

Very clever, and quite legal. Nicely done.

How the mighty has fallen

Oh California, you were once the envy of the nation. Now, you're just a laughingstock. I really can't argue with anything said here:

It’s the proverbial morning after and with votes counted, California has won the Dumbest State Award in a historic landslide of monstrous proportions.

All Californians can now see Greece from their bedroom windows. No need to even go to the backyards and crane their little necks.

The author brings up something that has been on my mind since yesterday evening:

...if they keep it up they’re going to face a loud demand from the other 49 for their statehood and immediate, irreversible secession by force.

To my knowledge, there is no provision in the Constitution that allows the United States to kick a state out of the union so I don't think it's currently possible for that to happen. But given that California is almost certainly going to end up completely bankrupt, and will demand the rest of the nation bail out its collective ass, it may be time for an amendment adding such a provision. After yesterday, it could very well pass the House, but probably not the Senate. But that's not the only way an amendment can be proposed. I think it's high time for a good old fashioned Constitutional Convention.

Goodnight America

Well it went about as well as I thought it would. Republicans will have a majority in the House and the Democrats' majority in the Senate has been significantly reduced. Also, do not overlook the importance of Republican gains in governorships and state legislatures which have occurred.

And now it's time to get some sleep. It would be nice if tomorrow I wake up to the news that Patty Murray is coming home. But I'll just have to wait and see how it goes.

How about those initiatives?

Back to the state of Washington for some news on the initiatives that were on the ballot.

First, the good news:

I-1053, which restores the requirements to raise taxes initially imposed by I-960 three years ago, is passing by a large margin. This isn't surprising. We meant it when we passed 960; now the legislature has been told this in no uncertain terms.

I-1098, the income tax on top earners, is going down to a flaming defeat. Let's hope this monster never raises its head again. I wouldn't be surprised if the legislature tries to impose one within the next couple of years, however.

I-1107, which rolls back new taxes on certain food items, is winning handily. I don't care that these items are things like candy and gum, it's the principle of the thing. Good job.

I-1105, one of the initiatives that would privatize liquor sales, is being defeated handily. I ended up voting against this one as I preferred the other initiative that addressed getting the state out of the liquor business.

The not so good news:

I-1082, which would have privatized industrial insurance (i.e. workers' comp), is going down to defeat. I wasn't sure at the time I posted my recommendations but I ended up voting for it.

I-1100, my preferred initiative for privatizing liquor sales, is currently losing but not by much. Currently enough votes from King County, where the initiative was leading, remain to be counted that it could still pass.

Hey Phil, do you care about the Constitution now?

Phil Hare, soon to be former Representative from Illinois, is the one who once said he didn't care about the Constitution.

I bet he's really regretting his words now.

Will they steal it from Dino a third time?

The Senate race between Democrat Senator Patty Murray and Republican challenger Dino Rossi is still too close to call given that Washington State votes mostly by mail. This one could drag on for several days, maybe even longer. Depending on the outcome of other Senate races throughout the country, control of the Senate may end up depending on how this one turns out. Even if there's no doubt that Democrats will retain a majority, it will be close enough to even that one seat will still make a big difference.

I believe Dino Rossi had the 2004 gubernatorial election flat out stolen by the Democrats. When he lost again in 2008 it was by a larger margin though I suspect there was still fraud. I can't say whether it made the difference that time but I'm certainly not ruling it out completely.

Given the importance of this election and this particular race, I expect Democrats to pull out all the stops in an effort to ensure Murray returns to the Senate. Let's hope that any shenanigans that do take place are uncovered in a timely manner.

Really, California?

It looks like California is sending Governor Moonbeam back to the executive mansion. Unbelievable. My lovely wife informs me that he was effectively running on the statement that, when he was governor, California had a balanced budget. That may be but the state legislature would have been most responsible for that.

Seven beautiful words...

Fox News is now projecting that Republicans will gain control of the House of Representatives and gain about 60 seats. We figured this would happen but it's now become more and more likely that soon we'll hear those seven beautiful words....

Former Speaker of the House Nancy Pelosi.

I get goose bumps just typing it.

Now the fun really begins

It's after 5:00 here on the West Coast which means polls in the East are closed or will close soon.

