Looters II

SayUncle, as usual, has the right idea and an example to boot.

By the way...see what Google holds when you search for "shooting looters" (third result down).

More: Just a random thought....I think people fail to realize that citizens and police taking an active part in keeping civil order (i.e...stopping looting) will go a long way in the process of saving lives as well.

More II: For those who like to "race bait" whenever the opportunity arises, your current efforts ("finding" vs. "looting" captions) aren't panning out like you thought they would. Xrlq has more.

More III: I don't think anyone can argue that force isn't uncalled for here either.

Old Heidelberg

Completely off any subject, but can anyone confirm if Old Heidelberg restaurant downtown on Union is indeed closed? If so, when did this happen?

Should it be rebuilt?

Bob Krumm asks the tough question: Should New Orleans be rebuilt at all?

For some reason I'm reminded of Pompeii. Archaeological evidence shows that the inhabitants of Pompeii were rebuilding from recent earthquakes just before their city was completely wiped out by the eruption from Mt. Vesuvius. In fact, they had rebuilt many times, but they were only delaying the inevitable.

Perseverance can be a good thing, but it might not be the smartest idea when you are living in an area that you know is susceptible to certain types of natural disasters. The Pompeiians might not have known the full extent of what they were faced with, but that makes the case for New Orleans even stronger because they know full well the consequences of living there.

New Orleans will be rebuilt...the levee's will be strengthened...the pumps will be upgraded...but is it the best idea? It's definitely a hard question, but it's good that someone is asking it.

Either way...keep the city and the people of Louisiana, Mississippi and Alabama in your prayers.

Poverty in America

Samantha Burns has very thoughtful post in response to my question a few days ago about poverty in America.

Mass Evacuation Considered

I just heard from Louisiana Governor Blanco at a press conference from the WWLTV video feed that they are considering evacuating all remaining citizens out of New Orleans SuperDome...that is after fresh supplies are brought in to keep them alive and comfortable.

More: More from the WWL blog...

3:25 P.M. - With conditions in the hurricane-ravaged city of New Orleans rapidly deteriorating, Gov. Kathleen Blanco said Tuesday that people now huddled in the Superdome and other rescue centers need to be evacuated.

"The situation is untenable," Blanco said during a news conference. "It's just heartbreaking."

Also, schools in the Jefferson Parish could start back by December 1st according to the blog.

Another One

Another Tennessee Waltz Indictment

From...surprise surprise...Memphis.

More from AlphaPatriot.

Disaster Information

The situation is grim...

For up to the minute information you can keep an eye on New Orleans CBS affiliate WWLTV's blog here.

Live video here.

More: From WWLTV's news feed for residents of Jefferson Parish in New Orleans:

Residents will probably be allowed back in town in a week, with identification only, but only to get essentials and clothing.

You will then be asked to leave and not come back for one month.

Looters

There are a few things that really get me mad and I feel deserve severe punishment. One of those things is looting. Whether it be during a riot or a disaster, looters should be shot on sight.

From Breitbart.com:

Denise Bollinger, a tourist from Philadelphia, stood outside and snapped pictures in amazement.

"It's downtown Baghdad," the housewife said. "It's insane. I've wanted to come here for 10 years. I thought this was a sophisticated city. I guess not."

Around the corner on Canal Street, the main thoroughfare in the central business district, people sloshed headlong through hip-deep water as looters ripped open the steel gates on the front of several clothing and jewelry stores.

One man, who had about 10 pairs of jeans draped over his left arm, was asked if he was salvaging things from his store.

"No," the man shouted, "that's EVERYBODY'S store."

More: A couple of pictures here and here.

Even More - 4:15pm: From the WWL video feed...In the Gretna area a police officer was shot by a looter in the back of the head as the officer was confronting another looter.

More III: For some reason, I'm reminded of this post from last year after Hurricane Charley.

What do you do when a Federal agency breaks the law?

SayUncle has been covering a story over the past week or so out of Virginia where local law enforcement along with the BATF were up to no good and causing trouble for people buying guns legally at a gun show in Richmond.

He was skeptical at first, but the story has been picked up by CNS News, and Ravenwood has posted a document (PDF format) obtained by the Virginia Citizens Defense League in a freedom of information request.

From the document:

The customer would complete the SP-65 and the ATF Federal 4473 in order to purchase the firearm. ATF personnel reviewed their form and determined if the purchaser was located in a certain area of either the City of Richmond or the County of Henrico. ATF personnel would direct either the Richmond PD or Henrico PD Residence Check Team to go by the residence of the individual whose information was contained on the ATF 4473 form to determine if the individual resided at the residence. Upon the completion of the residence check, they would permit the transfer of the firearm or conduct further questions of the perspective purchaser.

According to Philip Van Cleave, president of the Virginia Citizens Defense League, they would ask the person at the residence if they knew that the person in question was buying a gun. In fact, it was reported that in cases when there was no one at home, they would go to the buyers' neighbors' houses, and ask the same questions! All of this is illegal!

"I'm not an attorney but, I'll tell you what, in my opinion that would be a violation of federal law," Van Cleave said. "To go off on a fishing trip with that information, much less sharing information like that with neighbors, there's no way that's legal."

Title 18 Section 923 of the U.S. Code concerns the licensing of gun dealers and appears to support Van Cleave's position. It contains the following restrictions on the information collected during the process of a gun purchase:

"(g)(3)(B) Except in the case of forms and contents thereof regarding a purchaser who is prohibited by [federal law] from receipt of a firearm, the department of State police or State law enforcement agency or local law enforcement agency of the local jurisdiction shall not disclose any such form or the contents thereof to any person or entity, and shall destroy each such form and any record of the contents thereof no more than 20 days from the date such form is received."

