Everyday Erinyes #292

 Posted by at 11:34 am  Politics
Nov 142021
 

Experts in autocracies have pointed out that it is, unfortunately, easy to slip into normalizing the tyrant, hence it is important to hang on to outrage. These incidents which seem to call for the efforts of the Greek Furies (Erinyes) to come and deal with them will, I hope, help with that. As a reminder, though no one really knows how many there were supposed to be, the three names we have are Alecto, Megaera, and Tisiphone. These roughly translate as “unceasing,” “grudging,” and “vengeful destruction.”

I am not a professional historian, or even all that much of an amateir one, but I have, over the years, picked up bits and pieces. And I’m pretty sure there was a time in England – probably before the Civil War (theirs, not ours), when being “armigerous” was absolutely connected to a title or deed of nobility – that if you were a knight, or a baron (viscount,earl, marquis, or duke – or a royal), you had the right to “bear arms” in public – and if you weren’t, you didn’t. I actually hope the “originalists” on the bench never get hold of this. Because if they wanted to argue that the point of the Bill of Rights was to give everyone rights (including those rights only the nobility previously had), I for one could certainly not argue against that.
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Why are medieval weapons laws at the center of a US Supreme Court case?

A gun rights advocate walks through the rotunda of the Kentucky Capitol. Some lawyers argue that the 1689 English Bill of Rights created the legal basis for public carry of weapons in the U.S.
Bryan Woolston/Getty Images

Jennifer Tucker, Wesleyan University

In the opening scene of “The Last Duel,” the new film set in 14th-century France, a herald announces the rules for conduct at a tournament to the death. He declares that no members of the public – whatever their social background – are allowed to bring weapons to the event.

This scene might seem far removed from 21st-century America. But medieval weapons laws – including a 1328 English statute prohibiting the public carry of edged weapons without royal permission – are at the center of dueling legal opinions in a case now before the U.S. Supreme Court, New York State Rifle and Pistol Association v. Bruen.

The plaintiffs are challenging New York’s “proper cause” gun law, which tightly restricts public carry of firearms. If they win, similar laws in several other states will be called into question. That means that concealed carry licensing laws could be broadly liberalized for millions of Americans currently living in those more restrictive jurisdictions.

Few people realize how big a role history has played in the battle over gun rights – the topic of a 2019 collection of essays, “A Right to Bear Arms? The Contested Role of History in Contemporary Debates on the Second Amendment,” that I co-edited with Smithsonian Museum of American History curators Barton Hacker and Margaret Vining.

The book explores how courts in the United States have turned to history for instruction in how guns should be treated – decrees, laws and interpretations of the past that are at the forefront of the case before the Supreme Court today.

Scalia points to the English Bill of Rights

The United States legal system grew out of the English legal tradition. This connection – which is often referenced by originalists – is crucial to making sense of the arguments around gun rights in America today.

Originalism is a legal philosophy that attempts to interpret legal texts, including the Constitution, based on what lawyers think is their original meaning.

An important victory for gun rights advocates took place in District of Columbia v. Heller. In that 2008 decision, the Supreme Court for the first time ruled that the Second Amendment protects an individual right to possess a firearm for personal self-defense in the home.

Majestic white courthouse with columns.
New York State Rifle and Pistol Association v. Bruen is the most significant gun rights case before the Supreme Court since 2008.
Ron Watts/The Image Bank via Getty Images

Justice Antonin Scalia, author of the 5-4 majority Heller opinion, claimed that there was a long tradition of the English state’s granting freedom to possess weapons dating back to the 1689 English Bill of Rights, which includes a clause that reads “the subjects which are Protestant may have arms for their defence suitable to their conditions and as allowed by law.”

Scalia’s argument relied heavily on the work of historian Joyce Malcolm, the author of “To Keep and Bear Arms: The Origins of an Anglo-American Right” and a Second Amendment scholar at the Antonin Scalia Law School at George Mason University. Malcolm and lawyers who support the expansion of gun rights argue that this clause created the legal basis for having weapons for personal self-defense in Colonial America.

Having prevailed in Heller, gun rights activists are seeking the liberalization of restrictions on public carrying of guns outside the home. In the New York case, some lawyers and other parties are now arguing that medieval statutes restricted only public carry that “terrified” the public, and that such statutes were never actually enforced to prevent “normal” public carry.

Historians object

However, most scholars of English and American history vigorously dispute the accuracy of this claim. In fact, since the Heller decision, the history of firearms regulation in England and the U.S. has been the focus of what Fordham University law professor Saul Cornell has called an “explosion of empirical research.”

