March 06, 2012

The Essence of Original Intent [krakatoa]
— Open Blogger

U.S. District Judge Benson Everett Legg distills the concept into 2 short sentences.

“A citizen may not be required to offer a `good and substantial reason’ why he should be permitted to exercise his rights.

The right’s existence is all the reason he needs.”

Forget the specifics of the case on which he was ruling. They comprise an egregious attack upon the rights of a crime victim and worthy of public contempt, though it be but a spit into the collective wind breathed by Leftists who arrange our news, our views, and our societal conscience.

Their mores have so insinuated themselves into the fabric of our society that instances of clarity are rare.

And much more rare are those instances when clarity is unveiled so simply, yet so universally applicable.

“A citizen may not be required to offer a `good and substantial reason’ why he should be permitted to exercise his rights.

The right’s existence is all the reason he needs.”

(emphasis mine)

Posted by: Open Blogger at 06:32 AM | Comments (96)
Post contains 173 words, total size 1 kb.

1 small victories on a long retreat...

Posted by: SantaRosaStan at March 06, 2012 06:31 AM (UqKQV)

2 hmm someone should explain this simple concept to Judge Martin here in Pennsy

Posted by: BlackOrchid at March 06, 2012 06:31 AM (SB0V2)

3 Krakatoa, you don't post often enough.

Posted by: Mr. Dave at March 06, 2012 06:32 AM (OBDWE)

4 That was a compliment BTW.

Posted by: Mr. Dave at March 06, 2012 06:33 AM (OBDWE)

5 One bright shinning light in the dark sky....

Posted by: Anna Puma at March 06, 2012 06:33 AM (fUNph)

6 The rightÂ’s existence is all the reason he needs.

As long as they'll let the right exist in the first place.

Posted by: EC at March 06, 2012 06:35 AM (GQ8sn)

7 Ample birth-control cash is my right.

Posted by: Sandra "It's Supposed To Be That Sticky" Fluke at March 06, 2012 06:35 AM (FcR7P)

8 The 2nd Amendment is outdated and a danger to public safety. There are more important rights to protect, like the right to get an abortion and free birth control pills.

Posted by: Libutardius Reticuli at March 06, 2012 06:38 AM (HOcc1)

9 Someone's who's Presidentin' shouldn't have to provide good and substantial reasons for his arbitrary decisions. The RightÂ’s existence is all the reason he needs.

Posted by: Baraka O'Tranny at March 06, 2012 06:38 AM (FcR7P)

10 Agreed, until the Left began inventing rights and discovering them in penumbras.

Posted by: Lauren at March 06, 2012 06:39 AM (5MaiA)

11 ...or the right to know why - after you get out of the shower and trim your toenails, why do your fingers smell like toe cheese for the rest of the day?

Posted by: Libutardius Reticuli at March 06, 2012 06:40 AM (HOcc1)

12 Now this is an excellent point found in the comments of that article -

The Bishop

Religion is ALREADY licensed! It’s called “501(c)(3)”!


Posted by: Anna Puma at March 06, 2012 06:42 AM (fUNph)

13 Thanks Mr. Dave.

Posted by: krakatoa at March 06, 2012 06:43 AM (0DH4A)

14

Sadly refreshing to see a judge say that.

Posted by: Morseus at March 06, 2012 06:43 AM (WHiI/)

15 The left is fine with this. When they kill God, AKA "The Creator", Government will endow men with certain inalienable rights. And legislators and Executive orders will determine what those inalienable rights are.

This is a win for the left, camouflaged in a 2nd Amendment facade.

Posted by: Bob_B at March 06, 2012 06:45 AM (pVvkk)

16 esp. if he or she is an illegal immigrant and member in good standing of a Mexican drug cartel ... as amended by AG Holder.

Posted by: Jean at March 06, 2012 06:45 AM (WkuV6)

17
Just as we Occupier's always thought, we have a right to the excess money belonging to the producers who have screwed up this country,  and refuse to accept Utopian measures to make all members of the proletariat the same.

