Thursday, July 3, 2014
Five Important American Events That Happened on July 4th
Thursday, September 26, 2013
Has the Federal Government Inadvertently Set a States' Rights Precedent? Delegates Sobonya and Cowles Think So
Marshall wrote the opinion broadly enough so that it legally prevented any state from officially acting in contradiction to any federal policy or agency. State police cannot even legally pull over a federal vehicle that is speeding.
Obviously this decision came in the context of its times. The federal government was very small and claimed few powers. Some of the states had existed for almost or over 200 years as political units.
Delegates Kelli Sobonya (R) Cabell, and Darryl Cowles (R) Morgan, think they may see a breach in the iron wall of McCullough.
In a recent Legislative committee meeting on medical marijuana covered by the Charleston Daily Mail , Sobonya queried about the inconsistent enforcement of marijuana laws by the federal government.
If Sobonya and Cowles are right, then the Obama Administration may have opened the door to states ignoring laws that they find onerous to their citizens. EPA regulations and Obamacare were cited by the delegates as examples.
Delegate Gary Howell (R) Mineral later noted "civil society depends on rule of law. You can't just have the president and his political aides pick and choose what to enforce. Then we have a government of men, not of laws, which John Adams saw as a prime threat to liberty." He also SAID that the inconsistent enforcement could set a precedent where states can legally defend their own interests.
It should be noted that no court or statute has ever refuted the Virginia and Kentucky Resolutions penned by James Madison and Thomas Jefferson. If the federal government violates the Constitution, according to Madison in the Virginia Resolution, "necessary and proper measures" must be taken to protect the people's rights. Madison never specified what those ought to be. At the very least, it would seem that Virginia, Kentucky, and West Virginia can refer to these works as grounds of legal argument.
Post Script: Full disclosure. I support legalization of medical marijuana. Frankly those who support it should take more issue with the Obama Administration's non enforcement than with either enforcing or getting rid of the law. By not enforcing the law, Obama is allowing businesses to grow. Those businesses will always be subject to legal extortion by the federal government because the law can always be held over them as a Sword of Damocles.
Monday, April 18, 2011
Neo-Confederates?

The Confederates did cite states' rights in defense of their cause, as did the legislators in the last session. That must mean that abolitionists in the North between 1850 and the Civil War were Confederates beofre the fact. In 1850, Congress passed a Fugitive Slave Act that expanded the law enforcement powers of United states Marshals and infringed upon property rights. Abolitionists cited states' rights in opposition. This makes them pre Confederates, according to the Democratic blog.
Other pre-Confederates, according to the logic of West Virginia Blue, include Democratic Party founders Thomas Jefferson and James Madison. They were the first to articulate states' rights doctrine. In 1798, they penned the Kentucky and Virginia Resolutions that claimed state courts could find federal laws unconstitutional. The law that created such powerful objections was the Sedition Act. This law made it a crime to satirize or make any untrue statements about the government, its policies, or its officials. In other words, today it would allow the arrest of newspaper editors, the cast and crew of Saturday Night Live, and a lot of bloggers. Who defines what the truth is about the government? The government would! Jefferson and Madison knew no other recourse against such an abominable law rather than to resort to states' rights doctrine. And Madison, being the architect of the Constitution, would know what could and could not be done.
Since we are on the subject of associating ideas with regimes, I wonder if anyone at West Virginia Blue has ever done the following:
Driven on the interstate
Ridden in a jet plane
Used satellite television
Approved of Obama using cruise missiles in Libya
Owned, drove, or simply admired a Volkswagen
If so, this makes them neo-Nazis. The National Socialists came up with the idea of the authobahn, which Eisenhower adapted into the interstate highway system. The German Air Force invented the jet engine. Germans in World War II created the ballistic and cruise missiles; of course ballistic missiles were the basis for the rockets that brought the advance of space flight and satellite deployment. And we all know that Volkswagens were "Hitler's car."
