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The United States Supreme Court ruled 5-4 Thursday that the Constitution of the United States guarantees that an individual has an inviolable right to own and use a gun for purposes of self defense. A family in Iraq was just blown up illustrating that principle.
The Court’s radical deconstructionists interpreted the following words,
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
. . . to mean that individuals must be allowed to own guns to shoot those they think might threaten their lives. According to Justice Scalia, the Constitution does not allow communities to enact laws to protect their police and citizens if the law includes “the absolute prohibition of handguns held and used for self-defense in the home.” Some "experts" assure us the decision will have limited practical effect on current laws outside the D.C. case.
In Iraq, however, we just saw a perfect illustration of this principle. From the New York Times:
Hours earlier, an American helicopter fired missiles into a home near Tikrit, killing a family of five, local officials and a relative said.
The episode began when Afar Ahmed Zidan thought he heard thieves prowling near his home in the darkness, a cousin, Hussain al-Azawi, said. Mr. Zidan went outside and fired at them, Mr. Azawi said.
But the men in the darkness turned out to be American infantrymen conducting a search, Mr. Azawi said. They returned fire, wounding Mr. Zidan, who rushed inside and frantically called his cousin to alert him to what had happened, Mr. Azawi said. Then the Americans called in an airstrike that killed Mr. Zidan, his wife and three children, all under 10 years old, Mr. Azawi said.
“The Americans shot two rockets into the house,” he said. The rocket strike also wounded three of Mr. Zidan’s neighbors, who were taken to a hospital, he said.
Officials from the local council in Tikrit, about 100 miles north of Baghdad, said Wednesday that they believed five people had been killed in the American airstrike, and that they had sent a representative to attend the funerals.
The American military confirmed an airstrike had taken place, but said an “Al Qaeda terrorist” had fired at the service members. Soldiers surrounded the building where the man was hiding and called for him to come out, the military said, but after perceiving “hostile intent,” they called in the airstrike.
Is this an unfair analogy? Try substituting the D.C. police on a drug/gang raid for the US Army and a federal S.W.A.T team for the air strike. The resident in a dangerous neighborhood hears the commotion next door. Who can blame the local resident for trying to defend himself and his family? Everyone claims to be justified, functioning under some legal principle, and yet five innocent people are dead. Just an unfortunate mistake? Or a predictable consequence?
John McCain has repeatedly said it’s fine with him if American combat troops continue to occupy Iraq for "a hundred years" as long as there are no US casualties. As best I can tell, the Iraq incident meets his condition, though I doubt our media will notice the connection.
And from Slate’s Dahlia Lithwick:
But I must first pass along this rather brilliant observation from professor Stephen Wermiel from American University, who wonders why none of the dissenters cautioned the majority that today’s decision "will almost certainly cause more Americans to be killed." (Boumediene, Scalia, J. dissenting.)
Related posts:
- Who really bombed Pan Am 103?: Evidence The US Bought The Megrahi Conviction
- On Constitution Day, Celebrate the Rights of People (Not Corporations)
- Early Morning Swim: Special Memorial Day Edition
- US Contractors Held in Iraqi Jail for Green Zone Murder
- Changing of the Guard: US Troops Withdraw from Iraqi Cities; Maliki Declares “Sovereignty Day”





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how about just, “Our gun is bigger than your gun”.. the abiding principle of American foreign policy under shrubco
I still think Warren put it quite well
Digg it
I think “My dick is bigger than your dick” is more appropriate. That’s the Bu’ushCo maturity level. Guns scare people in the administration, except Barnacle, who actually enjoys shooting people.
In your SWAT thug analogy, I stand with the family and against the SWAT militaristic thugs.
No knock on me or bust in (in error or on purpose) in the dead of night and, sure, I will defend myself. Who wouldn’t?
As for Iraq, another reason why we CAN’T win there – that dead family, unjustly killed, just created a whole slew of NEW enemies for the US.
Time to leave and QUIT busting in doors, calling in airstrikes, etc. It is all shit there and we are the one’s that dumped it, not the Iraqis.
Barnacle Dick, always loaded and half cocked.
-G
We must have enemies, even if we have to generate them, in order to keep Americans scared and under control.
bingo!
You have to keep Halliburton, KBR, and Blackwater contracts flowing – they’re the only thing keeping our economy, such as it is, going.
Welcome to 21st Century Murkkka where every Citizen has the same rights that citizens of Germany had under Hitler.
Hail the President!
Hail him for he can break no law!
Hail him or risk jail.
Hail, hail, hail!
Along those lines, when I was looking up Obama’s contributors yesterday, I found Defense Contractors have given him nearly $300,000 in contributions…think this will be a factor in the WH if he makes prez?
And~~I also found he has accepted $10,000,000 plus from Communications companies…definitely a factor in his going back on his word.