Many of these findings appear in an amicus brief presented to the Court in New York State Rifle and Pistol Association v. Bruen.

Signed by 17 professors of law, English history and American history – including me – the brief demonstrates through a review of historical evidence that “neither English nor American history supports a broad Second Amendment right to carry firearms or other dangerous weapons in public based on a generic interest in self-defense.”

It highlights 700 years of trans-Atlantic weapons regulations, from the English tradition of restricting public carry through the American tradition of doing the same.

The brief makes clear that limitations on the public carry of dangerous weapons, including firearms, are a centuries-old legal and cultural norm.

Early royal proclamations dating as far back as the 13th century regularly prohibited going armed in public without special permission. In 1328, the Statute of Northampton banned the public carry of swords and daggers, open or concealed – this was before the invention of firearms – without express permission from the authorities.

As legal scholar and historian Geoffrey Robertson, an expert on the English Bill of Rights, put it: “There was never any absolute ‘right’ to carry guns. As the Bill of Rights (1689) made clear, this was only ‘as allowed by law.’”

Two pistols.
A pair of flintlock pistols that were common in 17th-century England.
Heritage Art/Heritage Images via Getty Images

An American tradition of limiting public carry

The English tradition of broad public carry restrictions continued across the Atlantic into the Colonies.

During periods of heightened risk of attack, some Colonies required certain individuals to carry guns to church or when working in fields away from fortified or populated areas. However, this obligation was not understood as establishing a right to carry firearms in public.

After the American Revolution, states continued to adopt regulations echoing the Statute of Northampton. Recent scholarship has uncovered that early-to-mid-19th-century firearms regulations varied considerably by jurisdiction and geography, but 19 states had restrictions for public carry on the books.

After the Civil War, as the lethality of firearms increased exponentially through technological advances, municipalities and states like Texas imposed even broader public carry prohibitions.

By 1900, there was a legal consensus that states and localities generally had the authority to limit public carry. While the American approach to public carry restriction was fluid – varying across time and jurisdiction based on social and political changes – there is a consistent history and tradition of many American Colonies, states, territories and municipalities imposing broad prohibitions on carrying dangerous weapons in public, particularly without a specific need for self-defense.

An invented tradition?

So how did a 1689 English Bill of Rights that never gave any absolute right to carry guns turn into a key justification for that very right in the U.S.?

Patrick Charles, the author of the 2019 book “Armed in America: A History of Gun Rights from Colonial Militias to Concealed Carry,” argues that pro-gun advocates have selectively interpreted the historical record to justify a personal right to possess and carry weapons in public.

Essentially, they invented a tradition.

[Over 115,000 readers rely on The Conversation’s newsletter to understand the world. Sign up today.]

“Invented traditions,” a concept highlighted in the 1983 book “The Invention of Tradition,” which was edited by historians Eric Hobsbawm and Terence Ranger, are cultural practices that are thought to have emerged from long ago but actually are grounded in a much more recent past. A classic example is the Scottish tartan kilt, once believed to derive from the ancient garb of the Scottish Highlanders but actually invented in the 18th century by an Englishman.

The “individual right” to carry firearms in public seems to be another.The Conversation

Jennifer Tucker, Associate Professor of History and Science in Society, Wesleyan University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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Alecto, Megaera, and Tisiphone, fortunately, the history is far more complicated than my picked-up bits and pieces would suggest. Even so, I personally would want to pay more attention to the beliefs of (now long retired) Justice Stevens, I believe it was, who recommended that the Second Amendment be abolished on account of the enormous increase in destructiveness of weapons developed since the Amendment was written. Of course, I don’t see that ever happening. But then, I don’t see universal love for each other ever happening either, and that doesn’t prevent me from supporting it.

The Furies and I will be back.

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Nov 022021
 

Glenn Kirschner – Email From Trump Team Lawyer John Eastman Further Proves Conspiracy to Overturn Election Results

Thom Hartmann – Why FDR Didn’t Expose The Business Man Coup SUCH a difference between Butler and Flynn!

Ring of Fire – Fox Host Gets Death Threats After Encouraging Audience To Get Vaccinated

Rebel HQ – Greg Abbott Reveals His Sick & Twisted Plan For Immigrants (Watch sitting down so you don’t get dizzy from the spin.)

Armageddon Update – They Aren’t Victims, They’re DEAD!

Yes, this is a commercial for Doritos – and yes, it has people grabbing hankies.
Nunca Es Tarde Para Ser Quien Eres (It’s never too late to be who you are)
VERY rough transcript translation: Grandma – My brother, how I miss you!
Family – gasps in surprise to see Albert
Albert – My family, how are you doing?
Father – Who is he?
Albert – He is Mario – my wunderful partner.
Grandma – It’s a miracle! I was afraid you would be alone forever!

