It's not about guns...
The Potowmack Institute
The Potowmack Institute receives no support from
foundations or large contributors. This is still serious business. For
concerned citizens who learn something here and want to help elevate public
discourse, donations are tax deductible and can be sent payable to The Potowmack Institute,
4423 LeHigh Road, Suite 273, College Park, MD 20740
PayPal Paybox
The former homepage through March 5, 2008, has been moved to a new file.
Addressing Gun Violence
contains more information.
The homepage from March 5, 2008, to July 16, 2008, the most important part of which is a letter to Walter Dellinger who argued for the DC gov to the Supreme Court, has been moved to "Whither the United States of America?". There are other important observations.
After a long struggle that started in the 1970s, the malignant social values and insurrectionist political values have now received the smallest recognition in constitutional doctrine. Justice Scalia's Heller opinion is a rehash of the arguments in
"The Rise of Citizen Militias" published in the John Birch Society's magazine, The New American, in February, 1995. The John Birch Society is part of the ideological persuasion that has never accepted the modern state. It is the source of much Libertarian Right ideology ideology which in the present political context no one will talk about.
The context for gun rights is not in the eighteenth century but in the political struggles of the twentieth century which are struggles over the modern state and the regulation of capitalism. The Libertarian Right will return us to robber baron capitalism's golden age of political liberty pre-1910 when we lived in company towns and worked 70 hours per week in coal mines and sweatshops. The central constitutional issue is the expansion of the powers of the Federal Government under the Commerce Clause. See
"The Courts and the New Deal" (The Second Amendment gets its due mention). We can argue about whether the Commerce Clause is always appropriate or less than awkwardly applied, but the objection is on the sweeping ideological principles that any powers of a central government are creeping Stalinism. The ruling value is political cynicism. We cannot be a national community a modern nation state that functions collectively to address national issues with national authority. See Justice Alito's dissent in
US v. Rybar (1996) for where this reasoning leads.
If Rick Warren wanted to get serious with the candidates on August 16, 2008, he might have inquired into where they stand on the modern state and the twentieth century constitutional
transformations that created it. John McCain is committed to the justices on the Supreme Court that are committed to dismantling the modern state. Those are the five he approves of and they are the same five who voted in the majority in Heller. McCain is not required to explain himself.
This is all so much demagogic bunk. Ronald Reagan campaigned from 1976 to 1980 on the Panama Canal treaty. From the time Reagan took office as president in January, 1981, we never heard about the Panama Canal treaty again.
[PotowmackForum] interactive posting
A 501(c)(3) nonprofit corporation
4423 LeHigh Road, Suite 273
College Park, MD 20740
or click PayPal Paybox below for credit card donation. The Potowmack
Institute is very limited by the tax laws as to its lobbying activity.
Concerned citizens who wish to form a 501(c)(4) membership organization
for expanded political activity, please express an interest:
potowmack
then
at sign
then
potowmack(dot)org.
leave out then's and spaces.
The e-mail address is presented this way to defeat the spam miscreants
http://www.potowmack.org/indexIV.html
revised 09/08/2008
[PotomackForum], Interactive Posting
[ARCHIVE], Potowmack
Institute files
[RESOURCES], Newspaper,
magazine, journal articles, books, links
Assaulting Jim Zumbo
The NRA on Extremists
NRA scams its members
The Lionel Show
AirAm Radio's ignorant, crude, ugly,
air waves barbarian
Dear John Ashcroft
The armed populace doctrine at the DOJ
The Washington Post
cultivating ignorance.
Gun Policy News
news stories compiled daily.
"Sixty Minutes"
Failing its Mission
NPR's Diane Rehm
Civilized without Substance.
A longstanding dereliction.
Violence Policy Center
The public health agenda
falls in line with the NRA.
AFL-CIO
Getting it right but
failing its mission in the
larger struggle
Militia Act of 1792
To enroll conscript, register
Return of Militia
Inventory of private weapons in
the early Republic reported to the
President of the US
History
John Kenneth Rowland
Lawrence Cress
John K. Mahon
Others
Pseudohistory
LaPierre's list
The Quotes, the Quotes
Fabricating the armed populace doctrine
Libertarians, Conservatives
Tenn. Law Rev., 1995
Chicago-Kent Symposium, 2000
What does the NRA want?
IV. Civic values and the politics of the modern state
The struggle is over civic values and political culture. The Supreme Court has completely missed this. Justice Kennedy in his talk to the Ninth Circuit judicial conference, July 31, 2008, on C-Span's archive dated August 9, said,
"Law cannot be isolated from history."
"Each generation shapes its destiny."
"The rule of law is in mortal danger."
"The state must have the monopoly on force."
It was incumbent on Justice Anthony Kennedy to explain his statements
in light of his vote in Heller. He does not have to worry that anyone else will take him or the Supreme Court to task. The court has isolated the law from history to pander to a present day anarchic constituency. If he will admit that every generation shapes its destiny, he is in conflict with Justice Scalia who wrote the Heller opinion. Scalia wants us to be frozen in the political values, concepts, and institutions of the 1780s as he will redefine them to satisfy present agendas. Justice John Roberts said in his confirmation hearings that the justices will act as umpires who will impartially apply the rules as written, not seek to participate in the game and change the results. Yeah. Right. The present Supreme Court is the most politically appointed, politically motivated in Supreme Court history. The political agenda is to dismantle the modern state. None of this is examined in public consciousness.
Last February 19 [1964] at the University of Minnesota, Norman Thomas, six-time candidate for President on the Socialist Party ticket, said, "if Barry Goldwater became President, he would stop the advance of socialism in the United States." I think that's exactly what he will do.
Well, what was the advance of socialism? Thomas' Socialist Party had four major policy goals:
1) Collective bargaining for labor.
2) The basic provisions of the original Social Security Act.
3) The forty hour work week.
4) National health insurance.
The first three of these were achieved in the New Deal. The fourth is still on the agenda. The Socialist Party still exists but is very marginal because it was our most successful political party. It achieved three quarters of its goals. Those are still fundamental parts of our national existence. Ronald Reagan had the next twenty-five years of his political life including eight years as president to dismantle the achievements of Thomas' Socialist Party. Just like the Panama Canal treaty we never heard another word about those achievements in the advance of the dreaded "socialism". There is no political or intellectual leadership that makes the advance of socialism part of our national consciousness and holds our candidates accountable for what they are really talking about. And, of course, no member of congress of any political persuasion has ever introduced legislation to repeal the policy achievements of the Socialist Party. We are all socialists now.
[ARCHIVE], Potowmack
Institute files
[RESOURCES], Newspaper,
magazine, journal articles, books, links
© Potowmack Institute