Supreme Court Shoots For the 2nd

The Supreme Court will soon be reviewing this decision by the DC federal appeals court that declared the 2nd Amendment protects an individual right to possess handguns throughout the country.

The opinion and the dissent are worth the read if you can get through the legalese of court opinions. Wikipedia has (or at least had - never can be sure what the future will bring on Wiki) a good summary of the appeals court's opinion here.

While my own views of the Militia and the 2nd Amendment are hardly a secret, I think there is a chance this case could end up at least somewhat unfavorable towards the gun rights crowd.

First off, the Constitution never explicitly states who is a member of the militia, it only defines some powers of Congress to provide for it and its training among other things:

Article I, Section 8

To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;
To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress

And the power of the president to lead it when in the service of the federal government:

Article II, Section 2

The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

And while the 2nd Amendment justifies the right with the necessity of a well regulated militia, many argue that the right is not dependent upon it. The problem is that in US vs. Miller (1939) the Court established the precedent in a unanimous opinion that the right "must be interpreted and applied" while keeping in view the ultimate goal of the right is ensuring the militia system is protected.

Amendment II

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

One thing that bothers me with the Miller argument is that it seems to wholly ignore the idea that rights are assumed to exist prior to and without the Constitutional protections in the Bill of Rights, let alone any of the justifications in them. More to the point the Bill of Rights was feared by Madison to be a greater danger to rights than simply limiting the power of government to the point it couldn't deny them. Essentially a list of rights could be used to argue technicalities and whittle away at those rights and allow the government to deny others even exist. To avoid this problem as much as possible we have the 9th Amendment:

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Unfortunately 9th Amendment defenses have a lousy track record since it is mainly intended to protect rights that have no legal protection or to what ends it prevents interpreting the extent of the legal protections per the construction.

A big problem for most people is that the militia is generally poorly understood. When they think of the militia they think of the old stories where it was actually employed in the service of the State or federal government, organized and with a command structure. They think of it as the National Guard in our modern times.

But the perception isn't quite accurate. The fact is that the militia often includes them and they don't even know it. Able bodied males or persons capable of providing for the common defense are overwhelmingly subject to call for militia service by either their State or the federal government and are considered part of the unorganized militia.

10 United States Code 311

311. Militia: composition and classes
Release date: 2004-03-18
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

Constitution of the State of Illinois: ARTICLE XII - MILITIA

SECTION 1. MEMBERSHIP
The State militia consists of all able-bodied persons
residing in the State except those exempted by law.

Illinois statutes include similar age and other restrictions. But it's often surprising to most people who is in the militia... especially when it includes them.

So even if the 2nd Amendment only protects militia arms, this case is a sure thing, right?

Not so much.

If the weapons in question weren't shown to be useful in maintaining the militia in the lower courts then the Supreme Court is unlikely to decide this as it is likely considered a matter of fact. Which means it may or may not have been established already leading to a good or bad result or simply remanding it back to the lower courts. (UPDATE -- From reading the appeals court's opinion it appears that not only were handguns determined to have a relationship with militia service, but also that earliest legislation on militia arms included pistols. So this worry appears to be unfounded on my part.)

Another problem is that the Miller case relied heavily on the original perspective of the militia that took the view that citizens in the militia would be at least minimally trained and/or enrolled as such. A practice that died out as most people didn't appreciate the hassle and interruption from their civilian lives.

The Court could hold that this original perspective of what the militia should be trumps the broader legislative and State definitions as far as their decision is concerned. Possible due to the fact that they are focused on controversies under the Constitution and the constitutionality of the militia legislation is unlikely to be one of those controversies. (UPDATE -- The appeals court notes that the earliest militia legislation includes both broad and narrow elements of militia service... that within certain age limits all capable men were to be enrolled for militia service. But that enrollment was similar to registering with the Selective Service today.)

I'd hope that the current Court would be more likely to rely on the protection of a fundamental right over trying to ensure some maintenance of a militia system in the image long ago abandoned and not explicitly defined as needing to conform as such in the Constitution itself.

But the precedent is a bit unsettling here (and from a unanimous decision, no less). And the ability to decide the case relies heavily on what arguments and evidence was already established in the lower courts.

As far as I can tell the right of a law abiding citizen to own a handgun is fundamental and not explicitly dependent on the militia justification. If anything the protection of that broad right helps to ensure that the militia system can be utilized in a worst case scenario where it would be needed in some future invasion or rebellion that right now seems absurd, but a century from now could be a real possibility.

But would the Court determine the right to be absolute? Or would their decision attempt to be as narrow as possible to ensure that they don't throw the nation's current regulations into severe turmoil? Would they use the prior precedent to justify at least some regulations under a "compelling state interest" style argument?

There are some clues as to how a few of the justices may rule... but as there hasn't been a 2nd Amendment case since 1939, it's difficult to know with any certainty how the Court will eventually decide.

It has me nervous yet excited as to the possibilities. It could be profoundly good, profoundly bad, or somewhere, anywhere, in between.


UPDATED -- 11:30am on November 27, 2007

I initially forgot to include the introduction to the case itself and links to the lower court's decision and information.

Also some of my concerns were addressed in that lower court decision and I wanted to point that out.

The opinion and the dissent are definitely worth the read if you have time but here were some of the more profound points/arguments I found when I read it:

• That the Miller decision's point that the right guaranteed must be analyzed with the main goal of maintaining the militia in view does not necessarily restrict the right to that end exclusively, nor did Miller suggest that courts must only consider the right within that context alone.

• That the earliest militia legislation, as does modern militia legislation, included a broad section of the public as subject to militia duties and enrollment.