The states' rights principles articulated by Republicans and Democrats in the past session are meant to put checks on an overreaching federal government. A bipartisan group of men and women want to make economic conditions better for everyone, regardless of race. They see the federal government standing in the way at every turn. and just like the co-founders of the Democratic Party, Messrs. Jefferson and Madison, they see states' rights as a shield of liberty when the federal government goes too far.
Wednesday, March 17, 2010
Remember the Federalists
In the 1790s the Federalist Party had a secure grip on power. People associated them with the Constitution, George Washington, security, and prosperity. As late as 1796 they dominated elections to the presidency and Congress. How did they lose power by 1800?
Much of the reason lies in the passage of the Sedition Act. Sedition is the criminalization of attacks on the government. If the government decides that the origin is either satirical or untrue (in the 1798 version anyway) it can move towards prosecuting the writer, cartoonist, or speaker. Many Federalists enthusiastically backed this act despite its blatant violation of the Constitution. John Marshall, a Virginia Federalist, argued against it and it shocked, scared, and angered the opposition Democratic-Republican Party.

Voters punished the Federalists by expelling them from power in 1800. They found themselves loathed as aspiring tyrants and their party disintegrated by 1815. Its most promising leaders, such as John Quincy Adams, left to join the Democratic-Republicans to escape the tarnish.

Thursday, July 16, 2009
Rockefeller, Byrd must vote NO on Anti-Gun Sotomayor

When Tom Coburn of Oklahoma asked about gun rights, Sotomayor said, "I can't answer...because I can't look at it in the abstract.” There is nothing abstract about the 2^nd Amendment. It is quite clear, “the right of the People to keep and bear arms shall not be infringed.” Coburn went on and pressed Sotomayor asking if a person had a fundamental right to self defense. Sotomayor’s reply should have been, “Yes!” It was not, she stated, "What we do is different than the conversations citizens have about what they want the law to do. It's not that we make a broad policy choice and say this is what we want."
Founding Father Thomas Jefferson summed up his feelings in letter to Peter Minor, July 20, 1822 when he wrote, “I presume he is a gun-man, as I am sure he ought to be, and every American who wishes to protect his farm from the ravages of quadrupeds & his country from those of biped invaders. I am a great friend to the manly and healthy exercises of the gun.” The Founding Fathers were quite clear the right to defend ones self and ones nation were to be in the hands of the people. Sotomayor’s position does not reflect that of the majority of the nation, the people of West Virginia or that of the Founding Fathers. Our Senators in Washington should vote NO on her appointment to the US Supreme Court and we must ask them to vote NO. The number for the Senate switch board is 202-225-3121.
Tuesday, July 7, 2009
Sypolt Is More Jeffersonian Than Most Attendees of Jefferson Day Dinners
Thursday, July 2, 2009
Our Vision As West Virginia Republicans Going Into 2010
Friday, June 19, 2009
Not Hard to See Why Kids Don't Know History
Tuesday, April 28, 2009
Thomas Jefferson, Woodrow Wilson, Franklin D. Roosevelt, and John F. Kennedy Are "So Yesterday" According to Hillary Clinton
Thursday, April 9, 2009
Somali Pirates, Q-Ships and Convoys
As early as 1783 Islamic Pirates were attacking US Merchantmen off the coast of Africa capturing them and demanding ransom. In 1786 Thomas Jefferson and John Adams tried to negotiate with a representative of the terrorist. They were told, “It was written in their Koran, that all nations which had not acknowledged the Prophet were sinners, whom it was the right and duty of the faithful to plunder and enslave; and that every muslim who was slain in this warfare was sure to go to paradise” by Sidi Haji Abdul Rahman Adja.
On August 1st, 1801 the frigate USS Enterprise engaged and defeated an Islamic Pirate ship in the Mediterranean that had been attacking US shipping. It was the first time that a nation had stood up to the Islamic terrorist. Europe then as now just paid ransom and practiced a process of appeasement with terrorist. For the next few years the US Navy patrolled the Mediterranean defeating the terrorist on the high seas and US Marines attacked on shore. The battle of Tripoli, Libya is remembered in the Marine Hymn and was the first time America took on the Islamic Terrorist and won over 200 years ago.