There are also accounts of other forms of intimidation at the show...be sure to read the entire article.

So...what do you do when a Federal agency breaks the law?

Internal Server Error

The place where the News 2 banner normally sits above will be showing up as "Internal Server Error" for the time being...at least until they turn the banners back on.

Here's the explaination.

Newton to Plead Guilty

Well, just on the heels of the announcement that Rep. Chris Newton will be resigning, we learn that Newton will be pleading guilty.

It doesn't look good for the other indicted legislators...not good at all.

Update: Story from the Tennessean.

More: This is interesting.

In the comments section of this post Kay Brooks asked, "I'm curious to know what the benefit is to 'resigning' yesterday (effective Nov. 1) and then pleading guilty tomorrow?" Rep. Stacey Campfield commented in reply to her question with, "collection of about $6,000 in pay."

Very interesting indeed.

More II: As Rep. Campfield just said in the comments...it gets MUCH worse.

Lunch with Kurita

I came in to work this morning (after deciding not to take a last minute trip to the Gulf last night for a little early morning surfing) and remembered that today was the blogger's lunch with state Senator and U.S. Senate candidate Rosalind Kurita.

While her opponent, Rep. Harold Ford, Jr., is attacking blogs, Sen. Kurita seems to be embracing them.

Topics discussed ranged from the troops in Iraq to ethics reform. On the former, Kurita is a strong supporter of the troops (calling them "her troops") and condemned Ford, Jr. for calling the troops "oil cops." I don't think she supports the war, but she will not back away from supporting the soldiers and their families. Too bad there aren't more Democrats like that.

As for ethics reform, she said that she was an advocate for ethics reform on the state level before it was cool to be behind ethics reform. She was definitely not in support of legislators being able to become lobbyists. When asked if she thought Rep. Bowers and Crutchfield should follow Ford and Newton in resigning, her reply was, "My intuition is to say yes," but she quickly added that we are all innocent until proven guilty. On the other hand, "if they are guilty, they should resign."

She also gave bloggers an exclusive by releasing to us a proposal for Federal ethics reform which included the following:

-Ending the revolving door of politicians becoming lobbyists
-Allowing an independent commission to guide the redistricting process
-Require the reporting of "grassroots" lobbying expenses.
-Quarterly reporting of lobbyist spending (instead of every 6 months)
-End lobbyist funded trips for lawmakers
-Stiff penalties for breaking ethics laws

I wonder if Ford, Jr. could support those without looking too hypocritical (I'm just saying).

A couple of other things that stood out to me:

On energy issues: she thinks the energy bill passed by Congress was terrible and thinks that we should focus all our energy on seeking alternative forms of energy (no drilling in Alaska either).

On the nomination of John Roberts: She wishes that someone like Sandra Day O'Conner had been nominated (that is a female), but she seemed to be of the inclination that justices do deserve an up or down vote...only after all questions are answered though.

On taxation: We have a spending problem.

Kurita also mentioned that she goes skeet shooting, and in an attempt to see if she knew anything about firearms, I asked her what shotgun she uses when skeet shooting. I was pleasantly surprised that she uses this shotgun in 20 gauge, but used to use this one which she stopped using because it kept jamming.

Overall, it was a good chance to be able to sit down with her and other local bloggers (both liberal and conservative) to discuss the various issues. I don't think Ford, Jr. will take the time to do such a thing...maybe he thinks he doesn't need to be asked real questions, maybe he needs to take care of "family issues," or maybe he just doesn't care....but it's up to him to prove me wrong.

You all know me well enough to know that I won't be voting left, but if I were a Democrat, I'd be seeking out a nominee for a statewide office that was more toward the center and didn't have "family issues" or potential ethics issues as baggage. Again...I'm just saying.

By the way...thanks to Bill Hobbs for setting this meeting up. I look forward to future lunch meetings with candidates.

Vote for Pedro

The local political pandering over the sales tax referendum never ceases to amaze me. CreativeLiberty has posted an email sent out by Metro Oberführer of Education Pedro Garcia's office encouraging teachers to volunteer for SEUI in making calls in support of the tax increase!

Go read his post...Vote for Pedro.

Newton to Resign

It looks like Republican Representative Chris Newton indicted in Operation Tennessee Waltz will be resigning November 1st.

More from the Tennessean.

Katrina's Threat to New Orleans

Ok...take this post from last September and replace the words "Ivan" with "Katrina."

Light Blogging

There will be continued light blogging today through the weekend. I will be traveling today and tomorrow. Be sure to check back on Monday. :)

The Police ARE NOT the Military

I'm having a random thought day apparently.

Random thought number 3: Why do the police feel like they have to dress, act, and carry automatic weapons around like they are the military?

Case in point: the recent rave raid in Utah. All of the police (I'm assuming local SWAT and DEA) are dressed in full, military-style regalia.

It is illegal for the military to be deployed against civlilians (unless martial law is declared), but the police seem to be getting around that by becoming a para-military force themselves, and they are using their powers against civilians on a regular basis...all under the guise of the war on drugs.

When our police departments become mini-military organizations, we automatically become a police state. If that force is there, it will be used (and is) for anything and everything. If it weren't, they couldn't justify having all that fancy military equipment in the first place.

Welcome to Amerika.

Do we really know poverty?

Just a random thought which I'm sure this is going to open up a can of worms.

I've often wondered...do the poorest of Americans really know what it's like to live in poverty? I'm talking real poverty here...I'm talking the famine in Africa type of poverty. The very fact that our nation's poorest people are able to stay fattened is a testament to this.

I guess it's all relative.