• That the earliest militia legislation included various infantry weapons, including pistols, that people should procure for militia service.

• That the Supreme Court has noted that the 2nd Amendment is applicable in territories, not just States. This could effectively thwart any notion that since the justification clause specifically mentions "State" that somehow the militia or the right itself was somehow limited to states alone... a historically and legally false presumption. Even D.C. broadly includes its citizens as part of the militia.

• And of course the extremely tortured logic and spinning methodology of wordplay it takes for the District to argue against an individual right and for a collective one that defies how words are used elsewhere in the Constitution and the Bill of Rights, and defies all current and historical legal understanding of the militia and the right itself.
  

The decision might still make some 2nd Amendment folks cringe a bit when they argue what restrictions may be allowable... but it's far more likely to make the gun control proponents cringe more as their "collective right" theory is eloquently shot to hell by both barrels.

Night of the Living Democrats

Favorite part: Cheney roaming around with a shotgun while swearing.

And to be fair:

Night of the Living Republicans

Favorite part: Ted Kennedy driving Nancy Pelosi... where's the bridge though? C'mon!

And just to go along with my John McBain 2008 Campaign:

Unnecessary Force

Paid for by Citizens for McBain

Giving Thanks

Here's one way to say thanks:



That's a good start.

Here's more ways to give thanks:

Anysoldier.com.

USO

Toys for Troops

And ways to demand thanks:

Contact your US Rep and Senators (you might want to tell them to have a pen and paper handy):

• Demand that they stop the military branches from discharging soldiers for purely pre-existing conditions when they have service connected injuries and ailments... cutting them off from their earned benefits and often resulting in them getting a bill for their earned bonuses.

• Demand they review cases where this is believed to have already occurred.
  

• Demand that they standardize the DoD disability rating system so that service connected injuries deserving of retaining military benefits earn at least a 30% rating so our wounded vets get them.

• Demand that they do more to staff the VA bureaucracy so that claims of disabled vets can be decided faster and more accurately... no more skimming do to meet quotas while short on staff.

• Demand they address States with historically low ratings for veterans claims to ensure no more vets get told their shrapnel isn't service connected or other absurd excuses for low ratings.

• Demand they make mental health care more accessible to vets with appropriate staffing and allowing private care when VA facilities aren't nearby.

• Demand they do more to facilitate claims by homeless veterans with a claims process that is almost entirely done through the mail and taking a more pro-active role with shelters and other homeless advocates to ensure they are both aware of and able to get to the services available to them.

• Demand that if they're going to continue our operations in Iraq, whether they support it or not, that they increase the size of the military so our men and women in uniform do not have to endure extended and multiple tours with little leave. For both them and their families.

• Demand they thank the troops in more than words... but with actual support.

Don't just say thanks. Give thanks. Demand thanks.

Fox Contributor: America Failed Vets

The following is the full text of the article, available here, on FoxNews.com:

America Has Failed Our Veterans
By Col. David Hunt

We — that’s you and me — just had a Veterans Day. You might have missed it? Did you notice that we had fewer parades and TV and radio shows talked a little less about the holiday. Just last year, we were all over our men and women in uniform and retired — we all said no matter what we think of the war in Iraq or Afghanistan, we were going to honor thos who served … remember that?

Well, we have lost our way, we have failed them. We have let them all down. You cannot keep asking, hell demanding, that your soldiers go back to combat three, four and five times in five years — leave their families, lose their limbs, their lives, their souls and then not even have the decency to take care of them when they get hurt. We ought to be ashamed and embarrassed.

This year we were shown by the national media how poorly our wounded soldiers were being treated once they had their limbs replaced. We saw the rats literally crawling at our nation’s primary veterans hospital, less than 10 miles from the White House. While we celebrated this year’s Veterans Day, the broken promises were still being made to our returning veterans. Our men and women still have to wait months for appointments, years for payments, wade through miles and miles of useless paperwork to get the treatment that they have earned. Hell, this nation owes them.

Here is the deal we have made: You soldier, go and get blown up, leave your family, suffer numbing emotional damage, have your body blown apart, and we, the United States of America, will take care of you for the rest of your life. The soldier always does his part and this nation always lets them down.

We are now learning that the suicide rates of returning combat vets are four times higher than we thought. We also were treated to this fact that there are over 160,000 homeless veterans in this country. I do a lot of volunteer work at a homeless shelter and have worked to establish a veterans’ homeless shelters in Boston. I can say with a sadness that cuts very deep that we are now seeing returning veterans from this current war living on the streets of Boston and L.A. That ought to be enough to unseat a government.

How is this possible? We gave $10 billion to Pakistan since 9/1, we have spent hundreds of billions of dollars — that’s hundreds of billions in Iraq — you would think a few billion could be set aside for the men and women making it all possible. A few billion to ensure that this nation does what it promised and takes care of those who have taken care of us.

For my disconnected, disinterested uncaring friends, it’s not about the damn money. We have the damn money, it’s us, we suck, we do not care. We do photo ops with soldiers standing behind us, we walk in parades and shake hands on the appropriate holidays. Some of us wear flags in our lapels, but we are all collectively allowing out government to perpetuate this crime, the crime of not taking care of soldiers.

We need a revolution of care and competence, we need a political action committee, we need something powerful outside the government to make this government keep its sacred promise to our soldiers. I am telling you — we have lost our way. I am hoping it’s not too late. This war with terrorists will not stop with Iraq and Afghanistan, so we all need to understand that we will need these great soldiers, Marines and special operation types for as long as we want to be a free nation.

Maybe that is enough to wake up?

