Have nothing to do with the [evil] things that people do, things that belong to the darkness. Instead, bring them out to the light... [For] when all things are brought out into the light, then their true nature is clearly revealed...

-Ephesians 5:11-13

Category Archives: Constitution

Claim of “Negligent Entrustment” Fails in Lawsuit Against Remington Arms

This article was published by The McAlvany Intelligence Advisor on Monday, October 17, 2016:  

Remington Arms

Lawyers decided to attempt to nullify a law passed by Congress a decade ago protecting the gun industry from frivolous (and costly) lawsuits. The law, the Protection of Lawful Commerce in Arms Act (PLCAA), signed into law by President George Bush in 2005, specifically and deliberately prohibits civil liability actions against any part of America’s gun industry for damages or injunctive or other relief resulting from the misuse – criminal or otherwise – of their products.

There’s an exception built into the law called “negligent entrustment” which

Keep reading…

Superior Court Judge Slaps Down Lawsuit Brought Against Remington Arms

This article appeared online at TheNewAmerican.com on Saturday, October 15, 2016:  

On Friday Fairfield (Connecticut) District Superior Court Judge Barbara Bellis dismissed the lawsuit filed in January 2015 by families of victims murdered by Adam Lanza in the Sandy Hook Elementary School massacre in Newtown, Connecticut, three years earlier (see memorial above). They hoped to use a legal loophole involving “negligent entrustment” as a way to get around Congress’s intent to protect the gun industry from frivolous lawsuits: the Protection of Lawful Commerce in Arms Act (PLCAA).

The act, prohibiting civil liability claims against not only gun manufacturers but also

Keep reading…

Mexico’s Violence Teaches the Value of the Second Amendment

This article was published by The McAlvany Intelligence Advisor on Friday, October 14, 2016: 

Português: Jovem é morto com um tiro na cabeça...

On Monday, Mexico’s National Survey on Victimization and Perception of Public Security reported that three out of every four Mexican citizens don’t feel safe living there, thanks to the violent crime wracking the country. It went on to calculate the ratio of violent crimes per 100,000 population: an astounding 35,497! Translation: more than one out of three citizens is a victim of a violent crime, every year! Compare that to the US where the ratio is 369 per 100,000.

The police are of little help, either through corruption or incompetence. “Cifra negra” – unreported crime – is so widespread that

Keep reading…

Mexican Senator Proposes Expanded Gun Rights

This article appeared online at TheNewAmerican.com on Thursday, October 13, 2016:  

On Tuesday, Senator Jorge Luis Preciado, a member of Mexico’s National Action Party (PAN), said he is backing a bill to amend his country’s constitution so that bus drivers, cabbies, truckers, and “other transportation drivers” can carry firearms to protect themselves, their cargo, and their passengers.

He said the constitution’s current provisions need to be expanded:

Keep reading…

Runaway Federal Agency Reined in, a Little

This article appeared online at TheNewAmerican.com on Wednesday, October 12, 2016:  

English: Richard Cordray, Attorney General of Ohio

Richard Cordray, Director of the runaway agency

On Tuesday the U.S. Court of Appeals ruled against the unconstitutional structure of one of the most pernicious, invasive, and out-of-control federal agencies: the Consumer Financial Protection Bureau (CFPB).

The court’s opinion was penned by Judge Brett Kavanaugh, a George Bush appointee. Sounding like a conservative constitutional scholar teaching at the Freedom Project Academy sponsored by The John Birch Society, he got off to a great start:

Keep reading…

Frederic Bastiat Wouldn’t Approve of Social Security

This article was published by The McAlvany Intelligence Advisor on Wednesday, October 12, 2016:  

Frédéric Bastiat

Frédéric Bastiat

Frederic Bastiat was a “classical liberal” who lived briefly in the first half of the 19th century in France. But his legacy, including his development of the fallacy of the broken window through his Parable of the Broken Window continues to resonate today. He is perhaps best known for his definition of “legal plunder”:

But how is this legal plunder to be identified? Quite simply. See if the law takes from some persons what belongs to them, and gives it to other persons to whom it does not belong. See if the law benefits one citizen at the expense of another by doing what the citizen himself cannot do without committing a crime.

