Category Archives: elections

Guns

On September 13, 1994, a ten-year ban on assault weapons was signed into law by President Bill Clinton. It had been supported by three former presidents, Gerald Ford, Jimmy Carter and Ronald Reason. The law had a built-in “sunset” provision and was allowed to expire on September 13, 2004, when President George W. Bush was in office.

The so-called Federal Assault Weapons Ban, part of the Violent Crime Control and Law Enforcement Act of 1994, was limited. It included a prohibition on the manufacture for civilian use of certain semi-automatic firearms that were defined as assault weapons as well as certain ammunition magazines that were defined as “large capacity”.

Limited or not, it was too much for the Republicans and the National Rifle Association. Democratic attempts to renew it have failed repeatedly over the years. California Senator Diane Feinstein has led the effort in the Senate. Her bill is pending before the Judiciary Committees in both houses. There have been no hearings.

To be fair, yes, some opinion writers try to be, questions have been raised about the effectiveness of the law, at least during the first few years after it was enacted. And the legal environment for gun control legislation has become more complicated in recent years, in great part due to the Supreme Court’s decision in District of Columbia v. Heller.

This 2008 opinion, decided 5-4 with  Scalia, Roberts, Kennedy, Thomas, and Alito in the majority, held for the first time that the Second Amendment gives private citizens the right to possess an ordinary type of weapon and use it for lawful, historically established purposes such as self-defense even when there is no relationship to a local militia.

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.

Second Amendment, U.S. Constitution

I can go on for hours, and have bored many a person doing so, about how ridiculous and hypocritical the Heller opinion, written by Justice Scalia, is. But I’ll spare you. For now. Suffice it to note the opinion, dangerous though it is, still allows for the possibility that some type of weapons could be banned. One hopes, for example, the Court would allow the prohibition of nuclear bombs in a home arsenal. Still untested however, is a new ban on assault weapons.

But before a new ban can be tested, Congress has to act.

Congress is taking August off.

The Shooters Don’t Wait

On Saturday it appears a single shooter killed 20 people and wounded 26 others at a Walmart in El Paso, Texas. Police say he carried an assault rifle of the type banned by the expired law. He was captured alive by police within minutes.

Dayton Shooting MagazineThirteen hours later another apparently lone gunman opened fire on people in downtown Dayton, Ohio. The gunman wore body armor and also used an “AK” type assault rifle. Police say he carried the “high capacity magazine” pictured on the left. It holds 100 rounds, is designed for rapid fire and would have been banned under the expired law. The gunman was killed by police in less than a minute after he started shooting. In that minute he killed 9 people and wounded at least 27 others.

If only Scalia, who frequently argued that the Constitution has to be understood in terms of what its actual words meant at the time they were written, had limited his individual right to bear arms to those highly inaccurate and slow firing weapons in use at that time. You can’t do much damage with a musket or flintlock.

Even Background Checks Can’t Be Enacted

The House of Representatives passed H.R.8, the Bipartisan Background Checks Act of 2019 on February 27, 2019. The vote was 240 – 190. It is far from perfect. But it does establish new background check requirements for firearm transfers between private parties (i.e., unlicensed individuals). Specifically, it prohibits a firearm transfer between private parties unless a licensed gun dealer, manufacturer, or importer first takes possession of the firearm to conduct a background check.

On March 4, it was “Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 29.” Its fate now rests solely in the hands of Senate Republican Leader Mitch McConnell. It hasn’t been heard from since.

Congress is taking August off.

Most polls show a significant majority of Americans favor limits on high capacity, high speed weapons designed for military use. Most polls show a significant majority of Americans favor background checks.

Congress is taking August off.

Perhaps the solution is for voters to give members of Congress who block these measures a permanent vacation.

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Muller to Barr RE: “Public Confusion”

I didn’t. I really did not want to write about this again. I’ve got several much more interesting things half written that I’d like to finish. But I keep coming back to what is alleged by many to be the most popular quotation in the English language, “The only thing necessary for the triumph of evil is that good men do nothing.” Edmund Burke, John Stuart Mill? For a discussion on the source see quoteinvestigator.

