Posts Tagged ‘federalism’

The Sounds of Silencers

Tuesday, October 4th, 2022

Ken Paxton clears a hurdle in his goal to expanding the freedom of Texans under federalism.

A lawsuit by Texas Attorney General Ken Paxton seeking to exempt Texas-made suppressors from federal regulations will move forward, after federal Judge Mark Pittman on Monday ruled against a motion to dismiss the case.

The ruling constitutes a procedural win for Paxton and co-plaintiffs in the case, which was filed on behalf of several Texas residents.

Attorney Tony McDonald, legal counsel for several of the plaintiffs, wrote on social media that the “big (initial) win” will allow the case to move forward and that the judge rejected the argument that suppressors are firearms accessories and not protected by the Second Amendment.

“Obviously this doesn’t mean we’ll win, but importantly it signals Pittman rejects [the Bureau of Alcohol, Tobacco, Firearms, and Explosives]’s argument that suppressors are just accessories and are not protected by the 2A. That seemed to be a pretty clear legal question that, if accepted, meant we had no case,” McDonald wrote.

At issue is House Bill (HB) 957, a Texas law recently passed by Representative Tom Oliverson (R-Cypress) exempting firearms silencers or suppressors from federal regulations if they are manufactured, marked, and kept in the State of Texas.

The law empowers the Texas attorney general to file suit on behalf of private citizens who wish to manufacture a suppressor and to obtain a court order enjoining the federal government from enforcing federal firearms regulations before the citizen can move forward.

Under current federal laws, anyone purchasing a firearm suppressor must fill out an extensive background check application, pay a $200 tax, and wait for the Bureau of Alcohol, Tobacco, Firearms, and Explosives to issue their approval — a wait that can sometimes take over a year.

Today’s ruling only allows the case to move forward and doesn’t guarantee either side a final victory.

The case has considerable importance not only on Second Amendment grounds, but on Tenth Amendment grounds as well. It is obvious that the Founders only intended to regulate commerce between states, not within a single state, and much government-expanding mischief has been wrought in the name of the commerce clause. Breathing new life into the Tenth Amendment would help remedy that.

Now we’ll see if the case can make it all the way to the Supreme Court…

My Hovercraft Is Full Of Moose

Monday, June 18th, 2018

When you see a phrase like “Moose vs. Hovercraft,” you think it’s probably about some ironic iPhone game you can back on Kickstarter. (That, or a SyFy movie, in which case it would be Giant Moose vs. Megahovercraft.) But today the phrase pops up in relation to a case the Supreme Court has agreed to take up. Bonus: For the second time.

An Alaska hunter who wants to use his hovercraft to hunt moose persuaded the Supreme Court to take up his case Monday for the second time.

After its last hearing on John Sturgeon’s case, the Supreme Court found that the Ninth Circuit failed to recognize the unique conditions of Alaska that usually make the state the exception, not the rule, when it comes to Nation Park Service regulations.

On remand from the Supreme Court, however, the Ninth Circuit again ruled against Sturgeon, finding that the U.S. government had authority to regulate Sturgeon’s use of a hovercraft on the federally protected Nation River.

Sturgeon’s latest petition for certiorari, which he filed this past January,

Asks whether the Alaska National Interest Lands Conservation Act prohibits the National Park Service from exercising regulatory control over state, tribal or private land that overlaps with the National Park System in Alaska.

The Supreme Court decision for the first round of Sturgeon vs. Frost can be found here. An excerpt:

In 2007, John Sturgeon was piloting his hovercraft over a stretch of the Nation River that flows through the Yukon-Charley Rivers National Preserve, a conservation system unit in Alaska that is managed by the National Park Service. Alaska law permits the use of hovercraft. National Park Service regulations do not. See 36 CFR §2.17(e). Park Service rangers approached Sturgeon, informing him that hovercraft were prohibited within the preserve under Park Service regulations. Sturgeon protested that Park Service regulations did not apply because the river was owned by the State of Alaska. The rangers ordered Sturgeon to re move his hovercraft from the preserve, and he complied. Sturgeon later filed suit against the Park Service in the United States District Court for the District of Alaska, seeking declaratory and injunctive relief permitting him to operate his hovercraft within the boundaries of the Yukon-Charley. Alaska intervened in support of Sturgeon.

The Supremes remanded the case back to the Ninth Circuit saying they had misinterpreted the regulation in question:

Looking at ANILCA both as a whole and with respect to Section 103(c), the Act contemplates the possibility that all the land within the boundaries of conservation system units in Alaska may be treated differently from federally managed preservation areas across the country, and that “non-public” lands within the boundaries of those units may be treated differently from “public” lands within the unit. Under the Ninth Circuit’s reading of Section 103(c), however, the former is not an option, and the latter would require contorted and counterintuitive measures.

The Ninth basically responded as they are usually wont to do. “Nah-uh, you’re not the boss of me! I do what I want! Screw you, moose-hunting hovercraft guy!” (I might be paraphrasing just a tad here.)