Anytime liberty lands on the side of the individual citizens, unfringed.. is a much better day for America. Seems like the only thing this weeks FISA didn’t directly threaten was the second amendment.. But I do think if FISA passes, it will insure American citizens end up defending their homes from government much more than they have since the Civil War.
As for the ongoing illegal genocidal occupation of Iraq… I can hardly blame an Iraqi for shooting at us accidentally or intentionally.
But a funny thing happened with Blackwater, San Diego! h/t Blub.
I’ve spent years telling people that the 2d Amendment doesn’t actually say what they think it says.
Shoulda talked to Justice Scalia, who says I’ve been wrong.
When is Justice Scalia gonna realize that he doesn’t have to worry about getting re-elected?
When is Clarence Thomas gonna learn how to practice law?
When is Justice Kennedy gonna stop making me crazy?
It’s not the Roberts Court – it is now quite clearly “The Kennedy Court”.
With your civil and constitutional rights being consumed one by one by both Rethug and Democrap, you want to disarm the People and prevent the very last possible bulwark against true tyranny?
I don’t do passive resistance to true tyranny.
Oh, and neither did the Founders.
I am a strong supporter of the right to bare arms. Wearing long sleeved shirts in the summertime is a killer, but I do not know what this has to do with today’s goofy Court decision.
Speaking of guns….why would Blackwater be storing AK-47s for their local law enforcement…that they apparently sold them….Why arm the sheriff with AK-47s….WTF is going on here?:
http://www.forbes.com/feeds/ap…..59141.html
Was an article in the news box a couple of days ago. IIRC, that same sheriffs office helped Blackwater acquire the AK’s in the first place.
It stinks…something stinks…
hehe. Perhaps shrub ordered the raids after being tipped off that Barnacle was using BW to plot a coup :)….
FISA pushed off to after recess – for sure.
Reid is reading off a long winded UC agreement with lots of details as to action on July 8.
Keep kicking that can down the road….
McConnell had no objection. I recorded the agreement – it took Reid about 90 seconds of fast reading to get through it.
Ominous but…also practical. I despise Blackwater and the privatized war and mercenarization (I just made that word up) of US law enforcement/border control but it is very practical to keep AK-47s IF you expect more contracts to fight in former Soviet bloc countries or the Middle East.
The AK is the most widespread military rifle in the world, is VERY reliable, cheap as dirt (~$300 a pop), and allows you to simply pick up ammo almost anywhere in the illegal/lawless fight zone.
They would also be great for false flag ops but don’t think about that…
Housing bailout pushed to after recess. Medicare and Supplemental appropriations tonight.
What? No intiendo.
Hope they don’t slip FISA into the supplemental….
and there’s a current News Box Item about the Feds raiding that armory where the AK47s are stored.
See how many true Constitution-lovers there are then. How many among the no votes on cloture on the motion to proceed will still vote no on funding the illegal imperial war in Iraq with the unconstitutional FISA amendment stuck inside it. Bet a goodly number would change sides “for the sake of the troops”.
Is a run down neighborhood really like a war zone? Is there an actual example of what you’re saying ever happening to an individual in cities where hand guns are not banned, or the individual had an illegal hand gun? Bringing a random incident in Iraq where the stakes are much higher and the likelihood for violence is far greater than probably most run down areas of DC into the argument is a bit of a stretch.
In addition, this does not block anyone from enacting stringent regulations on who can get a gun and how difficult it is to get it. What am I missing? Please enlighten me.
Kobe’s upstairs.
Blackwater spokeswoman Anne Tyrrell [snip] said it is not unusual for Blackwater to store automatic weapons because the company is licensed to sell, provide training on, or even manufacture firearms.
Got your WTF and raise you one (see bold). :-(
– Hope they don’t slip FISA into the supplemental –
It’s won’t be. Don’t worry about that. FISA stands on its own under a pretty long UC agreement, and comes up again on Tuesday, July 8.
The worry is that it’ll pass then.
Right. Well, rumor had it the other day that it was going to be put into the supplemental, and I wouldn’t put it past them to do that and then hold a BS vote in July. I put nothing past them at all.. All of them.
The short version: Action today will be H.R.6331- Medicare and H.R.2642 – Supplemenatal Appropriations, then recess.
H.R.3221 – Housing Bailout and H.R.6304 – FISA are pushed out to the week of July 7.
Okay, disregard my comment that is above that I posted before I read yours :)
– rumor had it the other day that it was going to be put into the supplemental, and I wouldn’t put it past them to do that and then hold a BS vote in July –
I wouldn’t either, but I listen pretty carefully and read the Record, and on this one, the rumor about combining the two was okay, but action went the “split the bills” way in the House; and the UC agreement has FISA standing on its own. Two or three amendments, debate times all nailed down, etc.
Exactly right. WE don’t need a FISA Bill; BUSH AND CHENEY need a FISA bill that grants immunity. Why should we carry their water? We should keep kicking that can down the road until, say, 2009?