Posted by: Occupy Brattleboro, Vermont at March 06, 2012 06:45 AM (TkGkA)

18 This judge is obviously racist and wants to see minorities continue to suffer through the rampant scourge of uncontrolled guns allowed into the hands of privileged classes.

Posted by: firewithfire at March 06, 2012 06:47 AM (lcwvr)

19 Hi all still cheeking in.

On this score I said several days ago lets see how it rolls at the appellate.n

Posted by: Vic at March 06, 2012 06:47 AM (YdQQY)

20 Judge Benson Everett Legg -- Bush appointee

Posted by: Jean at March 06, 2012 06:48 AM (WkuV6)

21 The 2nd Amendment wasn't written so musket-toting dudes over 200 years ago could go deer hunting. 

Posted by: Diogenes at March 06, 2012 06:49 AM (AGZMI)

22 Fuck this weak shit.

Posted by: Sandy "Fluke" Sotomayor at March 06, 2012 06:49 AM (ykSKg)

23 Hi Vic.  Hope you and the Mrs are doing well.

Posted by: garrett at March 06, 2012 06:51 AM (nSYio)

24 We are so fluked.

Posted by: Ammo Dump at March 06, 2012 06:52 AM (WUWb9)

25 And much more rare are those instances when clarity is unveiled so simply, yet so universally applicable.

I still don't get it.

Posted by: Elena Kagan at March 06, 2012 06:52 AM (ykSKg)

26 This is the difference between citizens and subjects.  A citizen has the right to do whatever because fuck you that's why.  A subject has the right to do whatever the State permits. 

Posted by: alexthechick - SMOD 2012 at March 06, 2012 06:52 AM (VtjlW)

27 You don't need a license to go on some crazy jihad; but you do to carry a gun, to protect yourself from the former. 

Posted by: M1911 at March 06, 2012 06:52 AM (j/KPN)

28 And top of the mornin' to all you incoming Stormfronters & Sovereign Cits.

Posted by: Rex the Wonder God at March 06, 2012 06:53 AM (vahvH)

29 For those who might be interested, my vajaja also serves as a double car garage.

Posted by: Sandra Fluken at March 06, 2012 06:53 AM (WUWb9)

30 Wonderful VunderMutt is awake

Posted by: Anna Puma at March 06, 2012 06:54 AM (fUNph)

31 You actually want to exercise your rights? Why, that's just crazy talk.

Posted by: Mr Fever Head at March 06, 2012 06:54 AM (SzAZ7)

32  
   Patiently waiting to see in just which part of "keep and bear arms" hunting privileges are hiding.  Cannot count the # of times that has been attributed to be a Constitutional right.
















Posted by: irongrampa at March 06, 2012 06:54 AM (SAMxH)

33 We Americans rely upon the goodwill of our fellow man and the forbearance of reptiles.

Posted by: Fritz at March 06, 2012 06:57 AM (/ZZCn)

34 Notice how the right can express the truth in a few words.

Bullshit requires a lot more "nuance."


Posted by: Dang at March 06, 2012 06:57 AM (BbX1b)

35 The Left thinks the 2nd Amendment should be in the Bill of Privileges. It's on the back side of the Bill of Rights, in pencil.

Posted by: eman at March 06, 2012 06:59 AM (qOpnH)

36 Why stop there.  The left loves to talk about the right to a job, yet every state has permit requirements for a laundry list of jobs that should require no permits whatsoever. 

Posted by: SH at March 06, 2012 06:59 AM (gmeXX)

37 Stop distracting us with banal trivialities such as this. Rights, Schmights. I'm busy bitterly clinging to my false narrative.

Posted by: Sandra Fluke at March 06, 2012 06:59 AM (NuGbl)

38

Their mores have so insinuated themselves into the fabric of our society that instances of clarity are rare.

 

Maybe if people had realized that 30 years ago, things would be different.

 

But as it were, it was not the hill to die on.

