Another letter To the editor of the Wichita Eagle, one  regarding gun control ended thusly: “The well-regulated militia” argument is settled, and the Supreme Court has spoken. We the people have the right.”

Ignorance of Supreme Court decisions is the predicate of this person’s opinion.

Our Supreme Court has a self-imposed duty (mainly interpretive) to decide issues based upon the constitutionality of particular laws, generally in response to cases that have already been decided by an subordinate court, such as a District Court of Appeals, or some other venue which is, by definition, subordinate to the Supreme Court.

The Supreme Court produces opinions on each case that they choose to consider. Each year there are more cases which could be heard, but which the Supreme Court opts not to review, for any number of reasons.

In recent years, we have seen many 5-4 decisions come out of the Supreme Court. This means that 5 Justices hold one opinion that is a contrary to the other 4. Quite often, we find that the affirming and/or dissenting justices don’t always consider the same aspect of a case when registering their decisions. Antonin Scalia is notorious for having an opinion which while included in with the affirming or dissenting opinions, is based on a different aspect of law, which he then uses to explain his reasons for affirming or dissenting.

Supreme Court decisions don’t always settle an issue. They most often settle a particular court case, using existing law to settle that one case, but not necessarily establishing a precedent for all similar cases that might appear at some future time. That said, The Supreme Court generally does not attempt to bind itself to any future case, and certainly not to any subsequent Court.

The Court convenes on the first Monday in October, each year. The same justices may be on the bench year after year. A few justices have died during their term; some have retired during their tenure. Each new member brings his or her own set of values, experiences and opinions.

Each year, new laws are made, and those laws are thus binding; although, they may someday be challenged through the judiciary process until it may eventually come to the attention of the Supreme Court.

The Supreme Court, when considering constitutionality, has to deal with the rights and privileges of the nation, as well as with issues of States rights. In the later, they may be deciding what is left to all states, rather than to the Federal government, or what should be left to two or more states that are representing an issue that only impacts on those few states.

For example, the court might heard a case regarding water rights between Kansas, Nebraska and Colorado. In deciding the issue, the decision may have an impact o similar cases in other states, or it may not. .

Perhaps the Court might hear a case revolving around state sales taxes collected and remitted between other states. If I buy something on line from a company in Illinois, should I pay Illinois sales tax or Kansas sales tax, or no tax? The court could decide such a case on the basis of the two states involved, or decide the case in such a manner that it effects all transactions of an inter-state nature across the land.

The Court, having rendered a decision, may find that federal and state laws are then passed that effectively renders the Court’s decision moot.

The matter of the right to keep and bear arms, and the definition of Militia, is not fully settled, and is always subject to re-consideration as new court cases are brought forth. It is furthermore subject to a new amendment being added to our Constitution.

We have yet to pass an Equal Rights Amendment which has roots back to 1918. However, with many laws, lower court decisions, and public pressures, we have found that many of the proposed concepts in the Equal Right’s Amendment have effectively been addressed within State and Local laws, and through changes in normal business practices.

My only point is that the author of the stated opinion doesn’t seem to understand how laws are made, and how our Supreme Court operates. Our Constitution is a living organism, subject to change, maturing, and addressing problems that may not been envisioned by the Founding Fathers. I wonder what Ben Franklin might have said if I told him that while the Mayflower’s journey required a time span from September 6, 1620 to November 9, 1620, that I could fly from New York to London in about 7 hours? If I set an email from New York to London, and waited on a reply to my message, I might have to wait for about a half an hour. Jefferson and Adams, representing our interests in France and Holland, might have been able to get a letter, and respond to it, in such a manner that from point A back to point A might have been accomplished in less than six months.

Is it ay wonder why the Founding Fathers didn’t have an item relating to modern communications and transportation? Thales of Miletus described static electricity around 600 B.C,, and Ben Franklin was far from the first man by a couple of hundred years to try and figure out something about electricity. Both these gentlemen wouldn’t have had a clue about on-line banking or -mail. The Montgolfier Brothers flew a hot air balloon over the French king’s head in 1783, but who of the Founding Fathers would have known to think in terms of international flying rules and regulations, or modern warfare involving all manner of heavier-than-air objects that can fly even outside our atmosphere?