On another note, via SayUncle comes a story showing that Tennessee ranks fifth in the nation for obesity.

Getting tough?

Is the Federal government finally going to get tough on illegal immigration?

Acknowledging public frustration over illegal immigrants, Homeland Security Secretary Michael Chertoff said Tuesday that the federal government's border control efforts must be significantly strengthened.

"Acknowledging public frustration" should read "realizing that it will probably hurt Republicans in upcoming elections."

It's too bad that's the only reason that they are finally (at least) talking about doing something about illegal immigration. I guess protecting the borders isn't a good enough reason by itself.

Read the entire article.

When Fireworks Attack

I just came across a story from Channel 4 (filed yesterday) that discusses the fireworks incident at Greer Stadium that I mentioned last night.

Read it here.

From the story:

Some eyewitnesses believe it may have been fireworks going awry rather than reports of falling debris.

Initial reports suggest that two rockets collided in midair and falling debris injured 5 people. The heat was so intense, it melted a stadium seat.

I can say from my vantage point that it was a single shot that fell into the stands and exploded right in the seats. It definitely wasn't falling debris.

Ohio School Pregnancies

I couldn't resist commenting on this article...

There are 490 female students at Timken High School, and 65 are pregnant, according to a recent report in the Canton Repository.

The article reported that some would say that movies, TV, videogames, lazy parents and lax discipline may all be to blame.

School officials are not sure they what has caused so many pregnancies, but in response to them, the school is launching a three-prong educational program to address pregnancy, prevention and parenting.

They aren't sure what caused so many pregnancies?? I don't know...maybe it was the tooth fairy? My bets are on alien/government tests in creating alien/human hybrids.

Alright then.

Quote of the Day...Read it

SayUncle has the quote of the day. Read it...now.

Liability

This is a bit disturbing (from KnoxNews.com):

Selling gas to a drunk could make store owners legally responsible for injuries suffered if the intoxicated motorist causes a crash, the state Supreme Court has ruled.

The groundbreaking ruling comes in a Knoxville lawsuit that sought to extend the state's negligence laws, long applied to those who hawk alcohol to drunks, to those who provide them gas.

I'm not for drunks or drunk driving for that matter, but this is absolutely insane.

Attorneys Gregory F. Coleman and Michael A. Myers later filed a lawsuit in Knox County Circuit Court, alleging that Tarver's car never would have made it to its tragic collision with West and Richardson but for the $3 worth of gas he bought at an Exxon station on Rutledge Pike just before the crash.

It also wouldn't have made it to its tragic collision if he didn't have tires sold by Earl's Tire Shop.

More importantly, the attorneys alleged, employees at the Exxon, owned by East Tennessee Pioneer Oil Co., knew Tarver was drunk - so drunk that a cashier refused to sell him beer.

The question for the state's high court was whether Pioneer could be held liable for the crash. Could or should its employees have foreseen the risk of a crash and, if so, was there something they could have done to try to prevent it?

While the high court made clear that the store's employees were not required to take affirmative action to stop Tarver from driving, they still could have refused to sell him gas, the court ruled.

This gets a little closer to the argument at hand, but how liable should people be held for the actions of others? What about the places where he first bought the alcohol to get drunk with in the first place? How far can the liability extended? Because of rulings like this, the sky is the limit.

Yes, it would have been better if the gas station attendants had stopped the drunkard, but they (or their company) shouldn't be held liable by the state. It will only lead to more and more lawsuits.

However, there is still hope...citizens can stop this when it goes before a jury:

Knox County Circuit Court Judge Harold Wimberly had dismissed the lawsuit by West and Richardson, ruling that state law did not allow a claim of negligence against Pioneer for injuries Tarver caused.

The case heads back to his court for trial, where a jury must decide if blame should be placed on Pioneer and its employees. The state Supreme Court ruling only allows the case to proceed. The justices did not rule on whether Pioneer was negligent.

Michael Silence has more...(from this morning before I was back behind the blogging wheel).

It must have been a full moon

Yes, I am here...I am alive.

A couple of random things from this past Friday filed under, "it must have been a full moon (or close to it):"

-Friday during the day, I hear lots of commotion coming from the lower floor of my office building. It sounded as though a man had come to confront someone at their workplace about an affair or something, but it ended up being much worse.

I discovered a naked man in the lobby telling people that Jesus had told him to come kill them. A little while earlier (and while clothed), he had stopped a girl out in the middle of the road and jumped on the hood of her car. She (in such a beatiful fashion), proceeded to head toward the grass and slam on her brakes. He fell off, and she sped off.

He was subdued by a security firm that resides on our first floor and tied a raincoat around his waste. When asked what his name was, his reply was, "God."

Someone mentioned that he must have gotten some "bad stuff," when another coworker chimed in with, "or some really good stuff."

-I went to the final "Faith night" at Greer Stadium on Friday night. The show ended with a fireworks display. I was amazed to see the stadium almost completely full. This was partially due to a blitz campaign by the Sounds' ticket office to get as many tickets out there as possible. ABC News was visiting, you know.

After the game, the traditional fireworks display was held. At the very end, a big explosion rocked the stands past the first base line in the outfield. Apparently a sort-of squib round had fallen into the stands and exploded. I don't think that anyone was seriously hurt (I didn't see it mentioned in the news anywhere), but the fire department and a couple of ambulances arrived.

It should also be noted that immediately after the explosion, every lawyer at the game went over to make sure someone was hurt.

CreativeLiberty has more on the explosion.

*Note: Speaking of CreativeLiberty, passwords have been changed. lol

Blog Hack

It has been reported that several Bloggers have had their blog accounts hacked into because they use a wireless connection. Not only do people hack into your unsecure wireless account and get your private information. They can also pose as you through emails, blogs, and make online orders in your name. If the company you work for uses an unsecure wireless server then it would be very easy to send the boss a hate email from another employee.

