Ignorance, Dunning-Kruger, & Trans Rights

Goodness me. Areomagazine has an “article” up by Helen Pluckrose and James Lindsay that takes itself far more seriously than it deserves. The intro and premises can be found in the opening paragraph:

The rights and social inclusion of trans people is a heated topic right now and, as usual in our present atmosphere, the most extreme views take center stage and completely polarize the issue. On the one hand, we have extreme social conservatives and gender critical radical feminists who claim that trans identity is a delusion and that the good of society depends on opposing it at every turn. On the other, we have extreme trans activists who claim not only that trans people straightforwardly are the gender they experience themselves to be but that everyone else must be compelled to accept this, use corresponding language, and be fully inclusive of trans people in their choice of sexual partners.

What the hell?

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Mountains of Chutzpah, coming soon

Our own Trav Mamone has a new post up advertising an article they have published on another site, SpliceToday.

It’s a look at an article on another site, AeroMagazine.com, that with garish arrogance titles itself

AN ARGUMENT FOR A LIBERAL AND RATIONAL APPROACH TO TRANSGENDER RIGHTS AND INCLUSION

So I took a look at the original article. Trust me, when I say that Trav Mamone is being very, very generous when saying of the article,

It isn’t as bad as I thought, but still missed the mark.

So, I’ve cheerily taken a dive into a cesspool of ignorance and am swimming around it for a bit, all so that you don’t have to. I’ll soon have two -count them two- posts up thoroughly addressing important aspects of the original article, including a whole lot of wrong. Here, however, I wanted to pluck out a criticism I’ve made of something from the AeroMagazine piece both because I’ve seen it way too many times (so it deserves extra attention) but also so that you’ll have a bit of snark to carry you through until the longer pieces get here. Also, too, there will be more coming your way on gun rights, some  of it addressing a couple things about which Enlightenment Liberal is correct, but didn’t realize that I was going to say in a future post, and some things in which EL is grossly, laughably wrong. (Hint: Bell v Burson figures prominently in that last category.)

From the upcoming post further tackling Trav Mamone’s target:

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Police Violence is Racialized And Racist, But That’s Not All

About 15-20 years ago now, I first encountered studies whose data found a person’s disability to be a stronger predictor of police shootings than race. It is tragic, it is racist, and it is utterly predictable that the US law enforcement system would kill Black men disproportionately. I’m very, very glad that issue is getting attention and hope that the even more disproportionate killings of indigenous and First Nations men get the same attention. Our racism must end, and the NFL protests among other avenues are fruitful efforts to bring attention to racist killings by police officers and the utter lack of accountability for them.

I hope, however, that there is room enough for us to discuss not only the racism of police, but other things as well. The increasing militarism of the police gets some attention, though it is frequently (and wrongly) framed as an alternative reason for concern, as if it’s not okay for white people to care about racist killings of Black men, but if we concern ourselves with police militarism generally then we’re being “fair” or “reasonable” by devoting ourselves to an issue that affects all of us. But receiving very little attention is the slaughter of persons with disabilities.

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Hold My Beer: Speaking of ‘Both Sides’ on Columbus Day

Wow. Bill O’Reilly has sabotaged his own credibility literally hundreds of times. He has said some of the worst things ever said on television, even if he’s not quite guilty of saying the single worst thing I’ve ever heard said on TV. And yet he felt it necessary to hand a friend his beer to take another go at this being-a-dishonest-asshole-for-cash gig because he really felt he had one more valuable contribution to make to public discussions.

Now, Bill O’ has managed to impress me with the arrogance of his ignorance and with his utter confidence that bothsiderism is somehow a careful, commendable journalistic practice. Given his history, that takes some serious doing. Yet he did it, and The Hill published it.

How, precisely, did he manage to make an impression that stood out after a career of such bullshit? Well, start with this:

First of all, “Indigenous People’s Day” might sound good on the campus of U.C. Berkeley, but it may be troublesome. Yes, some native tribes were enlightened societies but many were not. After inter-indigenous battles, torture and enslavement were often on the menu for the losers.

