Tagged: law

Two Thoughts For To-day

First, I want, for posterity, to include content from an email to a friend. It’s about the second amendment and Bruen opinion. I know the email will never be deleted, but this is easier to find and I like the compact way I developed my thoughts.

My full attention response to your statement of the crux of the matter is as follows: by virtue of it being in English and law in a political State, the Second Amendment means something. Rather, it meant something. And by meaning something, there are things it didn’t mean. It had nothing to do with SpaceX, for example. Or vehicles in general. The rub is not “regulation”. The rub is “what did it mean?”

To be clear, I’d even be fine with deciding it is unintelligible and we’ve been fools for two centuries-plus for treating it like it had meaning.

****

My feeling on the passing scene is the Left will always insert straw men (“it’s about safety” or “it’s about how far does the second amendment limit regulation”) because the most plain meaning of the words (if there is any meaning at all) is, “Citizens ought be able to instill fear in the hearts of seeming attackers AND, if attacked, connect the remaining space between threat and action with certain death.” And the Left will never admit this paraphrastic or philosophical meaning because they are the attacker.

There’s no sweet spot, D-. There’s meaning. Should citizens be able to make this connection between threat and action or not? What do we believe? I say absolutely. And I mean this regardless of whether there is a second amendment, regardless which country I am in. I believe the best political philosophy on weapons is citizens must bear them. Did the second amendment teach me this? It doesn’t matter. Does the second amendment mean this? I believe it does. And part of the reason I do is that these men were revolutionaries themselves. Had they not had weapons, they wouldn’t have founded anything. By way of analogy, a mathematician who denied numbers are useful to his profession would be the same as a Founder meaning otherwise than I believe he did by the words of the second amendment.

****

Random slaughter? That’s also not a concept in the sense that you meant—unless the holocaust and all the major atrocities of people with guns against people without guns are included. In church world we say, “The Gospel levels the field.” In the same sense, so do guns. We’re all sinners. We’re all possible victims—and we ALL should be. No man, not the government, not “you or anyone else” gets through this lifetime without fear of attack.

****

That’s the email content and first thought for today.

Second, I want to say that I love hearing from people who I disagree with. In this case, I have been doing my best to understand the “women will be hurt” argument on the Pro-Choice side of things.

So far as I can understand it, in the end, the argument doesn’t really mean “women”. By “women” they really mean “children”. No, I don’t believe they mean “female people under the age of 18 will be hurt.” Instead, I believe that the “person” they mean by “women”, in the sense they employ, has not yet achieved adult status.

Adults have to make decisions. “Should I live here or there?” “Should I date this person or that?” “Should I rust out or wear out?” “My primary circumstances have changed, how does that affect my next decisions?” These are inescapably adult decisions.

“I want my way here and now, there and now, and now and forever—without consequence”, that’s a child. That’s a child, no matter the age, no matter the sex.

I believe this is a wise assessment. But I also believe it furthers the conversation in a good way by providing something meaningful to respond to. So if you disagree with the big overturn or how I have characterized this “women will be hurt” part of your stance, and if you enjoy conversation, then please comment below. I’d love to hear how I’m misunderstanding things.

Not Quite Able To Finish Today

I’m close. Page 108ish, I want to say. I was trying to make it to the end of the Bruen opinion and dissent, but my eyes are closing. All I want to capture in this blog post is that the dissent, as you may have heard in a summary article already, spends great effort to declare the following, “Guns are for killing people.”

Isn’t that what I just said the other day? And in, like, five words?

Man, I feel like how genius’s must feel.

Justice Breyer gives out, in a belabored manner, all the statistics which show that locations with many guns also have many gunshot deaths. OMG. Really?!

Next someone is going to take time to state that snow-capped mountainous regions have more downhill skiing, oceans have more ships, and racetracks have more racecars.

Why stop there? Women have more babies. Men have more penises. And children are short. That’s a sock-knocker-offer.

Then there’s the fact that airports have more air traffic than restaurants.

What else?

Basketball courts see more running than bowling alleys.

Justice Breyer says the issue is whether the Second Amendment can allow states to regulate gun ownership, but then he proceeds to argue that guns are for killing people.

Snark aside, there is plenty of interesting nuance in the document, but as a super poignant summary, back in Heller, Justice Scalia defined “Militia”. Now in Bruen Justice Thomas used his opinion to define “Right”, and in Bruen, Justice Breyer defines “Ends” or “Purpose”.

