The Preventables and the Deplorables

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Ayn Rand says somewhere that you don’t understand a specific concept or thing until you can state the general class of objects to which it belongs, and you don’t understand a general class until you can identify some of its specific constituents.

She’s right, of course. The problem is that people can, and commonly do, get the specifics in the wrong classes.

We all know Democrats who meet a Republican and immediately put him or her in the class of Bigots and Dumb Asses. And we all know Republicans who meet a Democrat and immediately put this nice, unoffending person in the class of Destroyers of the Republic. When Democrats or Republicans encounter a libertarian, you can see it going on, right behind their eyeballs — the classification process effortlessly identifying “nice young person” as “good example of the Naïve and Feckless Class.”

Whatever the gunman’s motives, it is difficult to see any way of preventing this kind of thing from happening again, except by holding all public events in a bank vault.

This way of thinking can damage the thinker, as it did when Hillary Clinton naively and fecklessly put many of her potential voters in the “basket of deplorables.” More often, it damages society at large.

We live in a time and place when a vast range of specific problems are automatically put in the class of Things that Can Be Prevented, which is considered equivalent to the class of Things that Should Be Prevented, No Matter What.

The latest example is the horrible massacre at Las Vegas. Whatever the gunman’s motives, it is difficult to see any way of preventing this kind of thing from happening again, except by holding all public events in a bank vault. But before the victims’ blood could be wiped from the streets, talk turned to the question of how to, in effect, construct the bank vault.

I hope that means of putting cancer, insanity, and sheer stupidity in the Can Be Prevented category will ultimately be discovered, but they haven’t been discovered yet. And before you discover a means of prevention, your attempts at prevention are bound to be both feckless and destructive. In fact, if we keep going in this way, we will soon be unable to think, because the only classes of concepts we will have in our brains will be (A) The Preventables and (B) The Deplorables who “refuse” to prevent them.




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The Courts and the Second Amendment

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In 2008, the Supreme Court started a new era of second amendment jurisprudence.

This is no exaggeration. When the Heller opinion was published (District of Columbia v. Heller, 554 U.S. 570 [2008]), I was surprised to learn that the Court had never decided whether the Second Amendment gave individuals (as opposed to collectives, such as militias) any right to keep or carry firearms. That had been an open question. So, Heller was a big deal, and the justices knew it. The case opened a can of worms — hundreds of plaintiffs would try to wriggle out of states’ prohibitions on the possession and carrying of guns. However, the case said very little about the extent of the right or how it could be limited by law.

In restricting private ownership, possession, and use of guns, the D.C. laws went almost as far as imaginable without imposing a complete ban.

How could a legal opinion say so much and so little at the same time? It was the factual context of the decision that made this possible. When I was in law school I heard the maxim “hard cases make bad law,” meaning that cases of extraordinarily sympathetic circumstances (think widows and orphans) might motivate a lawmaker or judge to create a rule that had bad unintended consequences when applied generally. I think that the majority in Heller saw the case as sort of the opposite: an easy case to make good law. The plaintiff was challenging the laws of the District of Columbia. In restricting private ownership, possession, and use of guns, the D.C. laws went almost as far as imaginable without imposing a complete ban. Private ownership of handguns was banned. Rifles and shotguns might be kept at home but locked or disassembled, in other words, not useful in an emergency.

Finding an individual right in the Second Amendment was a big step. But if you wanted to make that big step as small as possible, the facts behind Heller were just about perfect.

What Heller said was that the Second Amendment gave the plaintiff some kind of individual, civil right, and that right was enough to invalidate D.C.’s heavy restrictions. It was a very limited application of an individual right. Even so, the opinion, a 5–4 split of the Court, drew sharp criticism from the dissenting minority and also from some very good scholars, including Richard Posner, generally thought to be a conservative from the “law & economics” school of jurisprudence. Critics accused the conservative majority of being unprincipled by practicing judicial activism instead of the restraint they often championed.

How far do the rights established in Heller go? What other restrictions on guns might be unconstitutional? Nobody knows. The individual right may be very modestly interpreted. Maybe every other gun law in the country is still constitutionally permitted.

Heller must mean a little bit more than sitting in your bedroom with a shotgun. Eventually, starkly contrasting circuit court cases will force the Supreme Court to say more.

The lower courts and the circuit courts of appeal have had to deal with Heller many, many times. The appeal of California’s Peruta case (Peruta v. County of San Diego, 824 F.3d 919 [9th Cir. 2016] [en banc]) gave the Supreme Court an interesting opportunity to apply Heller. In Peruta, the Ninth Circuit said that the Constitution does not give individuals any right to carry concealed firearms. In California, concealed carry requires a license, granted only for “good cause.” Licenses are rarely and, the plaintiffs would say, arbitrarily granted. Also, open carry is generally banned, by California Assembly Bill No. 144. The Ninth Circuit explicitly declined to say whether banning open carry was constitutional. Therefore, Peruta presents a nice little web of questions. Can all public carry be banned? Maybe. Heller was about keeping guns at home. But its principles seem to go much farther, once this is determined to be an individual right: “the right of the people to keep and bear Arms, shall not be infringed.” Can concealed carry be banned when open carry is permitted? Can open carry be banned when concealed carry is permitted? Can open carry be banned while concealed carry is extremely limited (the current law in California)?

We know that the Supreme Court does not want to answer any of these questions right now, because on June 26 it declined to hear the appeal. That means fewer than four justices voted to take the case. It does not mean they agree with the Ninth Circuit or that they disagree.

