Now THIS Is An Unethical Judge!

I don’t know what’s happening to judges’ judgment  lately, but it’s not good.

Texas State District Judge George Gallagher was annoyed by defendant Terry Lee Morris’s refusal to answer his questions and making various statements himself, so he ordered that Morris have a stun belt strapped around his legs. From the Appeals Court opinion:

“Mr. Morris, I am giving you one warning,” Gallagher told Morris outside the presence of the jury. “You will not make any additional outbursts like that, because two things will happen. Number 1, I will either remove you from the courtroom or I will use the shock belt on you.”

“All right, sir,” Morris said.

The judge continued: “Now, are you going to follow the rules?”

“Sir, I’ve asked you to recuse yourself,” said Morris.

Gallagher asked again: “Are you going to follow the rules?”

“I have a lawsuit pending against you,” responded Morris.

“Hit him,” Gallagher said to the bailiff.

The bailiff pressed the button that shocks Morris, and then Gallagher asked him again whether he is going to behave. Morris told Gallagher he had a history of mental illness.

“Hit him again,” the judge ordered.

Morris protested that he was being “tortured” just for seeking the recusal.

Gallagher asked the bailiff, “Would you hit him again?”

Each “hit” sent an eight-second, 50,000-volt shock into Morris. Judge Gallagher had Morris shocked three times. It terrified Morris sufficiently that he didn’t return for the remainder of his trial and missed almost all of his sentencing hearing. Continue reading

Morning Ethics Round-Up, 3/5/2018: An Oscar Hangover, A Panamanian Mess, An Australian Play, And A 7-11 Moment

Hello!

1 Let’s get the Oscars out of the way. I didn’t watch, choosing instead to finish streaming Netflix’s excellent “Seven Seconds.” I have skimmed the transcript and checked the reporting, however, and these items leap out..

  • On the “red carpet,” Ryan Seacrest was snubbed by the majority of the stars he tried to chat with them. Seacrest was accused of sexual harassment by his ex-personal hair stylist last year. His employer hired an independent counsel to investigate, and could not confirm her allegations, so he kept his job.Never mind: he was snubbed like a leprous skunk at a picnic anyway.

This is a flagrant Golden Rule fail. Not one of the over twenty stars who walked by him while he was trying to do his job would feel fairly treated if they had been in his position. It also is as perfect and example as there is of how the #MeToo movement is a witch hunt, not interested in facts, or fairness, just power and the ability to destroy without due process.

If I was going to watch the Oscars, the treatment of Seacrest in the pre-show would have changed my mind. These are awful people. To hell with them.

  • The disgusting and smug Jimmy Kimmel hosted, because he’s “America’s Conscience of America” despite seeking ratings by encouraging parents to be cruel to their own children for his amusement.

He began the night with a penis joke.

  • As I noted in yesterday’s Warm-Up, the Oscars are now part of the effort to divide the nation. Bigotry is good, as long as it’s trendy bigotry:

…Presenting the best director award, Emma Stone introduced the nominees as “these four men and Greta Gerwig.” Nice. Misandry is funny! (Gerwig lost. GOOD.)

Maya Rudolph assured the presumably racist white viewers, “Don’t worry, there are so many more white people to come.” Bite me, Maya.

…And, of course, “Get Out!,” the racist film that I have already written about more than it deserves, won Best Screenplay, because representing all white people as monsters is award-worthy.

  • In the past I have devoted whole posts to the Academy’s snubs in its “In Memoriam” segment, which is supposedly Hollywood’s final salute to film artists who made their final exits. At this point, I really don’t care what the Academy does, but the loved ones and fans of the snubees care, and that should matter to the Academy. Here is the complete list of omissions that at least someone has complained about. I’ve highlighted the ones who really should have been included:

Bill Paxton
Stephen Furst
Powers Boothe
Juanita Quigley
Ty Hardin
Francine York
Miguel Ferrer
Skip Homeier
Anne Jeffreys
Lola Albright
Lorna Gray
Dina Merrill
Conrad Brooks
Robert Guillaume
John Hillerman
Jim Nabors
Rose Marie
Adam West
David Ogden Stiers
Dorothy Malone
Della Reese
Dick Enberg
Tobe Hooper

The names fall into five categories. Bill Paxton is in one of his own: he was left out of the list due to a silly technicality: he died right before last year’s Oscars, so it was too late to include him in 2017, and some jerk decided that since he was a 2017 death, he couldn’t be honored this year either.  The second category is flat-out mistakes: Dorothy Malone won a Best Actress Oscar; if that isn’t enough to be listed, what is? Director Tobe Hooper was responsible for a film that revolutionized horror movies, “The Texas Chain-Saw Massacre,” and also directed “Poltergeist.” He was an important director. When two of your films launched sequels, remakes, sequels to remakes, and endless knock-offs, Hollywood should show some respect: it made millions because of Tobe Hooper.

