‘President Rand Paul’ would have fired Hillary post-Benghazi

In his discussion with Secretary of State Hillary Clinton this morning, U.S. Sen. Rand Paul of Kentucky imagined himself as president of the United States. Had he been in that lofty position, he told Clinton, he would have removed her from office:

“I’m glad that you’re accepting responsibility. I think that ultimately, with you leaving, that you accept the culpability for the worst tragedy since 9/11. And I really mean that. Had I been president at the time and I had found that you had not read the cables from Benghazi, you had not read the cables from Ambassador Stevens, I would have relieved you of your post. I think it’s inexcusable….”

“I think it’s inexcusable that you did not know about this, and that you did not read these cables. I would think by anybody’s estimation Libya has to have been one of the hottest of hot spots around the world. Not to know of the requests for security really, I think, really, cost these people their lives. Their lives could have been saved had someone been more available, had someone been aware of these things, more on top of their jobs.”

Rant concluded, Paul then posed a question (2:21 in the video above):

“Is the US involved with any procuring of weapons, transfer of weapons, buying, selling, anyhow transferring weapons to Turkey, out of Libya?

“To Turkey?” Clinton responded, her body language suggesting that she found the question bizarre. “I will have to take that question for the record. That’s … Nobody has ever raised that with me.”

“It’s been in news reports that ships have been leaving from Libya, and that they may have weapons,” Paul responded. “And what I would like to know Is the annex that was close by, were they involved with procuring, buying, selling, obtaining weapons and were any of these weapons being transferred to other countries, Turkey included.”

“You’ll have to direct that question to the agency that ran the annex,” Clinton said pointedly.

The agency that ran the annex is the CIA.

The “news reports” that Rand referred to are anonymously sourced stories on Fox News and on right-wing websites alleging that the CIA was buying up weapons in Libya and shipping them to Turkey and then on to Syrian rebels, including to known jihadist groups. Glenn Beck has been pushing the conspiracy theory as well.

It is not inconceivable that the U.S. has assisted the flow of arms out of Libya and into Syria, although given how spectacularly wrong Fox has been proved to be on other anonymously sourced reports involving Benghazi, I wouldn’t give its reports a lot of credence. Given national security implications, I’m also not sure that Paul acted responsibly by raising the issue in a public hearing.

If he was actually seeking information, rather than playing to the conspiracy crowd, he has more private means of getting answers as a member of the Senate Foreign Relations Committee. He runs the risk of endangering U.S. lives by doing it in public, without apparently knowing the possible ramifications.

I wonder what President Rand Paul would say about somebody who did that?

– Jay Bookman

389 comments Add your comment

[...] sat before a Senate Committee for questioning this morning, Sen. Rand Paul (R-Ky) looked at her and made one thing clear: “Had I been president at the time [of the Benghazi attack] and had I found that you had not [...]

Paul

January 23rd, 2013
3:30 pm

stands

Sometimes I feel and act the same way.

But I must say, I think we’ve both made our point.

But having said that, there’s something about engaging someone so sanctimonious that makes it challenging to break off –

Corbin

I do hope you’re not saying I need a bath more than once a year….

No one’s ever complained before -

Jm

January 23rd, 2013
3:30 pm

St Simons

Peace pipes? I feel like we were discussing peyote a while back

I can’t get my peyote permit cause I don’t have enough Indian blood

Oh well

Redcoat

January 23rd, 2013
3:31 pm

Stevie Ray…..my statement is what I believe jay and friends will be saying…..sorry I didn’t put sarcasm sign on.

Stevie Ray

January 23rd, 2013
3:31 pm

Cheesy Grits is gone but not forgotten

January 23rd, 2013
3:19 pm

I guess you get the “truth” from the left and digest it like the sheep you appear to be…

It seems to me that Bush’s entire second term (remember he had a favorablity rating after the first term almost identical to your hero’s) has been scrutinized beyond compare. The other thing to bear in mind to be fair is that Clinton, admittedly, slashed intelligence budgets so our capabilities, particularly in the middle east were virtually useless. It took 911 for us to put the money back into that and BO is in no small way reaping the benefits (and spiking the ball in fact) that any real comparison is not well founded.

Those are factoids that the sheepish press you lean on will never allow you to hear….the truth is neither on the right or left. The idea that folks think otherwise speaks unflattering volumes..

SBinF

January 23rd, 2013
3:32 pm

“President Rand Paul”

What a hoot!

getalife

January 23rd, 2013
3:32 pm

She is teaching the gop how government works.

Jm

January 23rd, 2013
3:33 pm

“President Barack Obama” circa 2006

Very funny as well

Paul

January 23rd, 2013
3:33 pm

Scout

I never made this about agreeing with anyone. I merely asked you for a clear explanation of why you disagree with Jay’s characterization of terrorist attack vs military attack.

But if you wanna retreat to saying “well, I agree with Pres Obama” then that’s okay, I suppose.

Personally, I think it has you stumped.

Stevie Ray

January 23rd, 2013
3:33 pm

Redcoat

January 23rd, 2013
3:31 pm

No my bad…I appear to be over-caffeinated at present since I catch those comments most often.

JamVet

January 23rd, 2013
3:33 pm

For the life of me, how could anyone think that one has a snowball’s chance in hell of being elected to ANY office above that of dog catcher with the entry of “Idiotic Talk Radio Host” on their curriculum vitae?

Intelligent people (sorry Kyle) laughed that groping buffoon right off of the national stage, along with his serial adulterer buddy, Newt..

Though the Two Rickys gave them a run for their money, the Georgia Bobsy Twins certainly were the Dumb & Dumber of the GOP’s absurd slate of candidates this time around…

Jm

January 23rd, 2013
3:34 pm

Get

Government doesn’t work

Your pair of dimes are pennies

DebbieDoRight -- Minister Of Propaganda

January 23rd, 2013
3:34 pm

SR: The libs take Ayn Rands erroneous attempt to apply a fictional universe…(one that happens to offend those portrayed as sheep interferring in progress) to actual reality.

Contrary to popular belief, “libs” don’t; however the “conned” DO.

But her works of fiction remain near the top of most every list of fiction works of the 20th century.

So does Dr. Seuss’ Cat In The Hat — you don’t see anyone quoting his masterful works on the blogs do you?

I don’t like the Star Wars or Hobbit stories..but to disrespect the artistic value would be stupid.

No one, IMO, is disrespecting the “artistic value” of her work. However, IMO, they ARE disrespecting the lemming following that her “artistic” work has.

It’s one thing to talk about Star Wars Books and movies, yet quite another to, (and this is an important factoid), WISH to live in that world and remake OUR world into it; as the AynRAnd cultists do.

Fiction is one thing — but when you start to actually BELIEVE that Bruce Leroy really did catch the bullet with his teeth and you can too, then you have a problem that only being shot in the dang head can fix.

JISL

January 23rd, 2013
3:34 pm

Our government is so divided one attacks the other and no answers are to be had. Blame the other side, lie about the otherside. No nation can stand divided as we are. We are going down the road that Rome, English and all the great countries have traveled it ends in………

Goldie

January 23rd, 2013
3:34 pm

Rand Paul — bona fide conspiracy idiot.

:)

0311/8541/5811/1811/1801

January 23rd, 2013
3:34 pm

“Clinton Erupts Over Libya: ‘What
Difference at This Point Does It Make?’ ”

It makes a difference to the families who want the truth !

Living With Open Eyes

January 23rd, 2013
3:35 pm

There is the real possibility that the Republicans are using the Benghazi mishap as a spring board for a coup of the Presidency.1)Impeach President Obamah, then Vice Pres. Biden for “lying under oath”.2)Speaker of the House Boehner installed as President due to the constitutional line of succession.

getalife

January 23rd, 2013
3:36 pm

jm,

It does work when the adults are in charge.

Jm

January 23rd, 2013
3:36 pm

Obama

Paper tiger

Stevie Ray

January 23rd, 2013
3:37 pm

Paul

January 23rd, 2013
3:33 pm

Seems to me when we start to delve too deep into definitions things get goofy. The question is whether it was a coordinated and intentional attack on a specific day or it was spontaneous reprisal from some obscure web video?