Beau – Let’s talk about a Sputnik moment and it not being one….

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Oct 062021
 

Glenn Kirschner – House Select Committee Promises to Enforce its Subpoenas w/Criminal Contempt. Here’s How That’s Done

The Lincoln Project – Last Week In The Republican Party…

VoteVets – Retired Air Force Internal Medicine Physician Urges Everyone To Get Vaccinated

Robert Reich – The Democrats’ One Chance to Cut Child Poverty in Half

Really American – 50% of Trump Supporters Would Back Civil War

Mother Cat Secretly Looked After Kittens Whom She Hid In The House

Beau – Let’s talk about the difference between the parties and Trump’s legacy….

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Sep 212021
 

Glenn Kirschner – More Indictments Coming From NY DA Vance, Per Today’s Hearing in Weisselberg/Trump Org. Court Case

The Lincoln Project – Brian Kemp Laugh Track

politicsrus – Afghanistan Truth HD

RepresentUs – The Freedom to Vote Act Summary and Explanation. This is not the JohnLewis Act – it is the one which originates in the Senate … and therefore has a chance of passing. And it’s likely the best we are going to get. Ask yourself would we be better off with it or without it before picking at what it doesn’t do.

Robert Reich – 10 Years Since Occupy – What Did We Learn?

Armageddon Update – 9-11: We Forgot to Never Forget

Founders Sing – Here They Come Again

Beau – Let’s talk about Biden, mistakes, and the 1950s…. I rest my case (I’m blue in the face from repeating it myself, though nit as well as this presentation.)

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Sep 072021
 

Yesterday, I piddled around with a bunch of small household tasks. Can’t say as I really accomplished much, but sometimes getting a bunch of little stuff out of the way does feel like accomplishment.

Cartoon – Incidentally, I own a framed copy of the print made from this rendition by Bryan Moon of that occasion.  I love his work.

Short Takes –

Crooks and Liars – Pathetic Arizona Manbabies Cosplay Gomer Pyle At Elementary School
Quote – Now, I could write a normal article, citing The Washington Post and Daily Beast, outlining the absurd and outrageous details of this dangerous nonsense. Frankly, these three don’t deserve the national attention or my resultant rise in blood pressure. Instead, I shall vent my spleen, and open a good, old-fashioned can of Brooklyn whoop-ass on them, as god and my DNA intended.
In case you missed this, click through. The principal is physically fine, as is the other staff member, but both were naturally terrified. Since, she has received so much support from the community, she can’t talk about it without tearing up with gratitude

CNN (H/T Carrie B) – Like Washington and Jefferson, he championed liberty. Unlike the founders, he freed his slaves
Quote – It was 230 years ago Sunday that Robert Carter III, the patriarch of one of the wealthiest families in Virginia, quietly walked into a Northumberland County courthouse and delivered an airtight legal document announcing his intention to free, or manumit, more than 500 slaves. He titled it the “deed of gift.” It was, by far, experts say, the largest liberation of Black people before President Abraham Lincoln signed the District of Columbia Emancipation Act and Emancipation Proclamation more than seven decades later.
Click through for the full (and virtually unknown) story. It deserves to be known far and wide. (Without going into detail, it appears possible that Carter Burwell, composer of the music for many films, especially Coen Brothers films, is a descendant.)

Common Dreams – House Dems Introduce Bill to Lower Medicare Age to 60
Quote – Researchers have found that there is a massive increase in the diagnosis of cancer among Americans who reach the age of 65 that could have been detected much earlier if they had access to Medicare.
Click through for some whats, whos, and whys. If we have to do it five years at a time, then that’s the way we will have to do it.

Food for Thought (Good news for mw) –

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Sep 062021
 

Glenn Kirschner – WAPO Cites Kevin McCarthy’s “Downward Spiral” Culminating in Obstructing Congressional Investigation

Now This News – Remembering the Founder of the Black Panthers

Thom Hartmann – Abortion: Is the Texas GOP the Dog that Caught the Car? (We can hope he’s right – but I personally doubt it.)

Rob Rogers – Exit Strategy

Cat Keeps Stealing Things From The Neighbors

Beau – Let’s talk about a message to Australia from Florida Man….

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Aug 312021
 

Glenn Kirschner – 3 Judicial Fixes: Increase Justices; Accelerated Docket for Inter-Branch Disputes; Court Watching. I do think maybe if we increase the number of Federal Judges in the Districys and in Appeals,we might have a better chance of getting consensus on increasing the Supreme Court as well. Maybe not … but it couldn’e hurt.