Good work, Justice Breyer. Now if we could only hear how that relates to the concept of a “right”, I’d be all ears.

An Example of Tuesday’s Post

The Twin Cities have announced that January 19th begins a new rule for restaurants. On that day you gotta provide proof of vaccination or negative test from last 72 hrs in order to receive service.

It’s being decreed by Mayors, as it is only for the two cities (and mayors are kings of political units called “cities”…)

So now what? Who do the folks affected seek relief from? Another government official? Say, the governor? I doubt that would result in the desired relief.

The politicians are backed by doctors.

So to whom do we petition as we seek relief?

A judge?

Peter Drucker handily explains in his tome on management that the reason written, or even spoken, propaganda never actually works is that eventually people lose faith/ignore it. He suggests that there is just something inmate in us that recognizes the difference between experiences and false descriptions of experiences. “You’re happy! Believe me!”

I can tell you that even 6th grade boys know whether they really beat me in a game of basketball, or whether I threw it.

In any case, this new situation in the Twin Cities is just another example of the definitive reason we can’t stop talking about the pandemic. Who can be called upon to provide relief?

The Two Sides of the Debate, As I See It

Side A: More gun control in some form or fashion.

Side B: The only gun control they’ll respect is repealing the 2nd Amendment–but then they’ll secede.

Sounds crazy, no?

Whether crazy or not, that Side A must advocate nothing less than ‘repeal’ is so obvious to me that I cannot see any other way. I almost want to lead the charge to repeal just to show them how it is done. Isn’t that what Side A wants? If not, if you’re on Side A, please do explain why you don’t want to repeal. I cannot understand how anything less than a repeal accomplishes what you want.

As a reminder, here is the opening of the Declaration of Independence:

When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

Ideas, Ideas

I am nearing a fairly big transition in life. I’ll be finished taking courses and moving on to whatever comes next. But I must confess, besides conversation, I do love thinking. As most of you witnessed, these shootings and our apparently resultant inability to calmly discuss them have set my mind ablaze. One conclusion I have drawn is that perhaps books are the way forward. If we need time to calm down, perhaps we can put our thoughts on paper, and then share them with each other and let each other digest them at our own pace. Perhaps.

My book will be called, “In Time of Peace: How Splitting the Atom Erased the Founder’s Words.” Or some such thing which explores whether my hunch is right that those men lived in a world with a different sense of up and down.

But I have other ideas too. What I don’t have is time to research them all. So, I want to share them with you and see if I get any bites. Of the following topics which intrigue me, do you any find intriguing?

First up – I do not believe the Hebrew or Greek texts of the Bible use any symbols whatsoever. It is generally accepted that they do not have punctuation. It is accepted that they do not contain arabic numerals–that’s seven hundred years later. But they also do not contain Hebrew or Greek numerals either when they mention numbers (IE – they always spell out the word o-n-e, and never put 1 or I or the equivalent). But in the Greek, there is a subscript iota on some omegas, which most scholars do not care to suggest was vocalized. I propose that the omega with the subscript iota was, in fact, uniquely vocalized, and not just in the Bible of course, but in all the written Greek texts of that era–but I need to do more research. (My overall point is that I believe the entire Bible was spoken out loud and that we can confirm this fact by demonstrating that the way the written languages worked back then–different from English today–was to try to capture the sounds with ink. (IE – We don’t vocalize punctuation–well Victor Borge does.) Maybe this one is just me. But I’ve long wondered, as I’ve heard many of you wonder, why everything happened back when it happened and I think I’ve stumbled upon one way to satisfactorily answer that curiosity.)

Next – I have a research comedy in me. I want to admit that I know nothing about women and that this bothers me. So, instead of getting to know you all in person, I devise a plan to use all my newfound library skills to research what “women” are by analyzing how they are represented in the best sellers of the years 2012-2016. I’m thinking I’ll determine which are the 25 best selling books of those five years–regardless the genre–and then analyze the female characters’ speech, actions, and descriptions of them in order to see if I can figure you all out.

Next – I want to philosophically explore the effect of literacy on community. The more I’ve read, the more I’ve withdrawn. I am not the only one who’s been affected in a such a way by the written word. The disjoint comes when I admit that the Bible is really in favor of listening to those in my community as well as observing nature, so I feel like my reading is limiting what the LORD has to say to me. This is troubling.

