According to reports the people fleeing Mosul mostly fled into
neighboring Kurdish territory. Mosul has historically been mostly
Kurdish. So would be a volunteer "militia" organized to take back
the city. Both the Shi'ites and Sunni would be better governed if
the Kurds
Poletecracy
by Jon Roland
A political or management system can be characterized by the kind
of people it elevates to positions of authority. A number of terms
have been proposed by cynics, such as plutocracy, rule by the
rich
In response to a request from a county sheriff to South Carolina
Attorney General Alan Wilson, the AG issued the opinion
that if federal law enforcement officers attempt to enforce
unconstitutional gun laws or even confiscate existing weapons, then
neither state law nor
and if any of those prosecutions are sustained on
appeal, the Administration will have the legal tool they need to
eliminate all those things (or create a lot of violators waiting to
be discovered and prosecuted, afraid to use their weapons anywhere).
-- Jon
---
Original Message
Subject:2nd Amendment and slavery
Date: Mon, 21 Jan 2013 05:37:43 +
From: Finkelman, Paul paul.finkel...@albanylaw.edu
To: conlawp...@lists.ucla.edu conlawp...@lists.ucla.edu
Here is a link to my more complete response to the Hartmann
There is another issue being neglected. A patient needs to be able
to trust his physician. If he is concerned about the physician
reporting on him to the authorities, he won't seek treatment or
cooperate in a way needed for effective treatment. There is a reason
for
Original Message
Subject:Is there a right to carry a firearm in public?
Date: Tue, 11 Dec 2012 11:57:09 -0800
From: Dan Gifford dangiff...@keyway.net
To: SECOND AMENDMENT GROUP dangiff...@keyway.net
The Supreme Court has decided that the amendment confers a
The original meaning of "militia" from Latin was "defense activity",
and most of the Founders were Latin-literate. The idiom of the era
(continuing to our day) was to often use a word for an activity to
also mean those engaged in the activity, or the occasion or place of
It is not enough to waive prosecution, without a court order,
because in principle some future prosecutor could prosecute unless
barred by res judicata.
On another point, there is constitutional authority to require one
to testify, but not to take an oath or
violent criminals, and against violent criminal tyrannical
governments.
-- Jon
--
Jon Roland Campaign http://jonroland.net
2900 W Anderson Ln C-200
While we are talking about legal research, let me pose this one:
Using only a litigation strategy, how long would it take, and how
much would it cost, to completely return federal jurisprudence to
strict compliance with original understanding of the Constitution?
Even
Revised and expanded version, now covers states as well:
Firearms Infringement Reform
Act
113th Congress
1st Session
S.
To retroactively repeal certain
Just because it might not get traction immediately doesn't mean it
shouldn't be introduced, or that we shouldn't elect someone who would
introduce it. At the very least it should be drafted and ready to drop
in the hopper.
We will never get anywhere unless or until someone takes the first step.
Given the facts as you have presented them, a conviction for
something would seem to be in order, but life in prison would seem
excessive, more appropriate for first-degree murder with malice. The
guy was probably in an excited mental state and thus with diminished
mens
I disagree with any legislative disablement of any right, including the
RKBA. The Fifth Amendment requires judicial due process, which means a
court order on a petition to disable the right. It does not work to
disable some rights in a court order, then have a statute disable other
rights
The House of Representatives, Committee on the Judiciary has posted a
version with the December 2010 amendments:
http://judiciary.house.gov/hearings/printers/111th/evid2010.pdf
The Rules need to be amended as follows:
Rule 401. Definition of Relevant Evidence, to read as
follows:
Relevant
Big
Second Amendment Opinion from the Fourth Circuit, Related to the Ban on
Gun Possession by Domestic Violence Misdemeanants
Eugene
Volokh December 30, 2010 2:33 pm
The opinion is United
States v. Chester, just decided today; thanks to Prof.
Doug Berman (Sentencing Law Policy) for
These issues are discussed in the law review article Public
Safety or Bills of Attainder?, which raises several
questions that need to be addressed:
1. Is it constitutional to prosecute as a crime the possession of
anything?
2. Is it constitutional to base a criminal prosecution on being a
Although it may make some sense for Boaz Sangero to confine his
analysis to the opinions in Heller, that cramps and overlooks
some critical elements that need to be examined for a full
understanding of the original meaning of the Second Amendment and the
other Militia Clauses.
