Category Archives: Individual Rights

SCOTUS Legalizes ID Theft (While Gun Owner Is Nabbed)

Crime, Criminal Injustice, IMMIGRATION, Individual Rights, Justice, Law, The Courts, The State

The Supreme Court has “ruled in favor of an illegal alien convicted of using false social security numbers, reports BILL TUCKER for CNN’s Lou Dobbs.

“The court said an individual using a false identity cannot be charged unless prosecutors can prove that the individual knew in advance that the identity belonged to a real person. … Do you feel better knowing that it is now legal for an illegal alien to steal your identity if he or she doesn’t know it’s yours?”

“The courts ruled differently in the case of a Wisconsin gun owner, David Olofson remains in prison for something he didn’t know that his malfunctioning rifle would be classified as a machine gun by federal authorities.”

BILL TUCKER, CNN CORRESPONDENT: David Olofson will remain in the federal penitentiary where he’s been for 10 months. He must complete his 10 to 30 month sentence for illegally transferring a machine gun. Olofson lent his AR15 rifle to a neighbor to shoot on a target range, the semiautomatic gun fired a couple of multi-round bursts after firing hundreds of rounds of single shots.
Instead of simply seizing the gun or ordering its repair, Olofson was put on trial, convicted and given a jail sentence. The judge at his trial said he had shown he was ignoring the law and had considerable knowledge of machine guns. The seventh circuit court heard his appeal in January and now has affirmed his conviction. It’s a ruling that gun rights advocates call chilling.

DAVID KOPEL, INDEPENDENCE INSTITUTE: The taking away if the Bureau of Alcohol and Tobacco Firearms wants to enforce the gun laws against you with the utmost stringency the courts are not going to provide any protection.

TUCKER: Part of Olofson’s appeal rested on the argument that his gun malfunctioned, therefore it didn’t fit the definition of a machine gun, but the jury, following the judge’s instructions, convicted Olofson.

PROF. MICHAEL O’HEAR, MARQUETTE UNIV. LAW SCHOOL: There is a very high degree of deference to jury decisions.

TUCKER: The court did not accept Olofson’s argument that he did not know he had a machine gun.

“On the same day, the Supreme Court threw out an illegal immigrant’s conviction for identity theft saying the government had not proved that the man knew the documents he received were false.”

KRIS KOBACH, IMMIGRATION ATTORNEY: It is interesting that the two opinions come down on the same day. The Supreme Court said in the case of the immigration identity theft statute, knowingly means knowingly and you have to know you stole a specific person’s identity.

[SNIP]

As I’ve said, “I know I can always rely on America’s deracinated elites to elevate the interests of the enemy above those of the people. In other words, I trust the government’s untrustworthiness. When it comes to breaching the public’s interests, the government’s track record is better than good.”

Still, the American state takes treason to new heights.

Updated: Missouri Police State: Beware Of People Like … Me

Constitution, Federalism, Founding Fathers, Individual Rights, libertarianism, Liberty, Natural Law, Political Correctness, Propaganda, Republicans, Ron Paul, Taxation, Terrorism, The State

The following is an excerpt from my new WND.com column, “Missouri Police State: Beware Of People Like … Me”:

“A secret Missouri State police report, entitled ‘The Modern Militia Movement,’ and dated February 20, 2009, is warning about subversives like … me. Apparently, this scribe has all the attributes of a militia member, and then some.

One of the incriminating telltale signs the Missouri Information Analysis Center (MIAC) is on the look out for are Ron Paul stickers.

I have one on my car. It reads: ‘Don’t blame me, I supported Ron Paul.’

The MIAC has cultivated an ensnaring network of snitches and spies, ‘consisting of local, state and federal agencies, as well as the public sector and private entities.’ Its malign manifesto alerts to other ‘paraphernalia’ associated with the patriot movement: Flags.

Guilty again. …

Dare to inveigh against the malignant and metastasizing Federal Frankenstein, or about states’ and individual rights, and, you’re militia material.

Again; that’s my motto, week-in and week-out on WND.com. If the Constitution and the natural law mean anything at all, then, almost everything the Federal government busies itself with is either unconstitutional, immoral, violative, or all three. I say that a lot. And I leave a pixelated trail behind. …”

Read the complete column, “Missouri Police State: Beware Of People Like … Me,” now on WND.com

Update (March 27): Thanks, Judge Robert. That’s what I needed to hear; that I’ll have a (pro bono) defense. (Grin) One problem: You are probably also on the Missouri Police State’s Most Wanted list.

