If McDonald is won without the death of Slaughterhouse, it will still be a cheering victory for a core constitutional right. But if Gura wins the way he wants to win, he will have succeeded in creating a constitutional revolution of sorts, one with both promise and peril for keeping government power within prescribed limits.

Good luck, sir.

Gun control: what we do instead of something.

An audit by the DoJ found a 35% error rate based on spot checks of names on the list.

But some of our legislators want to use that to deny you your civil rights.

I ate mop.

In NC:

The Greenville Police Department and Pitt County Sheriff’s Office will be going door to door late Tuesday afternoon to educate people on gun laws and why it is important to report gun crimes.

Police arrested a vice president from Bieber’s record label, Island Def Jam Records, saying he wasn’t cooperating with attempts to disperse the crowd.

James Roppo, 44, of Hoboken, N.J., was charged with a series of misdemeanors, including endangering the welfare of children and obstructing governmental administration.

“We asked for his help in getting the crowd to go away by sending out a Twitter message,” said Nassau County Police Det. Lt. Kevin Smith. “By not cooperating with us, we feel he put lives in danger and the public at risk.”

No bunch of ignorant goat-herders and tactical illiterates can destroy this country. I’m not sure why some people on the Right and Left think this nation is so weak, so decadent that unAmerican measures are necessary to prop up some horrible star-spangled shell of what we used to be but I am not playing along with it and I won’t pretend it’s okay. It’s been gnawing at me for days now and the way I figure is, those of you who value your imagined safety so much you’ll choose fascism or communism over freedom are the ones who need gnawed at, not me.

An angry aide to Rep. Ron Paul, an iPhone and $4,700 in cash have forced the Transportation Security Administration to quietly issue two new rules telling its airport screeners they can only conduct searches related to airplane safety.

In response, the American Civil Liberties Union is dropping its lawsuit on behalf of Steve Bierfeldt, the man who was detained in March and who recorded the confrontation on his iPhone as TSA and local police officers spent half an hour demanding answers as to why he was carrying the money through Lambert-St. Louis International Airport.

The new rules, issuedin September and October, tell officers “screening may not be conducted to detect evidence of crimes unrelated to transportation security” and that large amounts of cash don’t qualify as suspicious for purposes of safety.

A judge found the actions of federal agents who refused to show Zanesville residents a warrant when asked are “completely unreasonable and unjustified.”

…

At the suppression hearing in July, Marbley made it clear to agents with the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, and Assistant U.S. Attorney David Bosley, that he was unhappy with the way agents handled the search June 18 at the Thompson home on Kopchak Road.

…

Marian Thompson said even though she repeatedly asked for a warrant, none was ever supplied.

Marbley stated in his ruling that “one of the purposes served by the warrant requirement is informing citizens that the executing agents are acting under proper authorization when they invade the sanctity of a citizen’s home.”

Yet, we add 1,600 to it per day.

The Obama administration will not seek to arrest medical marijuana users and suppliers as long as they conform to state laws, under new policy guidelines to be sent to federal prosecutors Monday.Two Justice Department officials described the new policy to The Associated Press, saying prosecutors will be told it is not a good use of their time to arrest people who use or provide medical marijuana in strict compliance with state laws

Good for Obama. Via Phelps, who says: I’ll start to believe it when they stop raiding dispensaries.

Yes, these domestic terrorist were guilty of cultivating, importing and selling orchids. Kevin addressed the case a few years back.

The linked article has more heavy-handed buffoonery:

Krister Evertson, another victim of overcriminalization, told Congress, “What I have experienced in these past years is something that should scare you and all Americans.” He’s right. Evertson, a small-time entrepreneur and inventor, faced two separate federal prosecutions stemming from his work trying to develop clean-energy fuel cells.

The feds prosecuted Mr. Evertson the first time for failing to put a federally mandated sticker on an otherwise lawful UPS package in which he shipped some of his supplies.