Our constitution accommodates for change, and while the Supreme Court has made pronouncements on the term militia, and about rights of gun ownership, these are not carved in stone.

Didn't watch the golden Globe awards, just read the results in the morning paper. I don't know if I'll watch the Osacar awards, either. I'l like to see Tommy Lee Jones get a second Supporting Actor Award, and I'd ike to see Anne Hathaway naked. I mean, I'd like to see her win.

An opinion recently expressed in Wichita Eagle, stated: “All the gun-control fanatics should talk to our troops returning from war zones about how they feel about taking away the rights they fought and died for.”

First, any person calling another people a fanatic probably won’t do much to advance their argument or their cause.

Secondly, if someone fought and died, I doubt they will be telling anyone what they think about guns or anything else. Dead people just find it impossible.

I’ve heard this same BS before, that our troops died to protect free speech is a typical chant. Another is that men died to protect our freedom.

The first amendment to the U. S. Constitution gives us freedom of speech. That amendment was written and ratified when we were not at war, when no one was having to defend that freedom. And, as a matter of fact, there have been people who oppose war who speak out against war even while some Americans are actually abroad, engaged in combat. How can that be? It happens because our constitution gives us the right to free speech, not because soldiers are engaged in war, but irrespective of whatever conflicts might be occurring coincidentally.

People are concerned about gun control. Sportsmen want to be able to retain the privilege to purchase sporting weapons. Many people think that gun ownership is a right, rather than a privilege.

Right or privilege, many people wish to be armed for personal defense. People concerned about mis-use of weaponry, especially in incidents such as those in Newtown on December 14, 2012, or earlier this in California, want to be able to have logical discussions about appropriate gun controls relative to the types of weapons, the ease of obtaining such weapons, the proper use of such weapons. The list goes on and on.

No one with a rational, honest concern and opinion need be deemed fanatical.

And no one needs to attempt to justify their opinion based upon military personnel.

Ask this: Are soldiers fighting to defend my right to be a mass murderer, a careless hunter, a hot head who settles arguments with a gun?

Actually, the returning vets with whom I have conversed, generally agree that once in battle, their concern is self-preservation, and the preservation of their ‘buddies’ on the field of battle. No one has told me that as they dug a fox hole, they had a conscious thought about freedom of speech, or the right/privilege to keep and bear arms.

In several of our wars, men and women have enlisted to fight for democracy, or honor, or whatever other reason. When the draft was still in effect, many people were drafted who did not particularly care to serve. One of my best friends enlisted in the Air Force. He saw a notice from the Army in his parent’s mail box. He knew he had been drafted. He didn’t want to be drafted, but knowing he had been, he went to the Air Force recruiting station and enlisted. Another friend, a college buddy and roommate, graduated from college the year before I did. He was drafted, sent off to Officer’s Candidate3 School, became a Second Lieutenant, went to Viet Name was stepped on a land mine threeks later. His name is on a particular monument in Washing, D.C.

With literally millions of people still alive who have served in the military, I defy anyone to explain the one reason why each of those persons served, that is, to protect free speech? Gun rights? Maybe to escape going to jail by entering the service. Who knows, who knows? No one. The is no singular reason that is universal to all.

 

January 10, 2013

The following letter to the editor was in this morning’s edition of the Wichita Eagle.

Self-protection is a natural right

America’s Declaration of Independence is based upon the “self-evident” truth that all men “are endowed by their Creator with certain unalienable rights.” By referring to them as “unalienable,” the founders of our liberty meant that they are natural rights distinct from legal rights. That’s an important distinction to note, because natural rights are those neither incidental to the laws of any government nor contingent upon any customs or beliefs of any particular culture.

First and foremost among our few natural rights is the right of self-protection. Thus, it must follow that ownership of adequate weaponry to facilitate that right is itself a natural right. While once musket fire was returned with musket fire, warfare technology has taken us far beyond. Now that bad men brandish assault weapons that no laws will prevent them from having, what are the chances of good men without them?

For those who demand that the natural right of self-protection become a legal right for government to decide and dispense: Let us tread lightly here. Does government really protect us? How well? We need only look to history to consider what happens when a society begins to believe government will provide for the protection of the people and the people are, thus, not required it for themselves.