The fact is that BO blew it in terms of the changing portrayal…suspicions justifiably arise..election year…let’s get to the bottom of it, learn and move on.

Jm

January 23rd, 2013
3:37 pm

Get

There are no adults in DC

They don’t deserve representation

Donovan

January 23rd, 2013
3:38 pm

Rand Paul was absolutely right in his observation of the problem. That problem was the ineptness of another Clinton running things and lying to the American public.

Judging from the idiots posting in her defense also validates the problem with the present state of this country that votes for corruption.

Unbelievable close minded liberal thought that supports manslaughter and liars. You all are real pieces of work.

But then again…how do you talk to a liberal? You can’t!

Paul

January 23rd, 2013
3:38 pm

“It makes a difference to the families who want the truth !”

“Ma’am, your son was killed in an attack that we now know was the result of coordinated, preplanned action, not spontaneous action.

We trust this will assuage your grief and make your son’s death more meaningful.”

conland = Bizzaroland

St Simons - aboriginal Bootakook 2014

January 23rd, 2013
3:38 pm

Active shooter down here on Moody AFB (Valdosta)

0311/8541/5811/1811/1801

January 23rd, 2013
3:39 pm

Paul:

Personally, (unlike you) having dealt with it before, I know a terrorist attack when I see one.

Continue in your ignorance.

Corbin Sharpe. I think, therefore I am...I think.

January 23rd, 2013
3:40 pm

PAUL,
No, I’m sure you must bathe at least once a month… :) No, I was talking about the leader of the family, Will Penny got in trouble with. He remind you of anyone?

Towncrier

January 23rd, 2013
3:40 pm

JHM, continued from downstairs:

“Guess what? I’ve got advanced degrees as well and have *taught* this subject at the college level. However, that didn’t seem to send you scurrying to take a seat and pipe down, as you’re asking Jay to do.”

What “subject” precisely? The meaning of the 2nd Amendment? And what college course? I too have taught at the collegiate level, so be careful of the claims you make in this regard. In any case, the difference is that I don;t see where Jay substantiates his “readings” of the Constitution. He just makes assertions. It is not particularly troublesome when a regular poster does this, but when you are publishing this stuff to the world…

“Having studied the issue more than you and having taught it as well, there’s quite a bit of doubt regarding what you say, and considerable evidence that you’re completely wrong.”

I am not at all convinced you have studied the 2nd Amendment issue more than I have. And I am familiar with the (”collective right”) arguments made by those on your side of the fence. Given the totality of historical evidence, their arguments are both strained and uncompelling, relying primarily upon the (now) ambiguous phrasing of the amendment itself and cherry-picked historical “evidence” to justify an ideological conclusion.

“Only when affirmatively and clearly stated to be so, as it was in at least three states’ Constitutions or declarations of rights. it was *not* understood to be an individual right in states where it was not as explicitly stated.”

It absolutely was understood to be an individual right. You are just wrong on this point. I know of no historical evidence of any state legislation that sought to ban the right to possess arms outright. THAT ought to tell you something. And there is no evidence that it was not an assumed, ununumerated right in any case. I only know of legislation against concealed weapons in the early 19th century (which CLEARLY IMPLIES that a general right to bear arms was assumed – just not concealed arms). Additionally, the court rulings following immediately in the wake of this challenged legislation show that it was indeed thought to be an individual right.

“And let me know when you actually manage to secure a teaching position that covers this material, as I’d like to audit the class.”

Yawn. And let me know when you can bring unequivocally compelling historical evidence to the table to refute the position I have argued.

0311/8541/5811/1811/1801

January 23rd, 2013
3:41 pm

Out for the afternoon.

Everyone be nice !

Paul

January 23rd, 2013
3:41 pm

Stevie Ray

Words mean something. Cons here have a history of making up definitions as they go along.

Having said that, I’m concerned one of the unintended consequences of this will be to make government more tight-lipped with a lot of “no comment until the investigation is complete” occurrences.

It’s kinda like what happened after Katrina. I said early on that in any future weather emergency the feds (FEMA) would come in and take over from state and local officials. Guess what? They did. No administration will ever want to get hit with what Bush was hit with.

Stevie Ray

January 23rd, 2013
3:41 pm

“Howard Roarke laughed…” the opening line to one of my top 3 books…The Fountainhead. Together, let’s observe the responses shall we?

If the GOP are dumb enough to attempt to reflect a geniusly imagined, completely fictional worldview that poorly reflects reality, they deserve what they get. Her books rock.

Paul

January 23rd, 2013
3:42 pm

“Out for the afternoon.

Everyone be nice !”

Do you play retreat on your record player when you sign off, Scout?

St Simons - aboriginal Bootakook 2014

January 23rd, 2013
3:43 pm

Jm – ‘I can’t get my peyote permit…….’

dude, we don’t WANT a peyote permit, me or mrsstsimons
that will make you hold onto the bedpost and say ‘i wanna come down’
or so i heard….

Towncrier

January 23rd, 2013
3:43 pm

“I never made this about agreeing with anyone. I merely asked you for a clear explanation of why you disagree with Jay’s characterization of terrorist attack vs military attack.”

I already have Paul, in response to the very column by Jay you quoted. If you’re interested, you could look at that and debate the matter further with me.

DannyX

January 23rd, 2013
3:44 pm

RANDPAULZI!!

Joe Hussein Mama

January 23rd, 2013
3:46 pm

Southpaw — “JHM @2:42 It was debunked.”

It was not.

Romney released restated and edited taxes, not the originals.

If he had been caught sheltering assets in a Swiss bank account and accepted the amnesty offered by the IRS, it would show up on his 2008 taxes (the last year he could have done it before getting caught) and on his 2009 taxes (where the formal restatement would appear).

2010’s the earliest tax year for which he has released complete records. 2008 and 2009 have been edited and restated.

Therefore, not debunked.

But he *could* debunk it, because now he no longer has the hassle of an election looming over him. Just release your unedited and originally stated tax returns, Mitt.

Paul

January 23rd, 2013
3:47 pm

Corbin

I was trying to place the woman’s absent husband, then realized you mean the Donald Pleasance preacher-man character.

YIKES!!!!!

I’m gonna have to go back to sleeping with a nightlight….

Stevie Ray

January 23rd, 2013
3:47 pm

Paul

January 23rd, 2013
3:41 pm

What makes you think “cons” have a corner on any political market? Definitions of terrorist attack or whatever queer the issue. Was the act premeditated or was it not? At the time, the more desirable outcome at the time clearly was the latter..could it be due to the election year that that’s the way the dialogue began? Be nice to know even though nothing will change. The timeline of info releases is a comedy of errors…

Jm

January 23rd, 2013
3:48 pm

St Simons

You know more than I

On that subject :)

Dixie Normous

January 23rd, 2013
3:48 pm

The people that have love of country voted for Mitt. Those that have love of self voted for the other guy.

Paul

January 23rd, 2013
3:49 pm

Towncrier

I’d be interested to read what you wrote.

Do you have a link?

And why do you assume I wouldn’t agree with what you wrote, but that no matter your argument, I’d disagree?

Dixie Normous

January 23rd, 2013
3:50 pm

Anyone see Bubba Clinton checking out the women at the inaugration. He wanted Kelly Clarkson bad.

DebbieDoRight -- Minister Of Propaganda

January 23rd, 2013
3:50 pm

JM: Apologies. I was tapping into my inner lib logic.

You should try tapping into a history book sometimes. Just saying……

======
Do you want to go back and hold those responsible accountable? I’m with you. Let’s do it!
I find it incredible that not one damn word comes out of the libs mouths holding your own accountable.

Yeah I DO. Its never too late to start a tribunal on the War Crimes of Cheney, Rumsfeld, et al. PS: I also find it ironic, (big word I know — you might need to look it up in the dicitonary), that YOU of all people are advocating “accountability”!! LMAO
========

JM: DDR is Susan Rice. How neat

Its better than being Jetrho Bodine…..
========

Rand Paul & Paul AynRyan are what stupid people think a smart person
sounds like

I’m TOTALLY stealing that one! Sorry. :sad:

Stevie Ray

January 23rd, 2013
3:50 pm

Paul

January 23rd, 2013
3:41 pm

I hope the outcome of this is that with future unfortunate events, any adminstration should give some time before they put anything out there…the optics of this thing reek.. I even content the rush to the microphone to announce the killing of Bin Laden was a poor security move..would have been good to have as much time as possible to analyze the data obtained before the subjects of the data were aware..