I guess that, if forced to decide, the Court would find something wrong with California’s restrictions. Heller must mean a little bit more than sitting in your bedroom with a shotgun. Eventually, starkly contrasting circuit court cases will force the Supreme Court to say more. For now, outside of a few states like California, the political battle for gun rights is way ahead of the courts. All but about 15 states have either “shall issue” licensing or no license requirement at all for the concealed carry of handguns.




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The Proofreaders’ Puzzle

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“Donald Trump’s Governing Styles Has Critics Up in Arms” — thus the headline of an article in U.S. News & World Report (April 14).

Oh, does they?

The article presents evidence that it hasn’t been proofread any better than the headline. Try this passage: “For one thing, it's clear that Trump is not a devotee of reading, whether it's newspapers, books or memos. Instead, he is most moved by what he sees and hears in a most fundamental sense.” I’m still trying to figure out what it would mean to see and hear in a fundamental sense. And a nasty thought creeps into my mind: maybe this stuff has been proofread. Maybe someone was striving for that asinine repetition of “most.” And maybe someone doesn’t know that “styles” is plural.

I’d prefer that politicians spent all their time on the golf course, where they can do little harm, except to their egos.

Isabel Paterson, who had a lifetime of experience in journalism as both writer and proofreader, observed that “there is an irreducible minimum of pure error in all human affairs.” Good people, famous people, might proofread a text and yet leave “some peculiarly glaring mistake, probably in the front-page headline.” Even Liberty has had some proofreading errors. But if my suspicions are correct, the U.S. News nonsense fits a pattern, not of inadvertent error, but of sheer and sometimes willful ignorance. Nowadays, one isn’t surprised to find errors in a most fundamental sense in every morning’s news reports.

Here’s the Daily Mail (April 9),captioning a picture of President Trump going out to golf for the 16th time since assuming office:

Trump (pictured Sunday leaving Mar-a-Lago) is far outpacing his predecessor, who he repeatedly criticized for hitting the links.

It’s an apt critique of the president — although I’d prefer that politicians spent all their time on the golf course, where they can do little harm, except to their egos. But “who he repeatedly criticized”? Haven’t they ever heard of “whom”? As I write, the mistake has not been corrected; and when the article appeared on the conservative blog Lucianne.com, the headline reproduced the error in the caption:

Trump makes his 16th trip to a golf course since inauguration — far outpacing Obama, who he repeatedly criticized for hitting the links.

How many times during the past week have you read something like the following in a supposedly high-class journal?

The injured woman laid on the sidewalk.

Police drug the suspect out of his car.

The majority leader snuck an extra $100 million into the budget.

I just googled snuck, and in a third of a second got 13,100,000 results. Not all of them, I am sure, are reproductions of an illiterate rural dialect.

It’s disturbing to discover how few people who live by talking and writing understand common English verbs. This demonstrates (A) a collapse of the educational system, (B) a lack of interest in reading real literature, (C) a lack of sensitivity or curiosity about words, or (D) all of the above. Whatever the cause, it’s horrifying.

Tucker Carlson, the libertarian-conservative television personality, is a favorite of mine. I don’t enjoy criticizing him. But here goes. Carlson comes from a wealthy family. He attended La Jolla Country Day School and St. George’s School. He has a long career as a journal writer and editor. He has written a book. It is this Tucker Carlson who, on his April 4 program, discussing the word “monitoring,” which he used for government surveillance in general but his guest, Democratic Congressman Brad Sherman, refused to apply to the surveillance activities of Susan Rice, declaimed:

You see the Orwellian path we are trodding.

Trod on, Tucker. Maybe you’ll eventually trod up against a grammar book.

Ignorance of grammar . . . shall we become still more fundamental and consider ignorance of meaning? On April 10, a man named Cedric Anderson went into a classroom in San Bernardino, California, and killed his wife, a teacher in the school, a child she was teaching, and himself. The next day, the Los Angeles Times ran a story with this headline: “He was a pastor and a gentleman: ‘She thought she had a wonderful husband.’” The idea that Anderson was “a pastor” gives that extra little tingly irony to the story, doesn’t it? It’s a word the Times sought, grabbed, and flaunted — a mighty important word for the Times. But you cannot be a shepherd if you do not have a flock; you cannot be a pastor if you do not have a congregation. Reading through the article, one finds that this basic meaning of the word was totally lost on the LA Times, which was well satisfied with the following evidence of Anderson’s occupation:

Najee Ali, a community activist in Los Angeles and executive director of Project Islamic Hope, said he knew Anderson as a pastor who attended community meetings.

"He was a deeply religious man,” Ali said of Anderson, who sometimes preached on the radio and joined community events. “There was never any signs of this kind of violence . . . [O]n his Facebook he even criticized a man for attacking a woman."

On April 12, our friend the Daily Mail published a more accurate description of Anderson, calling him “a maintenance technician and self-described pastor.” But no one seemed interested in finding out whether Anderson was currently employed (which he seemingly was not) or in saying what a “maintenance technician” might be. The “pastor” identification continued to appear in other “news” venues — until journalistic interest in the story died without repentance, a couple of days later.

It’s disturbing to discover how few people who live by talking and writing understand common English verbs.

Let’s proceed from ignorance of meanings to the corruption of them.Last month’s Word Watch delivered a sharp rebuke to CBS radio news for its childishly politicized language. I could have said more about that, so I will right now.