-------------------------------------------------------------------------------

Colonel David Hunt, U.S. Army (Ret.), is a FOX News military analyst and the author of the New York Times bestseller They Just Don’t Get It. He has extensive operational experience in counterterrorism, special operations, and intelligence operations. He has trained the FBI and Special Forces in counterterrorism tactics, served as the security adviser to six different Olympic Games, testified as an expert at many major terrorist trials, and lectured at the CIA, the FBI, and the National Security Agency. You can read his complete bio here.

One word: Dayum!

Chuck-Huck Facts

I'm not a fan of Huckabee personally... but this ad cracked me up. As seen posted on IlliniPundit.com:

I haven't picked a candidate for President yet, but this is a ringing endorsement (and a pretty funny commercial).



Huckabee is also endorsed by Ted Nugent and WWE star Ric "Nature Boy" Flair.

It's good to see a candidate with a sense of humor... but Huckabee just reminds me too much of the "bad" President from 24:




Maybe it's just me...

CNN Special on the VA Fight

Saw this linked to VA Watchdog.org today with the following criticism:

This is CNN's long-awaited program on waging war on the VA...something any veteran who has filed a claim can relate to.

However, this is what I would call "docu-lite."

There is nothing new in this program. It is just a rehash of information from print stories.

What we did find out is that Acting VA Secretary Gordon Mansfield, when pushed, can be a belligerent old cuss.

CNN would have done better if they had found three new stories to tell instead of just putting video to old print stories.

And, the Michael Moore "Roger and Me" stunt (trying to get to see the VA Secretary) is more than a little tired. Come on guys, try something different.

Now I agree the information is old, but not everyone has heard or seen these stories before and if you haven't heard or seen them, these stories must be heard.

I wouldn't recommend watching it if you have friends or loved ones serving in combat zones right now however. Odds are you're probably worried enough without adding more fuel to that fire. These videos tell the stories of seriously wounded soldiers and it could be a bit too much.

But if we're ever going to get significant pressure on the federal government to stop jerking veterans around on their benefits, these stories of what happens when a veteran slips through the cracks and gets shafted by the bureaucracy have to be known by everyone, not just their families who suffered with them.

VIDEO: CNN's "WAGING WAR ON THE VA" -- CNN's Dr. Sanjay Gupta
...
This program is in six parts (so it could be posted on YouTube).

Length of Part 1 is 8:42.
Part 1 posted on YouTube here...


http://www.youtube.com/watch?v=Tt3NX1ki1tw



Part 2 posted on YouTube here...

http://www.youtube.com/watch?v=e_fpo_nAiRs



Part 3 posted on YouTube here...

http://www.youtube.com/watch?v=mFxZL6ZBoH8



Part 4 posted on YouTube here...

http://www.youtube.com/watch?v=atPkGx94Y1I



Part 5 posted on YouTube here...

http://www.youtube.com/watch?v=Zn6slzk1eHQ



Part 6 posted on YouTube here...

http://www.youtube.com/watch?v=9vrms14qq2Q

And just in case anyone can justify this as just a few isolated incidents... as if that makes it okay... here's my last post on the "personality disorder" scam with related links: What's more disgraceful?

Now it's time to get ready for my VA appointments 45 minutes away (since local hospitals are essentially off limits for VA coverage)... but it gives me time to think about the 5 year fight for benefits... how those far more deserving have to fight that same system...

On the 45 minute drive back... I can sip on the soda pop I bought with my $1.26 VA gas reimbursement (because the feds deduct several dollars as a cost saving measure)
and contemplate how I can justify my own positions on foreign policy once again.

I can't complain too loudly there though... the older vets are quick to remind me that it has actually improved to this point. Just amazing.

Road Trip Compilation:

Links to the various stops in my road trip below (in order):

Smoky Mountain National Park


Charleston Harbor on Veterans Day


Capitol Square in Richmond, Virginia


Appomattox Court House


Harpers Ferry


Antietam


Walked in a lot of big footsteps... Jefferson, Marshall, General Lee, Grant, Eisenhower, Churchill, Lincoln, John Brown, W.E.B DuBois, FDR and countless others...

One of hell of a week.

Road Trip Update: Antietam

(Note: Click any of the images below to make them larger)

If nothing else, visiting Antietam is a humbling yet fascinating experience. Constantly faced by the irony of the horrors seen here contrasted with the natural beauty of the landscape...



It was littered with monuments to the various regiments who fought here as well as various artillery pieces:



As well as visual information signs that explain what happened here along Antietam Creek:



And some of the significant buildings that were involved, farm houses, and Dunker Church shown here:



There were also information signs that noted the locations of the various regiments and their movements throughout the battle. The battlefield is huge... fortunately it has a road winding around it to see everything... it'd be a hell of hike otherwise.

Here are a few of the information signs and the area they were describing:





The battlefield is full of otherwise innocuous areas that were the scene of true horror... like this spot in the woods:



As the sign there notes... 2300 men were dead or wounded within 15 minutes of fighting here (and that was just on the Union side):



This spot is called "bloody lane"...



In the picture on the left here you can see why... after the battle it was literally filled with Confederate bodies up and down it:



That building at the end of bloody lane is the observation tower that was erected to view the battlefield from above...



Lots of famous folks have been up to the top... including Patton and Eisenhower if I heard the ranger correctly... so that gets another feet picture:



A view of bloody lane from above:



Some other views of the battlefield:







Would have taken more shots up there but the high school kids raided the tower shortly after I got up there...

Here's some of them next to the Irish Brigade monument. They didn't seem impressed by the big names who had stood at the top of the tower... the general consensus was that "it sucked" but hopefully there was at least a few who appreciated it...