Jm

January 23rd, 2013
3:50 pm

Jay is obsessed with Rand Paul

Must be a bromance

I didn’t know Jay liked curly hair

getalife

January 23rd, 2013
3:50 pm

jm,

You are always dead wrong mitt lover.

Nobama

January 23rd, 2013
3:50 pm

Hell I’d of fired her ass a long time before that – bite me Jaybook

getalife

January 23rd, 2013
3:51 pm

“I didn’t know Jay liked curly hair”

It is a bad wig.

He should take it off.

Seriously Folks

January 23rd, 2013
3:52 pm

Jumped to a new post so quickly….thanks Jay! As I said on the last article, this is like “blogporn” for those on the right…Clinton AND Obama in the same article??? Sheesh! Crank up the crazy!!!!!!

Mr Right, the FOXBOT,not the JAYBUTT

January 23rd, 2013
3:52 pm

Come on folks,move on nothing to see here!

Paul

January 23rd, 2013
3:54 pm

Stevie Ray

“What makes you think “cons” have a corner on any political market? ”

I said ‘cons HERE” have a history of making up definitions.

Premeditation was not the issue in that thread.

Frankly, I think the Obama administration adopted the definition they did because regardless of accuracy, our populace has been conditioned to think “any violent action by anyone we consider an a-rab terririst is a terririst attack!”

y’know, but the common thinking, when a drone strike goes awry and we take out a bunch of innocent civilians we can be said to have conducted a terrorist attack.

That’s why I’m big on clear definitions and standards.

I haven’t seen libs here do it to the same extent.

St Simons - aboriginal Bootakook 2014

January 23rd, 2013
3:54 pm

get – It is a bad wig.
He should take it off.

man, i thought it was a kind of 70s homage porn ‘do

Towncrier

January 23rd, 2013
3:55 pm

“I’d be interested to read what you wrote. Do you have a link?”

I don’t. Sorry. But it is in the comments made to said article by Jay. I really have to

“And why do you assume I wouldn’t agree with what you wrote, but that no matter your argument, I’d disagree?”

I guess because it seemed that you agreed with Jay’s dichotomy (since you quoted it at length, after such a period of time – a couple of months?), with which I disagreed. If I am wrong, I apologize for the misunderstanding.

Stevie Ray

January 23rd, 2013
3:55 pm

DDR,

The phrase “Rand Paul & Paul AynRyan are what stupid people think a smart person sounds like” can be easily adapted for other fun and practical uses….all we have to do is substitute the names..

Paul Krugman/Thom Hartman
George Bush/Rush Limbaugh
Al Gore/Al Gore/Al Gore/Al Gore
Sean Hannity/Big Ed
Jay Bookman/Kyle Wingfield
Stevie Ray/Debbie can do no Wrong

Can go on ad nausea…but gotta go…

Jm

January 23rd, 2013
3:57 pm

Irony

Banner ad at top: Starbucks Blonde Roast

Below: picture of Hillary

Towncrier

January 23rd, 2013
3:58 pm

Okay…gotta go for real. Will address any response later. Be good, all.

Paul

January 23rd, 2013
3:59 pm

stevie ray 3:50

Yup.

Gotta run to the store.

Back in a little while.

DebbieDoRight -- Minister Of Propaganda

January 23rd, 2013
4:01 pm

See ya Stevie — May you have dreams of AynRand holding your hand and leading you into a paradise where there are no civil servants, no taxes, no accountability, and most of all a bunch of serial killers who believe, as AynRand did, that their wants and needs outweigh any others.

Pleasant dreams.

BKGutt31

January 23rd, 2013
4:02 pm

Hillary put on an absolute show. She laughed, she cried (literally). Kudos! Check out this article that describes why this was Hillary’s finest moment, and why you may have just seen the first female President of the United States in action…

http://snip.ps/HillaryClintonsFinestHourAndAHalf

St Simons - aboriginal Bootakook 2014

January 23rd, 2013
4:04 pm

DDR, that might’ve have been a little harsh on my part

no matter how true it is. Feel free, I heard a girl down at the pier say it.

St Simons - aboriginal Bootakook 2014

January 23rd, 2013
4:07 pm

that’s PRESIDENT Hillary Clinton Ma’am, to you cons

Redcoat

January 23rd, 2013
4:09 pm

Now Mr Marino will be called names………let it begin

Joe Hussein Mama

January 23rd, 2013
4:18 pm

Towncrier — “What “subject” precisely? The meaning of the 2nd Amendment?”

As I’ve said many times, Intro to Constitutional Law.

“And what college course? I too have taught at the collegiate level, so be careful of the claims you make in this regard.”

If you haven’t taught *this* subject, then maybe *you* should take greater care in telling others to ’sit down and just be a cheerleader.’

“He just makes assertions.”

From where I’m sitting, so do you and many of the sources you cite.

“I am not at all convinced you have studied the 2nd Amendment issue more than I have.”

FWIW, I’m not convinced you’ve studied it *at all,* and I’m certain you haven’t taught it.

“Given the totality of historical evidence, their arguments are both strained and uncompelling, relying primarily upon the (now) ambiguous phrasing of the amendment itself and cherry-picked historical “evidence” to justify an ideological conclusion.”

In your journeyman opinion, perhaps. It seems that what you don’t understand is that your argument and your position are not strengthened simply by questioning the validity of your opponent’s position. Rather, it’s strengthened by presenting a coherent whole that is supported by the evidence at hand. Your accusation of “cherry-picking” is a clue right off the bat that you simply have no refutation for the evidence I’ve given you thus far.

“It absolutely was understood to be an individual right. You are just wrong on this point.”

It absolutely was not, and you are sadly mistaken. The right was *explicitly enumerated* by at least three states — PA, VA and VT, and was recognized in those states. Your argument — and the argument of individuals on your side — is apparently that *despite* the lack of enumeration in the Constitutions and Charters of other States (and at the Federal level), that the selfsame right is enshrined in all those other documents.

Sorry, Towncrier, but that’s a huge reach, regardless of one’s political views. And it would earn you a very poor grade. You can’t logically argue that both the presence and the *lack* of language enumeratiing a specific right are legal equivalents. It’s a specious position, regardless of how comfortable it might make you feel.

As I’ve told you several times now, you’d gain much more legal traction trying to argue for an individual right to bear arms as an *unenumerated* right (such as the right to privacy) or for States to put it into their Constitutions in the first place. Since the precedent is clearly established that a State could enumerate that right *despite* the fact that it’s not enumerated at the Federal level, there’s nothing stopping other States from doing just that. And in fact, that’s probably the simplest and most effective way for States to push back against the argument.

“I know of no historical evidence of any state legislation that sought to ban the right to possess arms outright.”

Nor I, as I didn’t *assert* that any such legislation existed.

“And there is no evidence that it was not an assumed, ununumerated right in any case.”

Which is one of the two positions I’ve recommended that you take several times now. :roll:

“I only know of legislation against concealed weapons in the early 19th century (which CLEARLY IMPLIES that a general right to bear arms was assumed – just not concealed arms).”

I don’t agree with your reading at all. In any event, a 19th Century *implication* does not constitute an 18th Century legal imperative.

“Additionally, the court rulings following immediately in the wake of this challenged legislation show that it was indeed thought to be an individual right.”

Immediately in the wake of *what* legislation? The Bill of Rights? Besides, the fact that one side in a legal dispute takes the position that they’ve got a right to do something doesn’t categorically confer that right. I think that you yourself would assert that *claiming* a right to an abortion wouldn’t create or confer such a right on anyone.

“Yawn.”

You know, given your frequent demands that your opinions and positions be accepted as truthful and factual, you certainly have a problem with extending that selfsame courtesy to others. From where I’m sitting, you’re certainly no more knowledgeable on the subject than Jay, but you seemed to have no problem telling him to sit down and shut up.