One more – I have observed at my black church that they use the word “survive” a lot. At first I didn’t think anything of it, but as H- gets older, I kind of squirm in my seat when I hear the adults teach, “You’ve got to survive.” No one ever taught me to merely survive. They taught me to thrive. And to be frank, I’ve always loved the Air Force’s simple slogan, “Aim High.” So I think there is merit to using my cross-cultural experiences to draw out that cultures are different down to their core teachings. And I think that we whites need to listen better, because we do do some things better than other cultures, and yet, YET, the way forward is not simple, not by a long shot. (The answer I’ve received upon stating this difference is, “Well, you’re not black. It’s different for you than us.”) Even suggesting that I think whites do something better makes me sound bigoted–which I am not. But I do mean that teaching children to thrive is about something different than setting up false expectations. Ultimately, however, the only way to get there is together.

You in?

He Read the Wrong Heller

That’s what you’re thinking, isn’t it? After you read my amendment proposal, you thought I misunderstood what I was supposed to read. You’re saying, “His friend clearly suggested the supreme court case involving Heller, then he goes and tracks down Joseph Heller’s classic Catch-22. Moron.”

Trouble is, I have read Catch-22, but, in fact, I have also read the opinions behind the latest second amendment decision of our highest court. And yes, I still maintain that my proposed amendment is both the solution to the issue and at the same time draws out the actual issue that has been raised by the school shootings of the recent past.

I previously wrote that I believe the school shootings raise the issue of whether the atom bombs dropped in WWII have fundamentally and irrevocably altered life. In other words, I believe it is time to fully address that life is not the same as it was before the bombs. The Law now wrangles a different sort of chaos. (One easy example that comes to mind is how jumping on an atom bomb does nothing for our friends–unlike stepping in front of a bullet or jumping on a grenade etc. Even Christ’s, “Greater love hath no man than this, that a man lay down his life for his friends,” must needs be seen in new light.)

Another way I could have put my belief, perhaps an easier to understand way, is that since officially ending WWII we have not declared war according to our law–the U.S. Constitution–and I wonder, “Is this because we believe we are forevermore in time of war?”

In my thought experiment wherein I’m pretending to interpret the ratified then challenged Amendment XXVIII’s language of, “In time of peace, arms shall no longer be secured by the people,” I see that the most difficult part to interpret, and the most essential, is the “in time of peace.” I believe we would find that when the founders used the phrase in the third amendment, they meant there was distinction between time of war and time of peace.

Do we?

I look around and conclude, “No. No we don’t. We do not believe in the distinction.” And by my thinking, no distinction means we believe that we are in time of war.

But I’m a veteran. Not just any veteran, a veteran officer. My oath is lifelong, regardless the source of my income. So I can’t help but see war, no different than hammers can’t help but see objects to strike. But you? You’re not a veteran.

What do you see? What do you believe?

Upon Review, My Wording Was Too Moses, Not Enough Jefferson

Rise and shine, Marchers! Have your dainty feet had time to heal? Must’ve been an excruciatingly tiresome week, what with such a physically demanding event last weekend. The sacrifice! You probably forgot to carbo load ahead of time, too. Darn it all! There’s always next time. When is it? I hear the next walkout is April 20th? Shh, come closer. Did you hear that that is Hitler’s birthday, too? Hopefully people won’t think you’re celebrating, ughh. Oh, how many steps did you log? That’ll help with your HSA incentives. (Yes, the jogging in place counts.) The celebratory ice cream probably went down with less guilt, didn’t it? I mean, you really made a difference, don’t you think? I feel safer, that’s for sure. And it’s all because of you.

From within the clouds at the top of Sinai, then, seeking clearance for a full-stop landing, having read in full and considered the District of Columbia v. Heller, 554 U.S. 570 (2008), and borrowing some language from the repealed Amendment XVIII, I offer this revision for consideration.

Amendment XXVIII

Article I – After one year from the ratification of this article, in time of peace, arms shall no longer be secured by the people.

Article II – The Congress and the several states shall have concurrent power to enforce this article by appropriate legislation.

Article III –  This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several states, as provided in the Constitution, within seven years from the date of the submission hereof to the states by the Congress.

****

My question is, “Do you understand how I can competently reason that the first article of my proposed amendment does not contravene the second amendment (especially as it was interpreted in the Court’s most recent opinion on the amendment as indicated in the Heller opinion)?”