Category 3: John Hillerman and Powers Boothe were successful and prolific film actors in some major movies, though both are remembered best for their TV work. There is no good argument for omitting them.  In the fourth category are TV actors who made a few mostly  forgettable films: West, Jeffreys, Merrill, Ferrer and Hardin. I can see the argument: they will be honored at the Emmys.

Stephen Furst deserves a category all his own. He played a memorable character in a classic, iconic film: “Flounder” in “Animal House.” That should have been enough to earn a place in the roll call.

That’s it for the 2018 Academy Awards.

Let us never speak of it again. Continue reading

Morning Ethics Warm-Up, 3/3/18: Museums And Victims And Brooks, Oh My!

 

Good Morning, bad night…

(and thank goodness it’s Saturday…)

1 Programming young victims to lie. In my mailbox today is a message from the Democrats.org, which, I must note, has ignored multiple requests to stop sending me their hackery. I have unsubscribed: it apparently makes no difference. This is both illegal and unethical, and only reinforces my previous conclusions about the House of Clinton, Perez, Pelosi, Wasserman Schultz, et al.

The message is allegedly authored by Sarah Imam, who announces herself as Parkland shooting survivor and writes in part,

On February 14th, I lost 17 members of my community in a mass shooting at my school, Marjory Stoneman Douglas. But we, the survivors, refuse to let their names be forgotten. We refuse to let their deaths be in vain. We have decided to take action to ensure that an event like this will never happen again. We are calling for stricter gun laws. We are calling for change.

Now, is Sarah lying, or is someone lying to Sarah, or to us? There is no “change” that will ensure that no mass shooting, in a school or anywhere else, will ever happen again. This is a false promise. Does Sarah know that, or is she just a puppet, being used to promote a dishonest message? Then we must ask, is Sarah smart enough to know that the only “change” that could even theoretically “ensure that an event like this will never happen again” is to ban and confiscate all guns. Is that what she means? Is that what Democrats really want to do, but can only express it that desire in code, and through the willing, naive mouths of grieving teens?

2. David Brooks doesn’t get it. Again. New York Times Stockholm Syndrome-addled formerly- conservative op-ed writer David Brooks nicely encapsulates the central delusion of “the resistance” and others, arguing that the gun control battle will be the tipping point for a progressive victory in the culture wars because…

“Progressives could be on the verge of delegitimizing their foes, on guns but also much else, rendering them untouchable for anybody who wants to stay in polite society. That would produce social changes far vaster than limiting assault rifles. Two things have fundamentally changed the landscape. First, over the past two years conservatives have self-marginalized. In supporting Donald Trump they have tied themselves to a man whose racial prejudices, sexual behavior and personal morality put him beyond the pale of decent society. Second, progressives are getting better and more aggressive at silencing dissenting behavior. All sorts of formerly legitimate opinions have now been deemed beyond the pale on elite campuses. Speakers have been disinvited and careers destroyed. The boundaries are being redrawn across society.”

This is essentially a Cognitive Dissonance Scale argument by an elitist who can’t distinguish between the public’s scale and his own. Donald Trump is President of the United States because he was elected, despite what Brooks calls his racial prejudices, sexual behavior and personal morality. Can’t Brooks see that he’s essentially making Hillary’s deplorables argument? He is saying that nobody who voted for Trump is a member of “polite society’! Incredibly, he’s also saying that supporting the President of the United States is marginalizing. Wow: get out of that echo chamber, David—RUN! No, you idiot, refusing to support the institution of the Presidency and the integrity of elections marginalizes Democrats, the “resistance,” the New York Times, and YOU. Then Brooks writes that progressives will win because they are getting “better” at totalitarian methods, like suppressing speech. Nah, this isn’t self-marginalizing, not at all! Americans love to have their freedoms disrespected, and to be told that only pre-approved opinions and viewpoints will be allowed when Democrats are in power. Continue reading

Morning Ethics Warm-Up, 3/1/18: Obstruction Of Justice In Oakland, Virtue-Signalling At Walmart, And Common Sense At SCOTUS [UPDATED!]