Secure your wireless connections today. The technology is coming for whole cities to be wireless, soon, the whole world. There will need to be as many advances in firewalls as well. Also, if you have allowed anyone access to your blog accounts, emails, or other personal information for what ever reasons, ie: Guest Bloggers, then you may want to change passwords or disable the passwords.

For more information on all the above go to www.snopes.com

Ford, Junior's "Family Issues"

Liberal blogger Sharon Cobb is scolding Harold Ford, Jr. today for blowing her off over the weekend ...and rightly so. He was supposed to have a quick phone interview with her, but his press secretary said he couldn't make the time due to "family issues" and never got back with her on Sunday. Interestingly enough, she notes that he apparently left an event on Saturday using that same excuse but kept showing up at other events throughout the middle Tennessee area.

I think the only "family issue" Ford, Jr. has is that he really is like his uncle and father.

I'm just saying.

More: I think Junior has a problem (link from July). Maybe the best way to insure that he shows up for something is to pay him.

Ruby Payne Gang

CreativeLiberty has his thoughts up regarding the Metro Teacher "Understanding Poverty" event on Friday with Ruby Payne. It even included a sales tax hike pep-rally led by Mayor Purcell.

Head over and read it.

Justice Sunday II

Justice Sunday II - Live Blogging

5:45: They've started the pre-Justice Sunday II festivities with a full-on praise and worship service. It's interesting walking around with a press pass...people look at you suspiciously. The same goes when I went to get some pictures of the protest across the street. I met the ladies from Tennessee Guerilla Women after they looked at my press pass and asked asked me..."Who are you with?" No worries...we all got along fine.

Speaking of pictures, I'll be uploading pictures here and there up to Flickr. You can see them all here.

6:07: Justice Sunday II is underway. Tony Perkins just said, "We don't claim to speak for every American...but we do claim the right to speak."

6:10: Tim Daly from Focus on the Family: "The framers did not intend for the courts to have absolute power over us." He is also saying what I said this past week...our rights didn't come from the government...they came from God. I'll agree there.

6:13: James Dobson is coming to us via a pre-recorded message. He is in France on a short visit with his wife. He's railing against the Court's rulings on 10 Commandments displays and against the Kelo ruling.

6:16: Dobson said that we don't know exactly how Supreme Court nominee Roberts will lean on issues that "we care about," but for now "he looks good."

6:22: Tony Perkins is using a baseball analogy saying that the courts are changing the rules of the "game." On another note...Cole Wakefield just joined the table with Brittney Gilbert (Blog Brittney Blog), Roger Abramson and myself.

6:24: Tom DeLay is on now. They had to get him a new microphone...I thought they had cut his sound for the media room...considering that he's dodging the press.

6:40: I went in to get a few pictures of Tom DeLay. When I came back Roger Abramson noted that the crowd didn't seem to have much energy, but I noticed a lot of "Amens" coming from the crowd when DeLay was speaking.

6:41: Bill Hobbs (who is liveblogging) apparently spotted U.S. Senate candidates Ed Bryant and Van Hilleary in the audience.

6:45: Bishop Harry Jackson says that justice is not blind (speaking as a black man), but it's also "sitting down on the job."

6:50: President of the Catholic League, Bill Donohue is speaking now. He seems to be getting a rise out of Cole Wakefield who said, "I don't get rich white guys whining about being oppressed."

Donohue is getting the crowd going though with his humorous New York energy.

6:56: Ah...Zell Miller is now speaking.

He made no mentions of a duel, but he did make a pretty straight forward speech on the dangers of letting secularists take over the court system.

7:03: Jett Williams just sang "I Saw the Light."

7:07: Phyllis Schlafly is the current speaker. The table let out a collective sigh when she got up, but I don't mind her that much. I've always liked her work...I may not agree with her on every point, but she seems to get a bad wrap.

"Homosexual sodomy" seems to be the buzzword of the night. I've heard it mentioned at least ten times so far. On this one, I'll have to dissent by pointing out that what a person does in his or her own home is his or her own business.

7:13: Brittney and I are fighting over the last media donut. She just took a picture of it.

7:14: Roger Abramson just pointed out that there are plenty of boxes left at the back of the room. He brought it to the table for us. What a guy.

7:16: Bill Hobbs just came over and got a donut from our table.

7:20: Speaker Cathy Cleaver Ruse says that this is a fight to govern ourselves.

7:22: Rev. Ted Haggard, President of the National Association of Evangelicals:

Should we as church people influence public policy? He says yes...because every belief we have has an impact in public policy.

But isn't there separation between church and state? Yes, and we are supportive of that. That means that the state can't create a state church and they can't restrict how we worship. He pointed out that Jefferson went to church in the House of Representatives.

He said that Christians should learn to speak out.

7:26: Dr. Jerry Sutton is speaking...and speaking fast. I think he's the last speaker and we're almost out of time.

He made the first mention of Terry Schaivo.

7:28: The event is over. I'm going to collect my notes and thoughts and make a reflective post on the entire event. Look for that either tonight or tomorrow (more than likely tomorrow).

The event ends with Rebecca St. James singing.

Justice Sunday II - Press Conference

Live coverage of Justice Sunday II starts here this afternoon.

Press conference at 3:00pm, so look for updates sometime after that.

2:23: I must be early...the media room has only a few people here and there (picture). I've set up a Flickr set so for pictures I upload during the day. You can see those here.

Oh...and full disclosure: I am not being paid (and I thought I was a capitalist).