Ron A. Hoffman, Rose Hill, KS

The Declaration of Independence is not a foundational document. It is not the basis for our legal system. It is a mixture of final plea for help in resolving the problems some colonialists have with their legitimate government across the ocean, and a threat.

The population of the American colonies was approximately 2.5 million in 1776. This included slaves. Some 56 white men did not - could not - represent all 2,5 million people.

The language of the Declaration is high hyperbole. The document speaks of unalienable rights, those rights which are innate and cannot be taken away. Inalienable rights are those rights which can only be modified or surrendered by the will of the people.

Three unalienable rights are mentioned - life, liberty and the pursuit of happiness. If one actually has an unalienable right to love, then we might never die. We might never execute anyone. And we should certainly fid fault with the supposed creator who seems to have engineered humans to eventually die.

If we have unalienable liberty, then the only basis for a society of two or more people would be constant struggle as each person decides what liberty means, and pursues such liberty vigorously. For example, I have the unalienable right to your property. Therefore, it is right that I should seize it.

We have an unalienable right to pursue happiness. That seems reasonable, until balanced with such things as it makes me happy to take what is yours, or to deprive you of your happiness in the pursuit of my own happiness. If it makes me happy to rape your daughter, then I should diligently pursue that goal, regardless of how your daughter gets treated in the process.

Above, Mr. Hoffman claims we have an unalienable right to self-protection. I wonder if he considered that the declaration doesn’t even come close to making such a claim? I wonder if he considers that the declaration is not part of our legal system? I wonder if your right to defend yourself interferes with my right to happiness when I rape your daughter or steal your property?

Mr. Hoffman probably hopes that he has said something essential, meaningful and top-dead-center correct? I doubt he comprehends that his letter is a crock of bull exhaust.

Because the term unalienable is not appropriate, then if we swing toward inalienable, we find that the Articles of Confederation (our first constitution), the Constitution of the United States (our second constitution), recognize that we do have a need to look toward government for protection and defense.

Next to the Bible, the U. S. Constitution must be the most cherry-picked and mis-understood document in existence.

The Wichita Eagle’s Opinion Line and Letters to the Editor often make me wonder if people were paying attention during any of their school years.

In a recent letter, a man named Bob Wine, of Wichita, wrote a letter to the editor which said, in part: “When the Second Amendment was written, this nation was in the midst of a revolution to over-throw British rule and establish our nation and the foundation of a new government.”

George Mason was the principle author of the Bill of Rights, and his list included twelve rights. What we now regard as the second amendment, was fourth in Mason‘s list, What we know as the first amendment, was third in Mason‘s list. But, by the time we had a constitution, and subsequently a Bill of Rights, the revolutionary war had been over for 8 years. The war ended in 1783. The Treaty of Paris was concluded that same year, but it wasn’t until 1784 that both England and the United States ratified that treaty. It was our Confederation Congress that was in operation at the end of the war, and it was the Confederation Congress that ratified the treaty.

Before we had our Bill of Rights, we first had to have a new constitution to replace the our first constitution, the Articles of Confederation.

The ratification of the Bill of Rights, which comprised the first ten amendments to the constitution, occurred in 1791, almost a decade after the cessation of hostilities between Britain and America.

I admonish Mr. Wine, and all others, to learn history if history is the cornerstone of their argument.

Even with relatively poor eyesight for all of 2011 and 12, and the last 6 weeks of 2010, I have been able to read the newspaper and some books. In 2012, I checked out - and read - 65 books from the local library. I had to read large print books, when available. I had to read most of the time with my right eye close and relying on a bright light source.

I have 5 books checked out at the moment. I am just starting to read one of these. I have read 3 library books thus far this year.

In addition, I’ve been loaned several books. I have just completed reading Robert Reich’s, Aftershock, and Dolly Parton’s, Dream More. I have just started Ross Douthat’s, Bad Religion.

Last month, I read two books by Herman Wouk, The Lawgiver and the Will to Live On. I figure when a man reaches the age of 97 and is still writing important books, one should take the time to read the books to seek what wisdom might well be contained therein. I was not disappointed.

BTW, Dolly Parton’s book was fun to read, and she has an honorary Doctorate. She’s say being Dr. Dolly now put a whole new meaning on Double-D, when people are referring to her.