1. The basis
Missing
from
Schrader v. Holder
The case of Jefferson
Wayne
Schrader
and Second Amendment Foundation v. Eric Holder and
Federal Bureau of Investigation
is on facts well-selected for rolling back the unconstitutional
provisions of 18
USC
922. However, it is missing several claims for
relief
FYI. Second message from activists in India.
Original Message
Subject:
WHAT TO EXPLAIN TO YOUR Members of Parliament
Date:
Wed, 21 Jul 2010 00:05:51 -0700
From:
Indians For Guns webmas...@indiansforguns.com
The U.S. Supreme Court announced its decision today in McDonald v.
City of Chicago, holding 5-4 in favor of petitioner, and reversed
and remanded. This will have the effect of striking down several
ordinances against the possession of handguns in the City of Chicago,
and likely lead to
The SPLC supports its luxurious operations through predatory litigation
and by scaring its donor base with tales of "enemy among us" klansmen
able to convert innocent youth with a single bite. "Give us money or
the bogeyman will get you" seems to be effective with a shrinking base
of gullible
Might try
John Lott johnrl...@aol.com
Author of More
Guns, Less Crime
Robert Churchill church...@hartford.edu Author of To
Shake Their Guns in the Tyrant's Face
On 03/03/2010 08:57 PM, Guy Smith wrote:
I hope Eugene
will allow an off-topic post this forum is my best
It is important to recognize that almost all of these misstatements
originally come from press releases, mostly issued by agencies of
government. Although reporters do sometimes insert misstatements on
their own, the odds are this one came from the local cops, or also
likely, from the FBI or
Texas has a State Guard, considered part of the state militia, with a
commander appointed by the governor, but a few years ago the people of
Texas removed the power of the governor to command militia himself.
Various statutes leave command by default of county militia to the
sheriffs, but does not
Back in the mid-60s when I did volunteer work with Planned Parenthood,
most of the strongest supporters of legalized abortion were political
conservatives who did so expecting that a reduction in unwanted
children would reduce crime. Later scientific studies seem to confirm
that, but it is
For more on Calhoun's work on population density and how it relates to
prison conditions that may foster rather than reduce criminal behavior
see The
urban animal: population density and social pathology in rodents and
humans, by Edmund Ramsden.
-- Jon
I wasn't using the definition of "felony" of that era, but of ours.
Crime was just very rare by our standards, and most of what there was
occurred in larger cities. In that era the large cities were New York,
Boston, and Philadelphia, each with populations of less than 20,000,
which are small
Gun Laws in States, Cities Draw U.S. Top Court Review on
Constitutionality
http://www.bloomberg.com/apps/news?pid=20601087sid=abn4vsFQjvu8
Sept. 30 (Bloomberg) -- The U.S. Supreme Court
http://www.bloomberg.com/apps/quote?ticker=1000L%3AUS agreed to decide
whether the constitutional right to
Registration of weapons suitable for militia would be constitutional as
part of militia regulation at the unit level, to assess unit strength and
assign duties, but the risk to militia of having detailed reports falling
into enemy hands would dictate that only summary reports be made to higher
This was forwarded to me.
http://www.conservativedrink.com/media/GloverInterview-060809-Video.asp
ttp://www.conservativedrink.com/media/GloverInterview-060809-Video.asp%22
From: Dudley Brown direc...@nationalgunrights.org
ailto:direc...@nationalgunrights.org%22
Subject: Your rights are
It is more likely that the /en banc/ court will reverse incorporation of
the Second Amendment than that it will reverse the exception for county
fairgrounds.
Original Message
Subject: [Volokh] Eugene Volokh: Ninth Circuit Will Rehear *Nordyke v.
King* En Banc:
Date: Wed,
Doesn't need to. The Ninth Amendment covers that. I discuss the issues
in that case here.
But even if there weren't a Ninth Amendment, fundamental rights precede
and are superior to the Constitution. They don't stem from it and don't
need to be mentioned in it. See Social Contract and
If en banc review is granted it should appear at http://www.ca9.uscourts.gov/enbanc/view.php?pk_id=37
and it has not as of this writing. It is overdue for a decision, so at
this point is seems likely there will be no en banc review.