Perhaps you should reconsider how you address others, particularly given that you’ve confessed to misbehavior in that regard more than once, and have apologized for it.

“And let me know when you can bring unequivocally compelling historical evidence to the table to refute the position I have argued.”

I can’t help it if you’re ‘married’ to your ideological position. Students with such a strong ideological streak always had problems in my class, regardless of which direction that streak happened to point.

Redcoat

January 23rd, 2013
4:21 pm

Well we are all getting our show…..right and left…….Why do I feel nothing has been accomplished today listening?…….you Dems/Libs need not answer that……hahaha…..I know I set myself up for it!

Brandt Hardin

January 23rd, 2013
4:53 pm

The situation in Libya has been overly-politicized and the victims and there families being instrumented as a ruse to create doubt in Obama’s leadership and his cabinet. Public access to real facts is being whitewashed by this rhetoric while conservative hands paint the Blackface on our President. Watch them mix and apply the paints to his face in a portrait of Obama being Bamboozed by the Far Right at http://dregstudiosart.blogspot.com/2012/10/bamboozling-obama.html

Tom Middleton

January 23rd, 2013
5:14 pm

Is this the same Rand Paul whose response to tragic mining deaths in his home state of Kentucky, in a mine tallying numerous safety violations, and the BP oil spill, which as we all know was a safety cluster-f*ck, a simple-minded “Maybe sometimes accidents happen”?

And he said what to the great Secretary of State Clinton, like he thinks he could be president? Physician heal thyself, Mr. Paul, for first you must become a sane senator!

Towncrier

January 23rd, 2013
6:00 pm

“As I’ve said many times, Intro to Constitutional Law. If you haven’t taught *this* subject, then maybe *you* should take greater care in telling others to ’sit down and just be a cheerleader.’”

Nice try, but teaching an introductory course on any broad subject is NOT evidence of having expert knowledge of any particular topic under that heading. We are talking specifically about the 2nd Amendment.

“From where I’m sitting, so do you and many of the sources you cite.”

Maybe you should find another chair. Some of the “sources” I’ve linked are from law journals and legal histories.

“FWIW, I’m not convinced you’ve studied it *at all,* and I’m certain you haven’t taught it.”

ROFL. You previously asserted that YOU had studied it more than me, and now you are asserting I haven’t studied it at all (you could have saved your breath and said the latter formerly). Come one, why be silly? FWIW, I kind of suspect you are making a mountain out of a molehill in stressing how your having taught a mere introductory course on a broad subject somehow makes you an authority on the 2nd Amendment. Sorry, I am not buying that.

“It absolutely was not, and you are sadly mistaken. The right was *explicitly enumerated* by at least three states —
PA, VA and VT, and was recognized in those states. Your argument — and the argument of individuals on your side — is apparently that *despite* the lack of enumeration in the Constitutions and Charters of other States (and at the Federal level), that the selfsame right is enshrined in all those other documents.”

It was “explicitly enumerated” by more than three states before 1789 (namely, Massachusetts and North Carolina) and by Tennessee shortly after (in 1796). It has since been enumerated by most of the states:

=http://www2.law.ucla.edu/volokh/beararms/statecon.htm

And it is explictly enumerated in the the English Bill of Rights of 1689, the document which the colonists lived by
prior to the Revolutionary War and relied heavily upon in forming their own Constitutions. YOUR argument is that the
absence of enumeration by 8 of the colonies in their State Constitutions means that they were discarding the right of
an individual to bear arms (except in the servive of a militia), despite 1) having enjoyed that right for almost a
century under British rule 2) there being no extant legislation banning individual ownership except when conscripted in a militia (which one could reasonably expect to find given such a change in previously existing rights) 3) the fact
that apparently many colonist possessed and carried arms apart from service in any militia and 4) the earliest
legislation seeking to control the carrying of arms was for CONCEALED weapons – a fact that (as I said earlier)
demonstrates that an individual right to carry arms was assumed – indeed, a given.

http://books.google.com/books?id=7yP1pwHAazEC&pg=PA74&lpg=PA74&dq=kentucky+concealed+weapon+law+1813&source=bl&ots=n7BAF4j45r&sig=WzeXjHq8tQljjMD9lEUgo-u_qBA&hl=en&sa=X&ei=BFMAUaHBCJK29gTY5ICACg&ved=0CDkQ6AEwAg#v=onepage&q=kentucky%20concealed%20weapon%20law%201813&f=false (from Google search on kentucky+concealed+weapon+law+1813)

“I don’t agree with your reading at all. In any event, a 19th Century *implication* does not constitute an 18th Century
legal imperative.”

See above and it – not three decades removed from the passage of the Constitution – constitutes the common
understanding underlying the 2nd Amendment.

“Immediately in the wake of *what* legislation? The Bill of Rights? Besides, the fact that one side in a legal dispute
takes the position that they’ve got a right to do something doesn’t categorically confer that right. I think that you
yourself would assert that *claiming* a right to an abortion wouldn’t create or confer such a right on anyone.”

Huh? The Bill of Rights? Please re-read my earlier post. I said “challenged legislation” right after mentioning the
concealed weapons law passed in the early 19th century. Surely you know these laws were challenged in court on
Constitutional grounds (an individual’s right to bear arms) and it was decided that the 2nd Amendment meant an
individual has a protected right to bear arms.

“From where I’m sitting, you’re certainly no more knowledgeable on the subject than Jay, but you seemed to have no
problem telling him to sit down and shut up.”

I did not when he asserted an interpretation of the 2nd Amendment held with good reason by many is “mythological claptrap” and then goes on to support that with the argument it is out of date (as if that had any legal bearing) and likely to spawn any number of McVeighs (demonstrating the very fear mongering he seems to detest in conservative politicians). He set the fire. I was telling him not to get burned by it.

Again, you need to find another seat – perhaps one in the back of the classroom instead of at the front. You have yet
to demonstrate (beyond mere academic boasts) any compelling reason to accept your (deficient) “reading” of the 2nd Amendment – our exchange a few days ago included.

“Perhaps you should reconsider how you address others, particularly given that you’ve confessed to misbehavior in that regard more than once, and have apologized for it.”

I may have “misspoken”. I was trying to use one of the terms you commonly use to wave off a point. Maybe it was “shrug”. There was nothing mean spirited in my use of “yawn”. I am not bored by my conversations with you – if I were I wouldn’t engage you much at all.

“I can’t help it if you’re ‘married’ to your ideological position. Students with such a strong ideological streak always had problems in my class, regardless of which direction that streak happened to point.”

ROFL. Maybe YOU should take your own advice on how you address others. Hmmm? I am sure you see I turned the tables on you above – that was purposeful (or should I say “reflective”?).

Uh Huh....Had I? Dream on Rand Paul

January 23rd, 2013
6:20 pm

HAD I been delusional I would be a Republican.

HAD I the heavens’ embroidered cloths,
Enwrought with golden and silver light,
The blue and the dim and the dark cloths
Of night and light and the half-light,
I would spread the cloths under your feet:
But I, being poor, HAVE ONLY MY DREAMS;
I have spread my DREAMS under your feet;
Tread softly because you TREAD ON MY DREAMS.

Uh Huh............Had I? Dream on Rand Paul

January 23rd, 2013
6:28 pm

Give up Republicans.

Throw in the towel.

Say, “I give”.

Raise the “white flag”.

Stick a fork in you..”cause you are done”.

You are fighting a losing battle.

Nothing can save you CONS.

Its going to take decades for Cons to recover.

Uh Huh

Uh Huh............Had I? Dream on Rand Paul

January 23rd, 2013
6:29 pm

The ONLY thing Ram Paul is going to fire

is that GUN under his bed.

Joe Hussein Mama

January 23rd, 2013
7:23 pm

Towncrier — “Nice try, but teaching an introductory course on any broad subject is NOT evidence of having expert knowledge of any particular topic under that heading.”