Posted by: Entropy at March 06, 2012 06:59 AM (WZ6L0)

39 My cooter's voracious appetite for man-cock is all the reason I need.

Posted by: Sandra Flucke at March 06, 2012 07:00 AM (BbX1b)

40 Funny how the left sees rights like free health care, not in the constitution, but cannot see the right to keep and bear arms, which is in the constitution. That old piece of paper is a serious impediment to "progress".

Posted by: maddogg at March 06, 2012 07:01 AM (OlN4e)

41 Are you sure "keep and bear arms" does not also refer to cocks?

Posted by: Sandra Because Fluke You That's Why at March 06, 2012 07:01 AM (ykSKg)

42

A walk down memory lane.  GOP needs to run this 24/7.

 

http://tiny.cc/PNWe2b

Posted by: Ammo Dump at March 06, 2012 07:01 AM (WUWb9)

43 The Left thinks the 2nd Amendment should be in the Bill of Privileges. It's on the back side of the Bill of Rights, in pencil. Posted by: eman at March 06, 2012 10:59 AM (qOpnH) The left thinks alot of things should be in Pencil or disappearing ink.

Posted by: nevergiveup at March 06, 2012 07:01 AM (i6RpT)

44 Hive Minds vs. Nomad Minds.

Posted by: eman at March 06, 2012 07:02 AM (qOpnH)

45 Nomad or Tan Rau vs the Space Hippies?

Posted by: Anna Puma at March 06, 2012 07:03 AM (fUNph)

46
  It's also interesting to me why a permit is needed to exercise a Constitutional right.  And why has that right has not been pursued by legal methods through our court system. Should be a no-brainer.

Posted by: irongrampa at March 06, 2012 07:04 AM (SAMxH)

47 The Cold War never ended. We fight Communists and their useful idiots.

Posted by: eman at March 06, 2012 07:04 AM (qOpnH)

48 We've been Fluked!

Posted by: Admiral Akbar at March 06, 2012 07:06 AM (71LDo)

49 A right, explicitly stated in a document called "THE BILL OF RIGHTS" is a right after all? MADNESS!!!

Posted by: McLovin at March 06, 2012 07:07 AM (j0IcY)

50 47 The Cold War never ended.

We fight Communists and their useful idiots.

Posted by: eman at March 06, 2012 11:04 AM (qOpnH)

 

Dude, just do what I do and lay back and take it all in!

Posted by: Sandra Fluken at March 06, 2012 07:07 AM (WUWb9)

51 This does bring up explicit vs implicit rights. The left fights hard to overturn explicit rights yet champions implicit rights with the ferocity of a caged penguin! They truly are insane.

Posted by: McLovin at March 06, 2012 07:09 AM (j0IcY)

52
Hey, does anyone know what size fuze fits the Pink Pony Sybian™?

Posted by: Sandra Fluke at March 06, 2012 07:12 AM (TkGkA)

53 M1911 designed by John Browning for the Jihad, 100yrs of sending little green birds to allah.

Posted by: Jean at March 06, 2012 07:14 AM (WkuV6)

54

Hey, does anyone know what size fuze fits the Pink Pony Sybian™?


 

Posted by: Sandra Fluke at March 06, 2012 11:12 AM (TkGkA)

 

Depends. Do you plug it into a 110 outlet or 220?

Posted by: ErikW at March 06, 2012 07:14 AM (B60aI)

55 I thought I was hearing voices.  Fortunately the sounds where just echos coming from my cavernous cooch.

Posted by: Sandra Fluken at March 06, 2012 07:15 AM (WUWb9)

56
Do you plug it into a 110 outlet or 220?

Posted by: ErikW at March 06, 2012 11:14 AM (B60aI)


Well, I normally plug it into the wall thing.

Posted by: Sandra Fluke at March 06, 2012 07:17 AM (TkGkA)

57 If contraceptives are outlawed, only outlaws will have contraceptives!

Posted by: Sandy Because Fluke You That's Why at March 06, 2012 07:18 AM (ykSKg)

58

Cant I finish my waffle in peace?