Here's Burnside's Bridge... where General Burnside was under orders to get his men to the other side at any cost... unfortunately his men had to charge from open field to a narrow shooting gallery to do so... with Georgian riflemen picking them off from the high ground:





You can see they had effective cover for their sniping while the Union guys had nothing but prayer on their side... which apparently ain't bulletproof...



The last view of many men trying to cross:



The last view of those who ran faster:



The regiment that finally got across was apparently promised whiskey if they made it... what a man will do for booze... yeesh.



There's some bitter irony behind the story as well... as a Confederate pointed out... Antietam Creek ain't all that deep... they could have crossed pretty much anywhere else and only got their britches soaked.



And sure enough... it's still only a foot or two deep even in the middle of the creek:



Remember that Harpers Ferry battle I talked about in the last post? It's what allowed Lee to invade the North and make his stand at Antietam undistracted from the rear... and after Harpers Ferry fell, reinforcements were able to arrive to deter the Union army from chasing him down (something that cost the Union general his command afterwards)...



Here's a few views of the area of the final assault (from left to right) chasing down (technically up this hill) the Confederate army under Lee until Hill's reinforcements arrived:







And a very humbling end stop:



For such a sad place it was a truly beautiful one:







"Not for themselves, but for their country..." the inscription on the statue reads:



A great deal of the graves are unknown soldiers... some unknown as to whether they were on the Union or Confederate side... they were marked by their location and a number... just a number...





The view out behind the cemetery...





This one seemed to catch the mood fairly accurately... all this beauty stained by war...



After this it was time to come back home...

Though I must admit it was hard to go west instead of east when I came to the interstate... one way took me home... the other way meant more road tripping to Washington D.C... but I'll go back there again some other day.

Now it's time for some rest and rehabilitation... my boots feel so small walking in all these big footsteps.

Road Trip Update: Harpers Ferry

(Note: Click any of the images below to make them larger)

Harpers Ferry (originally known as Harper's Ferry, but over time they dropped the apostrophe) is a town that sits where Virginia, West Virginia, and Maryland meet... and also where the Shenandoah River runs into the Potomac River...

Here's the Potomac River running away from me after the Shenandoah hits it:



Here's the Shenandoah running into it...



The old railroad supports... part of what made this area critical. It made the town a gateway.



Long before then though this area had been scoped out by a very famous Virginian... Thomas Jefferson who had high praises for the view:



This is where the two rivers meet...



Here's the Shenandoah again... it'd probably look cooler without the bridge, but that bridge came in handy later...



Here's Jefferson rock...



The US Army Corps of Engineers added supports after the rock had worn down enough that it began to threaten the people below...



To get up there you have to climb some steep steps that the original residents carved into the rocky hillside... oof...



The town has been somewhat restored to get a feel for how it used to be during the Civil War...



Another view...



I can't remember if it is the only town or one of few that the Appalachian Trail runs through... this time I actually hiked part of it as it runs up those stone steps up to Jefferson Rock...



Here's what I came to see... where John Brown attempted to raid the US arsenal to arm slaves to rise up against their Southern masters and end slavery through force...



This spot marks where he made his last stand in the arsenal's firehouse (a.k.a. his "fort"):





Here's the old firehouse... no longer in the original location because a railroad line now runs right by there...



The "fort" has been moved around, disassembled and reassembled a lot over the years...



Now it sits next to what remains of the base of the old arsenal:



The arsenal was burnt down by Union troops to prevent its capture by Confederates once they were effectively screwed and doomed to make the largest surrender in US history until WWII:





John Brown's rifle:



Remnants of John Brown's gallows:



Live by the insurrection, die by the gallows? Sometimes, I guess.

Here's the map I like to call "screwed":



Once the Confederates took the high ground at Bolivar Heights they not only had the Union forces surrounded on all sides by artillery and infantry... but also removed any serious defensive posturing they could have maintained to hold their ground.

Here's a couple views from Bolivar Heights... looking down towards Harpers Ferry:





To take Harpers Ferry you had to get up over Bolivar Heights... which meant marching from this field, and up this hill, into artillery and infantry fire:



You can still make out the long trenches at the top of the hill the infantry could use as cover while shooting any poor fool who had the job of charging up to the top of the Heights...







From the map above though you can see Jackson's strategy was effective in flanking the Union forces and taking the Heights... from there the fall of Harpers Ferry became inevitable.

Bolivar Heights has some big footsteps too... Jackson when he took Harpers Ferry... Lincoln who visited after the Union took it back... and others:



Harpers Ferry became home of one of the earliest black colleges in the South. It was also one of the meeting places of the Niagara Movement, a predecessor to the NAACP. John Brown being a martyr for the cause of freedom, no matter how he was despised and/or dismissed by slavery supporters and those who wanted peace at any price, especially since it was a price they didn't have to pay.

W.E.B. DuBois is in the front row, middle of this photo taken at Harpers Ferry a century ago:



John Brown may be an antihero of sorts... but still a hero as far as I'm concerned.

Walked in all sorts of big footsteps this trip. Even Lee's once again as he played a role in Brown's demise.

One more update on the way: Antietam

Road Trip Update: Appomattox Court House

(Note: Click any of the images below to make them larger)

Today was a real treat. Appomattox Court House:



Of course this is the court house of Appomattox Court House.



Appomattox Court House was the name of the village where Lee surrendered. He didn't actually surrender in the court house of the village... fun trivia.

The national park has rebuilt, restored, etc many of the buildings that existed the day of the surrender...