The night before Attorney General William Barr was to testify before the Senate Judiciary Committee, the Washington Post first reported that Special Counsel Robert Mueller had, on March 27th, 2019, sent a letter to Barr characterizing Barr’s four page memo to Congress, dated March 24,

The summary letter the Department sent to Congress and released to the public late in the afternoon of March 24 did not fully capture the context, nature, and substance of this Office’s work and conclusions. We communicated that concern to the Department on the morning of March 25. There is now public confusion about critical aspects of the results of our investigation. This threatens to undermine a central purpose for which the Department appointed the Special Counsel: to assure full public confidence in the outcome of the investigations

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Bill Barr’s Balderdash

I know. In my last post I wrote that Attorney General William Barr is a political hack. But I hoped I was wrong. I really did hope the Mueller Report would reveal that Barr’s four page letter to Congress had been a fair representation, that the Mueller Report would put to rest accusations against Donald Trump and that the nation would get on with its business.

But those hopes were dashed even before Barr released a redacted version of the 448-page report on the Department of Justice web site.  A few hours ahead of the release Barr called a “news conference” to put his own spin, for the third time, on what reporters, members of the public and the Congress had yet to read. Barr’s repetition of the “no collusion,” “no obstruction” company line must have been music to Trump’s ears.

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RE: Barr Memo RE: Meuller Report

I thought we should wait to write about the Mueller Report until we had actually read it. Silly me.

We have now seen an incalculable amount of ink and airtime expended reporting on and analyzing the report by special counsel Robert Mueller into “any links and/or consultation between the Russian government and individuals associated with the campaign of President Donald Trump, and any matters that arose or may arise directly from the investigation.”

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The Name Game

Calling another kid by an unflattering nickname is a habit most of us left on the grade school playground. Of course, Donald Trump is not “most of us.” Donald Trump seems to take a particular delight in coming up with a derogatory nickname for people he is not too fond of. “Crooked Hillary” is just one example.

Some of the people he attacks don’t take the bait and engage him in this fashion. I admire them. I don’t think I would capable of that much self restraint. If a punch in the nose wasn’t an available option, and the guy is of course surrounded by Secrete Service agents, I’d at least resort to the obvious retorts. “Donny Draft Dodger” is a good fit. And “Pussy Grabber” would work for an adult audience.

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Winners. Losers. 2020.

We’ve done it. We’ve survived Election 2018. And of course there are winners, losers, and implications for 2020. A few, in no particular order.

We the People. Tough call here. On the one hand, we won. We decided that an unconstrained government is not a good thing and we restored at least the potential for a check and balance for the next two years by putting the House of Representatives in the hands of a different party. We also turned out in record numbers for a midterm. Can we keep it up?

On the other hand, we proved once again that we are a deeply divided nation. Moderates lost to partisans. The future for bipartisanship seems as bleak as before. Race remains the greatest dividing issue. Even a geography based solution involving the dismemberment of the nation doesn’t seem practical as the divide is between urban and rural residents, not between states or regions. The election of 2018 was decided in the suburbs. 2020 may be decided there too.

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Don’t be suppressed

Someone rings the doorbell right around Jeopardy time, not the best moment to interrupt, and I go downstairs to answer. There are two young men at the door. One carries a clipboard. The other a stack of papers. It is election season and I expect to get a pitch or two but instead am simply asked if I intend to vote. “Yes” I reply and the questioner proceeds to ask if I want to vote by mail. “No” is my answer and he launches into a fervent speech about how much easier it is and how they can help not only by supplying me with a “Vote by Mail” form but also with a ballot I can fill out to cast my vote right then and there. At that all my alarm bells go off and I ask them who they are and who they represent. They quickly cover by saying, “Well, if you’re not interested…” and heading off down the block.

I go back upstairs and rejoin Amy, knowing not to interrupt the sacrosanct Jeopardy-Wheel of Fortune hour until a commercial break, when I give my report. She agrees the encounter was strange but says it was not a big deal. The more I think about it, the more I think it is and hop in the car to see if I can find the young men.

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