-- Jon
The only standard for being too dangerous and unusual would be
excessive risk to the user or bystanders against whom it is not
directed. Anything the effect of which is confined to its target has to
be regarded as acceptable. All the rest is misdirection that depends on
the use of the weapon
C. D. Tavares wrote:
No, what [the Supreme Court in Miller]
ruled was that because they had no evidence that a sawed-off shotgun
contributed to the preservation and efficacy of the militia, it was the
job of the subsidiary judge to stop throwing the case out of court on
first principles, and
In considering ammunition and firearms that use it let's not forget the
CheyTaC .408,
considered a contender for the role played by the .50 BMG.
-- Jon
---
Constitution Society 2900 W Anderson Ln C-200-322, Austin, TX 78757
Original Message
Subject: [Volokh] Eugene Volokh: Can Lethal Self-Defense, Even Against
Threats of Death, Serious Bodily Injury, Rape, and Kidnapping, Be Made a
Crime?
Date: Tue, 2 Jun 2009 13:32:18 -0400
From: not...@powerblogs.com
To: vol...@lists.powerblogs.com
Original Message
Subject: [Volokh] Eugene Volokh: California Court of Appeal Upholds Ban
on .50-Caliber Rifles Against Second Amendment Challenge:
Date: Wed, 3 Jun 2009 00:19:39 -0400
From: not...@powerblogs.com
To: vol...@lists.powerblogs.com
Posted by Eugene
Infidelity
to the Constitution
Professors Goodwin Liu (Boalt
Hall), Pamela Karlan (Stanford),
and Christopher Schroeder (Duke) just published
Keeping Faith with the Constitution,
which they claim is a bold challenge to originalism (in all its
stripes), on the one hand, and to "living
To
Shake Their Guns in the Tyrant's Face: Libertarian Political Violence
and the Origins of the Militia Movement
by Robert
H Churchill
-- Jon
---
Constitution Society 2900 W Anderson Ln C-200-322, Austin, TX 78757
512/299-5001
To Shake Their Guns in the Tyrant's Face: Libertarian Political
Violence and the Origins of the Militia Movement
http://www.amazon.com/Shake-Their-Guns-Tyrants-Face/dp/0472116827/ref=sr_1_1?ie=UTF8s=booksqid=1240024755sr=1-1
by Robert H Churchill
In the founding era the weapons in common use were the same for both
military and civilians. They even included cannon and warships. The
divergence between what is in common use for each occurred later, in
the 20th century. Neither Miller nor Heller say that it
is only what is in common us for
Numerous studies. Just do a web
search on "suicide killers" or start with the cites in the Wikipedia
article.
See http://www.slate.com/id/2099203/
for the FBI take on it.
-- Jon
---
Constitution Society 2900 W Anderson Ln
Your Article at http://ssrn.com/abstract=1354362
would benefit from incorporating the arguments in my article, Public Safety or
Bills of Attainder?, Jon Roland, University of West Los
Angeles Law Review, Vol. 34, 2002. The issues involved in U.S.
v. Hayes are not going to be reached by a 2nd
My information is that the cartels are not so much diverting firearms
purchased by Mexican police or military, as recruiting the members of
those organizations along with their firearms, such as the former
Mexican special forces personnel called the Zetas. The cartels
buy directly or barter
My sources in Mexico tell me most of the heavier or full-auto weapons
come from China, which is the world's leading manufacturer. The
cartelistas tend to prefer U.S.-made handguns for their reliability,
however. They also like our vests, ammo, etc., although most of the 5.56
and 7.62 ammo also
See *Intent of the Fourteenth Amendment was to Protect /All/ Rights*
http://www.constitution.org/col/intent_14th.htm
-- Jon
---
Constitution Society 2900 W Anderson Ln C-200-322, Austin, TX 78757
512/299-5001
Once again I offer my law review article, Public Safety or
Bills of Attainder? , as the response to this practice.