 

Well, whaddya know! There IS a there there!

Good Morning!

(Why isn’t this another Afternoon Warm-up? Because I started it in the morning, and all hell broke loose here, that’s why.)

1  Injecting even more stupidity into the culture…Walmart’s virtue-signalling release yesterday reminded everyone that the big-box stores stopped selling AR-15 rifles three years ago. It also announced that it would be refusing to sell firearms to anyone under 21, and this

“We are also removing items from our website resembling assault-style rifles, including nonlethal airsoft guns and toys.”

Ugh. This is how we end up with no-tolerance fascists in public schools punishing students for chewing their Pop Tarts and pizza slices into the shapes of guns. I had a Mattel burp gun–a plastic model of a Tommy Gun—as a kid. I shot it off in the school auditorium as a stunt during my speech when I was running for president of the 8th Grade. (I lost) One of my favorite toys ever. Now corporations want to assist in the anti-gun indoctrination.

Writes Stephen Green: “‘If an object resembles something we think is bad, then it is bad,’ is the sloppiest kind of magical thinking.” It’s worse than that, though. The more sloppy thinking  injected into the culture, the less competent the culture becomes.

I hate memes as a rule, but this one is relevant:

2.  The all-time false equivalency champ…The calls to raise the age of legal gun purchasing, one of many gun regulation issues where the NRA’s absolutist opposition makes little sense except that it is an absolutist, no infringement means no infringement organization, is another in a long list of confusing, partisan-divide jumping controversies over “age of responsibility.” laws.  There are age limits on buying cigarettes, alcohol, driving, consent to have sex,  right to sign binding contracts, military service (and formally the draft), and some other activities, and they have always been used to bootstrap each other. This has been going on for decades despite the fact that physical maturity, mental maturity and emotional maturity are not always nicely synchronized, individuals vary greatly, and if we followed recent scientific studies, we would consider restricting what young men especially could legally do until about age 23. Continue reading

Afternoon Ethics Cool-Down, 2/28/18: Honors, Bribes, Blackmail, And “Ugh!”

Good Afternoon.

Actually, that’s dishonest: it’s been a terrible day, morn to now.. A catalogue retailer took an email address my wife sent them a year ago and  bombarded her account with hundreds of promotional messages yesterday, crashing her email. Then her efforts to fix the problem resulted in a Proethics system email crash that I have been trying to address for the past five hours. I finally decided to get something productive done, so I’m getting up this post while talking to my tech people. UPDATE: They just gave up.

1 Trump Tweets. Ugh. The President criticizing his own Cabinet member, in this case Jeff Sessions, in public via tweet, is horrific leadership and management practice. If I were Sessions, I would resign, It is disrespectful, disloyal, undermines morale on the President’s team, and is just plain stupid. I don’t understand how Trump had any success at all treating employees and subordinates like this. While we’re on this perpetual subject. the fact that the President would say out loud that he would have rushed the Parkland shooter without a weapon is just more evidence of a) a flat learning curve b) the lack of the usual filters from brain to mouth and c) the unethical tendency of third parties to critique the actions of others in rescue situations. No question: the resource officer who was required by policy, assignment and duty to try to intervene in the shooting deserves all the criticism he has been getting, and is accountable. But the President of the United States announcing that he is Batman is something else entirely.

My objections to the non-stop personal ridicule of our elected leader stands, but he also has a duty, as the steward of the Office, not to make himself look ridiculous.

2. An unethical boycott tactic, but I repeat myself.  The anti-gun zealots have decided to attack a free and constitutionally protected Bill of Rights advocacy group as part of the news media-assisted effort to demonize the NRA as being somehow responsible for a school shooting that none of the proposed “common sense gun reforms” would have prevented. Now the Second Amendment-gutting crowd  is using the boycott, a particularly odious weapon favored by progressives, which depends on the venality and spinelessness of corporate executives to constrict free speech. Delta Airlines announced it was ending a promotional discount with the National Rifle Association after threats and a social media campaign, then tried the weaselly explanation that its decision to stop offering discounted fares to the N.R.A. “reflects the airline’s neutral status in the current national debate over gun control amid recent school shootings.”
Continue reading

Ethics Quiz: Your Swedish Post-Mortem Avatar

Swedish scientists believe artificial intelligence can be used to make “fully conscious copies” of dead people, so a Swedish funeral home is currently looking for volunteers who are willing let the scientists use their dead relatives in their experiments. The scientists want to build robot replicas, and to try to approximate their personalities and knowledge base in their artificial “brains.”