(I’m not interested in whether you agree with it or think it would ever be ratified. I’m interested in holding a conversation which assumes the amendment’s ratification, and subsequent challenge, and then we’re SCOTUS justices. You know, thought experiment style.)

****

Additionally, regarding late Justice Scalia–I do not think he would turn in his grave. My amendment in no way indicates that the right which is not to be infringed in the second amendment is “linked to or conditioned by serving in a militia.” What have I said that makes you draw that connection?

Amendment XXVIII: In Time of Peace, Arms Shall No Longer Be Secured By the People.

It’s Friday. I have the day off, and I need to get back to my study of the ancient people of Ugarit and their wedgy language. Before I do, I want to formally share my thoughts on the school shootings. I believe they are worth repeating.

I believe the school shootings, beginning when I was a senior in high school and continuing to this day, raise the issue of whether man’s creation and use of two atomic bombs has fundamentally altered the status of arms in the United States of America.

To understand how I can see this as the issue raised by school shootings requires me to explain that I believe the natural state of man is chaos. I believe that the manner with which we take a break from the chaos is “the law.” I believe that “the law” is the act of giving up freedom in order to obtain freedom. Philosophically, I believe the U.S. Constitution without the Bill of Rights (of course this document is not real–this is merely philosophical discussion) is “the law.” I believe the similarly-standing-alone-for-philosophical-explanation-only Bill of Rights is the rebuttal which declares preference for life in the pre-law, chaotic, and natural state of man in certain particular areas of life–being in our specific case: arms. Kind of a two-sides of the same coin thing, which itself manifests to the rest of the world the proud and distinct self-understanding of our people.

So that’s what I believe to be the issue raised by the shootings.

Here you’ll see again my solution to this issue, the real issue, the only issue, the issue that you have been up to now unable to say or write because you do not think for yourself, which is to add (second amendment stays) the following amendment to the U.S. Constitution, “Amendment XXVIII: In time of peace, Arms shall no longer be secured by the people.”

Hey Weekend Marchers! I Hereby Challenge Your Character…

…by asking you to have the courage to be wrong. Wrong about what? Wrong about my beliefs. I challenge you to state what I believe to be the issue. That is, state what someone who does not think that your foolish-if-fashionable footsteps are moving forward anything or anyone but your own body believes to be the issue.

Think you have the character to do this? I don’t think you do.

I think you’re chicken, the whole lot of you.

But I’m giving you the opportunity to prove me wrong. What have you got to lose? Certainly not any more tear-stained poster-board. So give it a shot and comment below. I dare ya. (Or write your own post and give me the link.)

****

I spent most of yesterday in an abundantly enjoyable conversation with one of your hopeful souls (his name is also Pete), and yet at the end, he still could only express confusion at what I believe to be the issue. (See the entire conversation here.)

I ably described the issue raised by school shootings as I see it, and I ably described the issue raised by school shootings as he saw it. By the end, he confirmed that I “sort of” saw his side. But he never demonstrated that he understood mine–nor did he really indicate that he cared to. Trouble is, I knew that I knew his side before the whole conversation started. (I knew ’cause I have been listening to you!)

But it gets worse. He is not the only one of you stomping spirits who do not seem to be able to simply state what I (and my pals) believe to be the issue.

Remember, all I want is to be assured that you possess some level of discernment. Here’s your chance to prove to me that you understand where we disagree. For assistance, links to recent posts which vary in length, breadth, and depth and whose contents contain writing which my pals generally agree I am clearly making a case in opposition to you are here, here, here, here, and here.

Clues (or beliefs which I do not hold): I do not believe the issue to be gun violence. I do not believe the issue to be bump stocks or AR-15s. I do not believe the issue to be the interpretation of the meaning of the second amendment or any of its words. I do not believe the issue will be solved by more guns. I do not believe the issue will be solved by less guns. And unlike you I do not believe the issue will be solved by stricter gun laws.

But I do believe the school shootings raise an important issue.

Can you state, in your own words, what I believe to be the issue that they raise? Remember! If you bravely accept my challenge to defend your character, YOU MAY BE WRONG–about me. Scary.

I Love Conversation

My good friend and I are trying to civilly gain some understanding of each other’s opposed views which have surfaced alongside this whole “March for Our Lives” thing. If you didn’t see, he left a much-welcomed and presumably expensive comment on yesterday’s post.

We belong to the same Toastmaster’s club, having serendipitously met there some six years ago. Tomorrow morning after the meeting we both have time to chat. In order to make the short time we have most fruitful, I wanted to respond to his thoughts here. I also cannot deny that I think our back-and-forth is the best one on the internet at the moment. Enjoy!