Wait, Bill. When you describe capturing people in battle and then torturing them, were you intending to describe the enlightened societies or the unenlightened ones? I’m a bit curious given your history.

But hey, the vast numbers of people in the Americas before Columbus did include some good folk and some bad folk. At least that has the benefit of being true, right? So what’s so appalling about this new column? Well, because Bill O is just warming up. Try this next:

Christopher Columbus was not a villain and does not deserve the vilification the PC police are heaping upon him. Every person on the planet has done bad things, but it is the totality of a human being that should be the litmus test.

Soon, the loons will come for the slaveholders George Washington and Thomas Jefferson. In fact, the Dallas school board is now debating their diminishment right now.

This is, of course, just the same macro point about populations brought down to the micro case of an individual:

Sure, Stephen Paddock killed 58 people and shot literally hundreds more, but he was also a fan of country music. Human, see? Complex! Good and bad! Not a villain! And John Shaft was a little bit white, okay? Can we all just agree to that like reasonable people?

Columbus landed on islands in what we now call the Caribbean. He came looking for loot. When he arrived, he found locals quite willing to trade, which we all know generates wealth. But Columbus decided against free trade. Instead he had something else in mind (quoted from Zinn’s Peoples History of the United States which itself quotes Columbus directly):

Arawak men and women, naked, tawny, and full of wonder, emerged from their villages onto the island’s beaches and swam out to get a closer look at the strange big boat. When Columbus and his sailors came ashore, carrying swords, speaking oddly, the Arawaks ran to greet them, brought them food, water, gifts. He later wrote of this in his log:

They … brought us parrots and balls of cotton and spears and many other things, which they exchanged for the glass beads and hawks’ bells. They willingly traded everything they owned… . They were well-built, with good bodies and handsome features…. They do not bear arms, and do not know them, for I showed them a sword, they took it by the edge and cut themselves out of ignorance. They have no iron. Their spears are made of cane… . They would make fine servants…. With fifty men we could subjugate them all and make them do whatever we want.

And it’s not like he idly mused about this while twirling a mustache, but then forgot all about it, went home to his mother and talked about how excited he was just to have been on a ship that crossed a whole ocean. No, Columbus refutes that idea in his own writing:

As soon as I arrived in the Indies, on the first Island which I found, I took some of the natives by force in order that they might learn and might give me information of whatever there is in these parts.

Okay, maybe he was a bit tribalist. He wasn’t a melodramatic villain to everyone, just those people who weren’t from his own European roots. Yes, sure he enslaved. Yeah, okay, when coming into contact from people of a totally different culture, with no common language and the fear of being one of a few whites on an island dominated by the darker Arawak, Columbus kinda went and kid a few bad things. But what was he like to his fellow whites? I mean, tribalism is a common human failing and I’m sure he was a good guy to those whites he bonded with over the course of a month at sea, right? Well, let’s see:

…on October 12, a sailor called Rodrigo saw the early morning moon shining on white sands, and cried out. It was an island in the Bahamas, the Caribbean sea. The first man to sight land was supposed to get a yearly pension of 10,000 maravedis for life, but Rodrigo never got it. Columbus claimed he had seen a light the evening before. He got the reward.

Oh. Okay. But disease, right? It’s not like he was really that evil, or that he sought to take lands by force. That whole genocide thing was just the accidental result of the introduction of European diseases to American populations, right?

Columbus built a fort, the first European military base in the Western Hemisphere. He called it Navidad (Christmas) and left thirty-nine crewmembers there, with instructions to find and store the gold. He took more Indian prisoners and put them aboard his two remaining ships. At one part of the island he got into a fight with Indians who refused to trade as many bows and arrows as he and his men wanted. Two were run through with swords and bled to death.

Columbus’s report to the Court in Madrid was extravagant. He insisted he had reached Asia (it was Cuba) and an island off the coast of China (Hispaniola). His descriptions were part fact, part fiction:

Hispaniola is a miracle. Mountains and hills, plains and pastures, are both fertile and beautiful … the harbors are unbelievably good and there are many wide rivers of which the majority contain gold. . . . There are many spices, and great mines of gold and other metals….