The village started because of this tavern that was established on the road to serve travelers:






Soon a town formed and it became the county seat, and the court house was built...



The renovators and restorers had their work cut out for them:



But they did an amazing job:



The crown jewel of the park:





It was in this house that the signing of the terms of surrender and acceptance of terms were signed.

For that it gets a feet shot:



But since the house is technically a renovation (though very exact and in the exact same spot) I figured I'd get one on the walkway to it as well to cover my bases:



Here's the reconstructed room with replicas of the decor and signing tables:







And an old depiction of the event:



They also restored the rest of the house:



And even the kitchen house and servant quarters buildings out back:



The surrounding views:





The little building in this shot was the village jail... it was an post-war structure, around 1870 or so, but they apparently felt that it'd be silly to destroy such a relic for being there too late:



The actual signing table in the museum gallery:



And some of the flags from the day's events:



This was the 3rd National flag of the Confederacy... it didn't get much use as it was approved the same year the war ended:



One of the CSA battleflags:



And just to remind folks whose footsteps they were walking in they put up some pictures:



Down the road you could step in them again:





Lee's final headquarters was a bit more stirring, though also without any real sign that he'd been there other than the markers:





This spot deserves a feet shot too:



Right here:



Right there...



Though not technically "the" end of the war... it certainly was the death knell for the Confederacy.

Pretty amazing to be at Fort Sumter... then stand where Lee accepted to lead Confederate troops in Richmond... and then stand where he realized he was cornered and defeated... and to stand where he formally surrendered.

Hell of a trip so far!

Stay tuned for more updates!

Road Trip Update: Capitol Square, Richmond, VA

(Note: Click any of the images below to make them larger)

Got off to a much later start today due to some morning dizzy spells and what not. Ugh... but I did at least make it to my next destination, though just a wee bit later than planned:

Capitol Square in Richmond, Virginia:



That's Washington on top, surrounded by various Virginian notables, including George Mason, Patrick Henry, John Marshall, and so on...



Can't forget the statues of Confederate heroes though. This one is "Stonewall" Jackson:



It was generally a gorgeous day... roughly upper 60s to low 70s while I was there...



The Capitol Building... the center portion is what remains of the original State Capitol Building designed in part by Thomas Jefferson and constructed during his lifetime:



He wanted something that would be reminiscent of the ancient buildings of Europe... a "temple on the hill" in Richmond. I think they pulled it off:



In front of the steps is the Great Seal of Virginia with the familiar Latin slogan, "Thus Always To Tyrants" and with a personified Virtue standing on a defeated Tyranny. Though commonly known as the phrase Booth hollered upon shooting Lincoln, the Seal included it from the early days of Virginia's statehood... designed by one of the signers of the Declaration of Independence:



Here's a series of photos from portico looking out over Richmond...



And here's my feet... which by now you know means somebody was standing here, and like a nerd, I wanted to stand there too:



Who was it this time?



Eisenhower and Churchill!



I love it when they let you know who's footsteps you're walking in.



The Capitol Building was just renovated with a new below ground entrance for visitors and nerds:



A nice depiction of the Capitol Building way back when:



The rotunda:



The light gave the statue of Washington a bit of an eerie glow:



But no where near as eerie as my flash made Madison's bust look (beware: Zombie Madison will federalize your brains!)...



Another bust of Marshall



The old House Chambers:



Other side:



You might be wondering who the man in the middle might be:



Wow. Just wow. In the footsteps of history.

This room has seen the likes of all sorts of major figures of history...



And what Southern landmark wouldn't be complete without a bust of Jefferson Davis?



The Jefferson Room had some of the early models of the Capitol Building...



And a copy of the Declaration of Independence (though I'd imagine this is some sort of copy or replica):



Closer view:



There'd be more pictures here but my camera died and I was nearly out of memory card space... a damn shame.

I grabbed some new batteries later though and got a couple shots of the sunset crushing my hope of reaching Appomattox in time...



Oh well... sometimes it can be worth it to run late. Sunset over the middle of Virginia in Autumn was quite a treat...



Stay tuned for more updates in the next couple days.


Meanwhile you can catch the previous Road Trip Updates below:

Charleston Harbor on Veterans Day

Smoky Mountain National Park

Road Trip Update: Charleston Harbor

(Note: Click any of the images below to make them larger)

What better way to spend Veteran's Day than in Charleston... a city with a rich military history dating back to our Revolutionary roots! While exploring the harbor I saw dozens of both current and former military in their various uniforms or hats/shirts/etc noting their service. I spent the day visiting the forts of the harbor.

Once again getting an early start, "by the dawn's early light" if you will:



Which soon became a blinding light as I headed straight for the sunrise:



In spite of some minor ocular damage I made it to Liberty Square, home of the Ft. Sumter Monument and the Charleston Aquarium:



It was nice to see they had the right flag waving:



That's not meant to be a cheap shot. The State of Alabama was still a bit confused earlier this year. I didn't have the heart to correct them (especially while driving around with my "Land of Lincoln" plates):



Back to Charleston...

Palm Trees! I feel like I'm officially on vacation now:



The Arthur Ravenel, Jr. Bridge, which according to wikipedia is "the longest cable-stayed bridge in the Western Hemisphere" and just dern impressive you ask me!



This big-ass cargo ship seemed almost too big as it went by...



But it cleared the bridge by a mile... that bridge is huge!



At the Fort Sumter Museum...

This one is for my Boston Buddy... the infamous caning of a Massachusetts liberal by a South Carolina conservative!



It wasn't too long ago that a poster gave credit to Christianity for the civil rights movement. It made me wonder at the time if he'd give it equal credit for justifying slavery and segregation back in the day. This part of the Ft. Sumter exhibit mentioned the religious and "natural law" arguments of the antebellum United States.



