Suck it, Daley! The Constitution won today!
Incorporation always restricts experimentation and local variations, but that has not stopped the Court from incorporating virtually every other provision of the Bill of Rights. “[T]he enshrinement of constitutional rights necessarily takes certain policy choices off the table.” Heller, 554 U. S., at __ (slip op., at 64). This conclusion is no more remarkable with respect to the Second Amendment than it is with respect to all the other limitations on state power found in the Constitution.
In Heller, we held that the Second Amendment protects the right to possess a handgun in the home for the purpose of self-defense. Unless considerations of stare decisis counsel otherwise, a provision of the Bill of Rights that protects a right that is fundamental from an American perspective applies equally to the Federal Government and the States. See Duncan, 391 U. S., at 149, and n. 14. We therefore hold that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment right recognized in Heller.
Finally, the Supreme Court definitively states that the Second Amendment right to keep and bear arms protects that right from state and local bans, as well as federal.
The opinion also confirms the importance of our history – a uniquely American history – in American jurisprudence. It references and explains the importance of historical language in the way our laws were written and the context in which the Second Amendment was ratified.
Our history is important, people. It is the fundamental principles on which this nation is based that help determine not only why our laws were written, but how to best implement them. Certain rights are basic. Certain rights are fundamental. The men who wrote the Bill of Rights recognized this, and the Supreme Court today affirmed it.
And bonus points for the magnificent spanking Justice Scalia administered to Justice Stevens in the concurring opinion.
JUSTICE STEVENS begins with the odd assertion that “firearms have a fundamentally ambivalent relationship to liberty,” since sometimes they are used to cause (or sometimes accidentally produce) injury to others. Post, at 35. The source of the rule that only nonambivalent liberties deserve Due Process protection is never explained—proof that judges applying JUSTICE STEVENS’ approach can add new elements to the test as they see fit. The criterion, moreover, is inherently manipulable. Surely JUSTICE STEVENS does not mean that the Clause covers only rights that have zero harmful effect on anyone. Otherwise even the First Amendment is out. Maybe what he means is that the right to keep and bear arms imposes too great a risk to others’ physical well-being. But as the plurality explains, ante, at 3536, other rights we have already held incorporated pose similarly substantial risks to public safety. In all events, JUSTICE STEVENS supplies neither a standard for how severe the impairment on others’ liberty must be for a right to be disqualified, nor (of course) any method of measuring the severity.
JUSTICE STEVENS next suggests that the Second Amendment right is not fundamental because it is “different in kind” from other rights we have recognized. Post, at 37. In one respect, of course, the right to keep and bear arms is different from some other rights we have held the Clause protects and he would recognize: It is deeply grounded in our nation’s history and tradition. But JUSTICE STEVENS has a different distinction in mind: Even though he does “not doubt for a moment that many Americans . . . see [firearms] as critical to their way of lifeas well as to their security,” he pronounces that owning a handgun is not “critical to leading a life of autonomy,dignity, or political equality.”6 Post, at 3738. Who says? Deciding what is essential to an enlightened, liberty-filled life is an inherently political, moral judgment—the antithesis of an objective approach that reaches conclusions by applying neutral rules to verifiable evidence.
Take the time to read this decision. Remember, it’s in .pdf format, so you’ll need Adobe Reader to view it.
Stanley McChrystal is a lot of things, but I can’t imagine he’s stupid. The article that came out in Rolling Stone a few days ago showed typical office banter that usually remains in the office, while the professional military leaders go out and do their job regardless of what they think of their civilian bosses. The fact that McChrystal allowed such banter in front of a reporter shows one of two things:
- He’s not as smart as I thought he was, or
- He’s intentionally sabotaged his position.
The fact that those close to him are trying the incredibly stupid, “The reporter published stuff that was supposed to be off the record” excuse has me leaning toward the former.
“There’s a Rolling Stone article out,” the aide told McChrystal. “It’s very, very bad.”
Forty hours later, McChrystal had been relieved of his command, his 34-year military career in tatters. Apart from a terse apology, McChrystal has not discussed publicly the disparaging remarks that he and his aides made about administration officials and that appeared in the article.
On Friday, however, officials close to McChrystal began trying to salvage his reputation by asserting that the author, Michael Hastings, quoted the general and his staff in conversations that he was allowed to witness but not report. The officials also challenged a statement by Rolling Stone’s executive editor that the magazine had thoroughly reviewed the story with McChrystal’s staff ahead of publication.
Army officers receive public affairs training, training on how to deal with the media and how to avoid trouble such as the type in which McChrystal now finds himself. There is no excuse, and there’s one cardinal rule: NOTHING IS OFF THE RECORD.
Most reputable newspapers will abide by a request to keep certain comments off the record, but that is not a guarantee, and they can violate that promise at will. The smartest thing to do is to avoid the situation by not mentioning anything you don’t want public in front of a reporter. The reporter has a job to do: to turn in a juicy story that will attract readership and advertisers. Nothing you do or say is off the record if a great story is at stake.
McChrystal, like all high-ranking officers, should know this. If he didn’t, he’s an idiot. If he did, and allowed the “off the record” remarks to be spewed in front of Rolling Stone anyway, he’s an even bigger idiot. If he’s allowing his staff to use the hackneyed, “that was supposed to be off the record” tripe as an excuse for his behavior, he’s an idiot beyond comprehension!