The Indians, Columbus reported, “are so naive and so free with their possessions that no one who has not witnessed them would believe it. When you ask for something they have, they never say no. To the contrary, they offer to share with anyone….” He concluded his report by asking for a little help from their Majesties, and in return he would bring them from his next voyage “as much gold as they need … and as many slaves as they ask.” He was full of religious talk: “Thus the eternal God, our Lord, gives victory to those who follow His way over apparent impossibilities.”

Because of Columbus’s exaggerated report and promises, his second expedition was given seventeen ships and more than twelve hundred men. The aim was clear: slaves and gold.

Okay, that kinda sounds bad. He was safe back in Europe and turned around to go back with the specific aim of taking slaves? And this after proving that he was perfectly fine with murder and theft? Yeah, that does sound kinda bad. But not too bad. I mean, lots of people killed people back then, right? I mean, the indigenous peoples of the Americas even tortured and killed sometimes, right? So it was a bad time, but it’s not like Columbus was EEE-ville with a capital EEE. I mean, he believed in God, right? What did the priests have to say about his expedition? Good things, I hope, right? Let’s ask the Catholic priest Bartolome de las Casas who went on Columbus’ expedition to Cuba (via RawStory):

Endless testimonies . .. prove the mild and pacific temperament of the natives…. But our work was to exasperate, ravage, kill, mangle and destroy…

And the Christians, with their horses and swords and pikes began to carry out massacres and strange cruelties against them. They attacked the towns and spared neither the children nor the aged nor pregnant women nor women in childbed, not only stabbing them and dismembering them but cutting them to pieces as if dealing with sheep in the slaughter house. They laid bets as to who, with one stroke of the sword, could split a man in two or could cut off his head or spill out his entrails with a single stroke of the pike. They took infants from their mothers’ breasts, snatching them by the legs and pitching them head first against the crags or snatched them by the arms and threw them into the rivers, roaring with laughter and saying as the babies fell into the water, “Boil there, you offspring of the devil!” Other infants they put to the sword along with their mothers and anyone else who happened to be nearby. They made some low wide gallows on which the hanged victim’s feet almost touched the ground, stringing up their victims in lots of thirteen, in memory of Our Redeemer and His twelve Apostles, then set burning wood at their feet and thus burned them alive. To others they attached straw or wrapped their whole bodies in straw and set them afire. With still others, all those they wanted to capture alive, they cut off their hands and hung them round the victim’s neck, saying, “Go now, carry the message,” meaning, Take the news to the Indians who have fled to the mountains

Oh, er. So that genocide wasn’t all just an accident of disease? And Columbus carried out a campaign of violence in order to terrorize entire populations so that he could take land and gold and spices and slaves and whatever else he wanted? Well, it’s a good thing he wasn’t after any political objectives as well. Armed robbery is bad enough. Genocide is as bad as it gets. If we had to add terrorism to Columbus’ crimes, I think I’d just have to cry some ivory white tears. Thank goodness that quote stops there. Right? RIGHT?

They usually dealt with the chieftains and nobles in the following way: they made a grid of rods which they placed on forked sticks, then lashed the victims to the grid and lighted a smoldering fire underneath, so that little by little, as those captives screamed in despair and torment, their souls would leave them.

Oh, fuck. He was engaged in political killings, too? Well, at least he was a good Christian man. Yeah, he killed those who didn’t give him whatever he wanted. Yes, he terrorized entire nations. Yes, he engaged in targeting killings of political leaders. Sure, it’s hard to believe that anyone could say that he had no political or social objectives such that this would actually constitute terrorism. But he didn’t have, like, naughty sex or anything, did he? I mean, except for the coveting, the murder and such, he didn’t actually break any really important commandments or anything, did he? I’ll let the relentlessly conservative Death and Taxes Magazine tackle this issue, republishing in full their defense against charges of Columbus’ sexual violence and sexual immorality:

 In 1500, Columbus wrote to a friend: “A hundred castellanoes are as easily obtained for a woman as for a farm, and it is very general and there are plenty of dealers who go about looking for girls; those from nine to ten are now in demand.”  Another letter written by Columbus’ friend Michele de Cuneo (in 1492, before the expedition reached the New World) reads “Columbus was rewarding his lieutenants with native women to rape.”