A fairly short ferry boat trip to Ft. Sumter... Charleston Harbor is amazing, by the way... and soon the distant blur starts coming into focus:



Most of the original Ft. Sumter looks a lot like this:



And this:



With some of the old "toys" strewn about:



And the usual dedications:



The fort was used after the Civil War and on up through WWII though, with a large dug-in battery installed at the center, known as Battery Huger:





A view from one of the old towers of Battery Huger:



Also on the island is a flag-based tribute to the fort's history. A collection of the flags that have flown over it and now fly over it today:







It was more than a bit eerie to walk around where the Civil War began. Not just because of the immense historical significance but also the human element. Imagine barricading yourself behind these thick brick walls... that are soon to be pelted with literally tons of cannon and artillery fire from both land and sea.

The long narrow entrances seem more like a tomb than an entryway:



Once inside and at your station, your window to the outside and angry world is around the edges of your cannon:



Behind a shadowy porthole, you await the enemy's barrage of projectiles... or in this case, second-hand smoke:



Inside the fort's island museum they had flags on display that had flown over the fort...

This was the union flag, but I had to attempt another panorama shot to get it all... it was both huge and there wasn't any room for me to back up to get it all in one or even two shots:



They frowned upon flash photography so I wasn't able to get a very good shot of the South Carolina militia flag that few over the fort upon its seizure:



All in all, well worth the twenty bucks I spent on the boat ride, and a couple trinkets.

On the way back I got a good look at the USS Yorkshire, an aircraft carrier turned into a museum at Patriot's Point:



Got another view of the Arthur Ravenel, Jr. Bridge too:



But nothing beats the view of the bridge through my dirty/dusty road-trip coated windshield while crossing it:



On to Ft. Moultrie, a fort who's history stretches from the Revolutionary War on through World War II:



Out in the distance is Ft. Sumter (the forts could be used to establish a cross fire against enemy ships attempting to enter the harbor):



All sorts of artillery are set up for viewing:



The monument tries to encompass as much as possible of the long history of the fort, so old guns...



...and newer guns... are on display (yeah, I want one of these):



Also some recreations, such as a powder keg magazine (no smoking):



And WWII era offices, restored to how they might have looked in that era:



Map room:



And radio room:



Afterwards I decided to take a stroll down to the beach... it was t-shirt weather by this point in the day, and I was elated to have driven until I ran out of road again.

On the way there, this little view over Ft. Moultrie struck me: Guns, God, and Glory...



The view from the beach:

Towards Charleston Harbor to the right:



Ft. Sumter out straight ahead:



And the Atlantic Ocean to the left:



One hell of a road trip so far.

One hell of a way to spend Veteran's Day.

A big thanks to all who served. Hopefully today's battlefields will soon be turned into solemn reminders to the next generation so that they may not have to repeat the ugliest side of history.

Now it's time for some VA pills and a long-ass nap...

RoadTrip Update: Smokys!

(Note: Click any of the images below to make them larger)

I got there early, just before sunrise (the Smokys look especially smoky at dawn):





And it was well worth it when sunrise hit:





The wide views are great, but the details in the middle were also wonderful:





The view from Newfound Gap was spectacular as well:





And so are my feet, standing here! (what?):



I'm standing on the first level of this, see? What still not excited?



That spot is nifty, dammit! See, these people think so:



Of course it's not so impressive with me standing there, but hey, it's kind of cool to stand where FDR stood, even if his bastardization of the Constitution drives me up the wall:



Okay, fine! Back to the view from there:





Clingman's Dome, the tallest mountain in the Smokys had one heck of a view as well. Apparently people felt the trees obstructed it too much so they put this monstrosity on top:



I'd complain, but wow:









I didn't hike it, but I at least can say I walked a bit on it:



Did I mention it was cold up there? A bit, well, icy?



I shouldn't have been standing under these, they were nearly as tall as I am:



I tried to make a panoramic shot of this area... but it came out kind of ghetto:



Coming up next: Adventures in South Carolina



Stay tuned!

Despicable

A fellow on IRC today attempted to show how evil Bush is by posting a link to the following picture as part of some sort of gut wrenching "...and all I got was this lousy t-shirt" joke:



After all what's wrong with a good laugh at the expense of our severely wounded veterans as long as it is intended to bash Bush?

As it turns out this photo was taken while Bush was visiting wounded soldiers at Brooke Army Medical Center in San Antonio, Texas. I thought it was strange that he'd be awarding that soldier a t-shirt as opposed to medals. Had Bush's press staff allowed him to pose for a photograph that could be used to make fun of this soldier's plight to spite Bush?

The answer is no.

The truth is that the soldier in that photograph was giving Bush the t-shirt.

MSNBC used the picture, in context, and explained what was going on there that day.

That just doesn't convey the evil horrible person that Bush is for some people though. The facts do not fit their reality.

So instead we now have bloggers using various photos of the event to manufacture some of the most despicable propaganda, with absolutely no care or regard, and in some cases outright contempt for those they are using for their depraved humor.

The worst offender I found:

It's hard to comprehend the amount of hate one has to possess to actually name pictures of severely wounded soldiers as "ew_gross.jpg," "dont_make_me_look.jpg," and "nice_acne.jpg."

Hopefully others can use a bit more common sense and find at least some shred of humanity when tempering their criticisms of Bush with at least some sense of decency and respect for others.

Now if you'll have to excuse me, I need to go throw up.

Road Trip!

I've been trying to pull this off for a while now... but things keep popping up.