I’m glad to see these incidents getting more coverage to show the stupidity involved here.

Only three of the 763 “sneak-and-peek” requests in fiscal year 2008 involved terrorism cases, according to a July 2009 report from the Administrative Office of the U.S. Courts. Sixty-five percent were drug cases.

Franken, who opened by acknowledging that unlike most of his colleagues in the Senate, he’s not a lawyer, but according to his research “most Americans aren’t lawyers” either, said he’d also done research on the Patriot Act and in particular, the “roving wiretap” provision that allows the FBI to get a warrant to wiretap a an unnamed target and his or her various and changing cell phones, computers and other communication devices.

Noting that he received a copy of the Constitution when he was sworn in as a senator, he proceeded to read it to Kris, emphasizing this part: “no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

“That’s pretty explicit language,” noted Franken, asking Kris how the “roving wiretap” provision of the Patriot Act can meet that requirement if it doesn’t require the government to name its target.

Via Phelps.

I’m the average American: Take 30 percent of my paycheck and I’ll shrug. Nationalize the car companies and I’ll change the channel to cartoons. Add 10 cents to the cost of my Cherry Coke and, so help me God, I will start a revolution.

It doesn’t make a lick of sense, but that’s the way people are. Tea parties notwithstanding, trans fat regulations, smoking rules, parental advisory stickers, and light bulb bans have long been some of the best recruitment tools libertarians have.

What confounds me is the unmitigated refusal of county leaders to challenge law enforcement and to demand better — as if civil rights are somehow rendered secondary by the war on drugs.

Well, today, they are. That should be changed.

the oft-derided USA-PATRIOT Act is still with us. I guess they only hate it during election season.

“My hate mail started shortly after the White House issued the ‘fishy’ request,” said Kathryn Serkes, AAPS’ Director of Policy and Public Affairs. “We were quite visible and vocal before then, so it doesn’t seem like a coincidence. Who did they share their data with? With whom might they share it?”

Mabell Labe

EEK! A GUN!

And it’s having an effect. However, you couple the gun with the whole blood of tyrants sign and I think the guy made a poor marketing decision. Of course, he was also a half a mile away and there two hours before Obama’s arrival.

One of the more interesting dynamics I’ve found in this debate is the reaction from folks. Some folks are none too happy here. Take Aunt B. for example:

Because the whole “gun nuts” thing aside, the biggest progress gun lovers have made is in convincing the rest of us that y’all are normal people we have no reason to be afraid of.

Unlike the press, Aunt B. is not all EEK! A GUN!. She takes issue with the sign. I really doubt Aunt B. would be concerned if the guy was protesting and did not have that particular sign. It is New Hampshire. You know, live free or die. And NH has had handgun carry for probably longer than anyone. So, if you’re going to open carry at a protest, probably ought to leave the signs that advocate violence at home. In fact, leaving those signs at home when not carrying is probably a good idea too.

Meanwhile, PDB is utterly outraged.

Interpretation: Five million bloggers exercising their First Amendment right isn’t a good thing for American democracy.

under a law Congress passed last year aimed at regulating hazards in children’s products, the federal government has now advised that children’s books published before 1985 should not be considered safe and may in many cases be unlawful to sell or distribute. Merchants, thrift stores, and booksellers may be at risk if they sell older volumes, or even give them away, without first subjecting them to testing—at prohibitive expense.

The Mrs. collects children’s books. She has for years. It appears she’ll soon need a black market book dealer. HT to SIH who notes you need an interest group for everything.

Under the government’s proposed rule, not even actual gratitude is required before the government can limit speech — it is enough that the government thinks that in some cases legislators might feel gratitude.

A federal judge in June threw out seizure of three fake passports from a traveler, saying that TSA screeners violated his Fourth Amendment rights against unreasonable search and seizure. Congress authorizes TSA to search travelers for weapons and explosives; beyond that, the agency is overstepping its bounds, U.S. District Court Judge Algenon L. Marbley said.