 

Posted by: Pedro at March 06, 2012 07:18 AM (NHNJt)

59 A citizen may not be required to offer a `good and substantial reasonÂ’ why he should be permitted to exercise his rights.



Nice.  "cannot" would have been better (since you all know how liberals will run with the many meanings of "may") but it's a good line to hear from a judge.

Posted by: really ... at March 06, 2012 07:18 AM (X3lox)

60 brb, flukein'      people.

Posted by: Sandra Fluke at March 06, 2012 07:19 AM (4df7R)

61

Factoid:  Sandra Fluke has scored more pussy than Hillary.

Posted by: Doctor Fish at March 06, 2012 07:19 AM (TkGkA)

62 O/T, but definitely Moron-worthy: the Islamic Circle of North America has set up a 1-855-SHARIAH hotline where anyone can ask questions about Islam or sharia law.

Posted by: Ian S. at March 06, 2012 07:19 AM (tqwMN)

63

Factoid: Sandra Fluke has scored more pussy than Hillary.


 

Posted by: Doctor Fish at March 06, 2012 11:19 AM (TkGkA)

 

TL;DR.     2 busy flukein'.

Posted by: Sandra Fluke at March 06, 2012 07:20 AM (4df7R)

64 60 I would have liked "must not" or "shall not".

Posted by: dagny loved andrew at March 06, 2012 07:20 AM (u50z0)

65 Posted by: McLovin at March 06, 2012 11:09 AM (j0IcY) You need to abridge explicit rights and embrace implicit rights if your going to implement a left wing agenda in the US. How else can you thwart the Bill of Rights and Constitution, silly? They're like a thousand years old and full of old ideas. They don't even mention my right to have you pay for my jimmy hats.

Posted by: Mr Fever Head at March 06, 2012 07:21 AM (SzAZ7)

66 O/T, but definitely Moron-worthy: the Islamic Circle of North America has set up a 1-855-SHARIAH hotline where anyone can ask questions about Islam or sharia law.

Posted by: Ian S. at March 06, 2012 11:19 AM (tqwMN)



Meh.  NASA set up a similar hotline 2 years ago.

Posted by: really ... at March 06, 2012 07:21 AM (X3lox)

67 63 O/T, but definitely Moron-worthy: the Islamic Circle of North America has set up a 1-855-SHARIAH hotline where anyone can ask questions about Islam or sharia law.
 

Posted by: Ian S. at March 06, 2012 11:19 AM (tqwMN)

 

HAH!  I saw that story!   My first question would be, "So, when slaughtering infidels       , is it permissible to use my RIGHT hand?  Or am I only supposed to use the filthy left hand that I also use to wipe my ass?"

Posted by: Sandra Fluke at March 06, 2012 07:22 AM (4df7R)

68 >>It's also interesting to me why a permit is needed to exercise a Constitutional right.

Is there anything in America that doesn't require a permit, on one level or another, besides extra-marital sex?

Posted by: HeatherRadish at March 06, 2012 07:22 AM (ZKzrr)

69 Dammit, off skanky sock!

Posted by: MWR, Proud Tea(rrorist) Party Hobbit and ABO supporter at March 06, 2012 07:22 AM (4df7R)

70 I would have liked "must not" or "shall not".

Posted by: dagny loved andrew at March 06, 2012 11:20 AM (u50z0)



Yes.  Much better.

Posted by: really ... at March 06, 2012 07:22 AM (X3lox)

71

So if you take Sandra Fluke out on a date, and things go well enough that you use a contraceptive (a condom in this case), are you allowed to deduct that from our taxes?

Have we been missing a giant tax shelter all this time?

