A Gun Activist Takes Aim at U.S. Regulatory Power

wsj.com ^ | 14 July, 2011 | JESS BRAVIN

[rarestia]

Provided the swordsman is a Conservative, that would work!

[Still Thinking]

That said, the precedent is chronically misread and misapplied. Scalia did so in the Heller case; at first saying Miller's conviction was upheld! Ummm, Miller was NEVER convicted. The indictment against him was quashed.

It's really bizarre. These are presumably the nine sharpest jurists we can find, and if you listen to Scalia talk, he's unquestionably a very smart guy. So what the hell gives with this kind of stuff? I can see errors in reasoning, especially from progressives, but to misstate simple historical fact, particularly in a field in which one is supposedly at the top of the heap? What the hell?

[Still Thinking]

What he's rejecting is the notion that once a constitutional principal has been violated, we are bound by precedent to go right on violating it forever.

Yeah, if the previous correct interpretation didn't even count as binding precedent, I hardly see how the wrong one can claim to be. "Stare Decisis" is Latin for "Staring at idiots".

[TheOldLady]

Here’s a way to defeat the gun grabbers with the proper amendment since they’re ignoring the other one.

[ForGod'sSake]

Indeed it is ONE way to battle the feral beast, AND better late than never I might add. We've almost allowed our heritage and our way of life to slip away from us. Entrusted with the best system of self governnance ever devised by Man, we have very nearly squandered our Founders' hard won gift. It will be to our eternal shame if we don't wake up in time to set things aright. Given the extent of the rot in our institutions, it is a tall order, and one not likely to be quickly accomplished.

[TheOldLady]

[nodding]

I’ve thought the same for quite a while now.

We have a long row to hoe.

[Monorprise]

“Wickard v. Filburn is at the heart of the modern regulatory state. The author of the article neglects a whole raft of supreme court precident that was overruled by the Wickard decision.

It was a revolutionary decision at the time, coming from the revolutionary Roosevelt new deal court.”

This is true by all rights, and all evidence Wickard v. Filburn was decided by corrupt federal employees in black robes most of whome were hand picked by corrupt self-serving politician.

Wickard v. Filburn rejected all presidence, and law in favor of the nearly unrestrained power of the appointee of this “court”.

There is no possible sound reasons any just court could fairly decide that Wickard v. Filburn was in any respect correct. This revolution in the Federal Employees overturning what was left in the Federal Constitution must be abolished by any means necessary.

I fear it may take a real Revolution, a compete revolution of the people to undo his unmitigated power grabbing usurpation.

[Monorprise]

“Funny thing about he Wickard case, the logic for its legal conclusion (Farmer Filburn affects interstate commerce if he is allowed to grow and consume his own wheat) is totally undermined by its factual findings (Filburn could have avoided the penalty by feeding it to his livestock without threshing it first).”

When it comes to Federal employee rulings, nether logic nor law are permissible excuses to stand in the way of the leftist goals of absolute and total power over everything.

I would say this is a leftist phenomenon but it has been known to happen on the right as well, as proven by Ex parte Young. http://en.wikipedia.org/wiki/Ex_parte_Young

Totalitarians/socialist in the Government play both sides of the spectrum to advance the cause of greater and greater goverment.

The fact that your more likely to die or retire then be fired as a Federal employee only serves to bolster their incentive to advance the power of that same government. Still if we are going to successfully downsize this Leviathan we must divide it against itself.

Our traditional and well reasoned allies in the Military bureaucracy should continue to be allies. Ironically they are the most easily accepting of cuts. The truth is we need them and we need to remove their threat at the same time. The only way we Americans can do that is to transfer as many of them as possible to their respective State militia’s.

With their officers and training appointed and conducted by the States, they will be very much more disinclined and mispositioned to follow federal orders in levying war against the same.

---

I know nobody wants to talk about theses prospects. But in order to avoid them we must be prepared to confront them. That preparation must begin here and now while we still can, before they fully catch on to whats coming.

Once direct force is off the table for the power hungry federal officials, they will be forced to either argue on merits or attempt to set us against each other, as they did in the antebellum period.

In either case the superior information distribution afforded to us by modern technology grants us an extraordinary fighting chance to win that fight.

But to even get into this position we must fix the board, we must move resources into the proper positions where they are either useless to our enemy’s or useful to ourselfs when and if the time comes. Downsizing the federal army and air-force and transferring its assets and personnel to the various State National Guards (while using the A1S8C16 power to purge the same of disloyal officers) is a perfect way to help rig the board of force in our favor.

Thus rendering that force useless to our enemy’s and potentially useful to ourselfs if need be.