OK, I'm writing a crappy post today.

Boy, do I get confused. What’s the correct term for doing a chore twice a year. Should that be, I clean the cat’s litter box bi-annually, or, I clean the cat’s litter box semi-annually?

I’m not sure if I need to know. When the deposits in the litter box threatens to cascade over the edge of the box, I generally make a note to myself to change the litter in box - soon.

While shopping in a Big Box store after New Year’s day, I saw some plastic storage boxes on sale. I got one that is 34” X 14” X 6” (tall). The kits love it. They think they are going potty in the Great Outdoors.

The Fiesta Bowl didn't fare well for my Alam mater, Kansas State University. However, Oregon was used to getting 50-55 points a game, and K-State held them back. Not only that, Oregon was intimidated by K-State. Why, one Oregon player ran 94 yards just so a big K-Stater wouldn't knock the guy down ad hurt him.

This morning my heart goes out to Brittay Conklin, TrueBritt. Her Xanga message is for all of us. It is sad, deeply personal, yet universal. Please, take a moment and read what my dear friend has written.

More of the Wichita Eagle's best Opinions of 2012.

Wow. You know you live in Podunk, Kansas, when the big news of the week is the grand opening of a Chick-fil-A.

I thought I led a boring life until I saw the crowd waiting for Cabela’s to open its doors. Unbelievable.

Welcome to our strange world. In the 1960s, cars were huge and people were not. Now, people are huge and many of the cars have gotten smaller.

Question: What is the Kansas state tree? Answer: An orange road construction cone.

So in this term, is Obama again going to blame it on the guy who had the job the previous four years – himself?

Mitt Romney looks like a president. Rick Santorum looks like a grocery-store manager.

Re-electing Obama would be like skydiving at night without a parachute. The end is certain, but most won’t see it coming.

Election 2012 boils down to “Hope and change” versus “I hope he fails.” See you at the polls.

I read that there are an estimated 15 uncontacted tribes living in the Peruvian jungles, totaling about 12,000 to 15,000 people. Does the Democratic National Committee know about this?

How amazing it is that the folks who want to deny choice to buy jumbo soft drinks are the same folks who want unrestrained choice to have abortions.

If you want to prevent abortions, you make sure everyone has health care, a high school education, and birth control. Not the exact opposite.

So Larry the Cable Guy is going to play Wichita. We are complete.

No one is more unreachable than someone with a cell phone.

There are two basic differences between the Republicans and the Democrats. The Democrats search tirelessly for ways to spend your money. The Republicans, on the other hand, search tirelessly for ways to spend your money. I think I’ve made my point.

Koch Industries is adding 300 jobs without incentives? Is this legal?

I’m a Republican. I have a vision that the next law proposed by Brownback will be to change the Kansas state song to Monty Python’s “Every Sperm Is Sacred.”

Has anyone ever seen Newt Gingrich and Susan Boyle in the same room at the same time?

As an unpaid consultant for the Mitt Romney campaign, Kris Kobach is earning every penny he’s worth.

One of the few good things about being an old geezer is how other old geezers acknowledge me with a “howdy,” a nod of the head, and a knowing look that says, “Hey, buddy, we both got through it, didn’t we?” Somehow that makes having gotten through it all worthwhile.

God has only made two mistakes: Allowing mankind to invent basketball and golf.

The Republicans are getting in more trouble with the idea of invading women’s bodies than they did by invading Iraq.

Politicians, like fishermen, are born honest. But then they get over it.

I think we should have cleavage day at the Wichita River Festival to celebrate the gift that nature has given us. We could give out booby prizes.

The White House is currently the place where the grapes of wrath are stored.

TV should be required to list the ingredients of the programs, just like packaged food. For example, a news program should list: ads, 40 percent; weather, 25 percent; sports, 20 percent; and news, 15 percent.

The reason God made dogs is that he wanted to make something good after he failed on humans.

One version of “The Scream” just sold for nearly $120 million. My face looked like the picture when I heard that.

Do some people not look in the mirror when they put on that form-fitting T-shirt? It may have worked 20 years ago, but it does not now.