Federal prosecutors who had made a broad request for user information of commenters on the Las Vegas Review-Journal’s Web site backed down a bit

It’s the U.S.A., not U.S.S.R. — I didn’t fight to protect this shit.

Antiterrorism training materials used by the Department of Defense teach that public protests should be regarded as “low-level terrorism,” according to a letter of complaint sent to the department by the American Civil Liberties Union of Northern California.

It is legally permissible for police to zap a suspect with a Taser to obtain a DNA sample, as long as it’s not done “maliciously, or to an excessive extent, or with resulting injury,” a county judge has ruled in the first case of its kind in New York State, and possibly the nation.

I have always been of the opinion that the only time for using a Taser is when deadly force is justified.

President Obama told human rights advocates at the White House on Wednesday that he was mulling the need for a “preventive detention” system that would establish a legal basis for the United States to incarcerate terrorism suspects who are deemed a threat to national security but cannot be tried, two participants in the private session said.

Obama seems to be a continuation of Bush. Hell, even Glenn Greenwald is noticing that too.

West said a customer of his recently stocked up on .223-caliber rounds, a caliber often used in assault-style weapons. The customer bought 1,000 rounds a few months ago through a mail order company.

Shortly after the purchase, he received a visit from the U.S. Department of Homeland Security, whose interest was apparently piqued by a large-scale purchase of that caliber.

Large scale? Hardly. Sounds more like a fun weekend to me. Well, I usually buy it 500 at a time. Probably explains why I haven’t had a visit.

Via David.

Meanwhile:

“It’s ironic,” Gottlieb concluded, “that President Obama’s friend, William Ayers, is a leftwing terrorist bomber, but nothing in this report suggests monitoring his activities.”

The National Security Agency intercepted Americans’ e-mails and phone calls in recent months on a scale that went beyond limits set by Congress last year, The New York Times reported on Wednesday.

And so the lefties don’t feel left out. Oh, except that’s not real.

Update: I guess the Texas Governor might be a terrorist too!

Update: Indiana legislature too!

Also, Ron Paul staffer asked why he has so much cash at the airport. Detained and harassed. Oh, staffer recorded audio on his phone.

A tea party to protest government spending and taxing is canceled. Canceled by the government.

Why? They feel too many people could show-up.

Tennessee comes in at number 7.

Too many school monkeys’ responses are to call the police over what amounts to disciplinary problems. Sign of the times.

Police this week removed an unruly 7-year-old from his classroom and forced him to be hospitalized under the state’s Baker Act — against the wishes of his outraged parents.

The boy spent the night alone at Morton Plant Hospital before he was seen by a child psychologist the next day and discharged.

His crime: a tantrum.

The ACLU of Wisconsin is defending a Beaver Dam teacher who was put on administrative leave after she posted a questionable photo on her Facebook page.

From the ACLU of Wisconsin:

ACLU of Wisconsin: School should allow teacher to pose with rifle on Facebook

A Beaver Dam Middle School teacher, Betsy Ramsdale, should not have been put on administrative leave simply because of a photo on Facebook showing her training a rifle at the camera. While school safety is of paramount importance, public school teachers do not lose their right to free expression when they are not working.

The context of the photo, the whole Facebook page, is important to understand before taking action against a teacher, who happens to be a gun enthusiast.

Well, that’s likely the problem right there. Can’t have gun enthusiasts educating people.

Good for the ACLU.

drugs have become a religion on both sides. On the one hand, drug prohibitionists have an annoying tendency to ignore the fact that prohibiting a substance causes the price to skyrocket, thereby creating the motive underlying most “drug-related” crime. On the other, legalization and decriminalization advocates have an equally annoying tendency to ignore the fact that repealing the prohibition (or reducing enforcement efforts) on that same substance would cause the price to plummet, thereby causing recreational use (and, inevitably, abuse) to increase.