From these letters it has been deduced that Columbus was something of a New World pimp, auctioning off women to his men for sexual pleasure. Surely this behavior must have occurred to an extent, but was it systemic and carried out with great relish by Columbus?  No one can know for sure, yet the charge is leveled at Columbus by his detractors as if it is indisputable fact.

Well, good to know. Columbus killed locals and when their parents were dead enslaved girls “from nine to ten”. Then the wages paid to the Europeans who worked to bring him gold were taken back in exchange for these enslaved girls. But since we don’t know how systemic this was, and we don’t know if Columbus actually chortled with glee while contemplating the profits he made off the rape of children, let’s not actually criticize, okay? It could have happened only a few dozen times, after all! Thank goodness we have conservatives here to give us the best possible view of Columbus. It’s just lucky Columbus didn’t give any of the sex slaves birth control, or he might have lost the advocacy of even those as effective as the writers at Death And Taxes.

After all that, you would think that O’Reilly’s bothsiderism-inspired statement imploring us to remember Columbus was actually a good guy is as bad as it can get. Even when he literally dismisses murder, genocide, theft, and slavery as irrelevant to our moral evaluations of Columbus, that’s merely an extension of what he’s already done, right? I mean, you couldn’t be any more infuriated by this

that was a minor part of the “Columbus business,” as Hollywood would have put it if they were wooing him for a three-picture deal. Mostly, Columbus was a brilliant navigator who opened up the world for travel. No small achievement.

than you already were, could you?

Well then, you really ought to stop reading right now. Now is when O’Reilly passes his beer to whomever counts as his best friend, cracks his knuckles, and outdoes his own obscenities. His bothsiderism (hell, Bothsiderism itself) reaches peak dishonesty, peak horror, and even peak wtF? with this quote:

Columbus made four voyages across the Atlantic between 1492 and 1504. He was looking for a route to Asia so he could buy spices at a discount or something.

But Chris kept running into various Caribbean islands, also the formidable obstacles of South and Central America. There was no passage to the Far East, only an endless drifting around.

Along the way, Columbus ran into some Indian tribes, most notably the Caribes. They did not like Chris and his malodorous European crews. Strife broke out and some bad stuff went down on both sides.

Presumably, of course, he’s referring to the fact that his first military fort in the Americas, on land he didn’t own and wasn’t even in the possession of Spain (his sponsor) or Genoa (the city-state of his birth), was attacked by locals after he murdered many, enslaved more, and left for Europe allowing his 39 representatives living in the fort to scour “the island in gangs looking for gold, taking women and children as slaves for sex and labor.” All 39 representatives were missing and presumed dead on Columbus’ return. Since O’Reilly doesn’t specify any “bad things” done by the Arawak or other nations Columbus attacked, we’ll likely never know to what O’Reilly refers. But perhaps it’s as safe a bet as any to assume that local leaders punishing a gang of serial rapists is a very, very bad thing to O’Reilly.


You can, and should, contact The Hill to tell them just exactly what you think of their publication of this apologia for genocide.

 

 

Sounds Good, But Then I Don’t Speak Portuguese

I’m very interested in this article at the New York Times about Edge of Desire. While this bit

Gathering nightly to watch the television show in a graffiti-covered living room has become a ritual for the residents at Casa Nem, a refuge in downtown Rio de Janeiro for transgender and gender-nonconforming Brazilians, who view the story of Ivana’s transition to Ivan as the first dignified and nuanced portrayal of people like them in the country’s mainstream media.

sounds very promising, I’m quite well aware of how The L Word was phenomenally popular in my circles (and, yes, I watched quite a bit of the show) without ever communicating much that was real about the average experience of being a queer woman in the US because of the same biases towards wealthy and urbanite subjects that plague US television generally. It might be a great show, it might be mediocre but getting lots of positive attention because expectations were so low that even mediocre is better than most Brazilian trans folk hoped to see during their own lifetimes.

