McDonald v Chicago, Part II - My Opinion

Here are my impressions of the decision.

First: Held: The judgment is reversed, and the case is remanded.

This is a win. The 2nd Amendment now officially applies to cities and states. However, the devil--and the nuances--are in the details. The local gun-panic group says the decision allows for gun control, but that email came out less than 20 minutes after the 214 page opinion was released. That leads me to believe that, as always, they are full of shit.

According to Alito's majority opinion, incorporation happened under the Due Process Clause, which, according to someone smart than I, "allows the Courts maximum flexibility in the future (since DP has no basis, it has no limits -- it's all just "make it up as we go" judicial legislation)."

Update:  Not only have I been too busy to read the entire opinion, but many, many others have beat me to it.

Wally out.

McDonald v Chicago

The short version:  We won!
From SCotUSBlog:

The opinion concludes that the 14th Amendment does incorporate the Second Amendment right recognized in Heller to keep and bear arms in self defense

5-4

Stevens dissents for himself. Breyer dissents, joined by Ginsburg and Sotomayor.

The majority seems divided, presumably on the precise standard

The majority Justices do not support all parts of the Alito opinion, but all five agree that the 2d Amendment applies to state and local government.

Alito, in the part of the opinion joined by three Justices, concludes that the 2d Amendment is incorporated through the Due Process Clause.

Thomas thinks the Amendment is incorporated, but not under Due Process. He appears to base incorporation on Privileges or Immunities.

The difference between the majority and Justice Thomas doesn't affect the fact that the Second Amendment now applies to state and local regulation.

http://www.supremecourt.gov/opinions/09pdf/08-1521.pdf

It should be noted that, in the guns case, the Court says explicitly in Alito's opinion that it would not reconsider the Slaughterhouse cases, which almost completely deprive the Privileges or Immunities Clause of any constitutional meaning.

The opinion leaves the fate of the Chicago gun ordinance in the hands of the 7th Circuit on remand.

The scope of the Chicago gun ordinance in question in McDonald is very similar to that of the DC gun law struck down in DC v. Heller in 2008. Therefore its fate is probably already determined by applying Heller's reasoning to it.

Let the hand-wringing commence!

Be Prepared or Be Me

We had some nasty storms roll through over the weekend. There was a lot of tornado-ish activity, 70 mile-an-hour gusts of wind, hail, and an electrical blackout. For almost 24 hours, we were living in the stone age, with nothing but smartphones for internet, and high-lumen flashlights being used to see. With no cartoons for the girls, we were forced to read them bed-time stories, while my son and his friends were forced to use their imaginations to entertain themselves.

Every time we called, the electric company added 12 hours to their estimated repair time. Amazingly, they came in 7 hours ahead of schedule, if you don't count the first two revisions.

By Saturday afternoon, we were out shopping for things we should have already had ready.

For years, we had discussed buying a generator. For some reason, it never became a priority. We have a large freezer and refrigerator full of food. With no electricity, a generator was suddenly prioritized. All of the places near us were sold out of budget-priced generators when we decided it was better to drop $400 on that than to lose $600 worth of food. We did find one, eventually, but it would have been better to take it out of the garage than have to shop for it when we needed it. Naturally, 10 minutes after we got it home, the power came on. Do yourself a favor: if you own a home and have a small corner available for storage, start shopping for a generator. Pick one up on sale instead of waiting until you have no real choice.

We have a ton of batteries. It's one of the things we stock up on when they are on sale. Unfortunately, our broadest-beam flashlight takes a 6-volt battery, and we don't keep a spare. By the end of the night, it was getting pretty yellow and dim. Another night would have killed it completely. This wasn't a widespread blackout, so there was no shortage of batteries, but it would have been nice to have the spare already at home. Check your emergency supplies and make sure you have replacement batteries that fit everything you need.

The one thing that would have improved the night most is a good lantern. We had our 5, plus two of my son's friends all trying to play board games by flashlight. A lantern could have been set on the entertainment center and lit most of the room.

For everything we were without due to the blackout, the one thing I truly missed was the air conditioner. When the storm died, so did the wind. Completely. Opening all of the windows didn't help at all. Other than that, it was nice to have everyone forced to interact. Nobody was whining about being bored and we were all having fun.

I want to schedule a pseudo-blackout more often.


Cross-posted here.

Dumpiphany

Gene Simmons Military Tribute

Found via Breda.

Memorial Day

JUST A COMMON SOLDIER

(A Soldier Died Today)

by A. Lawrence Vaincourt

He was getting old and paunchy and his hair was falling fast,

And he sat around the Legion, telling stories of the past.

Of a war that he had fought in and the deeds that he had done,

In his exploits with his buddies; they were heroes, every one.

And tho' sometimes, to his neighbors, his tales became a joke,

All his Legion buddies listened, for they knew whereof he spoke.

But we'll hear his tales no longer for old Bill has passed away,

And the world's a little poorer, for a soldier died today.

He will not be mourned by many, just his children and his wife,

For he lived an ordinary and quite uneventful life.

Held a job and raised a family, quietly going his own way,

And the world won't note his passing, though a soldier died today.

When politicians leave this earth, their bodies lie in state,

While thousands note their passing and proclaim that they were great.

Papers tell their whole life stories, from the time that they were young,

But the passing of a soldier goes unnoticed and unsung.

Is the greatest contribution to the welfare of our land

A guy who breaks his promises and cons his fellow man?

Or the ordinary fellow who, in times of war and strife,

Goes off to serve his Country and offers up his life?

A politician's stipend and the style in which he lives

Are sometimes disproportionate to the service that he gives.

While the ordinary soldier, who offered up his all,

Is paid off with a medal and perhaps, a pension small.

It's so easy to forget them for it was so long ago,

That the old Bills of our Country went to battle, but we know

It was not the politicians, with their compromise and ploys,

Who won for us the freedom that our Country now enjoys.

Should you find yourself in danger, with your enemies at hand,

Would you want a politician with his ever-shifting stand?

Or would you prefer a soldier, who has sworn to defend

His home, his kin and Country and would fight until the end?

He was just a common soldier and his ranks are growing thin,

But his presence should remind us we may need his like again.

For when countries are in conflict, then we find the soldier's part

Is to clean up all the troubles that the politicians start.

If we cannot do him honor while he's here to hear the praise,

Then at least let's give him homage at the ending of his days.

Perhaps just a simple headline in a paper that would say,

Our Country is in mourning, for a soldier died today.

Happy StarWars Day!

Signs

It's a good thing they put this sign up.  I'm sure it's all that has stopped me from keying every car in the lot.

Crazy

How long-winded do you have to be to write a "Idiot's Guide" to a plain-text, easy-to-understand document?  This is a 200 page book to explain a 3 page document.

Quote of the Day

Remember: If you are prepared for the dead to walk the earth in search of human brains, then a hurricane or attempted mugging is no big deal.

-Tam