Here on the cutting-room floor is an item that I might have mentioned last month, but didn’t. On March 3, CBS radio ran a story about Vice President Pence, who was criticizing Hillary Clinton’s use of email. Maybe the good people at CBS thought what you or I would have thought: “Oh great — we have to report on a dull speaker saying obvious things about a familiar subject.” But the report they produced was dull in another way — dull as in dim-witted, stupid, just plain dumb. CBS blandly announced that in making his comments, the sleep-inducing Mr. Pence had been “almost rabid.”

Of course, that’s an overt politicization of the news, but why is it dumb? It’s dumb because the statement itself is rabid, and therefore self-defeating. It’s dumb because the writers obviously didn’t realize that. And it’s dumb because of the pretense at delicate qualification that’s supposed to keep listeners from realizing that they’re listening to propaganda: “We didn’t say that Pence was rabid. We said he was almost rabid. We’re doing the best we can to be fair to this fascist.”

This is the network whose clinically objective way of identifying Supreme Court nominee Gorsuch was to call him “conservative ideologue Neil Gorsuch.” Not an opinion, mind you; just a fact: he’s an ideologue by profession, a card-carrying member of the Association of American Ideologues. But please let me know when you hear CBS referring to liberal ideologue Charles Schumer or liberal ideologue Elizabeth Warren — or liberal ideologue Ruth Bader Ginsburg.

It’s dumb because the statement itself is rabid, and therefore self-defeating.

A more interesting example of dumb people trying to do your thinking for you occurred on March 26. It was also on CBS radio news, but unfortunately it could have happened on any of the other networks, TV or radio. On that day I tuned in to hear that police were still assessing, or some verb like that, “the latest incident of gun violence.” So I started assessing, or some verb like that, this latest incident.

What had happened was that, 15 hours before, there had been a fight in a bar in Cincinnati, and shots had been fired. One person had been killed, and more than a dozen injured. This was a terrible, but hardly an unprecedented, event. It’s not clear that it was a big enough story to run in a national broadcast containing only about three minutes of news, but if you wanted to run it as a major news story, how would you package it? What category would you put it in?

I can say, without fear of sensible contradiction, that in the history of normal, quasi-objective news reporting, two categories would have occurred to almost everyone: shooting and bar fight. But those were not the categories that occurred to CBS. To the network’s news providers, this was violence, and it was gun violence, and it was the latest instance or example of the same.

Let’s take the last category first: latest. During the 15 hours between the shooting and the news report, how many fatal shootings do you suppose had happened? In 2016, there are said to have been 2,668 “murders by gun” in the United States. I assume that such murders are more numerous on weekends, but supposing that they happen at a uniform rate, this means that during those 15 hours there should have been fiveof them. If, however, we are looking at gun violence, or as normal people call it, shootings, we find that in 2016 there were 3,550 incidents in Chicago alone (up from 2,426 during the previous year). Other things being equal, there would have been six of these shootings in Chicago during the 15 hours.

This was a terrible, but hardly an unprecedented, event. It’s not clear that it was a big enough story to run in a national broadcast.

So the category of the latest is bogus. But what does it mean to be looking for the latestincident of something? Commonly, it means that you have an argument to make, and you’re seeking fresh examples or instances that you can use as evidence for your argument. Otherwise, the latest, the very latest, only the latest, etc., wouldn’t mean much. So CBS wanted to offer more than news; it wanted to push an argument.

It’s the perennial argument of all the established news providers. It isn’t that there are a lot of people who are on the losing side of violence, or that violence is increasing in certain parts of America, or that violent crime is a scandal, or that the trillion-dollar programs of our welfare state, which are meant to minimize crime by reducing poverty (because we all know that crime comes from poverty, and poverty is cured by welfare), are not working. No. The argument is simpler. It is simply that guns are bad.

Turn we now to the categories of violence and gun violence. A ride through any neighborhood populated by modern-liberal professionals, the men and women who populate what is jokingly known as America’s news organizations, will show you what they value and what they don’t. Valued: 6,000-square-foot private homes, organic food, nonthreatening gyms, skin care, expensive restaurants, wine tasting rooms, Nordstrom-class shopping centers, complex landscaping (and thus, illegal immigrants), household alarm systems, gated communities, on-street surveillance cams. Not valued: filling stations, churches, massage parlors, check-cashing emporia, rental units, fast food, homes of illegal immigrants, Walmart, trucks parked on the street, bus stops, strip malls, bars. In the precincts set aside by the professional classes for the worship of themselves, there is no occasion for violence or gun violence. No fights, even fistfights, ever take place. And nobody ever goes to a gun convention.

For these denizens of Valhalla, violence is an exotic word, and a thought-paralyzing concept. Having no relatives, friends, or acquaintances who commit violence, they regard it with a superstitious terror, like a creature from another world. No, not like such a creature, but literally that creature. Their own forms of misconduct are quiet, genteel, non-disruptive — false statements to clients, false statements to the public, false declarations on financial forms, extortionate lawsuits, bribery of public officials (in marginally legal ways), the occasional in-doors sex offense . . . the honesty of violence is missing.

A ride through any neighborhood populated by modern-liberal professionals will show you what they value and what they don’t.

They therefore do not understand how violence could happen. It could not be rooted in human nature. After all, they themselves are human, and they don’t commit violence. Neither could it be the outlet for aggressions that they also feel, but are afraid to act on. And surely it could not result from barbaric ways of life made more barbaric by elitist efforts to reform them — the kind of efforts for which the professional classes always self-righteously vote. It can only be explained as the product, not of human beings, but of things. The things are guns. Hence the category of gun violence.