Though it’s unlikely, if you have actually seen the show and know something about the Brazilian context your comment will be particularly welcomed.

99 & 44/100ths % Pure Racism

D’oh! I’m an idiot. IVORY soap advertised itself as 99 & 44/100ths% pure, not Dove. My idiocy now set aside, I leave the OP alone so you can at least get the substance about the current advertising campaign, which is correctly attributed to Dove.


Dove, having famously marketed their soap as “99 & 44/100ths % pure,” now has a new ad campaign – or had. That’s right, it’s already over and in all likelihood you hadn’t even yet seen it.

The Kansas City Star appears to have been the first to call it out, and three hours after this article detailing the contemptible ad, the Star had another article up, this one, that highlighted a tepid apology from the company that received less attention in the initial article.

The best news out of all this is that the company took down the ad quite quickly, and also that

None of Dove’s statements on the Facebook advertisement this week described what the company’s intent had been in making the ad.

That’s actually a step up from what we normally see, regardless of how bad the initial ad might have been.

The substance of the racism critique is that a Black woman with a dark shirt is seen pulling that shirt up and off over her head. Through the wonders of green screen tech, this reveals a white woman with a lighter shirt underneath. The apparent implication being that Dove can make you lighter/whiter (and that this is desirable).

That message was undercut by the fact that the white woman then removes her shirt to reveal another woman not depicted in the screen-captures that I saw, but identified in writing as “a woman of color” wearing a shirt of a shade in between that of the Black woman’s dark shirt and the white woman’s ecru shirt. However, not many people were willing to give Dove the benefit of the doubt as the product that they were advertising listed it as useful for

normal to dark skin

Yeah, I think just dropping the ad was a good idea. Get that bottle changed as soon as possible, though, eh?


As a post-script, I feel compelled to note that while it’s hard to praise the marketing of a product as marketing itself is so deeply entwined with consumerism and problematic attitudes towards capitalism and consumption, as far as marketing campaigns go, I actually liked the many-different-shapes ad campaign they ran where their products were not just depicted but actually sold in what they called “Real Beauty Bottles” that contained the same amount of soap or lotion, but differed radically in profile. Some bottles were tall and entirely flat. Some tall but slightly curved in at the middle, others were short and shaped like an upside-down apple, with several other shapes included as well. It didn’t work out well, with one criticism saying the bottles made some people feel judged, but I thought that one came from a good place.

Rapists’ Lives Matter. Oh, and Fuck the Poor.

As has happened many times and in many places, a Michigan rapist has been given parental rights and joint custody over a child born from one of those rapes. Though this particular case happened in Michigan this bullshit has received media coverage before. And before that. And before that.

Should I go on? Probably not. Samantha Bee did, and that still hasn’t helped.

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I was wondering when John Carlos would show up

John Carlos, the world’s fastest humanitarian, has been relevant to the NFL protests since they began. I probably should have written about him sooner, but the last 2 weeks when things heated up as a result of Trumps douchegabbery I was in the middle of some serious downtime. So now, I’m sad to admit, I’ve been beaten to the punch. Sports Illustrated nabbed an actual interview.

However, that piece is short and just tremendously inadequate. As is too often the case, you’ve got to go to a venue outside of the US in order to get the fuller story of US racism. In this case, I can reasonably recommend Sam Dean’s piece in the Telegraph last year. From that piece:

Carlos was just 23 when he made his stand, and it cost him everything. With his reputation ruined, he struggled to find a job, his children were bullied at school and then, nine tortuous years later, his wife Kim took her own life. By then, their marriage had broken down, and Carlos believes her death was partly the result of the endless interference of the Federal Bureau of Investigation, which had placed him under constant surveillance since his return to the United States.