To begin, a word of caution. Please, please do not hear my assertions in the tone of, “I am god.” Instead, here me say, “This is how I see it.” We clearly disagree on many things; I am aware of this. Even after your thorough comment though, I am not sure you understand how I see it. My reasons for not being sure include that you didn’t say, “Well, Pete, we’re coming at this from two totally different angles. You’re taking a more philosophical approach, and I’m operating within the practical, legal approach. I’m also not even sure we are addressing the same problem.” Or some such thing. Maybe that’s what you do think. Time will tell.

That said, to be as clear as I can be, for me (and the status quo which I portend to represent) the issue is not gun violence. Moreover, I don’t think stating this makes me incompetent or ignorant or any other unbecoming trait. Nor do I think anything you have written marks you in such a way.

When I write, “I want these shootings to stop too,” I do not have in mind that I would prefer the violence to be committed by some other weaponry. More specifically, I guess I could have said, “I want the instances of unarmed, unprepared, and unsuspecting deaths of any size group of Americans (or any folks standing on American soil) who are attempting to better themselves to stop.”

It’s intriguing to discover that I fight my seminary professors’ views on the Bible for the same reason that I debate you about the second amendment.

While I am happy to see such a thought-out defense of some position on an issue that it would include taking into consideration grammar conventions of the late eighteenth century, I would never go that route. I would never go that route for the foremost reason that grammar conventions are nothing more than completely baseless speculations, unless you can show me that the writers included a legend or key of some sort–in which case the very conventions you highlight are no longer unfounded and speculative conventions but actual fact.

If the Constitution (icapitalizedtheenglishlettercatthebeginningofthewordconstitutiontoindicateimeanamericas), if the Constitution included some sort of definition of terms similar to what you wrote, then I have no way to disagree with what you wrote about the value of capitalization in interpretation. (And perhaps they did, though I have not ever heard of that section). If they did not, then I, and everyone with my point of view, am free to say, “I’m sorry, friend, but people do not live or die because of capital letters, and neither did the founders want us to think they thought so.”

Words matter, not their shape on paper.

Additionally, when I say, “the amendment,” I do not meant to claim that I know what the second amendment means in the sense with which you shared in your self-declared legal opinion. Besides what I wrote in that post, I believe that (philosophically) the law is the act of people giving up their rights in order to be free. With the so-called Bill of Rights, and specifically the second amendment, I believe we have, within the law and as one particular law, some one designated arena which the law is not–that being arms. In other words, I believe that in the act of people giving up their rights in order to be free, the second amendment declares that when it comes to arms, the law has no place. Put another way, I believe that the second amendment (along with the other amendments in the Bill of Rights) declares (both philosophically and actually) that there are some rights which if given up do not beget freedom.

The beautiful part of the Constitution, and by beautiful I mean spectacular, is that it provides for change. And here is the pay dirt.

The founders lived in a pre-hyrdogen bomb world. Yesterday former Supreme Court Justice John Paul Stevens advocated repealing the second amendment in a NY Times op-ed piece which featured an image of a musket juxtaposed against an AR-15. Ultimately the ex-Justice and I see the same reality. But he did not make the not the proper comparison. The proper comparison would have been that of the most destructive weapon of 1791 and the most destructive weapon of 2018. I’m imagining an image of a cannon vs. a mushroom cloud. One reason the second amendment could be repealed these days (and along these lines I think I might be fine with it being repealed) is because guns are melted by hydrogen bombs. Life is, I believe, fundamentally and irrevocably different today. The American people do not stand a chance against some dystopian American tyranny. Who are we fooling?

Do I think the American founders knew that future battlefields would be able to be melted by the heat equivalent to that of the surface of the sun when I support the Constitution so dogmatically? Do folks who think these weekend marches are pointless think the Constitution should never be changed? No to both questions. But I do think that the Constitution writers showed almost divine philosophical foresight in their writing, and I kindly ask that you re-consider whether these shootings (or, “these instances of unarmed, unprepared, and unsuspecting deaths of any size group of Americans ((or folks on American soil)) who are attempting to better themselves”) can be stopped by anything less than a re-evaluation of whether the overall arms circumstance on planet Earth has changed since the Constitution was written.

If so, amend.

If not, look in a different direction to stop the shootings.

Perhaps towards Christ.