When it was enforced at the point of a pistol by a government bureaucrat, Bastiat opposed it:

I do not dispute [politicians’] right to invent social combinations, to advertise them, to advocate them, and to try them upon themselves, at their own expense and risk. But I do dispute their right to impose these plans upon us by law – by force – and to compel us to pay for them with our taxes.

There’s little doubt, then, that Bastiat would support the philosophy of The Bastiat Society, founded a dozen years ago:

Capitalism is the only economic system to produce widespread peace and prosperity. But if those in the private sector do not understand the intellectual and cultural institutions that make entrepreneurship and peaceful trade possible, what chance do they have to withstand a steady series of attacks from those who desire to bring capitalism and personal freedom to an end?

One of the battles that freedom lost was Social Security. Enacted as part of FDR’s Great Society, it remains a fixture that appears to be immovable. Today the only conversation heard is how to keep it from going bankrupt.

All manner of “fixes” are proposed. Obama’s National Commission on Fiscal Responsibility and Reform came up with ten fixes while The Motley Fool proposed 15:

  1. Cut benefits across the board right now;
  2. Change the COLA;
  3. Raise the earnings cap;
  4. Allow beneficiaries to invest in the stock market;
  5. Do nothing and cut benefits when the [trust fund] is depleted;
  6. Do nothing and enact payroll tax hikes when the [trust fund] is depleted;
  7. Offer a buyout [to the wealthy, removing them from the program];
  8. Link life expectancies to benefit levels;
  9. Means-test [to qualify] for benefits;
  10. Raise the full retirement age;
  11. Use the Estate Tax to cover Social Security [shortfalls];
  12. Freeze the purchasing power of benefits [i.e., eliminate COLA altogether];
  13. Freeze the … benefits on a sliding scale;
  14. Transfer [some] costs to [the] government [now]; and/or
  15. Increase the payroll tax on everyone right now.

Social Security has the peculiar characteristics similar to Bernie Madoff’s Ponzi scheme: eventually it is exposed and it ends in bankruptcy. The difference is that Social Security is enforced by people with guns and badges: everyone must be covered and forced to support everyone else, or else.

No one questions the math: the program’s “trust fund” is slowly being liquidated to cover the annual shortfalls between revenues and benefits. Thanks to the Baby Boomers, the liquidation is increasing more rapidly: those Boomers have developed the nasty habit of living longer, far beyond the original mortality tables predicted back in the mid-1930s. There’s also the declining birth rate, which is reducing the number of new entrants into the system whose taxes are needed to support it.

It’s the ideology: freedom versus force. So-called conservatives want to fix it, as do liberals. Conservatives, when pressed, question the intergenerational conflict that requires young people to contribute to a plan paying benefits to seniors. They question the use of resources: tax and spend now, or save and invest for later. Conservatives even argue over who should control the money. They never question its morality.

Liberals think it’s a proper function of government, going along with the Supreme Court’s decision in Helvering v. Davis that the program is constitutional, the Tenth Amendment notwithstanding.

As economist Herb Stein noted: “If something cannot go on forever, it will stop.” With Social Security it will continue as long as it can be patched up with temporary fixes. Eventually the mathematics and the bond market will end it.

Court Upholds Freedom and the Fifth Amendment in Taxi Cartel Case

This article appeared online at TheNewAmerican.com on Monday, October 10, 2016:  

On the surface, Judge Richard Posner’s decisions, decided last Friday, appeared merely to expand the freedom of Uber, Lyft, and other ride-sharing services to operate more freely in Milwaukee and Chicago. Beneath the surface, however, Posner presents a refreshing and much-needed defense not only of freedom in general, but of the Fifth Amendment and the competitive free market as well.

Posner (shown above) is one of the most respected jurists in the country.