The phrase is brutally unidiomatic. Was Lizzie Borden accused of committing hatchet violence? Did Jack the Ripper practice knife violence? Did Hitler invade his neighbors with tank violence? But now we have gun violence, and the distance of this phrase from ordinary speech should alert us to both a certainty and a prima facie probability.

The certainty is that it’s a carefully made-up term. There was no necessity for it; words already existed to cover all its applications, and cover them specifically — such words as the aforementioned shooting and bar fight, but alsoshooting spree, gang war, hold up, crime of passion, and so on. When you make up a vague, new, general term to replace established and specific ones, why are you doing it? Because the existing terms don’t serve your argument. Thus, global warming (once global cooling), which was specific enough to be refuted, yielded to climate change, which means anything you want it to mean, but still suggests that something needs to be fixed — by the people who invented the term.

Was Lizzie Borden accused of committing hatchet violence? Did Hitler invade his neighbors with tank violence?

What is gun violence? It may not be a homicide; it may not be an actual shooting; it may be threatening someone with a gun; it may mean using a gun to kill yourself. Yes, a suicide may also be a shooting, although that isn’t what the nation is supposed to get upset about; the professional classes insist on their right to kill themselves in any way they choose. But they will insert suicides into the statistics about gun violence anyhow, because that’s the purpose of gun violence: itlumps everything together — a bank holdup, a Mafia intimidation, a hunting accident, a crazy creep who kills a cop, a crazy cop who kills a creep, and Frankie of “Frankie and Johnny”:

She didn’t shoot him in the bedroom,
She didn’t shoot him in the bath,
She didn’t shoot him in the parlor;
She shot him in the ass.

So much for the certainty: gun violence was invented to push an agenda. Now for the prima facie probability, which has to do with the nature of that agenda: gun violence was invented, and is used, as a two-word argument for getting rid of all guns. Of course, I should have written “a two-word non-argument,” because you can’t win an argument by shifting terms around. You can’t win such an argument with intelligent people, anyway.

Now we return to my constant theme: these people bellied up to the conference table, talking about how primitive and dumb the rest of the country is — who are the dummies, after all?




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Welcome to My Neighborhood

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The first time we saw Connie she was packing a snub-nosed .38. It was strapped snugly to her narrow hips, which were wrapped in skin-tight jeans — knee-high black leather boots and matching jacket rounding out her outfit.

She didn’t look around as she mounted her Harley — or put on a helmet. Her dirty blonde mane was blowing in the breeze. Connie was hot, albeit a bit rough around the edges — what some people might call “rough trade.”

We’d just moved in across the street from her house, a plain, white block bungalow without frippery or landscaping, other than a lawn, doubtless maintained because of the nearly free irrigation water available — and her job.

Connie was hot, albeit a bit rough around the edges — what some people might call “rough trade.”

Parts of the Phoenix metro area are serviced by the Salt River Project (SRP) irrigation district, organized in the 1800s to exploit the flows of that perennial river for the benefit of the surrounding desert farms. Today, much of the farmland has been turned to housing, and the irrigation water, delivered by canals, to lawns bordered by berms to retain the water.

The schedules for lawn flooding are on a rotating continuous timescale, with no lawn receiving its share at the same time each irrigation period. Floodgates may be opened or shut at any time of the day or night, according to SRP’s schedule. Most homeowners, people who work regular jobs and value their sleep, prefer to hire out this task. Enter Connie, who, for a small fee, was available to take care of your irrigation responsibilities.

Within days after our move into the neighborhood, Connie came over to introduce herself, scope us out, and proffer her services. It didn’t take long for her to feel comfortable and express her relief that we weren’t black or Mexican. Before she got too carried away, ranting and raving against those two groups, I told her I was Cuban-American and my wife was Mexican-American.

She said she’d been married to a founder of the Aryan Nation, a white prison gang. I’ll let that sink in for a minute.

She said that was of no consequence. She was prejudiced against these people as a group, not against particular individuals, and she added that one of her best friends was black.

Yeah, right, I thought. To allay our doubts, she explained.

She said she’d been married to a founder of the Aryan Nation, a white prison gang. I’ll let that sink in for a minute. We had needed at least as long to absorb it. (What sort of neighborhood had we moved into?) She continued, explaining that the gang had been formed for protection and that racial and ethnic affinities were the simplest methods for organization. The gangs — black, white, and Chicano — set behavioral rules and enforced them. Compliance led to respect, and respect to incipient friendships — the tortuous path that had led her to a friendship with a black.

Whether Connie was a racist might be debatable, but her opinion of men was definitely single-minded. Glancing at Tina, my wife, and then locking eyeballs with me she declared in no uncertain terms that all men were after the same thing. Sex — no exceptions.

We signed up for her irrigation services.

Connie never answered her door. She figured only bad news would come calling. All visits had to be prearranged. Her house was ringed by security cameras, footage from which was usually available to neighbors to figure out neighborhood mysteries. On at least one occasion, she helped resolve a vandalism incident. Her boyfriend, a muscle-bound, tattooed skinhead in a permanent tank-top, was surprisingly modest and self-effacing. He would often wait hours in front of her door for a response.

Connie, however, was a meth head and occasionally went on binges. Once past the high, she’d get nasty and combative but then, when coming down, would sink into maudlin depression. Her solace was Frannie, our octogenarian neighbor. Frannie was a talented oil-on-canvas painter, fluent in Mandarin and Swahili, and a horny old woman. She and Tina would often share a glass of wine in the afternoon under the carport and talk men. I think it was Frannie’s affinity for Tina that facilitated Connie’s trust in us.