Don Winslow Films – #KevinMcCarthyScandal

Now This News – Jen Psaki on U.S-Made Weapons Falling Into Hands of Taliban. She has a lot more patience than I have.

Really American – Rand Paul Pushes Horse Medication

Liberal Redneck – Ivermectin (I know – not in accordance with medical ethics – but so tempting!)

Thomas Benjamin Wild Esq – Stop Being An Arsehole (Live At Bedfringe)

Beau – Let’s talk about learning from history….

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Aug 272021
 

Yesterday, I got my grocery deliviery and managed to get it all put away – not just the perishables. They were out of some things, but they didn’t attempt to substitute, for which I am most grateful. And i won’t run low on anything they didn’t have – I was ordering ahead.While I was in the living room waitig at the laptop, I decided to start going through TC’s old cartoons for September, and I found about 2/3 of the are usable. The ones which, for one reason or another, aren’t, I went theough a history site and found events to use to make new ones (a few days I am spoiled for choice.) That is quite a relief actually – getting that done, I mean. It was unbelievably humid here – for a while I thought I was back in the tropics. But it stared raining and cooled down. i wish that meant we were not in drought conditions, but alas, it doesn’t.

Cartoon –

Short Takes –

I normally feature a video clip daily by “Beau of the Fifth Column,” and I have one today. It’s factual, and timely, and good information. But I also wanted to share a second one, and decided to do so here. This one is also relevant and factual, but it also pokes well deserved fun at MAGAts, anti-vaxxers, who don’t liev in really rural areas – I’m afraid it cracked me up.
Click through to watch.

Wonkette – Massachusetts Schoolchildren Saw Goody Johnson … Wait, No, They’re Calling For Her Pardon
Quote – Elizabeth Johnson Jr. was 22 when she was among those convicted of being in league with the devil and sentenced to death. She was never executed, but her conviction for being a witch remains on the books in Massachusetts. More than 300 years later, an eighth-grade civics class and a state senator are trying to do right by Johnson and finally get her an official exoneration. Of the 30 people convicted of witchcraft, Johnson is the only one the state of Massachusetts still legally classifies as a convicted felon and a witch.
Click through for the story It always makes me happy when a school class or group takes on an injustice.I realize not all the kids are all right, but many more are than not, and the experience of this accomplishment is a wonderful thing for them to have to prepare for the responsibilities of adult citizenship.

Democratic Underground – David Rothkopf: The reality of what we’re getting from our government right now.
I’m going to quote heavily from this because it’s from an (unrolled) Twitter thread, which makes it hard to see how heavy quoting would violate copyright. And also because the vastness of what it covers is such a big part of the message. But I cant quote it all. So you may still want to cleck through.
Quote – Right now, the administration is conducting a massive operation in Kabul that has resulted in the evacuation of 50,000 people in eight days. It is also overseeing a life and death battle against COVID that has already resulted in over 200,000,000 Americans receiving the vaccine.

It is also in the midst of negotiations in support of the passage of a vitally needed $1 trillion infrastructure bill, the biggest the US has passed in decades. It is also, at the same time on Capitol Hill involved in negotiations to pass a $3.5 trillion budget package. Taken together these two congressional initiatives would lead to the biggest investment America has made in itself and in projects vital to our national security and well-being in more than half a century.

The Department of Justice is working on hundreds of cases related to the attempted coup against the United States government on January 6th while actively conducting programs to reduce the future risk of domestic violent extremism. DoJ has also made it a priority to combat a nationwide voter suppression campaign by the GOP and abuses in the country’s police departments. Elsewhere the government has mounted an unprecedented campaign to battle the climate crisis, its consequences and to undo widespread efforts to put our environment at risk. Part of the effort to get out of Afghanistan involves ramping up programs to help Afghans who aided us find refuge in our country–programs that were shut down, stopped cold, under the Trump Administration.

At the same time, the administration is also trying to undo the damage done by their predecessors at the southern border and the Vice President has been instrumentally involved in seeking to restore programs that would reduce migrant flows at their sources in Central America.

in addition, the administration has been appointing judges at a faster clip than its predecessors and doing so in way that is bringing unprecedented diversity to the nation’s courts after years of efforts by the opposition to pack those courts.

What is more it is not just doing all these things–all these big, complex, urgent, essential things–at once, but it is doing them against scorched earth opposition that does not care who dies, whether they tell truth or lies, or whether the national interest is protected.

Because you likely have never seen this kind of display of government management virtuosity before. It’s hard to see the big picture sometimes for all the headlines…but this is the reality of what we’re getting from our government right now.

Food for Thought –

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