Keep reading…

Gun Background Check Denials Not Prosecuted, Appeals Not Processed

This article appeared online at TheNewAmerican.com on Monday, October 10, 2016: 

Brady Campaign

The audit released last month of how well the FBI is handling background check denials by the Inspector General’s Office in the Justice Department was designed to “focus on how the DOJ handles” denials. What it revealed was unsettling: “We found that the number of NICS [National Instant Criminal Background Check System] denial prosecutions has dropped substantially since 2002, when 166 subjects were accepted for consideration of prosecution. Between 2008 and 2015 … the USAO [United States Attorney’s Office] accepted for consideration of prosecution 254 subjects … less than 32 subjects per year.”

In other words, since 2008, while background checks have been soaring, the number of those being prosecuted for failing the check has dropped by 80 percent!

How can that be?

Keep reading…

The Background Check System is Working Well – at Keeping Guns Out of the Hands of Citizens Without Due Process

This article was published by the McAlvany Intelligence Advisor on Monday, October 10, 2016:

Seal of the United States Department of Justice

The Brady Campaign promised back in 1993 that a properly installed background check system, run by the ever-dependable and reliable FBI, would deny permission to criminals trying to buy a firearm. The latest report from the Inspector General of the Justice Department confirms that the system is working well: from 2008 to 2014, the NICS [National Instant Criminal Background Check System] denied approval of 556,000 requests for permission to purchase a firearm with an “accuracy rate that ranges from 99.3 percent to 99.8 percent.”

But buried on page four of the report was this:

Keep reading…

Will Mainers Make the Same Mistake as Coloradans?

This article was published by The McAlvany Intelligence Advisor on Thursday, October 6, 2016:  

Question 3 on the November ballot for Mainers, if passed, would require a gun buyer and seller to meet at a licensed gun dealer and go through a background check. That requirement would also apply to a resident of Maine who loans a firearm to a friend.

The similarities to Colorado’s experience are beyond coincidence:

Keep reading…

Maine Sheriffs Oppose Universal Background Check Ballot Initiative

This article appeared online at TheNewAmerican.com on Thursday, October 6, 2016:  

On the ballot in November in Maine will appear Question 3, requiring for the first time that a gun buyer and seller meet at a licensed gun dealer and go through a background check before transferring a firearm. If approved by Mainers, the requirement also will apply to those just lending a firearm to a friend.

On Tuesday, 12 of Maine’s 16 county sheriffs announced their formal opposition to the ballot initiative:

Keep reading…

Permitless Carry Passes in Missouri; Gun Sales Soar Nationwide

This article appeared online at TheNewAmerican.com on Wednesday, October 5, 2016:


Three weeks ago Missouri became the fourth state this year to allow “permitless” concealed carry of firearms by its citizens, its legislators voting to override Democrat Governor Jay Nixon’s veto of the bill. Missouri joins West Virginia, Mississippi, and Idaho in allowing its citizens this year to enjoy rights enshrined in the Second Amendment to the Constitution, bringing the total of such states to 12.

As Tim Schmidt, president of the U.S. Concealed Carry Association — which provides training and liability insurance coverage for its members — put it:

Keep reading…

Closing the Loop on the Surveillance State in America

This article was published by the McAlvany Intelligence Advisor on Wednesday, October 5, 2016:  

English: A surveillance camera at a traffic li...

A surveillance camera at a traffic light (mainly used to watch people)

In 2012 the Wall Street Journal published a 10-page warning about the surveillance state being enhanced through the use of license plate scanners. It showed that, with this final piece of the surveillance puzzle put into place, an individual’s private life can be built, observed, tracked, followed, and, when determined necessary, intercepted by federal agencies. Wrote the Journal:

Keep reading…

Feds Scanning License Plates of Gun Show Attendees

This article appeared online at TheNewAmerican.com on Tuesday, October 4, 2016:  

English: Houston Gun show at the George R. Bro...