Posted by: Pedro at March 06, 2012 07:24 AM (NHNJt)

72 Ian, you tempt our souls like a Hendricks link ... a looky what I have here: http://preview.tinyurl.com/76j2c3h

Posted by: Jean at March 06, 2012 07:25 AM (WkuV6)

73 It's also interesting to me why a permit is needed to exercise a Constitutional right.

The point of the judge's statement (different from what you're saying, here, but related, I think) is that while Constitutional rights are in no sense limitless, any limits placed on them must not include the individual having to prove any "need" to exercise that right, only the decision to do so and to do it within the confines that have been legally established for all - uniformly.  Free speech is a right though one is not allowed to scream at 115 decibels at midnight in a residential area, understandably.  But, given the laws governing speech levels and times one cannot try to make an individual prove that he "needs" to scream at whatever time.  If it is allowed, he is allowed.  Period.  But, that still doesn't mean that free speech entitles one to make any sounds out of his mouth at any time in any place.

Posted by: really ... at March 06, 2012 07:28 AM (X3lox)

74 Man is a reasoning creature, not necessarily a reason-giving creature.

Posted by: toby928© Perrykrishna at March 06, 2012 07:29 AM (GTbGH)

75

Posted by: Mallamutt, RINO President for Life at March 06, 2012 11:26 AM (OWjjx)

 

Is it easy to find? Keep in mind, I'm functionally retarded when it comes to the intertubes.

Posted by: ErikW at March 06, 2012 07:30 AM (B60aI)

76 74 And if you have not done so.....sign the Iowahawk petition at the White House dot gov site demanding the Obama Administration resign.
Come on people......we have to have more signatures than the one demanding Rush be removed from Arm Force radio. And I can't stand Limbaugh and I was willing to do this.

Posted by: Mallamutt, RINO President for Life at March 06, 2012 11:26 AM (OWjjx)


link in my name below.

Posted by: Underground Vulgarian at March 06, 2012 07:32 AM (Aaxiu)

77 Nice story about AB and Seth MacFarlane linked in the sidebar. Goes to AB's site.

Posted by: Retread at March 06, 2012 07:33 AM (joSBv)

78 74
And if you have not done so.....sign the Iowahawk petition at the White
House dot gov site demanding the Obama Administration resign.

Come on people......we have to have more signatures than the one
demanding Rush be removed from Arm Force radio. And I can't stand
Limbaugh and I was willing to do this.

Posted by: Mallamutt, RINO President for Life at March 06, 2012 11:26 AM (OWjjx)

And here in text:
https://wwws.whitehouse.gov/petitions#!/petition/resign/SvJr4Q9h

Posted by: Underground Vulgarian at March 06, 2012 07:33 AM (Aaxiu)

79 I'm often asked if I smoke after sex.  Actually, there is not enough friction to cause smoke, but there is a constant burning sensation.

Posted by: Sandra Fluken at March 06, 2012 07:34 AM (WUWb9)

80 Thank you, Vulgarian!

Posted by: ErikW at March 06, 2012 07:35 AM (B60aI)

81 Hey, does anyone know what size fuze fits the Pink Pony Sybian™?

Didn't you get a special model you have to kick-start?


(You know, I'm actually embarrassed and ashamed that I know what a Sybian is.)

Posted by: OregonMuse at March 06, 2012 07:47 AM (GLzKw)

82 You all have the right to polish my knob.  On your knees bitches.

Posted by: Barak Obama at March 06, 2012 07:52 AM (eMPeB)

83

Its not a Right, is someone has to GIVE you somthing...

 

I have a Right to Carry... you do NOT have a Right to my Property...

Posted by: Romeo13 at March 06, 2012 08:10 AM (lZBBB)

84 You all have the right to polish my knob. On your knees bitches.

Posted by: Barak Obama at March 06, 2012 11:52 AM (eMPeB)



Not unless you provide Sandy with the knee pads. She has a right to them!!!!

Posted by: TheQuietMan at March 06, 2012 08:13 AM (1Jaio)

85 ... you do NOT have a Right to my Property...

Yea, go with that. 

Posted by: Barak Obama's IRS at March 06, 2012 08:16 AM (eMPeB)

86 #80 & #74:  how long does it take those bastards at the wh dot gov to send back an email confirming a new 'account'?  and that photo of teh One at the beginning of the site?  looks like Forrest Gump, without the sweet nature.