Speculation about the reasons why a seasoned military officer would pull such as stunt are abound. Did he do this on purpose? Did he fall on his sword and destroy a distinguished 34 year military career intentionally? I can’t imagine he’d be stupid enough to do so. But then, I also can’t imagine that a military officer of his rank and stature would allow something this stupid to go on, and then allow “officials close to” him make such an incredibly lame excuse on his behalf.
This shows an incredible lack of judgment on the General’s part, and quite frankly Obama was quite right to give him the boot. Anyone who exercises such poor judgment at something as basic as dealing with the media shouldn’t lead the biggest, most important military operation NATO has ever led. I’m not a big fan of Teh One, but in this case, he was exactly right to toss McChrystal on his ass.
Oh, Teh Stooopid™! It burns worse than a month-old case of the clap on a syphilitic hooker! In this case, the syphilitic hooker’s name is Peggy West (a/k/a Miss Piggy). As an elected official, one would think this dumb bint would know her geography, but apparently not. Miss Piggy thinks that Arizona is “aways removed from the border,” and therefore has no business worrying about “undocumented people.” Mmmmmkay?
Now, I just spoke to the Redhead, who studied American geography in 6th grade. I asked him what country Arizona borders, and he said “Mexico.” Then I let him watch the video. The 12 year old Redhead’s reaction was, “Oh, my God! What a ‘tard!”
So if a semi-small munchkin knows more geography than Miss Piggy, what does that say about the brain-dead fucknozzles who elected her?
Thanks to Hookers and Booze for the video.
Yep, still trapped at the house.
Yep, still kind of incapacitated, although getting better.
I only had to take two doses of Ibuprofen yesterday, and both of them were in the evening. Today, there’s no pain at all, so I’m hopeful I’ll get the OK to get out of this house tomorrow! Even a shopping trip to the supermarket would be fabulous at this point!
I’ve just started Season 3 of Lost. Upon further reflection, and thanks to my friend Eli, who told me he looks at Locke as a shaman, I’ve revised my assessment of him from pedantic fuck to damn strong guy. I’ve shifted my hatred to the traitor Michael, although, I can partially see justification for what he did, as a parent. I’m also glad they redshirted the blonde, whiny chick. I’d had quite enough of her.
Soooooo…. a good friend of mine sent me the following in an email, which essentially confirms my assessment that we are a doomed society. With schmucks like these graduating from our high schools, I figure it will take only 2-3 generations of morons to completely destroy us.
The following questions were set in a recent GED examination.
These are genuine answers (from 16 year olds)…… and they WILL breed. TOLD you we were doomed!
Q. Name the four seasons
A. Salt, pepper, mustard and vinegar
Q. Explain one of the processes by which water can be made safe to drink
A. Flirtation makes water safe to drink because it removes large pollutants like grit, sand, dead sheep and canoeists
Q. How is dew formed
A. The sun shines down on the leaves and makes them perspire
Q. What causes the tides in the oceans
A. The tides are a fight between the earth and the moon. All water tends to flow towards the moon, because there is no water on the moon, and nature abhors a vacuum. I forget where the sun joins the fight
Q. What guarantees may a mortgage company insist on
A. If you are buying a house they will insist that you are well endowed
Q. In a democratic society, how important are elections
A. Very important. Sex can only happen when a male gets an election
Q. What are steroids
A. Things for keeping carpets still on the stairs (Shoot yourself now; there is little hope)
Q.. What happens to your body as you age
A. When you get old, so do your bowels and you get intercontinental
Q. What happens to a boy when he reaches puberty
A. He says goodbye to his boyhood and looks forward to his adultery (So true)
Q. Name a major disease associated with cigarettes
A. Premature death
Q. What is artificial insemination
A. When the farmer does it to the bull instead of the cow
Q. How can you delay milk turning sour
A. Keep it in the cow (Simple, but brilliant)
Q. How are the main 20 parts of the body categorized (e.g. The abdomen)
A. The body is consisted into 3 parts – the brainium, the borax and the abdominal cavity. The brainium contains the brain, the borax contains the heart and lungs and the abdominal cavity contains the five bowels: A, E, I,O,U.. (wtf!)
Q. What is the fibula?
A. A small lie
Q. What does ‘varicose’ mean?
Q. What is the most common form of birth control
A. Most people prevent contraception by wearing a condominium (That would work)
Q. Give the meaning of the term ‘Caesarean section’
A. The Caesarean section is a district in Rome
Q. What is a seizure?
A. A Roman Emperor. (Julius Seizure, I came, I saw, I had a fit)
Q. What is a terminal illness?
A. When you are sick at the airport. (Irrefutable)
Q. Give an example of a fungus. What is a characteristic feature?
A. Mushrooms. They always grow in damp places and they look like umbrellas
Q. Use the word ‘judicious’ in a sentence to show you understand its meaning
A. Hands that judicious can be soft as your face. (OMG)
Q. What does the word ‘benign’ mean?
A. Benign is what you will be after you be eight (brilliant)
Q. What is a turbine?
A. Something an Arab or Shreik wears on his head