Connie never answered her door. She figured only bad news would come calling. All visits had to be prearranged.

Connie once invited Tina to a shooting range. She’d always wanted to try some shooting, so she enthusiastically accepted. Connie provided Tina with what Tina called a “complicated” handgun, while Connie took a semi-automatic rifle (Tina, knowing little about guns, called it a machine gun).

The female bonding experience was going well until Tina became friendly with the cops who were sharpening their skills in the adjacent gallery. Connie turned combative and abruptly cancelled the date.

Her immediate neighbors were of two minds about her. The family due west was reminiscent of the Gallaghers, the family depicted in the TV series Shameless — dissolute, disorganized, undisciplined, and possessed of a passel of kids. Connie pirated her TV cable off their cable and, I believe (I didn’t pry), shared the monthly fee. The family due east was a couple of editors for the Arizona Republic, the state’s leading newspaper. They and Connie were feuding — something having to do with a tree growing over the cyclone fence separating their back yards.

When Connie found out I was a mason, she asked that I build a block wall between her property and these neighbors’. Except for those lots, most properties in the old subdivision were separated by four-inch-thick block walls supported every ten feet by eight-inch-thick block pillars. I agreed, but I needed to look at her back yard to estimate the extent of the job. She took us over for a look.

Her home was neat and clean. She’d remodeled the tract house to carve out a tiny control room where she monitored the surveillance cameras, and a gun closet where her arsenal was stored. But her bedroom took the cake. A four-poster, crinolined, oversized bed dominated the room, together with a four-by-eight mirror on the ceiling. We didn’t ask.

Frannie was a talented oil-on-canvas painter, fluent in Mandarin and Swahili, and a horny old woman.

Connie didn’t depend for her income on just being the irrigator. When a neighbor discovered her call-girl website, the place went ballistic. (Meanwhile, of course, all the men surreptitiously peeked at her website.) Two doors down from Connie and one door down from the Gallagher-like family lived a cop. He knew all about Connie. He refused to get involved. His philosophy was, if Connie didn’t disrupt the neighborhood, he left well enough alone.

One midday our house was broken into. Purely by happenstance, Tina showed up while the burglar was inside. Tina didn’t hesitate; although small in stature, she was fearless, a rock climber, and built like a female Schwarzenegger. She opened the door and bee-lined toward the hubbub. Catching the thief as she was attempting to climb out the window, Tina wrestled her to the ground and was about to begin pounding when the woman yelled that she was pregnant.

Having been brought up by drug-addled parents in dodgy environments and shuttled between foster homes, Tina had street smarts and could spot a line of BS instantly. “That jewelry that you stole was given to me by my husband just before he was killed in a shoot-out,” she responded, giving the thief pause.

Tina dragged her to the phone and called 911. The operator told her not to attempt to apprehend the thief. While Tina was on the phone, the thief slipped her grip, ran across the street, and jumped up on the four-inch block wall separating Connie’s house from her cable-sharing neighbors. Then, incredibly, she ran atop its length to the next street, where her car was parked. For all her athletic abilities, Tina couldn’t catch up, though she did provide a description of the car.

Catching the thief as she was attempting to climb out the window, Tina wrestled her to the ground.

The thief didn’t get away. Two female officers had already been dispatched and caught her attempting to flee. Tina ID’d the woman and, expecting a lecture about taking the law into her own hands, apologized to the officers for not following the dispatcher’s orders concerning the thief’s apprehension. Instead, the cops congratulated her and expressed a wish that more citizens would get more involved. They added that the woman had done time and was under suspicion and surveillance for similar burglaries in the area — one reason they’d been able to respond so quickly.

When we related these events to Connie, she said the woman was lucky she hadn’t broken into her house.

I never built a wall for Connie; she was too unpredictable. Instead of improving, Connie’s situation deteriorated. She took more drugs, got more combative, and alienated more neighbors. We sold our house at the top of the market bubble (the one that Treasury Secretary Tim Geithner didn’t spot), made a tidy profit, and moved away. Frannie told us that Connie ended up in prison for, I think, owning a firearm — a no-no for a convicted felon.

I love a diverse neighborhood: academic editors, polyglot artists, cops, Aryan Brotherhood meth heads, Cuban & Mexican-Americans, housing bubble speculators, handy call girls, classic car collectors, and other unique personalities we never got a chance to meet.

Our new neighborhood in a small town, anarchic in a completely different way, is calmer. While the characters aren't quite so extremely colorful, the property mix — along winding and hilly streets that change names seemingly without logic, and irregular land parcels — contains multimillion-dollar homes on acreage next to mobile homes and modest DIY homes on small lots, and even a nearly perennial creek called Miller Creek. We don’t even lock our doors.




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President Blunderbuss

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I have a confession to make. Some of our readers won’t like it. In other quarters, it might lose me friends. But even though I didn’t vote for Donald Trump — in fact, I argued in these pages for a Libertarian vote — I’m glad he won.

On election day, I was downcast. All the self-proclaimed experts predicted a big win for Hillary Clinton. Under the current and blessedly soon-to-be-past Democratic administration, my financial prospects lurched from bad to worse. I wasn’t sure where I’d be after four to eight years of the Queen Presumptive’s rule.

Then came that rollercoaster evening of election returns. As more and more of the mainstream media’s pundits beat their breasts and wept, my mourning turned to gladness. Or, at the very least, to relief. The lesser of two evils may indeed, as the maxim says, still be an evil. But unlike the evil of a Hillary Clinton presidency, this one is unlikely to destroy our country.