The one race I'll note at this time is the Senate race in Connecticut between Democrat Richard Blumenthal, who exaggerated his military service, and Republican Linda McMahon who, along with her husband, built a wildly successful business. Fox News is projecting Blumenthal to be the winner but the number of votes counted is still a small percentage of the total. I'm going to wait and see on this one.

What the Tea Party believes: Part 4

The latest in Bill Whittle's "Firewall" series defines and explores the difference between political law and natural law. In the course of this presentation he also succinctly describes the real reason why the recession continues. Hint: It's not Bush's fault.

This election is likely the most important one that has occurred within my lifetime. I've already voted by mail. I urge all of you to get out and vote your conscience, though if your conscience tells you to vote for so called "progressive" candidates, increased debt, increased government, higher unemployment, continued economic stagnation, and ultimately less freedom, then I suggest you review these videos and reconsider whether you're as wise as you think you are.

Part 4: Natural Law

What it's really about

Jeffrey Goldberg's post at The Atlantic is short, which means I'll be including most of it here.

More on this later, but the only surprising aspect  -- and obviously this is a pleasantly surprising aspect -- of the attempt to mail-bomb two Chicago-area synagogues is that the bombs were discovered so far from Chicago, one in Dubai and one in England.

Read the whole post for what he finds unsurprising. The last couple of sentences are the kicker, though, and state a clear fact that so many just don't seem to understand:

...there are many people out there who believe that al Qaeda and its fellow travelers are angry over settlements. They are not. They are angry over the continued existence of Jews.

Quotes of the Day

 Via the Patriot Post.

The Foundation

"[I]f the citizens neglect their duty and place unprincipled men in office, the government will soon be corrupted." --Noah Webster

Liberty

"Most people whom we elect to Congress are either ignorant of, have contempt for or are just plain stupid about the United States Constitution. ... Here, in part, is the oath of office that each congressman takes: 'I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same....' Here's my question to you: If one takes an oath to uphold and defend, and bear true faith and allegiance to the Constitution, at the minimum, shouldn't he know what he's supposed to uphold, defend and be faithful to? If congressmen, judges, the president and other government officials were merely ignorant of our Constitution, there'd be hope -- ignorance is curable through education. These people in Washington see themselves as our betters and rulers. They have contempt for the limits our Constitution places on the federal government envisioned by James Madison, the father of our Constitution, who explained in the Federalist Paper 45: 'The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce. ... The powers reserved to the several States will extend to all the objects which in the ordinary course of affairs, concern the lives and liberties, and properties of the people, and the internal order, improvement and prosperity of the State.'" --economist Walter E. Williams

 

Equal justice for all

Rob McKenna, a Republican, is the Washington State Attorney General. He has been vilified by many, some of whom I know personally, for daring - daring - to join the multi-state lawsuit challenging the constitutionality of the Patient Protection and Affordable Care Act. He has been accused of doing so solely for partisan reasons. Well, if he's so partisan, how come he's doing this?

Attorney General Rob McKenna sued a Seattle political consultant Friday, alleging the firm deliberately concealed the source of money used in its campaign to oust state Sen. Jean Berkey, D- Everett, in the primary.

The eight-page lawsuit against Lisa MacLean and her firm, Moxie Media, contends she “acted to conceal the true participants” behind the mailers and phone calls opposing Berkey and supporting a conservative Republican opponent.

Consider, if you will, what would likely happen were this to occur in New York State. The Attorney General there is Andrew Cuomo, a Democrat. Do you think he would take the same action? I can't say with certainty that he wouldn't, but I highly doubt he would.

Rob McKenna is suing over so-called ObamaCare because it's the right thing to do. And he's suing over the fraud in this election for the same reason. He will continue to receive my vote for this or any other office as long as he continues to demonstrate this quality.

A skeptic, not a denier

Warren Meyer, writing for Forbes, provides the most cogent explanation I've yet seen for why many of us are skeptical regarding anthropogenic global warming, or AGW. He outlines a very important distinction between being skeptical that any sort of climate change is occurring, and being skeptical that we are heading for some sort of global climate disaster.

It is important to begin by emphasizing that few skeptics doubt or deny that carbon dioxide (CO2) is a greenhouse gas or that it and other greenhouse gasses (water vapor being the most important) help to warm the surface of the Earth. Further, few skeptics deny that man is probably contributing to higher CO2 levels through his burning of fossil fuels, though remember we are talking about a maximum total change in atmospheric CO2 concentration due to man of about 0.01% over the last 100 years.