For those of you who are fans of the Netflix series “Black Mirror,” there was an episode closely on point in which  grieving woman bought an AI -installed mechanical clone of her dead boyfriend. (This did not work out too well.)

I was about to discard objections to such “progress” as based on ick rather than ethics, when I wondered about the issues we already discussed in the posts here about zombie actors in movies and advertising. Is it ethical for someone else to program a virtual clone of me after I’m dead that will be close enough in resemblance to blur what I did in my life with what Jack 2.0 does using an approximation of my abilities, memories and personality?

I think I’m forced to vote “Unethical” on this one as a matter of consistency. Heck, I’ve written that it’s unethical for movies and novels to intentionally misrepresent the character of historical figures to such an extent that future generations can’t extract the fiction from the fact. (Other examples are here and here.) Respect for an individual has to extend to their reputation and how they wanted to present themselves when they were alive. Absent express consent, individuals should not have to worry that greedy or needy relatives, loved ones, artists or entrepreneurs will allow something that looks like, sounds like and sort of thinks like them to show up and do tricks after the eulogy.

I am not quite so certain about this branch of the issue, however, and am willing to be convinced otherwise. After all, pseudo Jack could stay inside, and only be programmed to do a nude Macarena while wearing a bikini for my wife, while no one else would be the wiser. Or nauseous. And after all, I’m dead. Why should I care? Well, the fact is I do care. For me, this is a Golden Rule issue.

Your Ethics Alarms Ethics Quiz of the Day is this:

Will the Swedes who elect to allow scientists to try to perfect Dad-in-a-Box for nostalgia, amusement, companionship  and to take out the garbage be unethical, betraying their departed loved ones’ dignity?

 

Comment Of The Day: “On The Anti-Gun “Weapons Of War” Talking Point”

Second Amendment authority Chipper Jones. He’s an expert because he had a .303 lifetime batting average, and shoots deer….

It was gratifying that the weekend post about the “weapons of war” anti-gun rhetoric attracted a  great deal of thoughtful commentary here. I was thinking about the post again today when, as is increasingly the case, a sportswriter gratuitously injected politics into sports commentary. Baseball season is fast-approaching, and while one of the many reasons I follow the game so passionately is its ethics content, I look forward to the game to get away from politics, and incorrigible social justice warrior agitators like NBC’s Craig Calcaterra, lapsed lawyer, can’t resist misusing their sports platforms as a political soap box. 

Today he gleefully informed readers that Hall of Fame third baseman Chipper Jones had “denounced assault weapons,” telling Jeff Schultz of the Atlanta Journal-Constitution:

“I believe in our Constitutional right to bear arms and protect ourselves,” Jones said. “But I do not believe there is any need for civilians to own assault rifles. I just don’t.

“I would like to see something (new legislation) happen. I liken it to drugs – you’re not going to get rid of all the guns. But AR-15s and AK-47s and all this kind of stuff – they belong in the hands of soldiers. Those belong in the hands of people who know how to operate them, and whose lives depend on them operating them. Not with civilians. I have no problem with hunting rifles and shotguns and pistols and what-not. But I’m totally against civilians having those kinds of automatic and semi-automatic weapons.”

Calcaterra makes sure that we knew that the ex-Braves player is an avid hunter and owns a rife, because he apparently wants us to think that owning a gun makes an athlete an expert on the Bill of Rights. (It doesn’t, and I’m pretty sure Calcaterra knows that.)

Concludes Craig,

“While debate, often acrimonious, will no doubt continue about these matters indefinitely, it’s striking to see someone like Chipper Jones come out so strongly on the matter in the particular way that he has. It has to make people at the NRA and those who support it wonder if, when you’ve lost Chipper Jones, you’ve gone too far.”

Thus we have a lawyer appealing to the authority of a man who played baseball all through highs school, and signed a contract to be a pro baseball player at te age of 18. Call me skeptical, but I question whether he has devoted much research to the history and philosophy underlying the Second Amendment, or has read any of the judicial opinion and scholarship analyzing it. I especially question Jones’ flippant “denouncement”  given the tell-tale signs that he doesn’t understand the right to bear arms at all, beginning with the misnomer “assault rifles” and the assumption that the most popular civilian rifle in the U.S. is a “weapon of war.” He also makes the offensive assumption that he is qualified to decide what kind of fire arms other citizens “need,” a commonly expressed  attitude sharply discredited in this essay by playwright and screenwriter David Mamet.