On Facebook, I am happy to have many libertarian friends. Some, like me, are happy that Trump will be the next president. Others thunder that they warned us not to sully ourselves by voting, and that even rooting from the sidelines for either of the contending “Republicrats” gave aid and comfort to aggression. That being a thing to which any good libertarian must, by ironclad principle, stand opposed.

Well, I frankly disagree. In fact, I think these folks would do well to reexamine our cherished nonaggression principle in the cold light of present reality. Certainly it opposes the initiation of force against others. But it accords us every right to self-defense.

Do I want thugs to break into my house and brutalize and rob me? That’s what the Democrats have done for the past eight years. It’s what they would undoubtedly have continued to do, if the coronation of Hillary Clinton had gone on according to plan.

By every sane interpretation of the nonaggression principle, if I am sitting peacefully in my living room recliner, and thugs break through my door, I have every right to grab my gun. Now, my weapon of choice happens to be a Lady Smith .357 Magnum. But that particular Lady didn’t happen to run for president this year.

The weapon that ran, and won, is more of a blunderbuss. Donald Trump is noisy, crude, and uncouth. His buckshot singes the whiskers of everybody near him — friend as well as foe. When he takes aim, though he usually hits his target, it’s seldom with great precision. But in a pinch, when our backs are against the wall and our enemies are closing in, a blunderbuss is a mighty good thing to have handy.




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Give Up Your Guns

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A few years ago, there appeared online a satire of an American religious group, written by a disaffected member. This group — the name doesn’t matter — believes that because the present world is wicked, God will soon destroy virtually all its people in an apocalyptic war against his own creation. The satire, which unfortunately I can no longer find, went something like this:

Problem: Crime is rampant in our society.
Solution: Kill 7 billion people.

Problem: Violence plagues many countries of the world.
Solution: Kill 7 billion people.

Problem: Sexual immorality continues to increase.
Solution: Kill 7 billion people.

Etc.

I was thinking about this on December 2, as the chorus of modern liberal shrieks went up about the events in San Bernardino. The president and Mrs. Clinton started shrieking even before the crimes had ended, and they have continued in the same way, as if the addition of facts and information meant, and could mean, absolutely nothing. And indeed, they can’t mean anything to the shriekers, because their solution to every problem is the same: end the right to bear arms.

To them, it makes no difference who was using the guns, or whether the guns were legally acquired, in a state that has some of the toughest gun laws in America. It makes no difference that the terrorists were obviously dedicated enough to acquire guns, no matter what laws existed to prevent them. It makes no difference that . . . But why expand the list? Nothing makes a difference to the gun controllers’ apocalyptic worldview. It’s their religion, and it cannot change. It can only be preached at a higher volume.

Certainly it makes no difference to them that normal Americans have pretty much stopped caring what these particular prophets of doom are saying. We’ll see how much difference it makes to normal Americans that a sizable number of their leaders are religious lunatics.




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Full Mental Jacket

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When this essay is published, it may not pertain to the current news. But if it doesn’t, it soon will. Some deranged gunman shoots a bunch of people every couple of weeks.

Every time this happens, public reaction is predictable. On the political left, a clamor is raised to do something — anything! — about gun violence; while on the right, we are reminded that guns don’t float around causing mayhem without people attached to them, so people must be blamed.

While I often disagree with conservatives, on this issue I’m in complete accord. Let me make that clear from the start. I would never advocate the confiscation of weapons, because I have a small arsenal of my own. I would not feel safe without it, and yes, every firearm I have, I’ve taken the effort to learn how to use.

Gun control is so unpopular, with a wide swathe of the population, that gun-grabbers must proceed with caution. Even some hardcore leftists own guns, and would be loath to give them up. Thus must those who want to take them away press for legislation that achieves their purpose incrementally. They operate by stealth.

They’re so much saner than the rest of us, don’t you know, that our fitness to defend ourselves, our families and our homes is supposedly best left up to them.

Their new favorite tactic is advocating that mentally ill people be banned from owning guns. I see one problem with this, and it’s big enough to drive a fleet of trucks through. Precisely who gets to determine who’s too crazy to have a gun and who isn’t?

We can be pretty sure that leftist authoritarians envision themselves in the judgment seat in this matter, as in so many others. They’re so much saner than the rest of us, don’t you know, that our fitness to defend ourselves, our families and our homes is supposedly best left up to them. The same people who are chewing their brains into wads trying to decide whether Hillary Clinton or Bernie Sanders should be president see themselves (and Hillary or Bernie) as the arbiters about who is protected or not protected by the Second Amendment. Or if it protects anyone at all.

It may seem indelicate of me to suggest that such people might be influenced by political considerations, that they’re likely to claim that libertarians and conservatives — who are, indeed, the most likely to own firearms — are all psychologically unfit to be let loose with deadly weapons. Far be it for me to say that. Even though — for all their protests of concern for the rights of the marginalized — most “progressives” show very little interest in protecting the rights of the mentally ill. Nut-bashing has been such a huge part of their offensive for so many years that they have been slow to get on board with any movement to speak out on their behalf.

Once the people with pretty hair in the big-corporate media — the stars of rap and sports and motion pictures — begin telling the public how cool it is to care about some marginalized group, the little minions usually follow with enthusiasm. That tendency isn’t gaining much momentum yet on this cause — probably because they aren’t through marginalizing the mentally ill, either now or at any time in the foreseeable future.