-- Jon
---
Constitution Society 2900 W Anderson Ln C-200-322, Austin, TX 78757
512/299-5001
Decision at http://supreme.justia.com/us/555/07-608/
Roberts and Scalia argue in their dissent at
http://supreme.justia.com/us/555/07-608/dissent.html that the
construction of the statute is overbroad. No indication that it might be
flat-out unconstitutional. That was apparently not argued by
My law review article, Public Safety or
Bills of Attainder?, has been used in pre-Heller cases. In it I
argue that legislative disabilities of the RKBA are constitutional
prohibited bills of attainder. It is not enough that due process be
done in the original trial if the disablement is not
Original Message
Subject:TO OVERTURN OR LET STAND
Date: Tue, 21 Oct 2008 15:58:34 -0700
From: Dan Gifford [EMAIL PROTECTED]
To: SECOND AMENDMENT GROUP [EMAIL PROTECTED]
When the legislative or executive branch exceeds its legitimate
enumerated powers, the
Original Message
Subject:SELF CONTROL, THE UTILITARIAN CONSTITUTION, LEAVING THE GUN
AND MORE
Date: Mon, 20 Oct 2008 22:43:16 -0700
From: Dan Gifford [EMAIL PROTECTED]
To: SECOND AMENDMENT GROUP [EMAIL PROTECTED]
I don't like guns much, and the reason I
Saul Cornell. A Well-Regulated Militia: The Founding Fathers and the
Origins of Gun Control in America.
New York: Oxford University Press, 2006.
xvi + 218 pp.
Illustrations, notes, index.
$30.00 (cloth), ISBN 978-0-19-514786-5.
Reviewed by: Robert H. Churchill,
Department of Humanities,
Glenn H. Reynolds Brannon
P. Denning, Heller's Future in the Lower Courts, 102 Nw. U. L. Rev.
Colloquy 406 (July 2008).
HTML Version:
http://www.law.northwestern.edu/lawreview/colloquy/2008/23/index.html
PDF Version
Mark Tushnet, Two Essays on District
of Columbia v. Heller:
(1) Heller and the
New Originalism
(2) Heller and the
Perils of Compromise
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1189494
Abstract
The first of these companion essays, "Heller and the New
Originalism," forthcoming in
The issue is broader than forensic evidence. It affects "expert" and
especially "government" testimony of all kinds. (See "testilying".)
Even if parties seek "outside" experts there will always be a tendency
for selection of those "experts" who have developed a bias in favor of
the position of
That goes to the important distinction between the /legal/ duty to
respond to an official call-up, enforced by penalties such as fines or
imprisonment, and the /social/ duty to defend the community. The two
kinds of duty, the first deriving from the constitution of /government/,
the second
town in
Texas where I grew up in the 1950s, which goes a long way to explain why
I founded the Constitution Society.
[EMAIL PROTECTED] wrote:
-Original Message-
From: Jon Roland [EMAIL PROTECTED]
Sent: Jul 9, 2008 1:57 PM
However, there is a social duty to respond
In common use? By whom? Civilians or the military? That line of
argument clearly points to military, and to some serious hardware. It
doesn't work to say by civilians after a long period in which some kinds
of weapons have been forbidden to civilians, but used by criminals.
Perhaps in common
The ACLU is basically its members and reflects their prejudices and
failings. It is worth noting that most of its cases are funded by local
members rather than by the national organization. One will also note
regional differences among its branches. The ACLU of Texas supports the
RKBA because
From: [EMAIL PROTECTED]
Date: Tue, 20 May 2008 18:38:06 +
Subject: Stunning Victory Against Judicial Supremacy
by Phyllis Schlafly
The media have been telling us to watch the gun-control case
now before the U.S. Supreme Court, where we await a
decision about Americans' Second Amendment
A right not being absolute doesn't mean the government has the power to
restrict it legislatively. Constitutional rights are immunities against
actions by government officials, not rules for adjudicating conflicts of
rights among private parties. Legislators can enact judicial
jurisdictions
See my collection of works on militia at
http://www.constitution.org/mil/doc/mil_read.htm . For the questions
raised about the transition from 1792 to 1903 see especially:
William H. Riker, /Soldiers of the States/ (1979) Describes how Congress
created the National Guard to replace the
Fatal
concessions in DC v. Heller?