Using President Obama’s fuzzy math, your wife tells you she will probably gain 15 pounds on vacation. When she only gains five pounds, she’ll tell you that she lost 10 pounds.

Like the state of Kansas, I have been having trouble making ends meet lately. Like the state of Kansas, I guess I should ask my boss for a pay cut. Less is more, right?

Thanks to our intrepid Legislature, we no longer have to fear imposition of the laws of the Netherlands or Argentina by our state courts. Now if we could only get it to ban travel to Mars by left-handed individuals over Labor Day weekend, we could all rest easy.

Twenty-five years of experience as a businessman do not prepare someone to be president any more than 25 years as a barber prepare someone to be a priest.

Why is it when the Democrats run out of answers, they blame it on the previous administration?

Why is it when Republicans run out of answers, they blame poor people?

If you put the Democratic Party-controlled federal government in charge of the Sahara Desert, in five years there would be a shortage of sand.

If you put a Republican-controlled government in charge of the Sahara Desert, the sand would be polluted and Wall Street would be selling sand to investment banks that would go broke.

Tell your meteorologist to quit looking at radar and to call me. After I hand-wash both cars it will rain within 48 hours, guaranteed.

All you young people will never know the satisfaction of slamming down the receiver on an old-fashioned rotary dial phone.

More people seem to be igniting a lot of fireworks, then leaving the resultant mess for others to deal with. They must be Democrats.

Is it me or are the people of Wichita getting more and more angry every day? Put some chill pills in the water instead of fluoride.

Don’t use your Bible as a science book. Don’t use a science book as your Bible. How simple is that?

If male beach volleyball players can have full range of motion wearing shorts, why can’t the women? Put some pants on, ladies, and act like athletes.

Pay the House and the Senate by the hour.

It had been so long since we had rain that I had to pull over and get out the owner’s manual to see how the windshield wipers operate on the new vehicle I bought eight months ago.

Fred Phelps is wrong: God does not hate anyone. God loves everybody, including Fred Phelps. Therein lies but one of the major differences between God and me.

Am I better off today than I was four years ago? No, and it has nothing to do with Obama. It’s because of my ex-husband, and everyone still thinks he’s the greatest, too.

Coming soon to a theater near you: “Indiana Jones and the Quest for Mitt Romney’s Tax Returns.”

If you think jobs are made by jobs bills, then please don’t vote.

Kids today need to suck it up. I was bullied all the time growing up, and I’m fine. So are my alternate personalities, Floyd and Greta.

Football announcers who say “That’s the best play I have seen all year” make me wonder where they have been all year.

College and high school football advances education much like bullfighting advances agriculture.

It’s obvious that the mass shooters cannot see the “no guns allowed” signs. Shouldn’t a law be passed making these signs larger?

French fries kill more people than guns.

Headline for 2013: “Bankrupt and insolvent state of Kansas accepts takeover bid from Koch Industries.”

President Obama was much more engaged in the second debate. He found out he might lose the big plane in January. It’s the only one his ego will fit in.

Back in the day, high school kids boycotted the cafeteria food because it was inedible. Now, they boycott for larger portions. Go figure.

The two presidential campaigns spent nearly $2 billion for a job that pays $400,000 a year. No wonder our federal government is $16 trillion in debt.

Fluoride, shmuoride. Obviously, since Obama was re-elected, we should be more fearful of the stupid juice that’s in the water around the country.

Welcome, Mitt Romney, to the scrap heap of Republican presidential candidates. Mr. McCain will be glad to show you around.

Nothing says Thanksgiving in Wichita like turkey, liquor and a passive-aggressive mother-in-law.

The definition of a typical Wichita driver: One who leaves where he is 10 minutes late and expects to arrive where he is going 10 minutes early – and tries to rewrite the laws of physics in between.

The tornadoes had barely lifted back into the clouds when the conservative, anti-federal government politicians had their hands out for federal disaster money.

Hey, all you Olympic athletes: You did not win that medal. Someone else won it for you.

I look every morning to see if my picture is on the obituaries page.

Residents of 50 states have asked to secede from the United States under Obama’s administration? That means seven states are still for him, right?

In the United States, an affair with a beautiful young woman has cost a four-star general and CIA director his job and reputation. In France, it would have gotten him another medal.