Probably. But one annoying tendency doesn’t lead to 90 year-old grandmothers being shot dead by police and then the police engage in a cover up. And another does. The religion of peace, I guess.

A bill filed today would specify that blogs can be libelous. Sen. Steve Goss said he wrote the bill over concern that “fast-moving Internet technology” may be outstripping existing libel laws. He wants the law to specifically say that blogs and other online media can be considered libelous.

I would imagine that libelous statements, such as Sen. Steve Goss has a thing for Asian transsexual hookers, are probably actionable no matter the medium in which they are presented. And that non-libelous statements, such as Sen. Steve Goss is an authoritarian douchebag, are protected regardless of the medium in which they are presented. You know, free speech and all. But then, I’m not a lawyer.

Another case against registration.

Another confidential informant? They invaded his son’s home too. No arrests.

The White House affirms that he will end the Bush/Clinton policy of raiding medical marijuana providers who are operating within the parameters of state law. A victory for patients, for the Tenth Amendment, and for responsible use of federal law enforcement resources

Rep. Alcee L. Hastings, D-Fla., has introduced to the House of Representatives a new bill, H.R. 645, calling for the secretary of homeland security to establish no fewer than six national emergency centers for corralling civilians on military installations.

Text of the bill.

The first federal evaluation of mass-transit security shows that more than 75% of the nation’s major rail and bus systems aren’t meeting Homeland Security guidelines.

By contrast, 96% of airlines are complying with security requirements, according to a new report by the department. The report doesn’t identify which rail and bus systems fell short.

The assessment comes as new Homeland Security Secretary Janet Napolitano says she plans to focus more on mass transit, possibly through “redeployment” of resources from other areas.

That mean taking the Security Theater from the airport and putting it in the bus & rail stations where it will do just as little?

The Supreme Court said Wednesday that evidence obtained after illegal searches or arrests based on simple police mistakes may be used to prosecute criminal defendants.

I have a feeling we’ll be seeing a lot more simple police mistakes.

Ebay is scared of pictures of guns and will pull your auctions over it.

The Maryland State Police surveillance of advocacy groups was far more extensive than previously acknowledged, with records showing that troopers monitored — and labeled as terrorists — activists devoted to such wide-ranging causes as promoting human rights and establishing bike lanes.

Also, reminds me of this.

Update: Did you know that there was a Delaware County in PA? Me neither.

From reader HtownTejas.

Some disagreement as to what the court meant in comments as a lawyer type says your car is a container on a public street. But so is my house. Still, I’m of the opinion that my vehicle is private. Oh sure, you can see in it. But it is my personal space.

The U.S. military expects to have 20,000 uniformed troops inside the United States by 2011 trained to help state and local officials respond to a nuclear terrorist attack or other domestic catastrophe, according to Pentagon officials.

The long-planned shift in the Defense Department’s role in homeland security was recently backed with funding and troop commitments after years of prodding by Congress and outside experts, defense analysts said.

There are critics of the change, in the military and among civil liberties groups and libertarians who express concern that the new homeland emphasis threatens to strain the military and possibly undermine the Posse Comitatus Act, a 130-year-old federal law restricting the military’s role in domestic law enforcement.

But the Bush administration and some in Congress have pushed for a heightened homeland military role since the middle of this decade, saying the greatest domestic threat is terrorists exploiting the proliferation of weapons of mass destruction.

I wonder if the Bush loyalists are still going to be OK with that come January?

The social conservatives’ positions tend to empower government over individuals. If they got their way, the public would be forced to submit to the government’s decision-making. The more liberal position, by contrast, allocates power to individuals – no one is forced to do anything. (Admittedly, this is not really a constitutional argument – just an additional explanation for why the Christian Right tends to scare people).

Take, for instance, the granddaddy issue of them all – abortion. The Christian Right position would require every single person in a given jurisdiction to give birth. (Yes, some would argue that it’s simply about letting the states decide – but still, they prefer this position because many states, and virtually the entire South, would ban abortion). Thus, the decision-making power here would belong to the government. Individuals would no longer be free to decide.