The oral argument yesterday in DC
v. Heller,
the Second Amendment case before the U.S. Supreme Court, involved what
I regard, and have regarded in the brief as well, as fatal concessions,
even if Heller wins a complete affirmation of the DC Circuit decision
New England Journal of Medicine current issue includes
two articles and oneeditorialon health and the right to keep and
beararms. 358 NE. J. Med. No. 12, 20 March 2008.
http://content.nejm.org/cgi/content/full/NEJMp0800859?query=TOC
-- Jon
Henry E Schaffer wrote:
I don't see how the shall not be infringed concept can be sensibly
interpreted as an absolute right.
No one is arguing that. Read my article carefully.
To take an extreme example - would this mean that convicts have the
RKBA while in prison?
Rights may be
Fairly good article, but it leads the reader up to certain logical
conclusions without taking the next step of making them explicit,
conclusions that I have presented in this forum.
1. The term /militia/ had more than one meaning, depending on context:
a. Defense activity (the original
Gun Battle at the White House?
By Robert D. Novak
Thursday, March 13, 2008; Page A17
In preparation for oral arguments Tuesday on the extent of gun
rights guaranteed by the Second Amendment, the U.S. Supreme Court has
before it a brief signed by Vice President Cheney
opposing the
Joyce Malcolm has done the most work on the English side, but it is more
selective than comprehensive, although there apparently also wasn't much
legislation beyond what is in her book. On the U.S. side the closest are
the books by James Whisker, which we have online at
It should be noted that what we today call gun control laws were rare,
and almost all directed at disarming disfavored minorities, like
Catholics (in England), or Blacks or Native Americans (in the colonies
and early republic). About the first U.S. laws to restrict white males
were the
Actually, although she doesn't come right out and go that far, she does
seem to be implying that. But we can ask her to comment, which is why I
am copying to her address shown.
The Washington Post has been saying a lot of nice things about
libertarians and their views lately. See
For further discussion and perhaps participation.
Original Message
Subject:Fw: Seek partners for amicus brief in DC v. Heller
Date: Wed, 21 Nov 2007 07:13:06 -0600
From: Jon Roland [EMAIL PROTECTED]
Reply-To: [EMAIL PROTECTED]
Organization: Constitution
You are providing the Militia Act of 1792 link on my own website, but it
does not really contain the definition of the general militia, only the
mandatory militia, which is is a subset -- those required to serve. The
more general meaning, which can be discerned in the writings of the
founders, is
I anticipate that the SC will recognize the individual right, but also
leave a reasonable regulation exception, without defining what
reasonable means, that the gungrabbers can drive a truck through, as
they have been. I am aiming to get at least dicta to the effect that the
only kind of
Some of us regard all of those decisions that did not incorporate the
BoR to the states were wrongly decided. See
http://www.constitution.org/col/intent_14th.htm
http://www.constitution.org/ussc/110-516jr.htm
http://www.constitution.org/ussc/211-078jr.htm
I like to explain the Second Amendment by comparing it to another, Art.
I Sec. 4, in which Congress has a pre-emptive power of regulation over
state regulation on the same subject. When combined with the Militia
Clauses of Art. I Sec. 8, it does provide for firearms and militia to be
regulated
Peter Boucher wrote:
Jon seems to
be arguing that
the 2nd Amendment is about protecting federal militia
against being
disarmed by the states. Did I get that right, Jon?
Partly and almost right. The wording of the 2nd Amendment is a command,
as I read it in the
To amplify Guy Smith's point, it is indicative that the articles that
became the Bill of Rights were proposed by the various state
conventions, many of them basing their proposed amendments on the rights
recognized in their own state constitutions. The only question is
whether they had the
Correct, and that is why Madison proposed two articles, one for
Congress and one for the states. The first was adopted and became the
First Amendment (after folding in some additional rights, like speech,
press, assembly, and petition). The second was rejected. But there were
no other
With all due respect, Eugene is missing a critical point here. The U.S.
Constitution may, and does, define rights that apply to both
the national and state governments, and indeed, to all officials
everywhere and at all times. That is what natural rights mean. But it
can also not create a
Be not afraid of any man,
No matter what his size.
When danger threatens, call on me
And I will equalize.
-- From an advertisement for the Equalizer, a Colt Single Action
Handgun(1880-1890)
Be not afraid of any man
Who walks beneath the skies,
For be he tall or be he strong,
I will equalize.
--
This would seem to be a good topic for discussion on this list since
there was no response on the Conlawprof list.