Today the Islamic Pirates are at it again off the coast of Africa. They captured another US Merchantmen, the “Maersk Alabama,” but unlike the other Merchantmen of the world, the US crew fought back. After 200 years the Islamic Pirates have forgotten how Americans react, but the US Navy must respond as it did 200 years ago.
The world has changed, but the one thing the terrorist understand hasn’t and that is a show of force. We learn from our history, or at least we should. Two things that have worked in the past will work here. The first is to form convoys as was done in World War I and II. This is where merchant ships form a fleet and are escorted through hostile waters by armed naval vessels. This has worked in the past and will work here. The Somali Pirates would be fools to take on actual warships.
Since the Islamic Pirates are not likely to attack an escorted convoy, they will look for easier prey, those lone ships that wander into their hunting ground. This is where the Q-Ships come in. Q-Ships were used to lure German U-boats to the surface in both World War I and II. The Q-Ships look like normal merchant vessels, but in reality caring no cargo. They are crewed by navy personal, carried hidden heavy weapons, and the cargo holds are filled with empty oil drums to keep them afloat should they be damaged in battle. When the U-boats would surface to attack the unarmed merchantmen, the Q-Ship reveals its armament and attacks. Today a modern Q-ship would be the perfect weapon to take on the Muslim Pirates and destroy them, leaving enough survivors to warn other pirates that all merchantmen are not what they appear. On second thought leave no survivors, let them all come out to engage the Q-Ships.

Thursday, February 26, 2009
Lincoln Ranked First Among Presidents By Panel of Sixty Five Historians
Washington, Lincoln, Franklin Roosevelt, Harry Truman, Ronald Reagan, James Madison, William McKinley, James K. Polk, Theodore Roosevelt, Dwight D. Eisenhower are my top ten.
Why is Theodore Roosevelt as low as he is? The more I read about his domestic policies, the more squeamish I get. Yes the government needed to expand some regulatory powers, but his tended to follow his own whim rather than the rule of law. Were it not for a wildly successful foreign policy, I'd send him lower. I prefer McKinley who had a strong foreign policy and a more limited ideal of government power. Truman goes before Reagan by a hair because he recognized the Soviet threat before many others and challenged it almost from the beginning. James Madison was flexible enough to alter his position during the War of 1812, casting ideology aside in the greater effort to beat the British. I left out Jefferson because his foreign policy led directly to economic disaster. He also used the authority of his office to financially crush political rivals.George W. Bush to me is definitely in the top 20. You cannot lay the current financial crisis at his feet since he tried to get both Republican and Democratic congresses to address the various issues that caused the problems. It would be like blaming Isaiah for the Babylonians conquering Judah. It's not his fault that nobody listened. The second Bush will climb as we get further from his presidency.
Tuesday, September 23, 2008
Jefferson-Jackson Dinners and Mexican Trucks
Friday, May 9, 2008
The Second Amendment Explained
The reason for the language in the Second Amendment is that those at the time worked within an Anglo-American tradition that needed no explanation. Just as today, we would say "the dream of Dr. King" and no one would ask "what dream" or "who is Dr. King?" those of the 1790s were children of a centuries old tradition.
King Henry II helped to build this tradition with the Assize of Arms, requiring that every male citizen own some sort of weapon. Although Alfred the Great in his time had ordered the creation of a fyrd, or militia, Henry's assize was much more specific. This enabled him to get by without a standing army because all were required to help defend the realm. However, an armed citizenry meant that Henry also had to take steps to make sure those people were happy. He traveled his kingdom to make sure he was aware of the people's needs. Later it became more convenient for kings to call representatives to the capital. The partnership between ruler and ruled, cemented by an armed people, put England on the road towards democracy. A good government has nothing to fear from an armed population, but the armed population is the best insurance policy against tyranny. And don't bring up the argument about modern weapons. The experiences and/or writings of Giap, Che Guavara, Max Boot and others about guerilla warfare bely the notion that people with their own arms are powerless in modern warfare.