Ed Morrissey of Captain's Quarters is here and has some excellent thoughts posted on the event and judicial nominations. Head over and read it.

3:05: The internet dropped out for everyone a minute ago. Hopefully that won't be a reoccurring problem. The press conference is starting a little late as well.

FYI...I'll be on AOL Instant Messenger for anyone who wants to contact e during the event. Username is NashvilleFiles

3:15: The press conference is starting.

3:29: Most of the speakers seem to be saying that they are wanting Justices who follow the Constitution and they have stayed away from any religious matters. Dr. Jerry Sutton, however, just hammered home the fact that this country was founded on Christianity.

3:32: Ed Morrissey is liveblogging the press conference as well...and doing an excellent job.

3:38: The Reuters reporter is raising a ruckus over Tom DeLay not being at the press conference. I think we all know why he's not at the press conference. Needless to say he won't be talking to the press (if he can help it).

3:40: WKRN's Chris Bundgaard (sp?) asked why Frist wasn't here. I think some of the press is making too big of a deal about this.

3:43: The question of abortion has come up. The stance seems to be that abortion should be up to the states and should have never even been decided by the court. I agree.

3:46: The question has come up about whether or not the Constitution is living or not. The answer: It's only breathing through an amendable process. Hey...didn't I say that before?

3:49: The press conference is over.

4:19: The press is very skeptical about this event...at least that's what I'm gathering from the conversations I'm overhearing here and there by members of the press corps.

4:22: Roger Abramson of the Nashville Scene just arrived...his first stop: the buffet.

Ok...enough here. The rest of the live blogging will be done on the post immediately after this one (above).

A Couple of Thoughts

Apparently I should offer some type of prize to the people who read the entire post below.

Or maybe not...heh

On another note, for some reason I was reminded of this Saturday Night Live skit when I saw this. Maybe Brittney should start the Herlihy Girl Blogger Service.

He won't be charged

Jacob Evans (who I wrote about yesterday) won't be charged after defending himself against two would-be robbers.

I liked this little tidbit as well:

Gibbons said Evans also would face no charges for failing to have a permit to carry a concealed weapon. State law prohibits filing such a charge when a firearm is used for justifiable self-defense, Gibbons said.

At least he doesn't live in places like New York or Chicago or Maryland.

Those Darn Unenumerated Rights

Today SayUncle asks "What is a right?" Specifically, what are the rights that fall under the 9th Amendment. I had been meaning to write some on this, so I think that at SayUncle's prompting, it makes for a perfect time.

The 9th Amendment

First, the 9th Amendment states the following...

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

During the time period that the Constitution was ratified, there was a large group who didn't want to see a Bill of Rights added to the Constitution. At first it's hard to imagine who could possibly be against the creation of a list of protected rights (from government usurpation). However, their reasoning actually made sense.

If you put forward a list of enumerated rights, the government may take that as the only rights that the people have. If it's not listed in the list of rights, then it must not exist...at least in the eyes of the government. In fact, it was the contention of many that it would be impossible to list all of the rights that a person has. In other words, there are rights that exist that are not listed in the Bill of Rights which should still be respected by the government.

James Madison addressed this issue in front of the House of Representatives when presenting the proposed amendments to the Constitution (the Bill of Rights)...

It has been objected also against a bill of rights, that, by enumerating particular exceptions to the grant of power, it would disparage those rights which were not placed in that enumeration; and it might follow by implication, that those rights which were not singled out, were intended to be assigned into the hands of the General Government, and were consequently insecure. This is one of the most plausible arguments I have ever heard against the admission of a bill of rights into this system; but, I conceive, that it may be guarded against. I have attempted it, as gentlemen may see by turning to the last clause of the fourth resolution.

That clause would be the 9th Amendment.

Unenumerated Rights

So then...just how many rights does a person have? If someone were to list out 20 rights that a person has, another could easily add 20 more...the next person 20 more...ad infinitum. I have an individual right to sit out in my garage and smoke a cigar while working on my British car. I also have a right to wear cargo pants on Thursday. If you think about it, an individual's rights are almost limitless as long as those rights don't infringe upon another's rights, and that's the key element. Your "rights" are no longer rights when and if you are infringing upon someone else's rights. The exception could be that if I am smoking my cigar and it is infringing upon someone else's right of smoke-free air, they always have the freedom to leave the area. If a choice exists to easily remove yourself from the area of infringement, then there shouldn't be an issue and I can continue on in my smoke-filled area as I please.

These supposed minor rights may seem trivial, but such things were on the minds of people when the Bill of Rights was introduced. If I prefer to wear my hat a certain way and it's not enumerated in the Bill of Rights then what's to stop the government from deciding that I have no right to wear my hat a certain way thus regulating the "proper" wearing of hats? The way I wear my hat is not infringing upon another's rights, so it is an unenumerated right under the 9th Amendment. What about the proper wearing of arms? If I decide to wear a rifle strapped across my back, is that really infringing upon someone else's unenumerated rights? Why then can't I wear a rifle strapped across my back in downtown Nashville? Hmmm.

The Origin of Rights

Many people have asked the question, "Where do our rights come from?" For a religious believer the answer is simple: God. For a non-religious person (or non-believer), it's not as clear of an answer. The founding fathers were themselves believers in a higher power and they were secure in pointing to the Creator as the origin of all rights of man.

The Declaration of Independence points directly to the Creator as the source of our rights:

We hold these Truths to be self evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty, and the Pursuit of Happiness — That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed.

I hate to ask it, but without a belief in a Creator can an atheist even fathom the fact that a person has rights that exist outside of what a government grants them? How can a person try to explain the idea of "unalienable rights" to a person who doesn't believe in a Creator (yes, an atheist has asked me how can someone believe in natural rights if they apparently came from a Creator that they don't believe in)?