I find myself increasingly impatient with uninformed opinions on important matters relating to our personal liberty, expressed by celebrities with no more understanding or special expertise than the typical semi-informed citizen, and often less. I am even less tolerant when I am told by journalists that attention must be paid.

Here is the Comment of the Day by Glenn Logan, who is informed on this issue, on the post On The Anti-Gun “Weapons Of War” Talking Point: Continue reading

Morning Ethics Warm-Up, 2/26/18: Spin! Hypocrisy! Heresy! Demagoguery! Idiocy! And Weren’t Those Sex Slaves Cheering For North Korea Adorable?

Good Morning!

Of course it’s a good morning…the 2018 Winter Olympics ended last night!

1 The Schiff Memo. The Democrat’s alleged rebuttal to the Devon Nunes memo regarding how Carter Page came to be the object of secret surveillance that extended into the Trump campaign should have been the big story of the weekend, along with the fact that government systems repeatedly failed to protect the students in Parkland from an unbalanced young man who had been repeatedly identified as a risk for exactly the kind of mad act he ultimately engaged in. But the left-biased news media downplayed it after trying to spin it, because the hyped memo did not rebut the key allegations in the previous Republican House document. The FISA court was not informed that the Russian dossier was created and funded by the Democratic National Committee and the Clinton campaign. The dubious dossier  was a key component of the evidence that led a secret court to remove the Constitutional rights of a citizen, while interfering with a Presidential campaign.

Amusingly, the Schiff memo spins that the Obama Justice Department application was “transparent,” and then describes transparency as a FISA warrant application that said that Christopher Steele, referred to as “Source #1,” was “approached by” Fusion GPS founder Glenn Simpson, referred to as “an identified U.S. person,” who

indicated to Source #1 that a U.S.-based law firm had hired the identified U.S. Person to conduct research regarding Candidate #1’s [i.e., Trump’s] ties to Russia. (The identified U.S. Person and Source #1 have a longstanding business relationship.) The identified U.S. Person hired Source #1 to conduct this research. The identified U.S. Person never advised Source #1 as to the motivation behind the research into Candidate #1’s ties to Russia. The FBI speculates that the identified U.S. Person was likely looking for information that could be used to discredit Candidate #1’s campaign.

Andrew McCarthy, in the National Review, concludes that the Schiff memo does the Democratic narrative more harm than good. I agree: it looks like a desperate spin attempt to me, so desperate that the news media abandoned the story as quickly as it could.

2. Segue Alert! And speaking of transparency…From the Boston Herald: Continue reading

Morning Ethics Warm-Up, 2/25/18: Your School Shooting Ethics Train Wreck Update [UPDATED]

Good Morning!

1  Addendum to the “Weapons of War” post: I almost included this in the post itself, but it was long enough. During the debates here over the Confederate statue-toppling orgies and the Charlottesville riot, we often heard the defense that Robert E. Lee, et al., were unworthy of statues, monuments and memorials because they were traitors. I always viewed this as a rationalization for the real reason the Confederates are being airbrushed out of our public history, which is that their political and social beliefs don’t measure up to 21st Century ethics. The “traitor” argument is a neat way to distinguish Robert E. Lee from slave-owners like George Washington.  However, as the post explains, the United States was founded on the principle that it is not treason for citizens to seek to create a new government when they concluded that the current one has abused its power and cannot be reformed. That is certainly what the Confederacy believed. Under the Founding documents, they had every right to leave the Union, and would have done so peacefully had Lincoln allowed it. Robert E. Lee was wrong, and he was a racist, but he was no traitor. By Jefferson’s formula that was ratified unanimously by the Continental Congress, he was a patriot.

2. Everybody’s flailing. President Trump floated the much-mocked “arm teachers” suggestion, and then used the cultural DeLorean to retrieve the “popular culture is too violent” explanation. The gun violence in the U.S. is very much driven by our culture, and pop culture both reflects and affects it. Hollywood made some efforts to tone down the violence last year; it also had the worst year at the box office in a quarter of a century, so we’ll see how long that lasts. The President just doesn’t understand the Constitution very well: the government can’t force video games, music, TV shows and movies to be less violent, but it can launch efforts to build a public consensus to dial back the fictional killing.