What skeptics deny is the catastrophe, the notion that man’s incremental contributions to CO2 levels will create catastrophic warming and wildly adverse climate changes. To understand the skeptic’s position requires understanding something about the alarmists’ case that is seldom discussed in the press: the theory of catastrophic man-made global warming is actually comprised of two separate, linked theories, of which only the first is frequently discussed in the media.

The first theory is that a doubling of atmospheric CO2 levels (approximately what we might see under the more extreme emission assumptions for the next century) will lead to about a degree Celsius of warming. Though some quibble over the number – it might be a half degree, it might be a degree and a half – most skeptics, alarmists and even the UN’s IPCC are roughly in agreement on this fact.

But one degree due to the all the CO2 emissions we might see over the next century is hardly a catastrophe. The catastrophe, then, comes from the second theory, that the climate is dominated by positive feedbacks (basically acceleration factors) that multiply the warming from CO2 many fold. Thus one degree of warming from the greenhouse gas effect of CO2 might be multiplied to five or eight or even more degrees.

Back in my college days, I took a class on systems of linear differential equations. I've long since forgotten the details but one of the practical applications was to model systems. The solution of a system of linear differential equations was an equation whose graph depended on starting conditions. For modeling systems, the horizontal coordinate was usually time and the vertical coordinate was some value such as population. Generally, these fell into two types. The first was a convergent solution. Different starting conditions would produce graphs that, as the value for time increased, would converge to a specific value.

The second was a divergent solution. If the starting conditions were altered, then the graphs would diverge away from the value. For example, if the starting condition was low enough, the graph could plunge toward zero. If it was high enough, it could skyrocket toward infinity. Let's say that the system modeled the population of a particular species. If the starting value was too low, the population wouldn't be self-sustaining and would die out. Too high, and overpopulation would occur.

The essence of the final paragraph of the excerpt above is that the second theory predicts a divergent solution; in this case the vertical coordinate is temperature. Adding CO2 artificially alters the starting condition of the graph which skyrockets to a high temperature value. Skeptics, based on historical analysis of temperatures and other factors, think it much more likely that the solution is convergent, or at least not fully divergent.

My thoughts on the Juan Williams affair

When even Whoopi Goldberg says NPR was wrong to fire Juan Williams, you know a line has been crossed.

I believe a private company or other employer should be able to choose who it wants to work for it. If an employee is acting against the best interests of the employer, then the employer should be able to terminate that employee.

However, NPR, and by extension its parent the Corporation for Public Broadcasting, is not a private company. A small but non-zero percentage of its operating costs are paid for by the federal government; in other words, the taxpayers. Us. The argument can legitimately be made that it should be held to a different standard.

In my opinion, the answer is simple. The federal government should do what many have called on it to do and stop funding the CPB in any way. Let it compete on its own merits as a corporation completely separate from government. Let it, with its clear liberal bias, try to do better than Air America did without me having to support it. Then, it can decide who should work for it or not as it sees fit.

What the Tea Party really believes

It really is very simple. I know many of you are afraid of the "racist," and "extreme Right Wing" Tea Party but that just means you've been watching too much Keith Olbermann and Rachel Maddow. Bill Whittle, who excels at explaining simple concepts so that even the elite intelligentsia can understand them, is producing a series of videos which lay out just what the Tea Party is all about. At this time, he has three available. I've embedded them below. As I become aware of any more, I'll post links to them here. You can also find them at Bill's YouTube Channel.

Part 1: Small Government and Free Enterprise


Part 2: The Problem with Elitism


Part 3: Wealth Creation

Review of the 2011 Chevrolet Volt

Gary Gastelu reviews the new Chevrolet Volt for Fox News.  Short form: It's a good car that performs well.  If you drive it correctly, you will save considerably on operation costs vs. the Toyota Prius, although it does cost quite a bit more to purchase.

Something to note is that the way the drivetrain works is not actually what I originally heard.  My original understanding was that the internal combustion engine was not mechanically coupled to the wheels in any way.  It only served to run a generator which fed electricity into the electric drive system when the batteries drained to a certain point.  However, according to the review, the IC engine actually does have a mechanical coupling to the wheels which engages under certain circumstances.

