Showing posts with label Bill of Rights. Show all posts
Showing posts with label Bill of Rights. Show all posts

Tuesday, July 10, 2018

Nice Second Amendment Lady

Seen on Twitter:


Thursday, March 15, 2018

National Student Walkout

So lame.

The real patriots are those students who stayed behind, in the classroom, resisting the idiots gun control activists.




Sunday, July 9, 2017

Saturday, June 13, 2015

Heavily Armed New Yorkers Hunker Down as Manhunt for Escaped Killers Nears Second Week — #2A

Heh, leftists just can't stand when regular citizens empower themselves against unpredictable criminal eventualities.

I mean, what's idiot Shannon Watts got to say about this mild-mannered guy, Ken Snyder, with a loaded rifle in the laundry room, lol?

At the Wall Street Journal, "As Manhunt for Escaped Killers Nears Second Week, Upstate N.Y. Residents Adjust to Siege Mentality":

CADYVILLE, N.Y.— Ken Snyder refused to waste a perfect sunny afternoon and spent it reseeding his lawn, despite a manhunt under way behind his home in this rural corner of upstate New York.

It wasn’t a typical day of yardwork for the 70-year-old retiree.

On Thursday, as helicopters buzzed overhead and a small army of heavily armed police lined a nearby country road, Mr. Snyder was ready if the two convicted murderers who escaped from a state prison emerged from the woods backing up to his property.

Inside his garage were two phones should he need to call for help. In his laundry room, on the washer and dryer, was a loaded rifle with extra ammunition. Upstairs in the bedroom: another rifle.

Mr. Snyder, who reckons the escapees are likely far from the prison by now, said he is less anxious than his wife, who suggested using chairs to barricade the doors they never used to lock.

“People just want to be back to normal,” he said.

As an intensive search for Richard Matt, 48 years old, and David Sweat, 34, nears its second week, some residents in the area surrounding the Clinton Correctional Facility expressed increasing weariness with what has seemed at times to be a siege mentality in the bucolic countryside surrounding the prison in Dannemora, N.Y.

“People are on such a heightened alert that if there’s just the simplest thing out of the norm, especially in that area right now, they’re calling it in and we’re following up,” Andrew Wylie, the Clinton County district attorney, said in an interview Friday.

Residents and business owners in Pennsylvania’s Monroe County, in the Poconos resort area, know how it feels to live in the middle of a manhunt.

The rural county was the epicenter of a seven-week search for Eric Frein , a local resident accused of shooting two state troopers—one fatally—before fleeing into the woods last September.

“It was abnormal, but we went along with our day-to-day,” said Barrett Township Supervisor John Seese. “If they had an area that was closed off, you just didn’t go there that day.”

Ray Cawolsky, who owns a deli in nearby Mountainhead, said he best remembers two contrasting sounds from that manhunt: the quiet of a stifled tourist season and the roar of search helicopters.

“It was a lot of helicopters flying over 24 hours a day, armored vehicles running up and down the road,” Mr. Cawolsky said. “We had state police for customers, but we lost all our tourists. Everyone was afraid to come here.”

Fall is a busy season for Poconos business owners, who cater to tourists visiting to hike, leaf peep or hunt. But outdoor activity was severely restricted during the search, and the hunting season was canceled altogether.

In upstate New York, it remains unclear how the efforts to find Mr. Matt and Mr. Sweat will pan out. It may mean a short-term boon for area hotels and restaurants and may boost overtime pay for law-enforcement officers involved, but it also could strain government budgets.

For now, many locals said they are adapting to the immediate threat. They are locking their doors and windows while some, like Mr. Snyder, have been getting their guns ready...
Yep, regular Americans "getting their guns ready." There's nothing the left hates more than proud, independent, self-sufficient citizens looking out for their own.

Keep reading.

Monday, March 2, 2015

Quartering Spyware Troops in a Digital Age: Why Your Home Should Be Your Castle

From Glenn Reynolds, at USA Today, "Quartering spyware troops in the digital age":
In 1893, historian Frederick Jackson Turner published a famous paper on the closing of the American frontier. The last unsettled areas, he said, were being populated, and that meant the end of an era.

I think that something a bit like that is happening in my field of constitutional law. The last part of the Bill of Rights left almost untouched — the Third Amendment — is now becoming the subject of substantial academic commentary, with a symposium on the amendment, which I attended, this past weekend held by the Tennessee Law Review.

The Tennessee Law Review published the very first law review article on the Third Amendment back in 1949. But there weren't very many to follow: a handful, over many decades. Maybe that's because the Third Amendment just plain works. It provides: "No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law."