Progressives want everyone to depend on the protection afforded by police, even as cops across the country are making war against the citizenry.

Especially contemptible has been the treatment the left-leaning media has given prominent libertarians and conservatives, such as Glenn Beck, whose pasts include mental health issues. Though they’re fond of issuing “trigger warnings” about a plethora of other sensitive concerns, they gleefully take sticks to their favorite piñatas, proclaiming them “whacko” or “a few bricks short of a load.” Now they dream of doing more than shaming and stigmatizing anybody who refuses to march in lockstep with their advance to power. They want to render them utterly defenseless.

“Progressives” want everyone to depend on the protection afforded by police, even as cops across the country are making war against the citizenry. The very people we’re paying to protect us are often engaged in brutalizing us (and not just people of color, but whites as well). Those suffering from mental disorders are muchmore likely than the general population to be roughed up, or even killed, by the police. So much for the statist left’s supposed concern for the vulnerable.

It’s hard to believe that this outrage against guns is motivated by merely the usual arrogance of authoritarians on the left. I suspect that, indeed, they want everybody disarmed for a reason. But of course when I tell them this, they reply that I’m a typical nutty libertarian.

I don’t care that they think they’re smarter than everybody else. Nor do I have any reason to trust that they’re saner. If they think I’m going to surrender my guns, they are themselves several crab puffs shy of a pu-pu platter.




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They Don’t Know What Everyone Else Knows

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According to an AP report of July 17, the FBI is feverishly hunting for a motive for the terrorist massacre committed in Chattanooga by a radical Muslim named Mohammad Youssef Abdulazeez:

Authorities “have not determined whether it was an act of terrorism or whether it was a criminal act,” Ed Reinhold, an FBI special agent in charge, told reporters. “We are looking at every possible avenue, whether it was terrorism — whether it was domestic, international — or whether it was a simple, criminal act.”

“We have no idea what his motivation was behind this shooting,” Reinhold said.

A leading Muslim imam did better, lots better. Suhaib Webb, who leads an Islamic institute in Washington DC, said, “It will probably be that he’s done this in the name of some radical Muslim group. . . . No official motive has been established, but sadly, I've seen this too many times. While millions are excited to celebrate Eid [the Muslim holiday], groups like ISIS, al-Qāidah and others continue to show that they have no regard for life or traditions, Muslim or not, young or old.”

But back to the FBI agent. For what reason would he possibly say such a preposterous thing? For what reason should anyone be paid for suggesting that he and his colleagues had “no idea” what they were doing? It used to be that we paid cops less, and they had more brains.




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Election 2014: The Ballot Measures

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Libertarians should take encouragement from some of the ballot measures in the Nov. 4 election:

Medical freedom

Arizona voters passed Proposition 303, which seeks to allow patients with terminal illnesses to buy drugs that have passed Phase 1 (basic safety) trials but are not yet approved by the Food and Drug Administration.

To libertarians, this is an old and familiar cause and one in which it is easy to find allies if people are paying attention, which most times they are not. The movie Dallas Buyers Club provided an opening, and this year legislatures in Colorado, Missouri and Louisiana passed what are now called “Dallas Buyers Club” laws. In Arizona, the cause was promoted by the Goldwater Institute.

Opponents have said that such laws will give many terminal patients false hope, which is surely true. But it is better to give 90% false hope if 10% (or some other small share) obtain real benefit, if the alternative is an egalitarian world of no hope for all. And it ought to be the patient’s decision anyway.

What the FDA will do about the “Dallas Buyers Club” laws is a question; as with marijuana, the matter is covered by a federal law, if one of questionable constitutionality. At the very least the Arizona vote, a whopping 78% yes, should give other states, and eventually Congress, a political shove in favor of freedom.

Marijuana

Legalization measures were first passed in 2012 by the voters of Colorado and Washington (the two states that had the Libertarian Party on the ballot in 1972). They have been followed this year by the voters of Alaska, which passed Measure 2 with 52%; Oregon, which passed Measure 91 with 55%; and the District of Columbia, which passed a decriminalization measure, Initiative 71, with 65% yes.

Alaska and Oregon were early supporters of marijuana for medical patients, as were Colorado and Washington. When the opponents say medical marijuana is a stalking horse for full legalization, they are right. It is — which means that more states will join Alaska, Washington, Oregon, and Colorado.

On Nov. 4 Florida rejected medical marijuana, but only because it required a 60% yes vote. Florida Amendment 2 had nearly 58%.

Taxes

In Massachusetts, which several decades ago was labeled “taxachusetts,” voters approved Question 1, which repeals the automatic increases of the gas tax pegged to the Consumer Price Index.

In Tennessee, Amendment 3, forbidding the legislature from taxing most personal income, passed with a 66% yes vote. Tennessee is one of the nine states with no general income tax, though it does have a 6% tax on interest and dividends, which will continue.

In Nevada, 79% of voters rejected Question 3, to create a 2% tax on adjusted business revenue above $1 million. Proponents called it “The Education Initiative” because the money was to be spent on public schools; opponents called it “The Margin Tax Initiative.” The measure was put on the ballot with the help of the Nevada branch of the AFL-CIO, which then changed its mind and opposed it. Good for them; most people and organizations in politics never admit of making a mistake.