Bob in HI
I don’t think it’s a stretch to see how this could happen here. War zones in America? See this story from LA.
which is why the libertarians are wrong. Dead wrong.
Thanks for the date. It gives us some time to rally.
When will amendments, such as Feingold’s to remove the Immunity title, be considered? Does Feingold’s amendment have a name?
Thanks,
Bob in HI
– When will amendments, such as Feingold’s to remove the Immunity title, be considered? Does Feingold’s amendment have a name? –
All the action happens on July 8th. I haven’t replayed the UC agreement to grab the
names of the amendment sponsors, but no doubt one will be simply to remove the retroactive immunity language (Title III) from the bill.
At least two amendments will be made pending and voted on. Reid was talking a mile a minute, and it took him over a minute to read the agreement.
One interesting detail – sort of goes unnoticed if you’re focused on one bill, but the Senate filed a cloture motion on a motion to proceed to Medicare. The cloture motion was filed at 7:11 this evening. When do you think the cloture vote will occur?
After one hour of debate, tonight (going on right now).
The Senate does not follow its own rules – makes it challenging to predict what they’ll do.
Can you explain what you mean by this? The article Scarecrow referenced showed no incident of what he’s describing might happen, just that a SWAT team in LA did their job well and no innocents got hurt (unless they are withholding information, which is a bigger problem).
If you want to say that the current hand gun bans in urban areas have prevented this supposed situation, I’m willing to accept it, but I don’t think there’s any hard evidence to back that argument. This situation may have occurred, but I’ve never understood it to be the norm.
Thanks!
Have you taken a look at “A pragmatist’s view on FISA” by NCrissieB over at the Great Orange Satan?
It looks like an important contribution to the FISA debate.
I remember very clearly during the 9/11 hearings about what a “terrible” thing the Wall of Separation between FBI and CIA was, and how the need to keep intelligence operations separate from criminal investigations was “ruining” our ability to anticipate terrorist operations. (Fear! Fear! Be Very Afraid!!!) That lead to the U.S. Patriot Act, which may, in effect, have neutralized the Fourth Amendment, as NCrissieB argues. Is a court test of that anywhere in the works?
I think this whole issue needs to be revisited next year, with a new Congress. In particular, the article in the June 12 issue of the New York Review of Books that compares British anti-terrorism efforts with our own is much on point.
What do you think?
Bob in HI
I’m anti-gun. Period. I also support strongly interventionist/federally-sponsored programs in schools and communities to eradicate gangs, using both soft measures and brute force. I strongly believes that drugs are the real terrorism. Also, please see my last post in the previous thread.
I’m not anti-gun, but I can see every reason for reasonable restrictions and regulations. Say like automatics and AK-47s and those funky rocket launchers. You wouldn’t want me to have something like that, I’d wake up cranky very early one morning and take out that frikken helicopter that lives too near by.
sorry.. I meant my post 93 in the previous thread.. since added more :P
– Have you taken a look at “A pragmatist’s view on FISA” by NCrissieB over at the Great Orange Satan? –
Not til just now. It’s pretty good. See also NSL (National Security Letters). There have been narrow adverse decisions against the NSL aspect of the USA PATRIOT Act. I haven’t followed the issue since the Court ruled the law unconstitutional in view of the fourth amendment (fairly recently too – within the last 6-8 months, by memory)
I emphatically agree that privacy is compromised by alot more than FISA, and that FISA is just (in principle) the narrow class out of international communications. But even there, I think people should have a reasonable expectation of privacy – or, if the government is going to grab all of it, the government should say so, so people can seek alternative means of communication or otherwise code their private communications.
The “wall of separation” was actually entirely within the FBI. I think bureaucratic fiefdoms within the law enforcement community is a bad thing. There are bad guys, the government ought to follow reasonably developed suspicions, and the government ought to keep it’s eyes peeled.
I don’t think Congress will get it right. Not this year, not next year.
The Atlanta Georgia police recently kicked down the door of the home of an elderly black lady in the middle of the night. They made no announcements of their presence or identity beforehand because it was a DRUG BUST! They had the wrong house. She shot at them and they of course all fired back, killing her. There was a lawsuit, but, big deal! She’s dead for having tried to defend herself.
Get ready folks!
Happens far more often than folks talk about.
I think the second amendment was correctly interpreted in this case.
Drugs are associated with violence because there is no civil legal recourse in the illegal drug business. That violence is an unintended consequence of prohibition of some drugs.
De-escalation of violence is not likely with out a change in policy – going after the harms of substance misuse and having a regulated civil market of some form for them. I’ve advocated medicalization as a possible short term policy change.
Police no knock raids are bad tactics that lead to mistakes and dead civilians.
Thank you for an example. Would love to see more cited examples. Will look on my own time.
Eureka, your article just happens to point to the problem being related more to the overuse of SWAT teams for inappropriate situations rather than a problem with gun control.