Original Message
Subject:
Second Amendment and the Arkansas Militia Trial
Date:
Mon, 15 Jan 2007 09:32:14 -0600
ce the law. It is not that difficult. Police training should be
mandatory for everyone, armed or not.
Original Message
Subject:
Duty not just to rescue but to defend implicit in militia duty
Date:
Tue, 21 Nov 2006 23:33:56 -0600
From:
Mike Riddle wrote:
n old posting from Usenet
argued thus:
From: [EMAIL PROTECTED]
Newsgroups: talk.politics.guns
Subject: Re: A well-regulated militia
Date: Thu, 17 Mar 94 22:15:55 -0500
Note that the term well-regulated militia was originated by Andrew
Fletcher, in 1698, in a
This question has come up from time to time. It seems clear that the
bulk of precedents does not support a premises proprietor (which would
be the role of an employer) being liable for the criminal wrongdoing of
persons on the premises, as long as there was not clear evidence of
instigation or
The statement below is indicative of a fundamental divide in legal
thought, between "law" as "whatever is enforced", and "law" as "that
which is a written constitution or authorized by a written
constitution, and consistent with fundamental principles of
constitutional government". Ideally,
And don't forget all these:
Private security firms
Civil Air Patrol
Hunting clubs
Red Cross
Volunteer police reserves/deputies/auxiliaries
Neighborhood watch groups
Firearms training camps
Reinactor clubs
Movie and TV producers of war themes
People celebrating Patriot's Day
Veterans groups
According to this site there is much more to the story of the massacre in Port
Arthur than official sources would lead people to believe.
http://www.shootersnews.addr.com/snportarthur.html
If any of this is valid, it puts a new light on firearms regulation in Australia,
and perhaps elsewhere.
http://www.recordonline.com/archive/2006/05/04/news-jhsunyguns-05-04.html
May 04, 2006
Students form militia
New Paltz student leaders say it's to protect rights students' rights
By Jeremiah Horrigan
Times Herald-Record
[EMAIL PROTECTED]
New Paltz - A group of four student leaders here have
[EMAIL PROTECTED] wrote:
If I am correct that the Constitution allows Congress to exclude classes of
citizens from the militia, and to prevent the state from designating those
citizens *as militia*, then the 2nd Am does not protect from Congress the
power of the states to arm their citizens as
Proprietors don't usually post notices prohibiting weapons to be brought onto the
property because they are pacifistic. They mainly do it because they are advised
by lawyers that they risk being successfully sued if someone uses a weapon
unlawfully on the property and they didn't cover
There are other ways U.S. officials and others are misusing terms. When they
use words like Islamic or Muslim as adjectives, even when the noun
modified is a word like extremist, militant, fundamentalist, or
whatever, it is taken by much of the world as an attack on Islam. They don't
use
Paul Laska wrote:
Perhaps we should view Sec. Rice's comments in mid eastern, rather than
American, context.
U.S. officials, sworn to uphold the Constitution, have a duty to use
critical constitutional terms in a consistent way in all contexts. There are
other terms, armed partisans,
While the diplomatic language may have been adopted without due
consideration of the historic constitutional implications and how it could
be misunderstood in that context, we need to point out this out to them. We
can't depend on them to figure it out for themselves if we don't provide
Philip F. Lee wrote:
The militia is essentially a passive organization which should operate
only when called by proper authority or in a dire emergency but still
under the authority extablished by a government.
The position stated above is not consistent with the original concept of
militia
Any kind of defensive activity is militia, as that term originally meant,
including neighborhood watch. In Arizona, New Mexico, and Texas many of the
MP people will be armed, and a CCW permit is accepted by the organizers in
lieu of a background check. We will normally not make citizen's arrests
If you have no objection, I think this should be shared with the others.
The Latin derivation of the term militia (and the Founders were largely
Latin-literate) is discussed at http://www.constitution.org/col/mil_inim.htm
The term means an activity, and only secondarily those engaged in it.
Keep in mind that the original primary meaning of the Latin word militia
was not a body of armed men, but defense activity, and only secondarily
those that engage in defense activity. See Militia v. Inimicitia
http://www.constitution.org/col/mil_inim.htm . Most of the Founders who
contributed to
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