A parade impinges on the rights of others to use the same resource, a public
street, and by inducing a public gathering, is likely to increase costs for
police and trash collection. This should remind us of the issues in Presser
v. Illinois http://www.constitution.org/2ll/2ndcourt/supreme/13sup.htm which
involved a militia organization parading without a permit. The opinion is
often mischaracterized as a loss for the rights of militia, but it should be
pointed out that even regular military organizations like the Army normally
pay parade permits when they want to parade, because of the costs parading
imposes on municipal budgets. The opinion in that case neglected to
distinguish between a celebratory activity like parading, and actual militia
or military operations in defense of the community, which obviously would
not need a permit.

The history of marriage licenses and their fees indicates several motives
for them. Part of it was to discourage marriage among the poor, who tend to
demand more public resources, and to put people who might be thought to be
unfit, for health, mental, genetic or other reasons, before a system of
intervention to prevent them from marrying. Part of it seems to have been to
make it easier to establish parenthood and thereby responsibility for the
upbringing of children. The rationale was the costs that marriages could
impose on society if not regulated in some way. Historically, almost all
societies have asserted the power to control marriage through a variety of
mechanisms, so that by legal tradition marriage is not a right but a privilege.

Firearms are different in that the RKBA is closely tied to the militia duty,
and to the principle that people have a right to do what they have a duty to
do. In this tradition, even self-defense is seen not just as a right but a
duty, because in some sense we all belong to our society and have a duty to
preserve ourselves and our ability to contribute to it. The attacks on the
RKBA have tracked the reduction in the militia tradition and sense of
personal responsibility for, and involvement in, civic affairs, and the rise
of induced dependency on government professionals. This seems to have
largely been driven by a kind of "rent-seeking" behavior, discussed in
public choice theory, whereby government employees seek more jobs and more
pay by reducing the civic role of civilians, who are seen as competitors. It
serves the interest of the faction of government employees and contractors
to reduce civilians to a state of childlike dependence, producing taxes and
creating demand for more services, but submitting to government control and
not doing anything for which another government job might be created.

A problem with this is that civilian efforts decline faster than government
services can expand to supply the need, resulting in a lower overall civic
activity and a less congenial society.

Janice Rogers Brown, in her testimony before the Senate Judiciary Committee
hearing on her nomination to the DC Circuit, seems to have discussed this
idea in a speech she gave to a meeting of the Federalist Society, about
which she was questioned.

From the viewpoint of many on this list, it would seem that Justice Brown
might make an excellent federal appeals court justice. Does anyone know what
her decisions, opinions, writings, or speeches may indicate about the topics
of this forum?

Peter Boucher wrote:
marriage license fees, and even parade permit fees, are not so much for
the benefit of the recipient as they are simply meant to offset the cost
of the government facilitating you in the exercise of your rights

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