Last night I made it onto the interstate... only for disaster to strike a good friend.



Okay, it's not as bad as all that. Got to help out a friend before I head out on my own selfish endeavors. Balancing the karma I guess.

Less than a 24 hour delay this time. Stay tuned for travel pics and updates from my sabbatical nerd trip!

McCain and McConversations in Downtown

Hat tip to Illini Pundit:

I was surprised to read on Real Clear Politics this morning that John McCain has passed Fred Thompson to move into second place in the Real Clear Politics polling averages.

Looks like all the "anything but Rudy" folks gave a slight boost to some of the other candidates as Thompson's support has begun to dwindle over his lack of gusto and perceived motivation.

The good news to me is that McCain is back in 2nd place, though I still think his immigration reform baggage will keep him out of the convention. But it's still early... -ish.

What's really throwing me off is my Dad, a liberal, is contemplating voting for Giuliani or Romney due to the Democratic Party slate going too extreme. I tried to swing him over to McCain, but between his experience with having McCain as a Senator years ago and my own reservations and doubts about McCain's platform I don't think that's a battle I could win. Between Giuliani and Romney the choice is far too muddled to determine a clear lesser evil for me.

Made for some interesting discussion though over a Jupiter's pepperoni and sausage pizza (*drool*) and of course some chain smoking and whiskey with the King and Queen of Memphis, and a libertarian leaning rescue dog trainer lady who could probably teach all of us dogs to sit up and beg.

Arf!

Another interesting topic of discussion, as always, was the smoking ban. Colorado has a statewide ban in public places with few exceptions and a 25 foot rule. Dad's used to that. The last time my Dad was in town the smoking ban here was still in effect for bars and he assumed that it was still going on since we were at non-smoking bar for the pizza. There's a word for the joy in learning we could choose to patronize one place for the pizza and stroll down the block to patronize a smoking establishment... you could see it in his demeanor.

That word is "liberty."

It's a good feeling. Even with the most trivial of things.

No Business Like Show Business

The Paul Campaign is riding high on the headlines over their 24 hour internet fundraising achievement. This UK rag probably had the most interesting description of the events:

Ron Paul uses Guy Fawkes to fire up campaign and raise $4.3m in a day

Guy Fawkes, a 17th-century English mercenary and terrorist who tried to blow up the Houses of Parliament, is an unlikely figurehead for a US Republican presidential candidate.

But Ron Paul is neither a run-of-the-mill Republican nor a typical presidential aspirant.

His supporters announced yesterday that they had smashed Republican fundraising records by hauling in a total of $4.3 million (£2 million) for his campaign from more than 37,000 donors over the previous 24 hours.

And they did it online, through the website ThisNovember5th.com, where Mr Paul’s speeches have been mashed up with clips of the film V for Vendetta, in which a sinister – but ultimately heroic – terrorist modelled on Fawkes destroys a fascist government in Britain. “Remember, remember, the fifth of November” is moved from British nursery rhyme to a campaign slogan in America.

This was a pretty impressive operation by the Paul campaign to get some positive press coverage and attempt to show some viability. The spammers, flooders, and agitators were out in full force that day trying to get everyone and their mother to click on links to the donation page on his website. The result was motivating a lot of people who already supported Paul to get off their duffs and donate, but it didn't seem to win over any new supporters and may have in fact only solidified prior negative impressions.

The positive media coverage after the fact appeared to be the bigger goal, and in that sense it was a bigger success. It still seems very doubtful to me that his support on the net will translate into enough votes at the polls for him to seriously challenge the other front runners. But since the bulk of his support supposedly comes from those with no access to traditional polling methods it looks like we'll have to wait for the primaries to see if the hype comes close to reality.

His internet support is impressively large, which gives him an edge in the on-line polling... the same large group of supporters is kept up to date on every poll and "show of support" that is available and they can jump from one to another. Whereas the typical on-line poll taker gets directed there because he/she was actually viewing the media source to begin with and is far less likely to be part of the polls of other media outlets day after day.

Ultimately you end up with polls that combine the perspective of viewers of a particular show/channel/etc with the perspective of thousands of Paul supporters who found out about the poll through their internet resources. Knowing how much support Paul actually has anywhere but the internet is difficult to impossible to determine because of these tactics. A poll of a few thousand viewers might include a great number of Paul supporting viewers, or hardly any at all. But how can one differentiate between them and thousand poll hoppers who get involved in it as well? You just can't.

It's a great way to show broad support, even if it doesn't exist. Unfortunately the only way to tell if it really exists is when the actual voting begins and the only polls that really count are counted. To the Paul campaign's credit, the show of broad support, whether accurate or not, may help to get others to consider him instead of dismissing him out of hand. In the end the show of broad support seems highly likely to remain just that, a show.

ShocksNews

In the never ending pursuit of controversy and shocking stories in order to capture the attention of viewers and related ad revenue, sometimes the news media just goes to far.

Just again yesterday I was talking to someone who was outraged and shocked that the VA was banning the traditional flag-folding recitation at military funerals because some evil secularist complained about the religious and specifically Christian themed lines.

Yet another link in the long chain of abuses of those damned ACLU types trying to ban Christianity from our nation no matter who it harms!

He heard it on FoxNews... so it must be true:

Furor After Ceremonial Flag-Folding Readings Pulled From Military Funerals

A group of congressmen has asked the Department of Veterans Affairs to retain the tradition of reciting the significance of each fold in the flag-folding ceremony at military funerals.