As the Wall Street Journal reported, Immigration and Customs Enforcement (ICE) has has a program in place since 2010 to use license-plate readers to read the license plates of gun show attendees in southern California. The theory was simple: compare those scans to cars crossing the border into Mexico and — voila! — ICE could find potential gun runners who warranted further investigation.

But the ICE didn’t do the scanning.

Keep reading…

Congress Pushes Back Against Gunsmith Edict

This article appeared online at TheNewAmerican.com on Monday, October 3, 2016:  

English: Gunsmith counter at H&H Shooting Spor...

Last week, House Minority Whip Steve Scalise (R-La.) and Senator Steve Daines (R-Mont.) introduced a bill in their respective chambers that would effectively rescind the State Department’s “guidance” issued in July that would have forced many small gunsmiths out of business. The bill is not a direct confrontation but a demand that the authority of the State Department be transferred to the less anti-gun and more business-friendly Department of Commerce, according to Scalise:

Keep reading…

The “Ratchet Effect” at Work Once Again, This Time Against Gunsmiths

This article was published by The McAlvany Intelligence Advisor on Monday, October 3, 2016:

English: This image is of economist Robert Higgs.

Robert Higgs

In interpersonal relations, the ratchet effect has been called “What’s mine is mine; what’s yours is negotiable.” In politics it’s been called “Two steps leftward, one step back.” Robert Higgs, a Senior Fellow in Political Economy at the Independent Institute for nearly a quarter century, described the effect much more elegantly: once a crisis that calls for more government has passed, state power usually recedes, but it rarely returns to its original levels; thus each emergency leaves the scope of government a little wider than before.

Thomas Jefferson put it this way: “The natural progress of things is for the government to gain ground and for liberty to yield.”

The latest example is the State Department, through its Directorate of Defense Trade Affairs (DDTC), expanding its definition of “gunsmithing” so that it is called “manufacturing,” thus allowing it to

Keep reading…

Trump Expands List of Potential Nominees to Supreme Court

This article appeared online at TheNewAmerican.com on Monday, September 26, 2016:  

English: The United States Supreme Court, the ...

The United States Supreme Court in 2010.

In what could turn out to be a shrewd political move, Republican presidential candidate Donald Trump expanded his list of potential Supreme Court nominees on Friday. The timing, just before the first debate on Monday night, couldn’t be better. It sets the tone and part of the conversation of that debate and puts his opponent, Democrat contender Hillary Clinton, on the defensive: She has yet to provide voters with her official list of nominees for the high court.

In addition to the 11 nominees announced back in May by the Trump campaign are the following:

Keep reading…

Was CIA Director Brennan’s 1976 Vote for a Communist Just a Youthful Indiscretion?

This article appeared online at TheNewAmerican.com on Monday, September 26, 2016:

English: Founding members of the . Standing L-...

English: Founding members of the .Congressional Black Caucus

During a panel discussion Thursday at the Congressional Black Caucus Foundation’s annual conference, CIA Director John Brennan was trying to make the point that just because an individual has an “activist” background, that wouldn’t, or shouldn’t, keep him from working for the federal government in sensitive positions. After all, he said, the CIA hired him even after he admitted voting for a communist in the 1976 presidential elections.

In 1980, Brennan was trying to obtain a top security clearance for the Central Intelligence Agency, and part of the process involved taking a lie detector test. He was asked: “Have you ever worked with or for a group that was dedicated to overthrowing the US?” Brennan explained to the panel what happened next:

Keep reading…

Hillary’s Running Mate, Kaine, Is a Staunch Anti-gunner

This article appeared online at TheNewAmerican.com on Monday, September 12, 2016:  

Tim Kaine in 2008.

Tim Kaine

Virginia’s junior Senator Tim Kaine first earned public notoriety for his anti-gun ideology in 2000 when as mayor of Richmond he spent $7,000 of city funds to ship eight busloads of anti-gun supporters to Washington, D.C., to support the so-called Million Mom March against guns. The outcry was so vociferous that Kaine was forced to ask for private donations to repay the theft.