In brief, the Volt’s powertrain has three main components: a main electric motor, a smaller electric motor/generator, and the engine. All of which are connected by a series of clutches and a planetary gearbox that takes the place of a traditional transmission. But, unlike grief, there are four stages that the Volt goes through while you’re driving it.

Start off with a full charge and the motor moves the Volt, getting an assist from the otherwise idle motor/generator from time to time under certain conditions. Deplete your battery, and the gasoline engine kicks in, coupling to the motor/generator to create electricity and, under similar certain conditions, send some mechanical torque through the gearbox to help propel the car.

Fear and Loathing in the White House

Because the thought that Americans are about to make a rational decision in a couple weeks is simply unfathomable, it must be because of fear:

In his remarks at a Democratic fundraiser in Massachusetts Saturday evening, President Barack Obama said that Americans’ fear and frustration” are to blame for an intensely competitive midterm election season favoring Republican candidates.
 
“Part of the reason that our politics seems so tough right now and facts and science and argument does not seem to be winning the day all the time is because we‘re hardwired not to always think clearly when we’re scared,” Obama said Saturday evening in remarks at a small Democratic fundraiser Saturday evening. “And the country’s scared.”

Obama told the several dozen donors that he was offering them his “view from the Oval Office.” According to Politico, Obama blamed the economic downturn for Americans’ inability to “think clearly” and said the burden is on Democrats “to break through the fear and the frustration people are feeling.

On the contrary, Mr. President, it is precisely because many Americans have regained the ability to "think clearly" that Republicans are predicted to make large gains.  Once again we see the arrogance and elitism break through the mask (which was never very thick to begin with).  Anyone who opposes the policies of higher taxes, increased useless spending, and greater dependence on Government is obviously not thinking straight.

My recommendations for the 2010 Washington State Initiatives

Here is how I intend to vote on the slate of initiatives that will appear on the Washington State 2010 general election ballot and a brief explanation why.

Initiative 1053: Yes
In 2007, the voters of Washington passed I-960 which made it more difficult for the legislature to raise taxes. To do so required either a two-thirds majority in the State House and Senate, or a simple majority in both houses followed by a simple majority of the people. In Washington, an Initiative can be overridden after two years by a simple majority of both houses. This happened earlier this year which came as no surprise given Democrats hold majorities in both houses.

I-1053 will undo that override and restore those requirements. In today's economy, everyone has to tighten their belts, I know I sure have. The state government is no exception.

Initiative 1082: Leaning Yes
Supporters note that what 1082 allows is already in place in 46 other states. Also, I believe that increasing the role of the market in just about anything is a good idea. I'm going to research this one some more just to make sure but at this time I'm probably going to vote yes on 1082.

Initiative 1098: No, Hell No
Washington already has a high state sales tax. This would be an additional tax on top of it. I understand that income taxes have advantages and disadvantages when compared to a sales tax. If an income tax were to be implemented, it should be accompanied by an elimination of the state sales tax. But that's a discussion for another day.

Some of you may respond, "Yeah, but this income tax only affects rich individuals making over $200,000 per year and couples making over $400,000 per year." At first, yes, this will be the case. However, once the income tax is on the books, eventually the legislature (assuming continued Democrat control, and perhaps even if not) will decide that revenue isn't sufficient and will lower that minimum. Eventually, it will be extended to everyone (though I expect there will still be a minimum based on the poverty level). If you don't think this will happen, you are, quite frankly, a fool.

Initiative 1100: Yes
Initiative 1105: Probably No
Quite simply, the state should not be in the retail business. Period. Both of these initiatives get the state out of the liquor selling business. Based on my understanding, how 1100 does it is a bit simpler. It also appears to favor the retailers whereas 1105 favors liquor distributors. Either of them is preferable to the current system but at this time I'm going with 1100.

Initiative 1107: Yes
It will repeal sales tax changes that the legislature made earlier this year. Even though the items the new taxes applied to, namely candy, soda, and bottled water, are items that are not necessary it's still a new tax and it will have a deleterious effect on the economy. The taxes on soda and bottled water are supposedly temporary but you know they probably won't be. Again, the state must learn to live within its means just like the rest of us.

Well it's that time again

The November election is weeks away so I'm going to dust off this blog and try to post more-or-less regularly as we approach zero-hour and then beyond. Maybe I'll even succeed.