“Here’s a guy with income who can support his family,” he says of himself. “And then the next day he has no income and people start to walk away. You go through a process in your mind, thinking about why. Maybe it is because they have no love for me, maybe they don’t like me. But then it dawns on you that they are walking away not because they don’t love you – they are walking away because they fear what is happening to you might happen to them.”

The article praises Carlos as a “horticulturalist” who planted seeds of hope, freedom, justice and activism who has been lucky enough to see many of those seeds sprout. Among those seedlings is a more active cadre of athletes and other anti-racist activists. Yet even before the atrocious and overt blackballing of Kaepernick, the Telegraph had clearly identified major barriers to athletes speaking out (though they focussed on the then-current Rio Olympics):

“The fight is going to go on.”

The question, then, is whether it will be fought by athletes. In this money-spinning era of agents, sponsorship deals and endless proclamations of the importance of “brand values”, it seems the weight of the establishment is heavier than ever.

… Such is the primacy of sports brands in the United States that an athlete’s kit supplier is listed alongside their name on results sheets, and is often read out when they are announced to the crowd before competition.

:puke:

I had no idea that the Olympics did anything like announcing, “The Nike-wearing Florence Griffith Joyner!” Nonetheless, there are activist-athletes. The Telegraph pointed out in that piece Serena Williams and basketball player Carmelo Anthony. And now we have not merely Kaepernick, but dozens of NFL players, including some at the top of their positions.

Trump is a jerk, a mendacious, malicious, bullying jerk. But in this case there are finally enough NFL players protesting, with enough non-protestors linking arms with the protestors, that maybe the wildly successful Kaepernick will not have to face the same fall and the same later tragedies as the wildly successful young Carlos. And that unity among players has everything to do with having these decisions forced upon them by Trump’s bullying. Many choose not to protest police violence and other racial injustices, but nearly all of those now choose to stand with those who do. Whatever happens to Kaepernick for his 21st Century Mexico City moment, it’s clear that there are now too many players participating in efforts to end racism for the NFL to blackball them all.

 


*1: Though I haven’t written anything focussed on Carlos, I don’t think, I know I’ve mentioned him in a post before. I’ll have to look up the context.

Everything You Need to Know About US Gun Rights, Part 2

Fast forward several decades and there’s a case called Wickard v Filburn. Roscoe Filburn was growing wheat on the Filburn family property in the state of Ohio to use mostly as animal feed for animals also kept on the property (thought the family also ate a bit of it). To regulate interstate commerce in wheat, the feds had set limits on “personal use” wheat-growing. The theory was that wheat is a fungible commodity: one grain of wheat is fairly interchangeable for nearly any other grain of wheat. So if you’re growing a lot, even if you’re not selling it, that changes the in-state demand for out-of-state wheat. The feds clearly had the power to regulate interstate commerce, but do they have they power to regular entirely in-state activities simply because those activities have an effect on an interstate market?

Well, yes. Yes they do, is what SCOTUS decided.

This decision effectively created a new power of the federal government to regulate local activities. FDR’s administration actively advocated for this power, in part as a response to the Great Depression and the need for coordinated regulations that could revive the national economy as a whole (and also in part on a law-and-order theme that required more police powers to be given to a federal government that had been granted very few), though not all of FDR’s reasoning was so generously based. From the time FDR’s administration entered, he encouraged Congress to pass legislation based on the theory that local action could be regulated to the extent that such regulation or local action has an effect on interstate commerce. In 1934 the National Firearms Act was passed, the first attempt at a comprehensive, federal regulation aimed at firearms. The principal effective language is found here:

[T]he 1st day of July of each year, every importer, manufacturer, and dealer in firearms shall register with the collector of internal revenue for each district in which such business is to be carried on his name or style, principal place of business, and places of business in such district, and pay a special tax …

It shall be unlawful for any person required to register under the provisions of this section to import, manufacture, or deal firearms without having registered and paid the tax imposed by this section …

There were also some provisions dealing with the sale/transfer of firearms by persons not dealing in firearms as a business, but those were decidedly secondary to the above.