Having been ignored the first time, expect the Supreme Court to strike down upon the ninth with great vengeance and furious anger issue a more strongly-worded decision. The only question is whether it will be a narrowly-based textual decision, or a broader decision about federal regulation of state and private lands.

(Hat tip for my headline swipe.)

LinkSwarm for December 23, 2016

Friday, December 23rd, 2016

I hope everyone has plans for the Christmas weekend, even if they’re only “eat as much food and watch as much football as humanly possible.”

Enjoy a Friday LinkSwarm:

  • Suspect in Berlin jihad truck attack shot dead. I was going to do one of my increasingly irregular jihad updates, but Stuff and Things got in the way.
  • One possible benefit of a Trump presidency: a restoration of federalism:

    America owes President Barack Obama an enormous debt of gratitude for showing how truly dangerous the federal government can be when our Constitution’s checks and balances start failing. With the active collusion of congressional Democrats, President Obama’s presidency has been one long series of body blows to the separation of powers that has protected our democracy since the Founding.

    The results have been stark. Never has a president trampled so much on the prerogatives of Congress. Obama’s executive orders, suspending parts of our immigration laws and even his own prized Obamacare, have been sheer usurpations, going far beyond even the breathtaking delegations of legislative authority granted by the brief Democratic supermajority in Congress in 2009–10.

    Sad to say, Obama’s trampling on the prerogatives of state governments has been even more unprecedented, and potentially far more damaging. His agencies’ “Dear Colleague” letters, addressing such sensitive issues as local school districts’ bathroom policies and the standards by which institutions of higher education review claims of sexual assault, have wrested away the core functions of state leaders, local boards, and even administrators.

    The separation of state and federal authority is one of the most essential principles of our Constitution. It explains the Constitution’s structural allocation of powers as much as the division between legislative, executive, and judicial functions. If we lose the separate and independent existence of state governments, we will lose our Constitution.

    And Wisconsin governor Scott Walker is walking point on the issue.

  • Trump’s election marks the overthrow of the media: “This election didn’t merely expose the failure of six months of campaigning by the Democratic Party. This election exposed the failure of SIX DECADES of leftist propaganda to have any cumulative effect at all.”
  • Ten ways Obama broke the American system. (Hat tip: Director Blue.)
  • “Outside California, Trump outdistanced Hillary by 1.41 million votes, 47.8% to 46.6%. As I have noted before, Hillary’s support was so geographically narrow that she won a popular vote majority in only 13 states (plus DC), the fewest of any major-party candidate since Bob Dole.”
  • Remember how Minnesota congressman Keith Ellison looked like a shoe-in for DNC head after Howard Dean withdraw from the race? Yeah, not so much. Although some of the dirt (like his ties to Louis Farrakhan) are decades old, there’s enough of it that lots of Democrats are getting cold feet about his candidacy:

    Despite the support of the first couple of populist progressivism — Elizabeth Warren and Bernie Sanders — the controversy has emboldened the opposition: Last week, Labor Secretary Tom Perez, a buddy of President Barack Obama (who called him “wicked smart” last week), jumped into the race. The effort to boost Perez, paradoxically and to Ellison’s irritation, is led by operatives allied with the country’s first black president, who view the Minnesotan as too tied to the identity politics they think cost Hillary Clinton the election.

    “We like Keith,” one longtime Obama political ally, who was pushing Perez, told me in November. “But is he really the guy we need right now when we are trying to get all of those disaffected white working-class people to rally around our message of economic equality?”

  • Texas officially removes Planned Parenthood from Medicaid.
  • “Feminism Is a Synonym for ‘Shut Up.’

    A major goal of feminism is to silence opposition. Because their ideology cannot withstand informed and articulate criticism, feminists therefore requires a dishonest vocabulary of jargon that functions to disqualify and discredit their opponents. A man expressing disagreement with a feminist will invariably be accused of “sexism” or “misogyny,” and if he persists in his criticism, he will be accused of “harassment.” What these terms actually mean — other than as pejorative labels, deployed to smear the movement’s enemies — is seldom examined. It is quite often the case that men who ostensibly support feminism engage in abusive behavior toward women (e.g., Jian Ghomeshi), whereas men who oppose the movement are branded “misogynists” for no other reason than their willingness to state their criticism honestly and openly.

  • “New York State Employee Demands Death For Trump Supporters, Still Employed.” Bonus: Openly calling for Republican women to be raped and cheering the death of American soldiers. (Hat tip: Ace of Spades HQ.)
  • 5 Arrested After Egyptian Police Bust Staged Photo Shoot Of “Wounded Aleppo Children”.
  • Funny how “hate crime” hoaxes are the fake news the media wants to keep reporting:

    n all four cases, there were reasons for the media to doubt the stories. In all four cases, the narrative of white and/or conservative and/or Trump-supporting and/or bigoted “people of privilege” persecuted and/or harassed and/or discriminated against some variation of minority. In all four cases, the hoax was reported before confirmed and later it was revealed by law enforcement or conservative media that we had all been duped.