Before the idea of governments and living in a society came about, man could do as he pleased. He did what he wanted, when he wanted. It could be considered the ultimate in individualism. When man moved to living in society, he had to agree to a set of rules that kept things bearable for the others around him. He still, however, was an individual. Governments came and went along with individual rights, but the man still had natural rights that existed prior to government.

This prior existence can be used as a means for justifying the existence of rights that are not enumerated in the Bill of Rights and thus fall under the 9th Amendment. They can include (but are not limited to) Life, Liberty, and the Pursuit of Happiness. The Pursuit of Happiness is itself a limitless phrase which specifies that there are natural rights which an individual can exert, literally, in the pursuit of one's happiness, again, as long as that exertion doesn't encroach upon another's rights.

In short, for a believer, rights come from the Creator. For an atheist, rights existed prior to the existence of governments so they should be respected by governments. (*Note: It may not be the best explanation, so if anyone would like to take another stab at it, let me know.)

Unenumerated Rights...Forgotten

Unfortunately, today, we (especially those in power) have forgotten what rights really are. Rights are not something that is granted by the government. As I have shown above, rights existed before government thus they can not be granted. However, the government seems to believe, along with a willing populace, that they are the final authority when it comes to what rights you, as a citizen, can have.

Now, it doesn't even matter if a right is enumerated in the Bill of Rights. The perverse idea that the government entity is the final authority and grantor of rights has caused us to loose rights that were not only specifically listed but also ones that weren't listed (under the 9th Amendment). When have you ever seen someone under prosecution use the 9th as a defense (and if so, successfully)?

Government exists because the people allows it to exist by the "Consent of the Governed." When the phrase "Consent of the Governed" loses its meaning, the government is given free reign over the lives of its citizens. Free reign to regulate arms, free reign to confiscate property, free reign to regulate morality, free reign to come into your home, free reign to watch your every move...free reign to control every aspect of your life. It wasn't meant to be that way.

How We Got Here

Back in May, I wrote a post entitled "Health Care a Right? Rights are not hand outs" where I pointed out that the definition of a "right" had apparently been twisted into a definition that meant something entirely different that what it used to be, and my finger was pointing directly at the left...

The left can't seem to understand this. In their effort to create a more benevolent government, they are creating a bigger government. They, as well as true Conservatives, cherish their rights (the right to self-defense notwithstanding). Yet, at the same time, they are pushing for more and more government intervention into people's lives. It simply doesn't work. Since the New Deal era, we have created a society that seemingly doesn't care what a bigger government will lead to. All they care about is what the government can provide, and if you stand in their way, then you are apparently standing in their way of happiness.

Life, liberty, and the pursuit of happiness can't be provided by the government. Instead, it should be a personal pursuit that each person can undertake without restriction of government intervention. That is true liberty...that is true happiness.

I will add that it's not entirely the left's fault...it's our fault as a country...as a whole. We have, in our laziness, granted the government too much power. True to form, the government has taken that power and morphed into a giant that we can no longer control. Sure, it feels good to say that "We the People" still means something, but "We the People" apparently don't care anymore...just so long as we get our free healthcare, welfare and social security all courtesy of the government on the backs of our fellow citizens. (Oh, and not to mention our daily dose of soap opera news to keep our minds occupied.) In our selfishness we have, in essence, given away our own rights...both enumerated and unenumerated, and we don't even know it.

We've also used the abominable phrase, "there ought to be a law" in order to use the government to take away other people's rights to do things that we may not necessarily agree with. Last week, Roger Abramson had an excellent article in the Nashville Scene lambasting the government's enforcement of so-called "victimless crimes." It provides excellent examples of how we have given power to the government to do things that it was never intended to do in the first place...thus making it even bigger and more difficult to reign in.

The Modern Reality

Here's the reality of our situation: We've lost control of the government, given up our rights, and "We the People" are too damn lazy to do anything about it. It's that simple. Politicians that promise a true "getting the government out of our lives," Constitutional platform can never get elected.

Is there anything that can be done? Do we make a stand in the name of freedom? Will it be through force or through votes? Will it take a long time? How will people react to such changes? Can we educate them? Will they give up their entitlements for freedom? I don't have those answers, but I am fast becoming a pessimist when it comes to such a change. It may never happen, it will probably get worse, and your children will surely live in bondage...more so than you do today...all because "We the People" decided to do nothing.

One Regret: "I didn't kill the one that got away."

So says Memphis resident 59-year-old Jacob Evans after defending himself against a would-be robber with six rounds from a .357 magnum...

He said they'd gotten him two weeks ago in his front yard, forcing him to the ground with a gun and stealing $400.

But this time, 59-year-old Jacob Evans was ready.

Tuesday, the same two robbers returned, telling him to withdraw $10,000 from his bank, or die, he said. Instead, Evans deposited six bullets in one of them.

"I got prepared for them," Evans said, standing outside the Criminal Justice Center Tuesday night. "Today they acted a damn fool and came back."

*Note: The Commercial Appeal requires free registration to view their stories. The story is a very good read, so I've included the entire story in the extended portion of this entry.

While doing a ride along with the North Las Vegas police back in November, we came to a man's house (who was about in his mid-60's) that had just been robbed. Apparently a young punk had repeatedly broken into his house even while he was at home! Why did he keep coming back? Because the man couldn't do a thing about it (he didn't own a firearm) and the cops are always the last to arrive. The punk knew it, and he knew he could get away with it.