It’s also not evidence of a lack of knowledge in the field, either. My father’s a professor of 45 years tenure at the university where he teaches, and *he* teaches one Intro section per year in his field; would you like to contact him so you can explain to him his lack of qualifications?. In any event, *your* lack of teaching credentials on *this* subject are noted.

“We are talking specifically about the 2nd Amendment.”

Yes, we are, and just to catch you up, that’s part of the Bill of Rights, which was a major part of the course I taught. Quite frankly, I think you need to walk away from this line of argument, given your apparent contentious need to play King of the Mountain with others. If your argument to Jay of ‘well, I’ve studied it and you haven’t’ is as dispositive as you seem to think, given your rude tone with him, then the argument of ‘well, I’ve *taught* it and you haven’t’ should be just as dispositive. Long story short, I’ve taught on this topic. You haven’t. Move on.

“Maybe you should find another chair. Some of the “sources” I’ve linked are from law journals and legal histories.”

Perhaps you should refrain from relying so heavily on the historical work of others and *actually do some historical research yourself,* as I have.

“FWIW, I kind of suspect you are making a mountain out of a molehill in stressing how your having taught a mere introductory course on a broad subject somehow makes you an authority on the 2nd Amendment. Sorry, I am not buying that.”

I’ve said no such thing. However, it makes me more of an authority than *you* and your ‘well, I’ve studied the topic’ gambit.

“It was “explicitly enumerated” by more than three states before 1789 (namely, Massachusetts and North Carolina) and by Tennessee shortly after (in 1796). It has since been enumerated by most of the states”

Stipulated.

“And it is explictly enumerated in the the English Bill of Rights of 1689, the document which the colonists lived by prior to the Revolutionary War and relied heavily upon in forming their own Constitutions.”

Stipulated, but not evidentiary.

“YOUR argument is that the absence of enumeration by 8 of the colonies in their State Constitutions means that they were discarding the right of an individual to bear arms”

FAIL.

That is NOT my argument.

You may now climb down off your high horse, calm the eff down and ASK me what my argument is so that I can repeat it for you once more.

“Huh? The Bill of Rights? Please re-read my earlier post. I said “challenged legislation” right after mentioning the concealed weapons law passed in the early 19th century.”

I did not make the connection. Thank you for elaborating on that. However, I’m compelled to point out that you’re relying on decisions *after* the fact to construct your Constitutional argument. One could make a *legal* argument on such a basis, but arguing the textual and contextual meaning of the Constitution is not something you’re going to accomplish by looking at court decisions that *followed* it.

“Surely you know these laws were challenged in court on Constitutional grounds (an individual’s right to bear arms) and it was decided that the 2nd Amendment meant an individual has a protected right to bear arms.”

I’m aware of that. But as I said, the existence of a legal dispute does not automatically mean that the plaintiff has a point.

“I did not when he asserted an interpretation of the 2nd Amendment held with good reason”

In your *opinion.* I don’t begrudge you your opinion, but I don’t find your opinion on this topic to be any more valuable than Jay’s.

“by many is “mythological claptrap” and then goes on to support that with the argument it is out of date (as if that had any legal bearing) and likely to spawn any number of McVeighs (demonstrating the very fear mongering he seems to detest in conservative politicians). He set the fire. I was telling him not to get burned by it.”

Then perhaps you should have *used* those words instead of the ’sit down and shut up’ construction you came up with. Had you done so, I might have actually argued on your side. There’s a significant difference between telling Jay he’s being a Richard and in becoming one yourself in so doing.

“Again, you need to find another seat – perhaps one in the back of the classroom instead of at the front. You have yet to demonstrate (beyond mere academic boasts) any compelling reason to accept your (deficient) “reading” of the 2nd Amendment – our exchange a few days ago included.”

The deficient reading is your own, as is your deficient understanding of my argument. And I’m not *obliged* to present you any compelling reasoning for reasons I’ve already articulated to you in the past.

“I may have “misspoken”. I was trying to use one of the terms you commonly use to wave off a point. Maybe it was “shrug”. There was nothing mean spirited in my use of “yawn”. I am not bored by my conversations with you – if I were I wouldn’t engage you much at all.”

“ROFL. Maybe YOU should take your own advice on how you address others. Hmmm?”

And here’s where you FAIL again, TC.

I taught that class nearly *20* years ago — back when I was fresh out of the Army and still firmly in the Republican camp. The point you’re missing here is that I arrived at my findings and my argument *despite* my personal beliefs and opinions at the time. The legal fact of the matter is that you can’t logically argue that the *absence* of language is textually, metaphysically or legally equivalent to the *inclusion* of that language, and despite Scalia’s majority opinion in Heller I and many other students of the law — on both ideological sides — still hold that.

Again, I don’t begrudge you your opinion on the topic, but your opinion’s *clearly* informed by your ideology and the sources you’ve cited are not persuasive — nor are they the sorts of sources I’d have expected from one of my students. Frankly, I suggest that you make a trip downtown to the GSU Law Library and start reading cases and Constitutions (not just the Federal one). Your failure to cite primary sources and your reliance on secondary and tertiary ones is troubling for someone who seems to sure of himself.

“I am sure you see I turned the tables on you above – that was purposeful (or should I say “reflective”?).”

I’m sure you didn’t, though I’m sure you *think* you did. Once again, I taught that course *long* before I ever even *thought* of voting for a Democrat.

[...] sat before a Senate Committee for questioning this morning, Sen. Rand Paul (R-Ky) looked at her and made one thing clear: “Had I been president at the time [of the Benghazi attack] and had I found that you had not [...]

Towncrier

January 23rd, 2013
9:34 pm

“Perhaps you should refrain from relying so heavily on the historical work of others and *actually do some historical research yourself,* as I have.”

I am not sure what you are saying here. Are you claiming that you have examined the actual, primary historical documents themselves? Or are you assuming I have not looked at a number of republished (and sometimes online) versions of such documents? I have already pointed you to probably the best compilation of documentary evidence surrounding the ratification of the Constitution (the basis for much of Pauline Maier’s recent work, Ratification:

http://rotunda.upress.virginia.edu/founders/RNCN.html

“I’ve said no such thing. However, it makes me more of an authority than *you* and your ‘well, I’ve studied the topic’ gambit.”

Not necessarily. Teaching a class introductory Constitutional Law class decades ago doesn’t prove that. Only having done more research would.

“Stipulated, but not evidentiary.”

In a strict legal sense perhaps, but you see that is part of the problem with your position. There can be no question but that SC justices have looked outside the text of the Constitution itself to arrive at opinions. And I think the reason is clear: in absence of absolute clarity, a judge (unless he wishes to declare a law effectively meaningless and decline to rule) must somehow resolve the ambiguity inherent in the text of the law or Constitution under consideration or review. It has been said more than once that the Constitution is no marvel of clarity.

“That is NOT my argument.”

It is essentially your argument. By claiming the 2nd Amendment does not, in its succinct language, guarantee the right of individuals to bear arms apart from a militia – that the prefatory clause modifies or limits the main clause to a single meaning, you are exactly saying that all of the ratifying states were in agreement that an individual’s right to bear arms – despite the precedent of the English Bill of Rights and the other historical evidence to the contrary – should be left OUT of the Constitution’s Bill of Rights.

“I did not make the connection. Thank you for elaborating on that. However, I’m compelled to point out that you’re relying on decisions *after* the fact to construct your Constitutional argument. One could make a *legal* argument on such a basis, but arguing the textual and contextual meaning of the Constitution is not something you’re going to accomplish by looking at court decisions that *followed* it.”

Look – if I am reading a 19th century novel and the author makes use of the word “gay” I will know (given the historical context of the time) that he was not referring to a homosexual. As I said, apart form any strict legal argument based on precedent, the decisions support my claim of what the common understanding of the right to bear arms was around the time the Constitution was ratified.

“I’m aware of that. But as I said, the existence of a legal dispute does not automatically mean that the plaintiff has a point.”

See above.

“In your *opinion.* I don’t begrudge you your opinion, but I don’t find your opinion on this topic to be any more valuable than Jay’s.”

I likewise don’t find your opinion to be any more valuable than Jay’s. What is your point?