But he never recanted or apologized for the theft of the government funds, which the media called a “subsidy.” The Richmond Times Dispatch wrote that “Kaine defended the subsidy on the ground that Richmond always has supported stricter gun laws,” while adding, “I can’t think of an issue I’d rather be aligned with than this.”

The month before being picked by Hillary Clinton as her running mate in the campaign for the presidency, Kaine was at it again. In June he announced his support in the Senate for efforts to allow the federal Centers for Disease Control (CDC) to use taxpayer funds to advocate for gun control. As the NRA noted:

More than 15 years after being rebuked for squandering taxpayer dollars on gun control advocacy as mayor of Richmond, Kaine is still eager to attack gun owners’ rights by any means at his disposal, and he still isn’t above looting the public treasury to do it.

The primary backer of the original Million Mom March (which fizzled the second year when just 200 backers showed up) was the Bell Campaign, which supported all manner of Second Amendment infringements including rationing of the purchase of guns to one every month, a ban on the most popular semi-automatic rifles and their magazines, the licensing of all firearm owners, and plain out-and-out federal gun registration. In regard to the precious Second Amendment, the Bell Campaign was dismissive: “The Second Amendment does not, and never did, protect the private ownership of guns for private purposes.”

Also in June Kaine joined about three dozen other anti-gun members of Congress in a 15-hour filibuster on gun control following the Orlando night club shooting.

That means that Kaine is in complete agreement with Clinton’s promise, if elected, to nominate Supreme Court justices to “correct” the “wrong” decisions in the Heller and McDonald cases.

In April of 2007, following the Virginia Tech massacre, Kaine took advantage of the still-simmering public outrage, saying that he (according to the Roanoke Times) “thought the time might be right to press the General Assembly to address the [so-called] gun-show loophole.” This “loophole” presently allows people meeting at a gun show to buy, sell, or trade firearms without going through a background check. Properly described, the “loophole” is simply a private transaction between consenting individuals without government oversight or approval.

But abrogation of such rights didn’t matter. Something had to be done, and picking on law-abiding gun owning citizens as a way to channel public sympathy and outrage into his anti-gun agenda would serve nicely. Expanding background checks to include every soul in the state wouldn’t have prevented the Virginia Tech massacre since the shooter, Seung-Hui Cho, obtained his firearms legally following a background check.

In September 2015, Kaine tried again, this time taking advantage of the public outcry over the murder of news reporter Alison Parker by Vester Lee Flanagan. Kaine upped the ante by pressing for a bill that (again, according to the Roanoke Times) “would make gun sellers criminally liable to a bad sale if they didn’t take reasonable, affirmative steps to determine [if] the customer met federal criteria.”

Kaine has also attempted to eliminate traditional gun shows in his state while rejecting legislation that would have made it easier to obtain a concealed carry permit. When legislation was passed that would exempt active-duty service members from Virginia’s one-handgun-a-month law, he vetoed it.

With his extensive anti-gun background (he supports limiting the capacity of magazines to carry just 10 rounds, while also supporting an amendment proposed by California Democrat Senator Dianne Feinstein to ban all semi-automatic firearms that accept a detachable magazine — that would mean banning nearly all of them outright), it’s no wonder that Kaine holds a 100-percent rating from the Brady Campaign to Prevent Gun Violence and an “F” rating from the National Rifle Association.


If Hillary Falters, Kaine Will Move Her Anti-gun Agenda Forward

This article was published by The McAlvany Intelligence Advisor on Monday, September 12, 2016: 

Governor Tim Kaine of Virginia.

Tim Kaine

Even as concerns over Hillary’s health continue to grow, alternative media websites are putting disclaimers on articles suggesting that she is hiding Parkinson’s Disease. For example, Inquisitr.com warns its readers that Reno Berkeley’s report “is entirely the opinion of Reno Berkeley and does not reflect the views of the Inquisitr.” Concluded Berkeley:

Keep reading…

Many of the articles on Light from the Right first appeared on either The New American or the McAlvany Intelligence Advisor.