I asked the officer I was riding with why he just didn't tell the man to buy a gun. I knew the answer. The police can't tell people to defend themselves (much to the chagrin of the officer I was with), but at the same time, the police have no legal duty nor are they able to always protect citizens.

This leaves people with two options...either take steps to protect yourself like Jacob Evans or become another statistic.

The choice is yours.

More: Here's another good story out of Richmond, VA relating three stories of people protecting themselves instead of becoming just another victim.

On the other hand, here's a story from Wisconsin where police chiefs are coming out against a conceal-carry act because they consider it an "officer safety" issue. Just exactly how many permit holders have killed cops in the past? I've never heard of any...and if it had ever happened I'd bet it would be all over the news.

Victim strikes back
Forced at gunpoint to bank, man kills back-seat suspect

By Sherri Drake
Contact
August 10, 2005

He said they'd gotten him two weeks ago in his front yard, forcing him to the ground with a gun and stealing $400.

But this time, 59-year-old Jacob Evans was ready.

Tuesday, the same two robbers returned, telling him to withdraw $10,000 from his bank, or die, he said. Instead, Evans deposited six bullets in one of them.

"I got prepared for them," Evans said, standing outside the Criminal Justice Center Tuesday night. "Today they acted a damn fool and came back."

Shortly after 2 p.m., Memphis police arrived at First Tennessee, at 1200 S. Third, and found one of the robbers shot to death, lying face down in the back seat of Evans's Lincoln Towncar.

About 20 minutes earlier, Evans was pulling up to his home in the 300 block of Edsel in South Memphis, when the two 20-something men came out from behind some hedges with guns, forced a friend of his out of the car and jumped in. Evans was in the driver's seat, one robber was in the front seat and another in the back.

Evans had just gotten off work at Hershey Foods, where he's a sanitation worker. He was wearing his uniform and a blue hairnet.

With guns pointed at Evans, the robbers told him to drive to a nearby bank to get some money. He told him he didn't bank there, but said he had an account at First Tennessee.

"If I didn't withdraw $10,000, they said they were going to kill me," he said.

As he was driving, Evans said he looked for police but didn't see any and tried to work out a plan. The bank's about two miles from his house.

He pulled up to the teller window and told the men he would need a withdrawal slip to get the money. The front-seat robber handed his 9mm pistol to the back-seat robber -- who already had a .22-caliber rifle -- and went inside to get the slip.

Evans noticed a security guard leaning against the bank's wall and mouthed to him: "Call police, I'm being robbed."

The robber, sitting directly behind the driver's seat, asked him what he said and Evans told him, "I didn't say a damn thing."

The man kept turning around nervously to look at the security guard, Evans said. That's when Evans reached under his seat and pulled out a .357 Magnum.

"When he turned around, I unloaded six rounds in him," Evans said. "He didn't have a chance."

Evans bought the gun in the parking lot of a gas station the day after he was robbed two weeks ago. He'd cleaned it up, putting baby oil in the revolver, so it'd be ready if he needed it.

Evans said he got out of the car and started to reload when the other suspect came out of the bank. "He took off running."

He tried to shoot that suspect too, but his gun wouldn't fire.

Someone inside the bank called 911. When employees heard the gunshots, the bank was immediately locked down and remained closed Tuesday, said spokesman Walter Dawson.

Late Tuesday, investigators were looking for the man who ran away and were working to identify the man who died, said Lt. Toney Armstrong.

After being questioned by police, Evans said they told him he was free to go.

Police said late Tuesday their investigation will be turned over to the Shelby County District Attorney General's Office, as a matter of routine.

Evans said he has only one regret. "I didn't kill the one that got away."

Tuesday night, his family drove up from Mississippi to be with Evans, who said he was happy to be alive.

"It's really not something to be proud of," he said. "But I'm happy it was them and not me."

About our coverage

After much discussion, editors of The Commercial Appeal decided to publish today's photograph to focus public attention on the alarming rise in homicides and violent crime in Memphis. Editors felt that the circumstances of Tuesday's incident outside a South Memphis bank, in which an apparent robbery victim fatally shot one of his alleged abductors, warranted Page 1 treatment.

Keep Nashville Growing

To counter the pro-tax group, Nashville Tomorrow (discussed earlier here), a new organization has been formed for the sole purpose of opposing the 1/2 cent sales tax hike that will be voted on September 13th.

It's called Keep Nashville Growing. Head over and check it out.

Common Sense Eludes Them

Common sense eluding people in public office? In the Metro board of education? Say it ain't so!

CreativeLiberty (one of my guest bloggers from a few weeks ago) has started his own blog. Head over to read what he has to say about the plans for Friday's in-service day for Metro school teachers.

Is this the kind of stuff that our higher tax rates cover?

Fight hypocrisy with hypocrisy?

Is it possible to counter supposed hypocrisy with hypocrisy of your own? Apparently so.

More: Last week Glen Dean also pointed out the hypocrisy in these anti-Justice Sunday rallies. He seems to have gotten a lot of spirited responses.

Just the good ole boys

Occasionally I'll do a movie review here and there, so I thought I'd provide a quick review of the newly released, Dukes of Hazzard.

I wasn't expecting much from this movie. I had expected it to be another crappy remake of an old TV show...but I was in for a surpise. Maybe it's because I had low expectations going in, but I really enjoyed this movie. Not only that, but it was hilarious. What makes this movie? The car chase scenes...bar none. It makes me want to sell the MG and Land Rover and go out and buy a Charger right away (or a Yugo).

In other word...go see this movie.

Oh yes...and a friend of mine (who goes by the name of Joe) saw an early sneak peak of The Great Raid. I was afraid that they would water down the realities of Japanese brutality, but according to Joe, that wasn't the case. He reports that the movie really does show the brutality of the Japanese and that, overall, the movie was very well done. I'll be seeing that this weekend (hopefully).