    Here’s the core of the problem. Mainstream media has a narrative agenda that has failed miserably. They did everything they could to hand the White House and Senate to the Democrats. In the past, that’s all that needed to happen; if the media united behind a cause, they could bend the will of the people. In the case of the 2016 election, their agenda backfired, so they now have two choices. They could learn their lessons and return to a bygone day when reporters actually reported and commentators made absolutely certain their perspectives would not be confused with news.

    Predictably, mainstream media has chosen option two. They’re doubling down. The lesson they think they learned from their mistake is that they can’t allow a sliver of doubt to creep in. They actually think they were too easy on Donald Trump. They think they didn’t push enough of their narrative on Senate races. They think they now need to promote their agenda in full force, working overtime if necessary.

  • The media lies again.
  • Baby Boomers increasingly having their Social Security garnished to cover their student loans.
  • Snow falls in the Saraha.
  • Scott Adams on cognatize blindspots and worst-case-scenarios on global warming.
  • Obama to world: (10,000 word speech all about him.) World: (Ignores him). President Elect Trump: “Hey! Don’t do that! World: “Yes, Mr. Trump.” (Hat Tip: Chuck DeVore on Twitter.)
  • Of course, the entire issue is a final attempt for Obama to stick it to Benjamin Netanyahu out of personal vindictiveness, never mind how badly it might affect U.S. and Israel foreign policy. Because Obama is a spiteful, petty little creep.
  • Know who Obama doesn’t hate? Cocaine dealers. “President Barack Obama has commuted the sentences of 657 cocaine dealers since Aug. 3, a Daily Caller analysis reveals. That represents nearly 80 percent of the commutations the president has given since August.” I’m a “legalize it, regulate it, tax it” sort of guy, but the fact that admitted cocaine user Barack Obama would commute more cocaine dealers over mere mere marijuana users or dealers is more than a little odd. (Hat tip: Director Blue.)
  • “Snopes Co-Founder Accused Of Embezzling Company Money, Spending It On Prostitutes.” And as Fark would say, “the rest he just wasted.” Bonus: Alleged prostitute is now allegedly a Snopes staffer. (Hat tip: Director Blue.)
  • Navy decision to use PC titles reversed. (Hat tip: Stephen Green at Instapundit.)
  • F4-J retired from flying. From aerial target to ground target. (Hat tip: Instapundit.)
  • This is the sort of story headline writers live for: “Pensioner pleases neighbours with his massive flashing cock.” (Hat tip: Ace of Spades HQ.)
  • Cthuloid horror devours the Pope.
  • Merry Christmas, everyone!

    George Will Makes the Case for Drug Legalization

    Thursday, April 12th, 2012

    Or, to be more specific, George Will summarizes the same case made in Mark Kleiman, Jonathan Caulkins and Angela Hawken’s Drugs and Drug Policy: What Everyone Needs to Know. It focuses on the sheer economic idiocy of continuing the War on Drugs:

    A $200 transaction can cost society $100,000 for a three-year sentence. And imprisoning large numbers of dealers produces an army of people who, emerging from prison with blighted employment prospects, can only deal drugs. Which is why, although a few years ago Washington, D.C., dealers earned an average of $30 an hour, today they earn less than the federal minimum wage ($7.25).

    I oppose the War on Drugs for reasons of general principles (it’s not the purpose of government to save people from themselves), the specific application of constitutional federalism (the Commerce Clause should not apply to the regulation of drugs manufactured and sold within the confines of a single state), and for reasons of budgetary philosophy (making drugs illegal has expanded the size and power of the federal government while increasing the budget deficit; legalizing, regulating and taxing drugs would reduce both the deficit and the harm to individuals and society). Frankly, I’d be for the immediate legalization of methamphetamine tomorrow if it meant we could stop ID-ing people with colds trying to buy Sudafed.

    There has been slow but steady progress in the conservative movement for saner drugs laws, from William F. Buckley arguing for the decriminalization of marijuana, to National Review declaring that “The War on Drugs is Lost” in 1996, to Republican Presidential candidates like Ron Paul and Gary Johnson (who, like Paul once did, bolted for a doomed Libertarian Party run) making the same case.

    Despite growing sentiment, almost no legislative headway has been made on the issue because there’s no consensus in the Republican Party (or the American people) for that change. When an initiative for the total legalization of marijuana fails in California (though poor wording helped contribute to the defeat), where can it succeed? But the lack of a consensus for legalization is no reason to avoid fighting for saner laws at the state or national level or trimming funding for the DEA.

    Another question is how come we never hear anything about legalization from the supposedly pro-freedom Democratic leadership? If Obama, an admitted recreational drug user in his youth, has ever made a speech as President supporting legalization or decriminalization of any drugs, it’s evaded my attention. Indeed, not only does he not support decriminalization, he’s actively hostile to the idea.

    George Will thinks more seriously and clearly than Barack Obama on the issue of drug legalization. Then again, the first ten words in the preceding sentence are pretty much true all the time,,,