“Then perhaps you should have *used* those words instead of the ’sit down and shut up’ construction you came up with. Had you done so, I might have actually argued on your side. There’s a significant difference between telling Jay he’s being a Richard and in becoming one yourself in so doing.”

Agreed. Maybe I shouldn’t have said (in so many words) ’sit down and shut up’ but the “mythological claptrap” line seemed almost childish. So mine was a bit of a knee-jerk reaction. Mea culpa. But hopefully he won’t come out with statements like that again. Here’s to hoping, anyway. :-)

“The deficient reading is your own, as is your deficient understanding of my argument.”

So say you.

“And I’m not *obliged* to present you any compelling reasoning for reasons I’ve already articulated to you in the past.”

If you wish to persuade me to your POV, you are. Otherwise, you are right.

“I taught that class nearly *20* years ago — back when I was fresh out of the Army and still firmly in the Republican camp. The point you’re missing here is that I arrived at my findings and my argument *despite* my personal beliefs and opinions at the time. The legal fact of the matter is that you can’t logically argue that the *absence* of language is textually, metaphysically or legally equivalent to the *inclusion* of that language, and despite Scalia’s majority opinion in Heller I and many other students of the law — on both ideological sides — still hold that.”

What amendment are you reading? The right of the people to bear arms shall not be infringed. It IS included in the text. You just happen to think that the prefatory clause restricts the meaning to service in a militia (and that such a militia is only answerable to the federal government). And I have shown you in this post and others reasons for concluding you (and others) are flat wrong. We cannot both be right here: one of us is wrong. I think Scalia is correct on this point: that the prefatory clause is perhaps the PRINCIPAL reason for the right of INDIVIDUALS to bear arms – namely in defense of a “free State” in a militia (the contemporary term for a group of armed men – I mean no one was supposing a state would defend itself by individuals acting arbitrarily on their own; people didn’t fight battles that way back then). I once again refer you to this important document (asking you to please pay close attention to the proposed amendments by NH, VA and NY, as well as Madison’s initial draft):

http://constitution.org/mil/militia_debate_1789.htm

“Again, I don’t begrudge you your opinion on the topic, but your opinion’s *clearly* informed by your ideology and the sources you’ve cited are not persuasive — nor are they the sorts of sources I’d have expected from one of my students. Frankly, I suggest that you make a trip downtown to the GSU Law Library and start reading cases and Constitutions (not just the Federal one). Your failure to cite primary sources and your reliance on secondary and tertiary ones is troubling for someone who seems to sure of himself.”

Why don’t you leave off with your silly allusion to “students”? You are not scoring any logical points with that approach. Case law is, as you said in regard to the early 19th century decisions I cited, is not strictly determinative of the meaning of the 2nd Amendment. It is useful in understanding interpretive arguments people have made, and the “evidence” underlying those arguments. But that is all. I have read a number of cases and analyses of the amendment. And I would say YOUR opinion is “*clearly* informed by your ideology”, your claims to having arrived at them 20 years ago when a Republican notwithstanding. That was then, this is now. You were wrong then (perhaps just out of faulty reasoning). And you are wrong now (for ideological reasons).

I await your ineluctable response. ;-)

[...] ‘President Rand Paul’ would have fired Hillary post-Benghazi – Atlanta Journal Con… Posted in Constitution, Ron Paul | Tags: actually-happen, atlanta-journal-, constitution, hillary, journal, matter-how, report, she-might /* [...]

[...] Discussion about Rand Paul’s questioning of Hillary Clinton on the Benghazi attacks. He was grandstanding when he said that he would have fired her: [...]

Bengahazi hearings

January 24th, 2013
3:34 am

[...] hearings I found this interesting, ?President Rand Paul? would have fired Hillary post-Benghazi | Jay Bookman Reply With Quote « Previous Thread | Next Thread [...]

independent thinker

January 24th, 2013
7:39 am

And Condi did her job before 9-11? and how many died? Where was the GOP outcry then?

art bozan

January 24th, 2013
8:26 am

rand paul will never thank be potus.Heres hoping he fades away in 1 term as tea party falls into single digit aproval.

Danadude

January 24th, 2013
9:24 am

And if I were I pirate, I would sail around in my pirate ship and stab you with my pirate sword!

Joe Hussein Mama

January 24th, 2013
12:43 pm

Towncrier — “I am not sure what you are saying here.”

I know. That’s a large part of my problem with your argument.

“Are you claiming that you have examined the actual, primary historical documents themselves? Or are you assuming I have not looked at a number of republished (and sometimes online) versions of such documents?”

Do you know the difference between primary and secondary historical sources? Do you know the relative value of each in the context of historical research?

“I have already pointed you to probably the best compilation of documentary evidence surrounding the ratification of the Constitution (the basis for much of Pauline Maier’s recent work, Ratification:”

I see that you *don’t* know the difference between primary and secondary historical sources. Never mind.

“Not necessarily.”

Once again, if your argument to Jay was as dispositive as you seemed to think it was, then the fact that I’ve taught this topic and you haven’t is just as dispositive. Move on from this argument, Towncrier, because you’re never going to be able to logically prevail on this point; the best you can hope for is a draw.

“In a strict legal sense perhaps, but you see that is part of the problem with your position.”

Rejected, as that was the *aim* of the course I taught (and I’ve already told you this) — to construct legal arguments, based on a strict textual reading of the Constitution and *contemporaneous writings,* either in support of or in contention with selected interpretations of provisions of the Constitution as provided by the instructor. Often, the interpretations were drawn from decisions (both majority and dissenting) from SCOTUS or lower Federal cases and presented as arguments to the students. They then had their choice of arguing in the affirmative or negative. The main aim was for them to write a *coherent and self-supporting* argument that would withstand that strict textual interpretation, while confining themselves to the documentation that an early American attorney-at-law might have had available. Some students likened the limitations to ‘coloring inside the lines,’ as it were.

“There can be no question but that SC justices have looked outside the text of the Constitution itself to arrive at opinions.”

I agree. Yet one cannot logically argue that looking outside the Constitution somehow grants license to put in it what is not already there, or to remove that which has already been there.

“And I think the reason is clear: in absence of absolute clarity, a judge (unless he wishes to declare a law effectively meaningless and decline to rule) must somehow resolve the ambiguity inherent in the text of the law or Constitution under consideration or review. It has been said more than once that the Constitution is no marvel of clarity.”

Agreed on the point of clarity only.

“It is essentially your argument.”

It is not, and I refuse to entertain the notion that it is. You misunderstand me, and you insist on continuing to misstate my position rather than asking for clarification. I find that both dishonorable and reprehensible on your part.

“By claiming the 2nd Amendment does not, in its succinct language, guarantee the right of individuals to bear arms apart from a militia – that the prefatory clause modifies or limits the main clause to a single meaning, you are exactly saying that all of the ratifying states were in agreement that an individual’s right to bear arms – despite the precedent of the English Bill of Rights and the other historical evidence to the contrary – should be left OUT of the Constitution’s Bill of Rights.”

Denied and rejected. You claim that I imply *intent* when I have done no such thing. Since several states explicitly guaranteed the right, how can you know that the Founders’ collective intent was not simply to see the right guaranteed at the state level, rather than the Federal? I don’t argue that the right was never recognized, nor do I argue that it doesn’t exist at all. Rather, I argue that a more coherent legal case can be made for its inclusion at the state level (with the precedent already set by several states) or for its inclusion as an unenumerated right. Either way, the right still exists.

“Look – if I am reading a 19th century novel and the author makes use of the word “gay” I will know (given the historical context of the time) that he was not referring to a homosexual.”

And if you’re reading the Constitution in 1795 and you’re asked to consider whether or not the Constitution supports an *individual* right to bear arms, then you’re not going to be able to look at many of the sources you’ve provided — which is why I keep pointing back to State Constitutions of the time and reminding you of the rather simple and elegant solution to the argument in which we find ourselves — simply obviate the *need* to look at the Second Amendment by taking control of the issue altogether at the State level.

“As I said, apart form any strict legal argument based on precedent, the decisions support my claim of what the common understanding of the right to bear arms was around the time the Constitution was ratified.”

And I’m *advancing* a “strict legal argument based on precedent” of the time.