Debt

In Oregon, Measure 86 would have created a fund for scholarship grants through the sale of state bonds. The measure was put on the ballot by Oregon’s Democratic legislature and supported by the education lobby. It was opposed by the founder of the libertarian Cascade Policy Institute and by the state’s largest newspaper, the Oregonian, because of the likely increase in public debt. It also would have allowed the legislature to dip into the fund for general spending if the governor declared an emergency. In this “blue” state, the measure failed: 59% no.

Regulation

In Massachusetts, which has had mandatory bottle deposits on carbonated beverages since 1982, voters rejected Question 2, an initiative to extend the bottle law to sports drinks, juices, tea and bottled water (but not juice boxes). The vote was a landslide: 73% no.

Abortion

Libertarians are divided on abortion, depending on whether they consider a fetus to be a person. Voters in Colorado rejected Amendment 67, which would have defined an embryo or fetus as a “person” or “child” under state criminal law. The vote was 64% no.

In North Dakota, a “right to life” amendment the state legislature put on the ballot as Measure 1 was rejected, also 64% no.

In Tennessee, voters approved Amendment 1, which asserts state control over abortion but would leave to the legislature what sort of control it would be. Opponents called it the “Tennessee Taliban Amendment.” It got 53% of the vote.

All of these measures are probably symbolic only, because the question has been coopted by the U.S. Supreme Court under Roe v. Wade and later decisions. Still, symbolism can matter.

Alcohol

In Arkansas, where about half the counties are dry, Issue 4 would have opened the entire state to alcohol sales. It failed, with 57% voting no. That’s a loss for freedom if a gain for federalism.

Guns

Washington voters passed Initiative 594 to require background checks for sales of guns by non-dealers. The measure was bankrolled by Michael Bloomberg, Bill and Melinda Gates, and a liberal Seattle venture capitalist and given an emotional push by shootings at a nearby high school. Washington remains a concealed-carry state.

Minimum wage

Politically, this is a lost issue for libertarians. On Nov. 4, Arkansas voted to raise its minimum from $7.25 (the federal minimum) to $8.50 by 2017; Alaska, to raise its minimum from $7.75 to $9.75 by 2016, and index it to inflation; Nebraska, to raise it from $7.25 to $9 by 2016, and South Dakota, to raise it from $7.25 to $8.50 by 2015, then index it. These measures passed by 65% in Arkansas, 69% in Alaska, 59% in Nebraska and 54% in South Dakota.

In Massachusetts, voters approved Question 4, mandating paid sick days in private business. The yes vote was 59%.

Governance

In Oregon, voters rejected the sort of “top two” election system operating in neighboring Washington. In that system, anyone can file in the primary and declare their party allegiance, and the top two vote-getters, irrespective of party, advance to the November election, which becomes a run-off. California has a similar system. Little parties like the Libertarian Party hate it, because it keeps them off the November ballot except in some one-party districts.

Oregon voters were offered a top-two system in 2008 and voted 66% against it. This time, for Measure 90, they voted 68% against it.




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You CAN Take It with You

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In DC after the Heller decision, you could keep, but could you bear?

I recently wrote about Peruta, a California Second Amendment case originating in San Diego County and decided in February. That federal appeals court decision surprised a lot of people, because it was the Ninth Circuit saying that California’s gun laws were unconstitutionally illiberal, and it seemed to go beyond Heller, the Supreme Court decision on which it heavily relied.

Heller was a District of Columbia case that was appealed to the Supreme Court. It said that the Second Amendment right to bear arms was an individual right, not only a collective right (for militia), but its holding was limited to DC’s laws against keeping handguns at home. It did not directly address prohibitions on carrying guns in public.

Once the Supreme Court finally said that the Second Amendment granted an individual right, that right could not be kept indoors.

But the Ninth Circuit said in the Peruta decision that Heller implies “a law-abiding citizen’s ability to carry a gun outside the home for self-defense fell within the Second Amendment right to keep and bear arms for the purpose of self-defense.” In other words, the reasoning of the Heller case goes beyond the actual holding of the case, beyond possession of guns at home.

If we forget about the anti-gun culture that predominates in most big American cities and about the decades of anti-gun legislation that we have gotten used to, it’s hard to disagree with Peruta. Once the Supreme Court finally said that the Second Amendment granted an individual right, that right could not be kept indoors. In the Constitution, there is simply no mention of any limitation of gun rights to the home. “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.” In fact, “keeping” might be something you do only at home, but “bearing” sounds like something you do in public.

A federal trial court in DC has just agreed, in the case of Palmer v.District of Columbia.(554 U.S. 570 [2008]). The decisionfollows the California casein applying Heller to a question almost identical to the one posed in Peruta.

A pattern has emerged. Civil libertarians (with glee) and gun-control advocates (with dread) might agree that the slope is slippery. Before Heller, DC’s laws were less liberal than California’s. DC “totally ban[ned] handgun possession in the home” and “require[d] that any lawful firearm in the home be disassembled or bound by a trigger lock” (Heller, 554 U.S. at 603, 628). That is, no handguns at home in any condition, and other guns such as rifles or shotguns stored in pieces or with a trigger lock. You couldn’t get much closer to a total gun ban. I think that’s what forced the hand of the Supreme Court in the Peruta case. It had to decide whether the Second Amendment meant anything for individuals. Once it did that, and overturned DC’s handgun ban, San Diego’s effective ban on carrying guns openly or concealed seemed the most offensive to Second Amendment rights. The Ninth Circuit had to apply Heller, or at least the logic of Heller. Then the district court in DC followed with its decision in Palmer.

Seven years ago in DC you couldn’t keep a handgun at home. Now, if Palmer holds up, you can take it with you.




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