Unrelated: IlanaMercer.com’s front-page feed is down. Our trusted website developer is working on the problem.

The Death Of The Mighty Dollar

China, Economy, Federal Reserve Bank, Foreign Policy, Individual Rights, Inflation

The trashing of the dollar by Bush/Barack is worrying those to whom we’ve been exporting our inflation. The US’s relationship with China is another fiasco. We’ve relied on that country to finance our debt, but kept up the sanctimonious preaching. (Search BAB’s “China” archive for details.)

How do you like that for hypocrisy, to say nothing of a performative contradiction? Preaching about human rights and individual rights while simultaneously fleecing your own people without flinching!

The patient Asians took what we dished, but now, they’re getting nervous about their finances.

From the FT.com:

China’s central bank on Monday proposed replacing the US dollar as the international reserve currency with a new global system controlled by the International Monetary Fund.

In an essay posted on the People’s Bank of China’s website, Zhou Xiaochuan, the central bank’s governor, said the goal would be to create a reserve currency “that is disconnected from individual nations and is able to remain stable in the long run, thus removing the inherent deficiencies caused by using credit-based national currencies”.

Analysts said the proposal was an indication of Beijing’s fears that actions being taken to save the domestic US economy would have a negative impact on China.

“This is a clear sign that China, as the largest holder of US dollar financial assets, is concerned about the potential inflationary risk of the US Federal Reserve printing money,” said Qu Hongbin, chief China economist for HSBC.

Although Mr Zhou did not mention the US dollar, the essay gave a pointed critique of the current dollar-dominated monetary system.

Update II: It’s Life, Liberty, Property

Classical Liberalism, Constitution, Glenn Beck, Individual Rights, Liberty, Private Property

I like Fox broadcaster Glenn Beck, I really do, if only because he exudes sheer goodness and has a visceral feel for freedom. However, starting a confused revolution, as he has, only adds to the philosophical confusion of a people too lazy to plumb the depths of their founding documents.

I’d like to hear less of the “pursuit of happiness” phrase from the Declaration of Independence,” and more about how no “State” shall “deprive any person of life, liberty, or property, without due process of law.”

Thomas Jefferson had opted for the inclusiveness of “the pursuit of happiness,” instead of sticking with the Lockean “life, liberty, property.” He meant property plus, but, instead, bequeathed us a vagueness that has undermined property.

The “Virginia Declaration of Rights,” written by George Mason in 1776, brings together “property” and the “pursuit of happiness”:

“That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.”

The right to property includes self-ownership. As I’ve written: “The right of ownership is an extension of the right to life. If ownership is not an absolute right but is instead subject to the vagaries of majority vote, then so is the right to life.”

Glenn again: Beck insisted some time back that our rights come from God and that unless you believe in the Almighty, you cannot defend rights. That’s a non sequitur. Rights are rooted in the nature of man. Whether one defers to reason or revelation for their justification–the natural rights of man remain inalienable.

Philosopher Ayn Rand anchored man’s rights in his nature. “Rights are conditions of existence required by man’s nature for his survival,” she wrote in Atlas Shrugged. In order to survive, man must—and it is in his nature to—transform the resources around him by mixing his labor with them and making them his own. Man’s labor and property are extensions of himself. The right of ownership is thus an extension of the right to life.

Glenn also asserted that we merely loan our rights to the government temporarily to protect. I understand he means well, but, but…

No! That’s not so. Rights are never on loan; they cannot be alienated (although our friend Walter Block has made an interesting case for supreme freedom by arguing for one’s right to sell oneself into slavery). Unless of course a man takes the life of an innocent other. Then, by virtue of his actions, he has forfeited his right to life.

Back to Beck: The government is merely entrusted with upholding natural rights. It cannot grant or repeal them. We don’t loan our rights to anyone.

It’s bad form and bad language to suggest so.

Update: With reference to The Judge’s comment: rights are never lost–not even when reason is jettisoned. More often than not, however, rights are violated.

Update II (March 16): If you want to find out about natural rights, you have to be prepared to show some initiative and do a bit of searching and reading on this blog and website, where you’ll find ample material—my own in addition to references. Click the Classical Liberalism post on the right. Also, go to the various searches on the main site, here and here.

The ilanamercer.com mother site, to which BAB is a companion, is set up for your convenience. But if you need spoon feeding, how on earth will you be capable of wielding a pitchfork when the time comes?

So too can BAB’s archives be plumbed for entries and discussions of rights, negative vs. positive (the bogus kind). The search-by-categories on BAB can’t be missed.