“I likewise don’t find your opinion to be any more valuable than Jay’s. What is your point?”

That you’re not engaging in a ’strict textual interpretation.’ Moreover, you appear to be arguing in favor of something that smacks of ‘judicial activism’ rather than the strict textualism your ideological compatriots so often claim to favor.

“Agreed. Maybe I shouldn’t have said (in so many words) ’sit down and shut up’ but the “mythological claptrap” line seemed almost childish. So mine was a bit of a knee-jerk reaction. Mea culpa. But hopefully he won’t come out with statements like that again. Here’s to hoping, anyway.”

One hopes that you won’t do it, either

So say you.

What more do you want? A syllabus?

“And I’m not *obliged* to present you any compelling reasoning for reasons I’ve already articulated to you in the past.”

“If you wish to persuade me to your POV, you are.”

And I’ve told you more than once that I’m not.

“Otherwise, you are right.”

Thank you for that.

“What amendment are you reading? The right of the people to bear arms shall not be infringed.”

That’s not an Amendment. That’s just *part* of one.

“It IS included in the text.”

If you *exclude* another part of the text from consideration, sure. I don’t accept that as dispositive.

“You just happen to think that the prefatory clause restricts the meaning to service in a militia (and that such a militia is only answerable to the federal government).”

The Constitution is quite clear on both those points. Again, see Article 1, Section 8 for more clarity on Congress’ powers with respect to the “militia” as referred to in the Constitution. Whereas your reading turns on the willingness of the reader to simply exclude from consideration a phrase that doesn’t sit well with you.

“And I have shown you in this post and others reasons for concluding you (and others) are flat wrong.”

Considering that I’ve shown you two places where the right *could* be cogently argued to exist, I don’t know why you insist on being so defiantly certain of yourself.

“I once again refer you to this important document (asking you to please pay close attention to the proposed amendments by NH, VA and NY, as well as Madison’s initial draft):”

Pay closer attention yourself:

Virginia — SEVENTEENTH, That the people have a right to keep and bear arms; that a well regulated Militia composed of the body of the people trained to arms is the proper, natural and safe defence of a free State. That standing armies in time of peace are dangerous to liberty, and therefore ought to be avoided, as far as the circumstances and protection of the Community will admit; and that in all cases the military should be under strict subordination to and governed by the Civil power.

Clearly indicating that the purpose of the citizenry bearing arms is so that they could *constitute* the militia, which, in its turn, would be under civil control.

New York — That the People have a right to keep and bear Arms; that a well regulated Militia, including the body of the People capable of bearing Arms, is the proper, natural and safe defence of a free State; that the Militia should not be subject to Martial Law, except in time of War Rebellion or Insurrection.

The “Militia” includes those capable of bearing arms. And note that here, “rebellion” is something that the militia would be called upon to *deal with,* not to engage in, as some in your ideological side argue.

On August 24, 1789, a House Resolution and Articles of Amendments were passed and sent to the Senate. The Amendment then read: “Article the Fifth. A well regulated militia, composed of the body of the People, being the best security of a free State, the right of the People to keep and bear arms, shall not be infringed, but no one religiously scrupulous of bearing arms, shall be compelled to render military service in person.”

And here it’s made *clear* — that the arms-bearing “people” are to “render military service.” The same position can be found in other places as well, in other documents.

“Again, I don’t begrudge you your opinion on the topic, but your opinion’s *clearly* informed by your ideology and the sources you’ve cited are not persuasive — nor are they the sorts of sources I’d have expected from one of my students. Frankly, I suggest that you make a trip downtown to the GSU Law Library and start reading cases and Constitutions (not just the Federal one). Your failure to cite primary sources and your reliance on secondary and tertiary ones is troubling for someone who seems to sure of himself.”

“Why don’t you leave off with your silly allusion to “students”? You are not scoring any logical points with that approach.”

Were *you* the former instructor and were *I* the one who had simply “studied” the topic, I do not believe you would want to dispense with the notion so readily. Besides, as I’ve said, your lack of primary historical sources is troubling. I strongly suggest you acquaint yourself with a law library.

“And I would say YOUR opinion is “*clearly* informed by your ideology”, your claims to having arrived at them 20 years ago when a Republican notwithstanding.”

Yes, well, that’s simply you letting your temper run away with you now. Your dismissive use of the work “claims” is unhelpful and inflammatory. If you don’t believe what I’ve told you of my background and history, then there’s simply no reason to continue discussing this topic with you, as you’re clearly just looking for an argument without any factual basis for offering one.

While you may have “studied” the topic under discussion, I’m certain you’ve never studied *me.* And lacking any study in that area, you’re not in a position to make claims about what I believed 20 years ago. Simply put, if you’re not willing to concede your critical error on that score and apologize on that point, then our discussion is done.

Towncrier

January 24th, 2013
3:08 pm

“That you’re not engaging in a ’strict textual interpretation.’ Moreover, you appear to be arguing in favor of something that smacks of ‘judicial activism’ rather than the strict textualism your ideological compatriots so often claim to favor.”

I see no need to apologize, JHM. Your assumption that my “temper” had “run away” with me in my last post shows that you are misreading it (and this is not the first time you’ve read anger into a statement behind which there was none). I had not the least bit of anger in me when I wrote it. And your imagining that I was somehow discrediting your claims of being a Republican and so forth 20 years ago are mere fantasies, based solely on my use of the word “claims” instead of something else like “assertions” or “statements”. And that was PRECISELY why I attributed your being wrong back then to “faulty reasoning” rather than ideology – I credited what you said as true! Further, your repeated expressions of condescension, while not really very upsetting to me (since I can be that way myself and find the assumptions underlying such expressions – particularly yours, like I have not done any historical research and don’t even understand it – are often ludicrous), are hypocritical and stand in ironic contrast to your claim of being offended. If that means you want to withdraw from further discussion, that is entirely your prerogative.

And I am not going to respond, point by point to you last post (for that is becoming more procedural than rational at this point and it seems obvious that much of it is not very germane to the topic but verbal jostling). But let’s see if we can’t take a different tact in this discussion. Let’s start with an analysis of the text itself and then work out to supporting evidence outside the text. Here is a sentence similarly phrased to the 2nd Amendment:

“Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged.”

How would you parse this? Would you say that it means that “schools and the means of education shall forever be encouraged” only in relation to “religion, morality and knowledge” – that the latter are the sole purpose of the former?

Or, borrowing from the conservative textual analysis of the 2nd Amendment (by no less than a former Supreme Court clerk, Nelson Lund) to which I provided you a link last week, how would you parse this fabricated “right”?

“A well educated Electorate, being necessary to self-governance in a free State, the right of the people to keep and read Books, shall not be infringed.”

Would you say that it means that the the people have a right to keep and read books for the sole purpose of developing or maintaining “A well educated Electorate”? Or would you concede that it can quite plausibly be interpreted to mean that because “A well educated Electorate” is is necessary to “self-governance in a free State”, the enumerated right shall not be infringed?

I think your response (or lack thereof) will help determine the future course of this discussion. If you don’t respond, then I will assume you are unable to defend your position.

Chris parrish

January 24th, 2013
4:25 pm

Fortunately, there’s zero chance of him becoming president.

Towncrier

January 24th, 2013
4:50 pm

At this juncture, I think it all boils down to two different interpretations of the 2nd Amendment:

1) The right of the people to keep and bear arms shall not be infringed [while they are members of] a well regulated militia [that is] necessary to the security of a free state.

VS.

2) [Since] a well regulated militia [is] necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.

In the first reading, the right cannot be infringed so long as the people (or individuals) are members of a state militia. Otherwise, there is no right to “keep and bear arms”. Thus the enjoyment of the right is conditioned upon service in a state militia. No state militia, no right.

In the second reading, a state militia is provided as an obvious and clear reason for the right of the people to “keep and bear arms” and why this right should not be infringed. Being the grounds for a “free State” by means of a state militia, the right “keep and bear arms” of the people or individuals to “keep and bear arms” shall not be infringed. There is no necessary limitation on this right to service in a state militia. The right can therefore serve any number of purposes (such as for hunting, self defense and so on).