"The flag folding recitation is a longstanding tradition which brings comfort to the living and honor to the deceased," Rep. Heath Shuler, D-N.C., writes in his letter Tuesday signed by 11 other congressmen. "The recitations accompanying each fold pay tribute to the service and sacrifice of our veterans and their families, the nation they proudly serve, and the beliefs that they hold dear."

Veterans Affairs has a policy that allows for a full military funeral, which includes the playing of taps and the folding of the flag in respectful silence. Upon request, family can have honor guard read special recitations, which include religious symbolism.

A complaint was filed to the White House after one of those recitations was read incorrectly. Steve L. Muro, the director of the National Cemetery Administration's field programs office, ordered cemetery directors to stop the readings.

The article continues on to make it clear that there is a "ban" and the readings have been "stopped" and that people are demanding that the VA allow families to continue to request the recitation, and even some implication that it has been criminalized:

"There are no federal laws related to the flag that assign any special meaning to the
individual folds of the flag," Muro wrote in a memo obtained by FOXNews.com. "The National Cemetery Administration must not give meaning, or appear to give meaning to the folds of the flag by endorsing or distributing any handouts on 'The Meaning of Each Fold of an Honor Guard Funeral Flag."

The stopping of the recitations has caused a furor among veterans. Members of the American Legion have been flooding national headquarters since the decision, according to Ramona Joyce, an organization spokeswoman.

...

A complaint about the recitation for the 11th fold — "in the eyes of a Hebrew citizen, represents the lower portion of the seal of King David and King Solomon, and glorifies, in their eyes, the God of Abraham, Issac and Jacob" — garnered a complaint and prompted the ban.

The Sept. 27 ban was an effort to create uniform services throughout the military graveyard system, spokesman Mike Nacincik said, adding the 13-fold recital is not part of the U.S. Flag Code and is not government-approved.

"We definitely think it is a matter left up to the families," Joyce said. "It's a nice ceremony; we've been doing it for years. Our honor guards have been doing it," she said.

"It's respectful and it's something the family should be able to choose to have done if they so wish for their veteran," Joyce continued.

Lloyd thinks it's a matter of political correctness gone wild.

"The entirety of this issue is an absurdity that shows political correctness and secular cleansing run amok," Lloyd said. "This is about families of deceased veterans putting to rest their loved ones. No one should interfere with their choices."

...

"This is nuts," Waters told the Press-Enterprise by telephone from Fresno. "There are 26 million veterans in this country and they're not going to take us all to prison."

...

Rabbi Yitzhak Miller of Temple Beth El said he understands the ban.

...

"Please reconsider the policy and allow the Memorial Honor Detail volunteers to perform the traditional flag-folding recitation if requested by the family of the deceased," he wrote.

Lloyd said the honor guard would decide whether to defy the ban next Tuesday, when it will serve at more military funerals.

"We are going to abide by the wishes of the families," Lloyd said. "Not some bureaucrat in Washington, D.C. Period."

Shocking! Horrible! Off with their heads!!!

Problem: None of this is accurate.

The memo did not ban the recitation from being performed. It made clear that the recitation should only be done upon the request of the family. Not automatically done whether the family wants it or not. A copy of the original memo is here.

The VA clarified further after the rumors started flying that the recitation was banned. Their clarification is linked to their website's front page and available here.

So what changed?

Families can still request the recitation. That's clear from both the memo and the clarification.

Honor Guards can still perform the recitation per the family's request. That's clear from both the memo and the clarification.

The big change? The VA employees who were erroneously performing the recitation automatically and distributing materials about it have been informed that decision is up to the families of the veterans. Not them. As it was supposed to be before this memo according to the law.

Shocking? Not really.

But the distortion of the truth sells better than the truth these days. And who cares if we upset the veterans all across the nation even if it is just to make a buck.

Shameful.

Jesus Made In China

Just when you thought it couldn't get any worse:

Talking Jesus Doll Stirs Debate

Figure To Test How Religion, Retail Mix

POSTED: 8:52 pm PDT November 2, 2007

Controversy is swirling over a foot-long, talking Jesus doll that Wal-Mart has put up for sale at more than 400 of its stores in at least 20 states, including some in the Valley.

It's the first time the world's largest retailer has carried a full line of religious toys.

The battery-powered, button-activated doll is able to recite a handful of different bible verses and the story of Jesus feeding the multitudes with five loaves and two fish. It also comes with a booklet giving parents tips on how to shape a child's faith.

Not everyone is lining up to shell out $14.97 for the made-in-China plaything.

That's right, God has been outsourced to China. I'm half tempted to try and contact their technical support personnel to see if I reach a fellow in India. Heck, maybe it'll help with understanding other cultures during a moment when you're about to chuck Jesus in the wastebasket.

Wanted: Mean, Fast Cooter

This was just too good not to pass along (Hat Tip to Prairie Biker):

Cooter crisis in Citrus County

....

City officials say they've been inadvertently using the wrong kind of cooter in one of its biggest events.

It's a cooter crisis.

...

"Cooters," she said. "They all look the same. So I had no idea that there was a difference."

...

Oh, but there is. Red eared cooters, also called red-ear sliders, are native to much of the southeast. But not to Florida.

Florida cooters are yellow-bellied turtles...

So that leads to the logical question: How can you find a fast cooter?

...

"I picked the meanest cooter actually out of the entire pool," said Shivella Rogers, who won the first Cooter Cup. "So the first cooter that looked like it was going to bite me was the cooter I picked."

...

The Cooter Festival runs all weekend in Inverness. The cooter races begin Saturday at noon, with a race every hour until 5 p.m.

And from "the rules":

• Yelling at your cooter is acceptable
• Touching your cooter is not

Here's the story in context: Cooter crisis in Citrus County