In the 1600s Britain knew tyranny from both power hungry kings and Oliver Cromell's dictatorship. The natural rights of life, liberty, and property were unsafe in the hands of such a government. By the 1700s British Whigs spoke openly about the need for an armed population to protect itself from tyranny. Our forefathers, according to noted American historian Bernard Bailyn, absorbed these principles like mother's milk. It was part of the justification for the Revolution itself. Meanwhile, the Indian chief King Phillip's war of genocide against New England spurred Americans on the frontier to understand that every good citizen must be armed to defend his community. Add to these historical antecedents the natural right of people to protect themselves and their property and you have the Second Amendment.
But let's imagine for a second that guns would magically vanish. Would we be safer? Maybe the strongest of us would be. I am 6'2, 250, and fairly young. I could handle a baseball bat pretty well to defend myself and my property. What if I were elderly and frail? My grandmother until she died at age eighty kept a handgun under her bed. Her husband who died in 1973 taught her how to use it and she kept it for security. She lived far from possible police protection. If there were no guns, home invaders could easily have harmed her with bats or axes. The possibility of getting shot deters a lot of these predators. Who is anyone to deny the right of the elderly or the disabled to defend themselves? How about the young woman trying to break away from a much stronger and abusive man who has promised to kill her if she ever leaves? Who is anyone to take away her right to protect herself? The intruder will think twice before entering a home if there is a possibility of the resident shooting him or her to death.
The Second Amendment's guarantee of gun rights is meant to help assist in the national defense, give property owners the ability to defend themselves and their families, and insure against a tyrannical government. Thomas Jefferson, who has been described as James Madison's collaborator to the point that one historian claimed they by the early 1790s almost shared the same mind, described the Second Amendment as his favorite because it helped protect against tyranny. This gives an important clue as to the mindset of the author, James Madison. No one at that time would have fathomed that people's right to defend their persons with deadly force would ever be questioned. It would be like questioning your right to eat whatever you wanted.
The violent will be violent, governments at some point will seek too much authority, and at some point we will face a serious attack on our territory. The first measure taken to prepare any nation for dictatorship is the removal of the citizens' guns. We must never allow ourselves to be in that position as a nation or as individuals, vulnerable to whatever strong force seeks to violate us.
Wednesday, April 9, 2008
Guns Make Citizens
The American definition of rights is freedoms granted by God or nature. The American definition of citizen describes a person who not only enjoys, but fights for these rights. Gun ownership ensures our rights now and forever, or at least until we elect governments that obliterate their enjoyment.
Friday, November 23, 2007
An Armed Population Is a Free Population
Wednesday, April 11, 2007
The Winds of Change?
Some environmentalists have told the public for years that tremendous potential exists in the power generation of wind farms. Others protest that wind farms harm the environment. Walter Cronkite and Ted Kennedy, no friends of coal or any other supplier of power, successfully prevented construction of wind farms off of Martha’s Vineyard for aesthetic reasons alone. Some argue that birds flying into the blades and shortening their lives provides a compelling reason to not construct these farms (don’t they also fly into cars, windows of buildings, and other immovable objects?)
Only one reason alone exists to build or to not build, long term viability. Can these energy sources become profitable in the long term without government support? Governor Manchin signed a bill into law recently that raises the property tax rate on wind farms from the salvage rate to the regular rate. Although this removes an incentive to construct these projects, it does give county governments a reason to try to attract them. Manchin also opened the door for wind farm operators to earn tax credits with local investment.
Will wind power displace coal as the source of energy that keeps the lights on? Not a chance. However it creates investment opportunities on land that otherwise may not be developed, helping the local tax base. It also creates a few good paying jobs while increasing West Virginia’s most profitable (legal) export, electric power. Strangely enough, the wind farm that operates now in Tucker County has proven to be a tourist attraction of sorts. You can actually see people, even in busses, stop to get their pictures taken beside the gigantic wind harnessing machines. It makes you wonder if the Dutch that built those windmills so long ago saw them as beautiful or interesting features on the landscape. If these farms can generate profits as well as power, they will create an innovative and environmentally friendly source of wealth for the state and its people.