One key question is this: what reading best comports with the linguistic evidence from contemporaneous documents and references?

Another key question is this: which reading best comports with what we may best conclude was the Framers understanding and intent from all of the available historical evidence?

A third key question is this: which reading, all other things being equal and apart from other reasoning related to the first two questions, makes the most logical sense? This would include reasoning of the sort “if such and such was meant, then why…”?

Joe Hussein Mama

January 24th, 2013
5:02 pm

Towncrier — “I see no need to apologize, JHM”

Then we’re done with this topic of discussion. I cannot accept that this flaming assertion was not intended to question my personal background and history any more than I can accept that your “study” of the Second Amendment somehow renders my teaching experience irrelevant.

And I would say YOUR opinion is “*clearly* informed by your ideology”, your claims to having arrived at them 20 years ago when a Republican notwithstanding.

This is the second time in this discussion that you’ve intimated that my opinion is ideologically-based when nothing could be further from the truth. Now, I don’t have a problem discussing this topic with you, but you’re going to have to recognize that there are points of fact that you simply don’t have a handle on, and one of the key points of fact here is that I arrived at this conclusion *ten years before* I even voted for a Democrat.

I was initially attracted to the GOP in the 70s by the intellectual conservatism of William F. Buckley, and one thing I always admired about him is that he did *not* dismiss facts that were contrary to his opinions and arguments. Like a little toy car, he backed up, changed direction and then tried a new approach.

I think you could stand to do the same.

Joe Hussein Mama

January 24th, 2013
5:11 pm

Towncrier — “Further, your repeated expressions of condescension . . . are hypocritical and stand in ironic contrast to your claim of being offended.”

As I have told you on several occasions in the past, I’m not aware of what *you* might find insulting or condescending any more than you’re aware of what *I* find insulting or condescending. Therefore, if you think I’ve been unkind, impolite or rude to you, I encourage you to tell me so. If you don’t, then I’ll have no idea that I’ve wronged you. Conversely, I’m obliged to tell *you* when I think you’ve been unkind, impolite or rude, for the same reason.

Therefore, if you want an apology from me for something I’ve said hitherto on this thread, you need to ask for it. And for my part, I’m still expecting one.

“I think your response (or lack thereof) will help determine the future course of this discussion. If you don’t respond, then I will assume you are unable to defend your position.”

Your announced assumption, in this case, would be wrong, but I shan’t pursue it absent an apology from you.

FWIW, you begin to approach and recognize my position in your last post, and that’s promising. What a shame that we won’t be able to discuss it further given your recalcitrance.

Towncrier

January 24th, 2013
7:28 pm

“Then we’re done with this topic of discussion.”

As I said previously, that is entirely your prerogative.

“I cannot accept that this flaming assertion was not intended to question my personal background and history any more than I can accept that your “study” of the Second Amendment somehow renders my teaching experience irrelevant.”

In the first place, I think you are confusing “cannot” with “will not”. Secondly, I don’t think it could be reasonably concluded that I ever implied your teaching experience was “irrelevant” (as opposed to simply not proving you were right). Thirdly, with respect to my so-called “flaming assertion”, I see no reason why you cannot now continue to hold to a particular interpretation of the 2nd Amendment because of ideology (it does comport with the views of most liberals I know besides you), regardless of how you originally arrived at that belief. And that is why I intimated your initial reading was due to flawed reasoning in the same post from which you quoted.

I simply am not going to apologize for a wrong I didn’t commit. That’s irrational, in my view. It might seem needful with the wife sometimes, but it is really not conducive to honest exchanges. The most I can say is I am sorry the way I put things upset you. Which leads me to this:

“As I have told you on several occasions in the past, I’m not aware of what *you* might find insulting or condescending any more than you’re aware of what *I* find insulting or condescending.”

I don’t know about you, but I generally know when I am being mean spirited or condescending or rude – not all of the time, but most of the time. So I really am surprised to see you seem to say that you generally are not aware of when you act that way. Because you do it a lot. Re-read some of your posts in this and other threads in which you are engaging at length me or Thulsa or some other poster with a contrary view.

“Therefore, if you think I’ve been unkind, impolite or rude to you, I encourage you to tell me so. If you don’t, then I’ll have no idea that I’ve wronged you. Conversely, I’m obliged to tell *you* when I think you’ve been unkind, impolite or rude, for the same reason.”

Well, thanks for that, but it happens so frequently I simply assumed you were doing it intentionally and purposefully. So I saw little point in addressing it. And I don’t think you are “obliged” to tell me when I have wronged you (unless, ironically, you are following a dictate of Christ). I know I have acted childishly (and I don’t think my frequent use of personae for satirical purposes is comprehended in the admission) and have apologized a number of times for it (as you yourself have acknowledged more than once). I am human. I am also Irish, so I have a tendency to react in an emotional, knee-jerk fashion sometimes (as I did with Jay the other day). But I generally respect you as a person and consider you to be both intelligent and funny (as you showed yesterday).

I have learned a lot about myself and politics since beginning to blog here about a year or so ago. I think the biggest thing I have learned is that political “discussions” like the ones found on this blog are mostly expressions of deeply held values. That explains my own somewhat aggressive posts on subjects like abortion and gay rights (and, conversely, the aggressive responses I receive). I think one’s worldview and political views are inextricably bound together.

The 2nd Amendment is a little different from me, since I am not a presently gun owner or a member of the NRA or a similar organization. I have not rushed out to buy a gun, and I don’t see much of a need for one now. It is all about principle for me: the principle of not twisting the words or the Bible or a document like the Constitution to suit one’s own desires. In my study of the Constitution, I have discovered that this document has been “twisted” (or, as I like to say, “subverted”) by all 3 branches of the government almost from the outset. That is objectionable to me. For I view it as a kind of contract or standard rather than a collection of suggestions. So my primary interest is to square current practices with what the Constitution says – whatever it requires for this to happen (adding or repealing amendments, modifying existing practices, and so on). I don’t think of any contractural agreement as a “living document” – the idea to me is absurd and immoral.

“Therefore, if you want an apology from me for something I’ve said hitherto on this thread, you need to ask for it. And for my part, I’m still expecting one.”

See above.

Tova

January 25th, 2013
12:26 am

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Joe Hussein Mama

January 25th, 2013
1:39 pm

Towncrier — “As I said previously, that is entirely your prerogative.”

And as I said prior to your grandiose extension of permission, you may either apologize or consider the discussion over. Clearly, given your repeated attempts to continue it, you’re either slow to grasp that or you don’t think I was serious.

“In the first place, I think you are confusing”

I don’t *care* what you think I think. Our many conversations have proven that you have an amazing facility for misreading me, misinterpreting me, misunderstanding me and then stubbornly standing on your poor understanding of my positions and arguments.

This will simply go down as another in a long line of such discussions.

“I simply am not going to apologize for a wrong I didn’t commit.”

You don’t determine when I’ve been offended any more than I determine when *you’ve* been offended.

“I simply assumed you were doing it intentionally and purposefully”

Once again, our many conversations have proven that you have an amazing facility for misreading me, misinterpreting me, misunderstanding me and then stubbornly standing on your poor understanding of my positions and arguments. Clearly this extends to my demeanor as well.

Towncrier

January 25th, 2013
5:08 pm

“And as I said prior to your grandiose extension of permission, you may either apologize or consider the discussion over. Clearly, given your repeated attempts to continue it, you’re either slow to grasp that or you don’t think I was serious.”

No problem. I will consider it to be over. I will therefore plan not to respond to anything you say about the 2nd Amendment in the future, and I expect you will do the same regarding my posts on the subject (in accordance with your statement above).

Joe Hussein Mama

January 28th, 2013
2:19 pm

Towncrier — “No problem. I will consider it to be over. I will therefore plan not to respond to anything you say about the 2nd Amendment in the future, and I expect you will do the same regarding my posts on the subject (in accordance with your statement above).”

You may behave as you wish. For my part, I don’t have any intention of abiding by your expectations of my behavior, and I’m certainly not bound by expectations on your part any more than you’re bound by expectations on mine.

I shall reply to you whenever and however I see fit, whether you like it or not.