Note that this does not attempt to control firearms in any sense other than an economic market: the federal government, under the prevailing understanding of the time, had no ability to control guns per se. Nor could this constitutional innovation of the 1930s have been predicted in 1789: it was entirely novel and quite radical in its day, not a logical outgrowth of conventional constitutional understandings common amongst the first Framers.

In this sense a right against the federal government to bear arms is nonsensical and the 2A is utterly irrelevant. Almost 150 years after the constitution’s initial passage and the feds still don’t have inherent authority to enact gun control? Again, this substantiates the argument that the 2A was never about providing a right against federal regulation. But if we understand that the original 1787 Constitution was a federal document and was not seen as possessing any power to regulate relationships to which the federal government was not a party (state/individual relationships being the most relevant here) then the 2A is further cemented as a regulation on the state/federal relationship by the elimination of the possibility of any federal/individual regulation.

But we’re not done yet with the Commerce Clause. In 1995 the case US v Lopez decided the question of how analogous Filburn’s wheat-growing could be said to be with (Lopez’s) gun possession. The answer is that the two are not analogous, or at least not sufficiently analogous to justify congressional regulation of gun possession. While it is obvious that someone with a need for wheat who then grows some will buy less, there is no obvious impact on general commerce likely to cross state lines that is created by the simple possession of a firearm.

Justice Breyer argued that the Filburn reasoning implies looking at cumulative impact of all similar actions. After all, the fluctuations in demand for wheat within an entire state are such that Filburn’s wheat growing alone would not have changed intrastate demand for wheat. It would be a mere rounding error in the amount of wheat needed, representing just a bit more wheat imported that might go to waste but that intrastate dealers would need to have on hand anyway in case it was needed by customers. Thus, cumulative impact should be considered, and here it’s clear that all of the people in Ohio, grouped together, who grew some wheat on private property for private use would ultimately reap a crop substantial enough to affect the orders placed across state lines by Ohio dealers. Breyer argued that the behavior at issue in Lopez (gun possession within a certain distance of a school) could easily said to have an effect on interstate commerce simply by noting that the total impact of all gun possession on or near school grounds has an effect on education. Violence in schools is associated with poorer grades and standardized test scores and can be logically explained as one result caused by the distractions imposed by normal fears that occur in the presence of significant dangers … such as the dangers created by the presence of firearms. For Breyer this logical chain could justify the constitutionality of the underlying statute, but his view did not persuade the court.

Note again that the court is not here deciding that the provisions of the 2A trump legitimate constitutional action. The court here is stating that Congress had no right to regulate gun possession in the first place! If, in fact, Congress had had such a right from a power other than the Commerce Clause, the court would have had to determine the extent to which such a right was infringed by the law and whether such infringement was permissible. The court did not engage such a test because it simply wasn’t necessary.

But if Congress had no right to regulate gun possession from 1787 right through 1995, then, again, what the hell was the 2A supposed to be doing in a document spelling out the powers, limits, and relationships of the federal government?

Again, it was regulating a relationship between the states and the feds. That’s it. That’s all. It’s not a mystery. What it is to present-day folks is confusing. We’re confused because the horror of slavery was so extreme that the nation as a whole came together and gave the feds the right to regulate the state/individual relationship.

Now that this ability of the feds to interfere in the state/individual relationship is taken for granted, people have forgotten that this wasn’t taken for granted when the federal constitution was written in 1787 and the 2A in 1789. Nonetheless, this was a distinction made and it was the common understanding in the late-18th century context within which the 2A was drafted, passed, and ratified. We can’t change that now.


Part 3 in the works.

Everything You Need to Know About US Gun Rights, Part 1

This post grows out of a discussion on Mano’s blog about gun rights and the US constitution. If you like, please read the beginnings of this discussion where it originated. However, in response to questions raised by EnlightenmentLiberal, I felt the need to write a comment whose length kept increasing. (No, Crip Dyke! Say it isn’t so!) Ultimately, I thought this history/argument was better presented as its own post here.

The real problems in the interpretation of the 2nd amendment can be found in a Commerce Clause case about the growing of wheat on private property and the anti-slavery reconstruction amendments.

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