Archive for category Law and Order

Few Laws, Strictly Enforced

I have made a LOT of laws and regulations in my time. I was sitting in a regulatory panel once, and we were laying out guidelines for rules under the Reagan Administration.

One Big Man, a real biggie, laid out the parameters. He said, “We must only have regulations we can actually enforce.”

This was serious stuff. Everybody in the room had the necessary grave expression on his face, except for one complete idiot who just had to say something stupid. So that idiot said,

“You know, God Almighty is still trying to enforce ten.”

They laughed. I will not tell you who that idiot was.

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Legal Background on Gay Marriage

The Massachusetts Supreme Court decided that the MASSACHUSETTS STATE Constitution requires gay marriage.

The legal rule is that the Federal courts do not interpret STATE constitutions. So, from the point of view of Federal courts, the state constitution of Massachusetts requires gay marriage.

In 1968, twenty states had anti-miscegenation clauses in their constitutions. But the Supreme Court said that, regardless of the fact that all the states that ratified the Constitution and almost all the states that ratified the fourteenth amendment and had enforced anti-miscegenation laws, the United States Constitution did not allow anti-miscegenation laws.

There was NO question of constitutional intent in that 1968 decision. The Supreme Court made no pretense that they were interpreting original intent. They were making law, and they said so.

On the day that decision was issued, it was Federal law that constitutional intent means absolutely nothing. Unless you object to that decision, constitutional intent means nothing.

And no one dares to question it.

But in that case, the Supreme Court was interpreting the FEDERAL constitution. They agreed with state courts as the final word on the fact that state law banned interracial marriage, but they said the Federal Constitution overruled the state constitutions.

So the Massachusetts law stands.

The next question is whether a gay marriage performed in Massachusetts is valid in other states. The Federal Constitution requires every state to give “full faith and credit” to the acts of other states. But there is no enforcement clause in the “full faith and credit” statement. The Federal courts have consistently refused to enforce it.

The most important case relating to one state recognizing a marriage in another state was when North Carolina refused to recognize the easy Nevada divorce law. A person who was divorced in Nevada found that, according to the North Carolina Supreme Court, he was still married when he came back to North Carolina.

The Federal Supreme Court decided that the North Carolina decision was right, and that North Carolina had no obligation to recognize a Nevada divorce. So even today you can be legally married to two different people in two different states.

When a state refuses to extradite someone convicted in another state, that is a violation of “full faith and credit,” but they have done it hundreds of times.

So a gay couple is legally married as long as it stays inside the state of Massachusetts, and nothing less than a constitutional amendment is likely to change that.

My own opinion is that if you don’t want the courts to own the institution of marriage, you will have to condemn the 1968 decision first. And NOBODY has the guts to do that.

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Jury-Made Law

Every law student learns about “judge-made law.” No one talks about jury-made law.

For many years South Carolina had rigid limitations on serving alcoholic beverages. This was a huge handicap to restaurants.

While the rest of South Carolina enforced these restrictions, there were open bars in Charleston. It is said that in the 1940s Governor Johnston (“a personal and political dry”) once called the Mayor of Charleston and told him to close those bars.

The Mayor replied, “You close them.”

That was the end of the debate. Charleston stayed wet while the rest of the state played with liquor-by-the-drink laws.

Finally a bartender in Columbia hit upon a grand scheme. He sold SETUPS. He GAVE away little liquor bottles the customer could pour into the nonalcoholic setup he bought.

A judge ruled in his favor. The judge said, “There is no law against a man giving away his liquor.”

Liquor by the drink became legal. That’s why so many South Carolina bars give you those little bottles. But this was not judge-made law. This was jury-made law.

The reason the judge made that decision was because no jury would convict those who served mixed drinks any more. The juries had repealed the law.

Exactly the same thing has happened over and over in Anglo-Saxon history. The laws on the books in the early ninteenth century still made picking pockets a capital offense, but no jury would convict because they simply wouldn’t hang a ten-year-old child.

In 1834, Andrew Jackson did what no president since had the guts to do. The Supreme Court made a decision, and Jackson said, “The Supreme Court made this law. Now let the Supreme Court ENFORCE it.”

If any President since had had that kind of courage, there would be no judge-made law.

The unique characteristic of Anglo-Saxon law is that everyone has a right to a jury trial. The legislature may have passed the law unanimously, but it doesn’t mean a thing if the jury won’t enforce it.

When I was coming up, if anyone had sold drugs on school grounds, a parent would have blown his head off, in public, with a twelve-gauge shotgun loaded with 4s.

Under the law, that was cold-blooded, premeditated, first degree murder.

And no jury would have convicted him.

Back then, nobody sold drugs on school grounds.

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We Don’t Stand for That

Now there is a phrase I haven’t heard in years:

“We don’t stand for that!”

AOL has a feature about a girl who was grabbed on the street, screaming, and not one of the many, many passers-by even called 911, much less interfered.

They didn’t want to get involved. And for good reason. If you are street-wise and don’t interfere, you can’t get sued. You can’t get in trouble for using excessive violence.

I’ve used excessive violence.

But if you know how to exploit that, you don’t end up with a record. I tell the cops: “OK, this is one hell of a chance for me to write a press release. Let’s GO for it!”

First of all, your average cop is a decent human being. He thinks that the fact that you beat the hell out of somebody chasing some helpless person is great.

He just can’t do it.

Trial Lawyers, you know.