You know, like Tipper Gore’s effort to get the sex, obscenity and violence out of rap music. That sure worked well. The Obama approach would be to send out a menacing letter saying something like, “We recommend that you tone it down, but of course we can’t make you, but you know there are a lot of ways we could make your life miserable if you displease us, not that we would ever try to muscle you or anything since it you have the right of free speech. Just a word to the wise between friends. Nice little business you have there; it would be a shame if anything were to happen to it…”

The President’s critics sneered that he is “flailing” on the issue. I don’t see that he is flailing any more than anyone else. To the zealots, “flailing” means “not advocating the repeal of the Second Amendment.”

3. At least Vox is honest. In this article, left-wing Vox argues that the solution to gun violence “isn’t a big mystery,” but then only uses innuendo to explain what the solution is. Guess! here’s the biggest clue (emphasis mine): Continue reading

On The Anti-Gun “Weapons Of War” Talking Point

I’m moving this essay up in the queue, because while walking my dog in the rain—such rote activities like dog-walking, showering and driving often trigger “right brain” activities and inspirations—it all became clear to me for the first time.

One aspect of the argument being offered by anti-gun zealots following this school shooting that is new compared to Sandy Hook is the sudden popularity of the term “weapons of war.”  it was used multiple times at the very start of the CNN “town hall,” for example. Rep. Deutch:

But, beyond that, the best way for us to show that is to take action in Washington, in Tallahassee, to get these weapons of war off of our streets.

and…

…and the answer to the question is, do I support weapons that fire-off 150 rounds in seven or eight minutes, weapons that are weapons of war that serve no purpose other than killing the maximum number of people they can, you bet I am.

…and

And that is making sure that we take action to keep our kids and our schools safe and to get dangerous weapons of war off of our streets. That has to be our priority and we’ve got to do it now.

My interest is not whether it is a wise or good thing to ban semi-automatic weapons. The U.S. Court of Appeals for the 4th Circuit ruled last year that Maryland’s ban was constitutional, and the Supreme Court, so far, at least, has not chosen to review it. A national ban, however, would certainly require SCOTUS assent, and my guess is that such a law would fail, and as I will continue to explain, should fail.

“Weapons of war” is nowa pejorative phrase designed to make the most popular rifle in America sound as if owning one is perverse. “Weapons of war” suggests not just self-defense, but active combat, and it certainly doesn’t mean hunting deer and rabbits. Following Sandy Hook, a lot of the anti-gun rhetoric, as from New York Governor Cuomo, involved the deceitful (or ignorant) argument that you don’t need a semi-automatic rifle to shoot a deer. This vigorous false narrative is as old as the Left’s anti-gun, anti-Second Amendment movement itself.

Thus  “weapons of war” is now the phrase of choice to persuade moderate, uncommitted citizens considering the gun controversy that it makes no sense to allow citizens to own such weapons. Hunting weapons, sure (at least until there’s a mass shooting in a school using those). A registered handgun to shoot a burglar, a rapist or a home invader?  Fine. But “common sense gun controls” can’t possibly allow citizens to have “weapons of war.”

The problem is that allowing private ownership of weapons of war is exactly what the Founders intended. The Second Amendment was devised to ensure that citizens would  not be disarmed by a government that needed to be overthrown, or, in the alternative, that some citizens wanted to overthrow, but wrongly.

The Founders were, it should not be necessary to say, revolutionaries. They believed that citizens had the right and even the obligation to bring down abusive  governments. Jefferson stated it directly in the Declaration of Independence:

“Prudence … will dictate that Governments long-established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.”

Jefferson was a brilliant man, and no dreamy-eyed idealist. He could not have assumed, feeling the way he did about governments, government power, and the men who come to possess such power, that governments could always be dissolved peacefully. As a prudent and practical man, he was also saying that it is unwise to seek to change a government every time it fails or disappoints, and that long-standing systems deserve the public’s tolerance, patience and forbearance. Government should be a contract of trust, and that when that trust is irreparably broken by abuses of power, the people must have the right, and must have the ability to activate that right, to demand a new form of government.

This is, of course, exactly what the 13 Colonies did. The Constitution they adopted when they began their experiment in democracy naturally and necessarily included a crucial right without which future generations of Americans would not be able to “throw off” a government whose abuse of power had become odious. That was the right to bear arms, embodied in the Second Amendment. The arms one had the right to bear had to be weapons of war, because fighting—civil war, revolution, wars of resistance—was their explicit purpose. Continue reading