That doesn't happen much — The Onion ran a parody piece some years ago entitled "Third Amendment Rights Group Celebrates Another Successful Year" — and so it may just be that the Third Amendment is the only part of the Bill of Rights that really works. Except that it may not be working the way that we think.

The only Supreme Court case in which the Third Amendment did any heavy lifting is Griswold v. Connecticut, a case that's not about troop-quartering, but about birth control. The Supreme Court held that the Third Amendment's "penumbra" (a legal term that predates the Griswold case) extended to protecting the privacy of the home from government intrusions. "Would we," asked the court, "allow the police to search the sacred precincts of marital bedrooms for telltale signs of the use of contraceptives?" The very idea, said the court, was "repulsive."

Likewise, the U.S. Court of Appeals for the Second Circuit held in Engblom v. Carey that the Third Amendment protects a "fundamental right to privacy" in the home. Since then, courts haven't done much to flesh these holdings out, but I wonder if they should. In the 18th century, when the Third Amendment was drafted, "troop quartering" meant literally having troops move into your house to live at your expense and sleep in your beds. It destroyed any semblance of domestic privacy, opening up conversations, affection, even spats to the observation and participation of outsiders. It converted a home into an arena.

Today we don't have that, but we have numerous intrusions that didn't exist in James Madison's day: Government spying on phones, computers, and video — is spyware on your computer like having a tiny soldier quartered on your hard drive? — intrusive regulations on child-rearing and education, the threat of dangerous "no-knock" raids by soldierly SWAT teams that break down doors first and ask questions later.

The Third Amendment hasn't been invoked in these cases — well, actually, it has, in the case of a SWAT team in Henderson, Nev., that took over a family home so that it could position itself against a neighbor's house — but maybe it should be. At least, maybe we should go farther in recognizing a fundamental right of privacy in people's homes...
More.

Tuesday, June 29, 2010

The Second Amendment and the Incorporation Doctrine

From Glenn Reynolds, at Pajamas Media, "The New Normal: The Second Amendment After Heller and McDonald":
Following Monday's McDonald decision, gun ownership by law-abiding citizens is the new normal, and the Second Amendment is now normal constitutional law.

I’ve been interested in the Second Amendment for a long time, but for a long time, it wasn’t really part of the Constitution.

Oh, I mean it was part of the Constitution — right there between the First Amendment on one side, and the Third Amendment (the only part of the Bill of Rights that really works — when did you last hear of troops being quartered in someone’s house?) on the other. But in “mainstream” constitutional discourse, it just didn’t exist.

Courts routinely rejected Second Amendment claims, frequently with atrocious misstatements of what little caselaw existed, and usually with almost no discussion. Popular discussion was, if anything, even more dismissive. Former Chief Justice Warren Burger said that the notion that the Second Amendment protected individual rights was a fraud, and that it only protected “state armies.” (And wouldn’t that have been interesting if it had turned out to be true. …) The general position taken by most mainstream media types, and most academics, was that the Second Amendment didn’t protect individuals, only the right of states to have a national guard, a right that was obsolete anyway. It had nothing to do with individuals owning guns.

There wasn’t actually much support for this “collective right” position, in terms of scholarship or caselaw — the 1939 case of United States v. Miller, often cited for that position, doesn’t actually say that, but for many years, unanimity substituted for understanding, and ridicule substituted for research. (Burger’s “state armies” claim appeared not in a law review, but in Parade magazine.) That began to change with Don Kates’ article, “Handgun Prohibition and the Original Meaning of the Second Amendment,” in the Michigan Law Review, and really picked up after the publication of Sandy Levinson’s “The Embarrassing Second Amendment” in the Yale Law Journal. Soon, scholarship accumulated, and it was possible even to speak of a ”Standard Model” of the Second Amendment, in which the linguistic, structural, and historical elements came together to explain, in a widely accepted way, why the Second Amendment did, in fact, protect an individual right to own guns.

Opponents continued to criticize this view and to characterize its proponents as shills for the NRA, but it was a rearguard action — especially as polls continued to show, despite contrary media efforts, that around three quarters of Americans believed the Second Amendment gave them a right to own a gun, and that legal efforts to limit gun ownership were unconstitutional.
RTWT at the link.

Professor Reynolds argues that the Second Amendment has now been incorporated into the Fourteenth Amendment, and thus made a normal part of constitutional law.

RELATED: "
5 Ridiculous Gun Myths Everyone Believes." And see all the discussion at Memeorandum.