So the girl, prostitute, drug addict, whatever, runs and the average Street-Wise Citizen ignores her.

I will beat the hell out of her attacker. I’ve done it.

Maybe I am the last person on earth to say, “I won’t stand for it.”

What an honor!

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My Cynicism

Everybody agrees that the Norsemen wrote only a few inscriptions on stone, while the Romans were literate. This means that the Norse and Germanic peoples wrote nothing except when they produced perfect runic script on stone.

All the preachers agree that almost the entire Jewish population in 69 AD was in Israel. Their entire attitude about Jews is based on the idea that all the Jews were driven out of Israel in 69 AD and that someday the Jews will come back to their homeland.

There were six million Jews in the Roman Empire. The total population of Israel, Samaritans included, was a couple of hundred thousand.

When I point out facts that, I show that the professors and preachers are just plain silly.

Nobody says I’m wrong. They say I am being “cynical.”

A cynic makes fun of the people he is criticizing. In almost every case, when you expose the absurdity of today’s accepted ideas, you cannot help but make fun of the people you are criticizing.

The Supreme Court strikes down laws made by Congress because the Supreme Court is the Constitution. But that same Constitution cites only one reason for the United States Government to exist. That same Constitution also cites only one authority:

“We the People of the United States of America … and OUR Posterity.”

Supreme Court Justice Felix Frankfurter got sick of cynics like me a long time ago. Justice Frankfurter declared:

“To say that a law means what it says is a case of PERNICIOUS oversimplification.”

People like me are not just cynical. We are just plain mean.

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Martha Stewart’s New Home

Martha Stewart is being sent to Alderson Federal Prison. I used to live in Alderson. My doctor brother “dodged the draft” by being a prison doctor for two years with the Public Health Service. One of those years was spent at Alderson.

That was about 1956. Two of the prisoners there were Tokyo Rose, a Japanese-American who had broadcast from Japan during World War II, and Axis Sally, a German-American who had broadcast from Berlin during the same period.

They used to hold plays, and in one play Axis Sally played the part of George Washington.

Alderson is a lovely place, very near White Sulfur Springs Resort.

It was off season, and my Austrian bride and I happened to be in White Sulfur Springs. It was my wife’s first Thanksgiving in America and I asked where we might get some turkey and so forth. She told us to go to a certain country club.

It turned out that one of the members of that country club had been a traveling salesman. Many times he had been away from home on Thanksgiving. So he had retired to his home town and every Thanksgiving he set out a spread and drinks for absolutely anybody in White Sulfur Springs.

We ate, we got drunk, we met everybody.

As for Martha Stewart, if she had not said her conviction was a “right wing conspiracy,” I would be on her side.

I have seen a lot of prisons from the inside. Alderson was the best of them.

A rich liberal deserves much, much worse.

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When Will Hispanics Shoot Border Guards in the Back?

The media says that the Republicans lost California once and for all when they tried to stop giving welfare benefits to illegal aliens.

This assumes that Hispanics born in the United States are loyal to their fellow Hispanics who are illegal aliens than they are to other American citizens. The vote shows that is true.

In fact, every political expert assumes that Hispanic loyalties are to Hispanics, not to America, no matter where they were born or their grandparents were born or what citizenship they hold. That is a simple fact of political life.

So the American border guards and the INS or whatever it is called now are regarded as enemies by Hispanics. Most big cities openly refuse to cooperate with Federal immigration officials or enforce Federal law because of their growing Hispanic vote.

Today the way real Hispanic loyalty shows itself is the way every other anti-white sentiment shows itself. Both liberals and conservatives look to interracial marriage as the final solution to the white problem, which they call “the race problem.”

They propose no such immigration and integration solution to any “race problem” in Asia or Africa. There is no “race problem” in non-white countries. Solving the race problem means solving the white problem, in the same sense that Hitler referred to solving the Jewish Problem.

As I say, liberals and conservatives agree that the white problem must be solved once and for all.

But liberals are more outspokenly ANTI-white, and they want to take money from the whites and give it to the coloreds. So Hispanics, like every other minority, show their loyalty by using their votes to make California a solidly Democratic state. Schwarzenegger is a fluke.

To repeat, so far Hispanics are the liberals’ Faithful Colored Companions. But as Hispanics become a majority, they are not going to stand for that Anglo border that splits the Hipanic majorities — or potential majorities — away from each other at the Rio Grande.

So far, Hispanics have been pretty meek about the whole thing. But the time will soon come when they stop being nothing but Faithful Colored Companions to white liberals.

They will start ambushing their INS enemies.

That is the next logical step after major cities have declared that the INS is the enemy.

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The Hams

I have had my radio license for fifty years.

For many years, comercial radio networks have fought to keep down the numbers of frequencies allowed to “ham radio,” which means radio amateurs.

One of their arguments is that amateurs shouldn’t be using frequencies, just as private citizens shouldn’t have guns.

In the Florida hurricane right now, you will hear from time “amateur radio networks report…” As in every emergency, the hams have set up a network and they can communicate with a home generator and nothing else.

The media don’t like to talk about ham radio operators in emergencies, just as they don’t like to talk about how private gun owners stop looting in more cases than you could count.

But they’re all over the country, backing up the ones in Florida. The ARRL is the ham organization, and they can give you plenty of examples of what I am talking about on what ham radio does in emergencies.

My rig’s not up, but I’m still helping out a little.

See you later.

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