Justice Sunday II: This Time it's not Justice Sunday I

It looks like I'll be heading over to Two Rivers Baptist church again next Sunday for Justice Sunday II: This Time it's not Justice Sunday I. I will hopefully be liveblogging it in the media center overlooking the sanctuary (how many churches have "media centers?").

I didn't make it to the first Justice Sunday, so I really don't know what to expect. However, I do have to say that I'm not really a big fan of flag-waving churches. I agree with Glen Dean of Nashville Truth who, last week, wrote the following:

I just do not like to see the pulpit used for anything other than leading people to Jesus. I love to discuss politics, but when churches engage in politics to this extreme, it bothers me. I just feel that a pastor’s job and a churches job is specifically to spread the Gospel of Jesus Christ and lead people to the Lord. The church was not created for those who are well, but for those who are sick. I really wish that churches would get out of partisan politics and get back to evangelism.

Exactly.

Either way, I'm going to go cover the event and provide my opinion. Bill Hobbs will also be there as well as Brittney Gilbert (along with some other bloggers). I just hope that coffee and donuts will be provided in the media center. heh

The Miracle of Electricity

On Friday, just as I was writing my second blog post of the day, the power went off. I've been dealing with power issues all weekend, and each one was completely unrelated. The power goes off at work, the power goes off downtown (still work related), and I had to replace the battery in my car.

Coincidence? Probably.

Thanks Memphis

Thank you to everyone in Memphis for continuing along their normal path. We here in the rest of Tennesee want to try to clean up the corruption that plagues our state government, but Memphis apparently doesn't care about that.

Thanks.

Pro-Tax Group Launches

A group calling itself Nashville Tomorrow has launched which promotes higher taxes in order to help the schools and ease the tax burden for the elderly.

According to the Nashville City Paper their group is compromised comprised of an all-star list of groups: Seniors Inc., Stand For Children, SEIU, Metro schools’ parents advisory council and the Nashville Area Chamber of Commerce.

I have a unique idea for them. If they want the schools to be better, perhaps they should put efforts forward promoting responsible spending by the schools and working towards finding real reforms to make our schools better.

As for tax relief for the elderly...

While Poole graduated from Nashville public schools, his work in the Trustees office makes him an appropriate advocate for the tax relief for seniors.

“I’ve seen firsthand the plight of our seniors who are on fixed incomes whose property taxes continue to escalate,” Poole said. “We’ve got to do something to help those folks …”

You want to help them? Um...ok...how about lower taxes?

I'm sure this will ignite some passions, but I don't see how certain segments of the population can get a free pass on paying taxes. If you have to exempt people from taxation because they are unable to pay the bill then obviously taxes are too high. Does that ever cross anyone's mind?

If they want to really help the children they should be focused on reform. However, that's not their goal. They are living inside a box, and thinking outside of that box (reform) ist verboten. They want to continue doing what they've always been doing, but that's only going to take more money (aka...higher taxes) all leading to the same result...continued failure of the schools.

Wash, rinse, repeat.

Common Sense

This is probably the most common sense thing I have ever read regarding firearm's legislation. It comes from the Fraternal Order of Police in a letter to Senator Larry Craig regarding Sen. Kennedy's amendment to the "Protection of Lawful Commerce in Arms Act" which would attempt to get "cop-killer" bullets off the shelves.

The truth of the matter is that only one law enforcement officer has been killed by a round fired from a handgun which penetrated his soft body armor -- and in that single instance, it was the body armor that failed to provide the expected ballistic protection, not because the round was "armor piercing."

"It is our view that no expansion or revision of the current law is needed to protect law enforcement officers. To put it simply, this is not a genuine officer safety issue. If it were, Senator Kennedy would not be offering this amendment to a bill he strongly opposes and is working to defeat.

Head over and read the entire letter (PDF format).

By the way...that amendment was rejected.

Anti-Income Tax Pledge

Keeping their feet to the fire.

Speeding Ticket Frenzy - Hoax

Last week I heard a rumour about some type of "speeding ticket frenzy" that the state is undertaking. The person who told me about it said they saw it in an email...as in an email forward. Later on, I received the email forward from a friend.

Pass this along to whomever else you'd like to get this. (My friend [omitted], who works for the government says it is legal for them to stop you at 3 miles over the limit but for this ticket frenzy, they are going for 5 mph over.)

Tennessee will launch a 30-day speeding ticket frenzy beginning July 31,
2005. The state of Tennessee estimates that 9 million dollars will be
generated in speeding tickets. 1 million will go to pay state troopers
overtime. There will be 57 state troopers on duty at all times
patrolling.

They will be patrolling the following:

I-24 east and west
I-40 east and west
I-65 north and south
I-75 north and south

Now 5 mph above the limit can justify a ticket and every state trooper
is supposed to pull a car over and write a ticket every 10 minutes. They
have issued 30 brand new unmarked Crown Victoria cruisers and they are
bringing all their part timers on full time. I was told 101.5 FM
confirmed all of this.

I had my doubts about its authenticity from the beginning. Several things clued me in as being a classic email hoax...1) Forward this to everyone you know; 2) A friend told someone about it; 3) They heard it through some news outlet, so it must be true. Despite the fact that it looked like a blatant hoax, I kept getting the email...even from the TFA mailing list.

This morning my suspicions were confirmed when I heard a state department of safety official on the radio confirm that it was a hoax. Of course, if you don't believe me, you can always look it up on Snopes.com. It's simply not true.

Remember...don't believe anything you get in an email forward. Now forward this to everyone you know.