Posted by: the Butcher at March 06, 2012 08:23 AM (8g9qq)

87 We need a statue of that man.

Posted by: yankeefifth at March 06, 2012 08:26 AM (Z9EHQ)

88 I think conservatives need to focus in the long term on educating the populace on the Constitution, the founding of America and the key concepts associated with these things. The mfm, hollywood, and liberals have done such a thorough job of reshaping the philosophical landscape of the country that most people do not even realize there is another view on a lot of subjects.

Posted by: yankeefifth at March 06, 2012 08:30 AM (Z9EHQ)

89 83 Hey, does anyone know what size fuze fits the Pink Pony Sybian™? Didn't you get a special model you have to kick-start? (You know, I'm actually embarrassed and ashamed that I know what a Sybian is.) Posted by: OregonMuse at March 06, 2012 11:47 AM (GLzKw) welcome to the internets. misspellings are great way to learn all about new things.

Posted by: yankeefifth at March 06, 2012 08:32 AM (Z9EHQ)

90 the Butcher at March 06, 2012 12:23 PM

My e-mail confirmation from whitehouse.gov with link came back yesterday within two minutes.  I got in on it fairly early.  I think there were only 305 sigs at the time I added mine.

If it's taking forever, especially using the link on Iowahawk's page, one might wonder if someone were manipulating it just a tad.

Either that or, happy day, the response is so great the server can't handle it.

My money's on No. 1, though.

Posted by: creeper at March 06, 2012 08:39 AM (gre5a)

91

Judge Legg's decision illustrates why we - all of us - need to put doctrinal differences aside and support whomever the Republicans nominate. Otherwise Obama will appoint (and the Senate will probably confirm) another cadre of hard-left judges at the Federal District, appellate, and Supreme Court levels that we will be stuck with for a generation.

 

In that case, expect a whole series of new "rights" to be discovered in the Constitution (written in invisible ink, perhaps) in the shadow of the various penumbrae and adumbrations and every other goddamned Latin circumlocution (!) for saying "made-up shit."

 

Meanwhile, rights actually enumerated in the Constitution will mysteriously go missing ...

Posted by: Jay Guevara at March 06, 2012 09:16 AM (tEamb)

92 My cooch is a revolving door so you better slip a taxpayer provided trojan over your penumbra.

Posted by: Sandra Fluke at March 06, 2012 10:46 AM (SzAZ7)

93

The Cold War never ended.

We fight Communists and their useful idiots.

 

Yes, the cold war has moved from behind the iron curtain to the shower curtain.

Posted by: Decaf at March 06, 2012 11:59 AM (GDWhX)

94 The Left does have a response to this. They will say the law is "functionally equivalent" to some permissible form of gun control. And then they'll say, "so what's the big deal?"

We see this in the debate over the constitutionality of Obamacare. They say that fines and tax credits (the latter are broadly constitutional) based on behavior both have the same kind of economic effect, so who cares the exact formulation to achieve the goal?

It is a corrupt way of thinking and we should be aware of it.

Posted by: Crispian at March 06, 2012 12:24 PM (uxW8g)

95 Obama is a stuttering clusterf*ck of a miserable failure.

Posted by: steevy at March 06, 2012 12:31 PM (7W3wI)

96 "Reason not the need..." King Lear, Act II, Scene 2: The play really is the original warning against gun grabbing, with Lear's daughters slicing away the 100 armed guards he had reserved from himself when he divided their kingdom and gave it to them: [to Goneril] IÂ’ll go with thee. Thy fifty yet doth double five and twenty, And thou art twice her love. GONERIL Hear me, my lord. [480] What need you five and twenty, ten, or five, To follow in a house where twice so many Have a command to tend you? REGAN What need one? KING LEAR O, reason not the need. Our basest beggars [485] Are in the poorest thing superfluous. Allow not nature more than nature needs. ManÂ’s lifeÂ’s as cheap as beastÂ’s.

Posted by: JewishOdysseus at March 06, 2012 06:55 PM (IojUD)

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