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Archive for March 29th, 2012

My daily email containing the editorials and opinion columns from the Washington Post included an item written by E.J. Dionne entitled “Supreme Court activists: Conservative justices forget we’re a democracy.”

Surely this was a mistake.

I suspect he does understand, at least with regard to the first question. For instance, I’d bet a lot of money that he was correctly in favor of the Court’s decision to protect flag burning as a form of political speech, notwithstanding public opinion and congressional approval.

But he seems to join with other leftists in treating the interstate commerce clause as some sort of blank check for federal intervention into every aspect of our lives. And it shows up in various ways in his column.

…conservative justices are prepared to act as an alternative legislature…discussing whether parts of the law could stand if other parts fell… Sotomayor asked what was wrong with leaving as much discretion as possible “in the hands of the people who should be fixing this, not us.” It was nice to be reminded that we’re a democracy, not a judicial dictatorship. …This is what conservative justices will do if they strike down or cripple the health-care law. …a court that…sees no limits on its power, no need to defer to those elected to make our laws.

At the risk of being blunt, the conservative justices are doing exactly what they should be doing. They’re deciding if a law enacted by Congress is consistent with the powers granted to Congress by the Constitution.

America has a democratic form of government, but we are not a democracy. At least not in the sense that 51 percent of the people have the unlimited right to rape and pillage 49 percent of the people.

I have no idea of the Supreme Court will make the right decision, but I am overwhelmingly confident that the Founding Fathers didn’t envision mandated health insurance as a function of the federal government.

But maybe I’m just too old fashioned, because when I peruse the enumerated powers, I don’t see any authority for a Department of Energy either. Or a Department of Agriculture. Or a Department of Commerce. Or Department of Housing and Urban Development. Or Department of Education. Or a Department of Transportation. Or…well, you get the idea.

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Illinois is a hopeless state, filled with greedy bureaucrats and senseless politicians. Not surprisingly, it’s also a state that prosecutes people who try to protect themselves from criminals.

Here’s part of a story from the Chicago Tribune, featuring an elderly army veteran who was arrested for shooting a burglar.

An 80-year-old tavern owner in Englewood believes it’s “unjust” that he is facing charges after shooting a burglar, but believes he will prevail in court. “It’s wrong,” Homer “Tank” Wright said as he walked into his bar after being released from jail this afternoon. “Unjust that I can’t protect me.” Awakened by his 75-year-old wife, Wright confronted a 19-year-old burglar who had broken through some plywood over a bathroom window in hopes of stealing liquor, according to police. Wright grabbed his 38.caliber pistol, loaded with four rounds, and shot the intruder in the leg. The suspect was arrested — but so was Wright. …Wright said his bar has been broken into four to six times, and he and his wife had started staying overnight at the property to protect it. “This is our living,” he said, adding that he has had triple bypass surgery. “I’m going to be here. I’m not leaving. This is where I’m planning to stay.”

Fortunately, this isn’t like the Trayvon Martin case since both Mr. Wright and the thug are black. So without the distraction of race, we can focus on the genuine injustice of the government making it difficult for innocent people to fight back against crime.

Mr. Wright’s family understands the real issue.

Several of Wright’s relatives cheered in the gallery after the judge ordered him released, drawing a rebuke from deputies. After the hearing, Wright’s grandson Courtney Cook said his grandfather has the right to protect his home and the tavern he has run for 40 years. “You have to look at what’s right and what’s wrong in that situation,” he said. “He’s supposed to protect his home and his family. I mean, you know, is he supposed to be the victim? I mean, you know, just let it keep happening? If it’s going to keep happening, then where’s the law? What good is the law?”

Mr. Wright’s neighbors also have the right attitude.

On his South Side block, Wright is known as a hard-working neighbor who runs a bar that has become a neighborhood institution. Known as “Tank,” Wright has operated the bar next to his home for more than 40 years, neighbors said. …Anita Dominique, head of the block club in the neighborhood, said she has known Wright for more than 30 years. “He is a pillar of our community,” she said. “What does it say to me and other senior citizens that we will be arrested if we defend ourselves?” Neighbors held a news conference this morning to call on prosecutors to drop the charges. “If a man can’t defend himself from harm, what can he do?” asked Darryl Smith. “If he hadn’t defended himself, we would be here for a different reason — because an intruder came in and killed him. “We’re outraged as a community and we’re calling for the state’s attorney’s office to drop the charges,” he added. “This man has done nothing wrong.”

By the way, I’m mocking Illinois, but New York City is equally foolish about penalizing victims.

And you will be flabbergasted by this example of anti-gun zealotry in England.

It’s ironic, in an outrageous way, that the government punishes people for protecting their lives and property, when such actions are only necessary because the government is failing to fulfill one of its few legitimate responsibilities.

This is why I recommend you share this Cato Institute study showing how private guns are frequently used to thwart criminals.

P.S. I suspect these two anecdotes/stories are urban legends, but this interview with a general and this letter-to-the-editor are very much worth reading…and sharing.

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