Wednesday, November 04, 2015

Elliot Fineman: "Screw the Constitution, we want an EMERGENCY DECLARED!!"

If your nose is suddenly bleeding, you are in good company. You cannot read that much stupid and not suffer some sort of blood loss. It simply does not make one bit of sense what Elliot is saying. 10 rounds a minute? The century old concept of magazine release button as a circumvention of the 1994 AWB?  He has to have a meth lab behind his house and he is tasting the product…heavily.
What might cause Miguel to speak so?
The certain way to deal with the horror of gun violence now is for President Obama to declare a state of emergency due to the gun violence epidemic and then unilaterally issue the unrestrained executive orders needed to halt it—including universal real background checks—orders he cannot issue without declaring a state of emergency. That is why we urge you to sign our petition asking him to do just that.
Yeah, that'd work out just GREAT.

Also thanks to Miguel, on SYG laws,
What the NYT fails to recognize is that what Florida has is not a “stand-your-ground” problem, it is an “abusive prosecutors” problem.  Had prosecutors ceased their over-reaching in currying political favor this proposed change to the state’s self-defense immunity law would never have seen the light of day.


genericviews said...

Even in a state of emergency, our president does not gain wonderful new powers to rule by decree. Our constitution does not have an "except for emergency" clause. The President's powers are limited. The President has no authority to create law. If he tries to, we the people, are free to ignore it. if he enforces it anyway, then it is time to give up the illusion that we live in a free society and let each man live according to his own conscience.

Firehand said...

You know that, I know that; he and his asskissers don't think it matters.

Which is asking for some REAL interesting times

genericviews said...

Legally, at the federal level, "state of emergency" has no meaning. There is no public law that defines it or that uses it to grant the government authority that it does not already otherwise have. At the state and local levels, there are some state that do have "state of emergency, with legislation to enact emergency powers. Those powers are spelled out in law and not an open ended assumption of unlimited authority. Even "martial law" doesn't mean what people think it means. it means that the military is enacting law enforcement because civilian law enforcement has broken down. But the laws themselves are the same. There are just military courts, jails, police and judges instead of civilian ones. "Shoot to kill" and "shoot on sight" does not exist anywhere in American public law. Anyone who takes such authority upon themselves is a criminal and may lawfully be stopped by deadly force. And that's why we have a second amendment.

So, the argument comes full circle. As long as the government doesn't try to take our guns away, we don't need guns.