The pro-choice position, by contrast, ensures that individuals – not the government – will ultimately make these private decisions. Individuals remain free to have, or not have, abortions as they and their God see fit. And everyone remains free to persuade their fellow citizens of the values of bringing all pregnancies to term. But in the end, the individual – and not the state – would make the final call.

This pattern repeats itself across a number of issues. For example, gay marriage doesn’t require anyone to do anything. It merely allows consenting gay adults to be married. Gay marriage bans, by contrast, grant that decision-making power to the state.

Similarly, rights to contraception don’t require anyone to do anything – the ultimate decision remains with the individual. Contraception bans, by contrast, allocate the decision-making power to the government.

Same deal with school prayer. Banning school prayer in public classes doesn’t prevent anyone from praying privately at the school. But allowing public prayer, by contrast, would force non-Christians to sit through prayer sessions in a publicly funded school. Again, the decision to participate in prayer would be made by the state, not the individual.

The larger point is that these examples illustrate why many people fear social conservatives – simply put, many of the latter’s preferred positions would use the state to intrude on people’s lives and dictate very private and personal decisions to them.

Now, I think this is largely true. But at the same time, if you expand beyond the so-called “social conservative” issues, there are plenty of places where it’s the liberals who would be doing the forcing. Environmental issues, for example, or gun control.

That said, I think the fact that compliance is somehow enforced is not, in and of itself, necessarily a bad thing. It depends upon your view of the thing being enforced.

The oppressed have become the oppressors.

Still, 51% isn’t exactly a blow out. Looks like the Democrats are up to 56 in the senate and the house tally looks to be an increase. From a gunny standpoint, I hope there are enough blue dogs to keep the Obama administration in check. Or we’re fucked and going to court a lot.

I’m guessing about now John McCain realizes that the supposed campaign finance reform law that bears his name is steaming pile of poo.

Tennessee went the opposite direction and now has a Republican majority for the first time since the reconstruction.

The sentiment of blaming George Bush seems common among the blogs today:

Jeff: Congratulations are also due to President George W. Bush for being one of the most incompetent, overspending, uncommunicative, clueless politicians. He has single-handedly reduced the Republican Party to “also ran” status by pissing-off almost everybody.

Sebastian: Thanks George! Let’s be honest about who’s fault it really is we lost this election. The Rove strategy has proven to be a total failure at this point.

Robb: You will not win by moving left. Sorry, the Democrats and progressives have a monopoly on that segment and you’re not going to win them over.

Chris reminds us that this is not a huge victory in terms of numbers.

Tam says we’re all ready to start taxing our way to prosperity in a few months

Xrlq looks on the bright side.

“I’ve offered to give the ACLU lady a house on Second Street,” he says. “That way, she can see if the Constitution will protect her there.”

Responds Sklar: “The arrogance of small-town tyrants never ceases to amaze me.”

From an article noting a town south of Memphis has a police enforced curfew.

I think I’d choose the constitution and a rifle over 30 policemen in ninja outfits clearing the streets.

Asked if it was wise to carry a gun near the Obama event, Noble said: “His rights don’t trump mine.”

Amen.

Guav:

First of all, the fact that the Bush administration supported the legislation should set off warning bells immediately at Think Progress. Second, characterizing Scheunemann and the NRA as being “in favor of gun rights for suspected terrorists” is fucking despicable.

Indeed. Continuing, he notes:

That’s 1 million “suspected terrorists”—including former Assistant Attorney Generals with a top-secret security clearance, nuns, members of Congress, people with names like Robert Johnson and Gary Smith, peace activists, Nelson Mandela, and other people—who will be harassed, denied the right to travel and punished for having a name similar to one used by someone who may or may not be a terrorist.

Reminds me of David’s bit on people Democrats think are terrorists