Enter the useful
innocent. That's Peter King, another well-meaning and hopelessly
befuddled Republican who can't help assuming good faith on the
other side of the aisle. His song this year: due process is no
longer useful to society, and we should therefore dispose of it by
legislating that persons included in the government's so-called
"Terrorist Watch List" be stripped of civil rights. This is business as usual for his Democrat counterpart, but I've
never understood how anyone can entertain Frank Lautenberg's jazz.
Cliff May, however, applauds their effort, and writing for
ScrippsNews asks why
can't we keep guns from terrorists?
In his article he
exasperatedly explains that denying property to citizens whom the
government dislikes--but against whom it cannot find evidence of
criminal activity, or even conspiracy--will save the American people
from terroristic violence like the attack in Mumbai in 2008. He
posits that such reasonable regulation in India would have prevented
those events from occurring. Additionally, he expertly anticipates
the public outcry concerning human rights and due process, and calms
it, writing: "if someone gets on a terrorist watch list by mistake,
his right to bear arms will only be delayed, not denied." Poor
little Pollyanna.
The whole of his
claims hang on the premise that the lack of regulation initiated the
events in Mumbai, yet does not allow for consideration of other
hypotheses. Furthermore, he has observed the correlation between the
possession of weapons by the terrorists who attacked Mumbai in 2008
and the murder of Indians in that attack; but he's mistaken it as
evidence of causality, and has as well confused himself with his
reification of the prophesied Mumbai: Part Deux (coming soon to an
American place near you). Both Mr. May and the politicians whose
reasoning he champions in his article clearly suffer multiple
cognitive biases, too to many deal with entirely in this article.
I'll list those most debilitating to their argument, which include:
irrational escalation; unfortunate wishful thinking; availability
heuristic; illusory correlation; embarrassing entrapment by the
just-world fallacy; and an overall premise supported by an appeal to
(hypothetical) consequences.
Although
it is the most egregious error in reasoning, the lattermost can be
most easily summated: the author's assertion that because the imaginary outcome of its
dismissal is emotionally moving, the proposed legislation is therefor not illegal. Interestingly, this also invokes
Liefschultz's 1st
Principle of Conservative Logic--ignore public policy suggestions
historically imposed upon population groups that were shortly
thereafter the victims of genocide--but that is a discussion for
another post. Onward.
If a U.S. citizen is
suspected of a crime, then that's interesting (and nothing more). If
he's been indicted and arraigned, then some birthrights he might see
reasonably suspended. However, the current bid to change history
doesn't withstand reason (nor case law), but before rejoicing in
the obvious, consider the facts in evidence, if only for fun, and as
if the proposal had the potential its sponsors imagine.
There are more than
one million entries on the "Terrorist Watch List" according to
FBI. There is no judicial review, no
appeal for removal from the list. There is no judicial process by
which one's identity is added to the list. In fact there is no
official avenue for data either on or off; names are added and
removed at the whims of unknown bureaucrats within the Department of
Justice. Even if there was an official map, a codified appeals
process would be of little use because the contents of the list are
classified variously from Confidential to Top Secret, and therefore
blacklisted persons are statutorily disallowed to understand their
predicament. The only reason why the Constitution hasn't already
kicked Frank Lautenberg's teeth out, and bent the rest of the
government over a table, is that presently inclusion on the blacklist
doesn't officially limit any person's rights--humans aren't
entitled at birth to travel by commercial airlines--and so the
matter hasn't received the attention of the courts.
As far as "Mumbai
in 2008" is concerned, does the fact that there has never been a
documented use of licensed, legally possessed firearms in a terror
attack in India (not ever) support Lautenberg's adorable reasoning,
or does it make us scratch our heads and ask, "then why,
Frank?"
Is it of interest
that the weapons used in the attack in Mumbai are imports,
unavailable to the small market of Indian civilians able to finesse
their way into receipt of firearms licenses? I'm talking about
late model AK-47 rifles, short-barreled automatic military production
weapons, and not the semi-automatic Balkan playthings that you and I
own.
Does it lend weight
to the argument that the U.S. and Indian governments determined that
the attacks were too sophisticated to have been executed without the
assistance of a foreign government (both fingered Pakistan)? See:
"Gunman in Mumbai Siege a Pakistani, Official
Says". The New York Times 1/7/2009 by Masood, Oppel
So, in the midst of
only-for-special-people gun laws, by which every firearm
purchase/license/fond dream is subject to governmental approval on a
case-by-case basis, guess who suffered anyway--the folks in Mumbai.
Guess who was served
by the reasonable, failsafe firearm prohibitions in India--ten
terrorists from Pakistan.
Guess who was
slaughtered in a Mumbai-style terror attack despite Lautenberg-style
weapon prohibitions--the folks in Mumbai.
Having analyzed the
facts in evidence, I do not understand--nor am I willing to
entertain any dreamy arguments otherwise--what the 2008 attack in
Mumbai has to do with the civil rights of people in the United
States. I do recall two incidents in 2009, in which mentally ill
jihadists attacked domestic Army installations with personally owned
weapons, at the instruction of foreign terrorist organizations. It
was too bad for the shot-to-death meat (victims), and lucky for the
terrorists that U.S. Government-controlled properties, particularly
domestic military installations, are the least likely places to find
loaded weapons.
Other places
well-advertised as free of firearms include K-12 schools and the
majority of post-secondary institutions. Apart from domestic
terrorism All-Stars Abdulhakim Mujahid Muhammad and Nidal
Malik Hasan, many people suffering mental illness without help from
Islam have noted the allure of statutorily disarmed populations, the
raw appeal and guarantee of encountering absolutely no resistance
from their targets. I'm reminiscing about the many school
shootings that ended quickly when the perpetrators were put down by
their intended victims, but can't bring to mind a single incident.
I only recall a list of violent episodes in which the attackers had
their way without interruption for at least twenty minutes. What's
curious is that, just in the last month, I've read four accounts of
home- and business owners defeating armed assailants, and what seems
a tremendous bonus: the home- and business owners were not savagely
murdered.
This of course cultures a startling question, i.e. "how can it
be?"
After some fact
rechecking via Google, I ascertained from the original news coverage
that in each incident the intended victims used weapons to rescue
themselves from certain peril, and now I'm conflicted. The
wishful, utopic side of my brain wants to draw upon my abundant
emotion and recognize that the news articles are false, and that it's
impossible that those armed people fared better than the massacred
students, because schools are frequented by smart people who vote the
right way, and what the articles suggest would be unfair, improper
karma, and cosmically incorrect.
Contrarily, the
rational, empirically grounded, conservative side of my brain deduces
that attacks in homes and workplaces are frequently recounted by
armed survivors, whereas those in schools consistently produce
unarmed victims (meat). How very curious. While it's good to let
the long-estranged halves of my brain bandy data once in a while, it
doesn't address the primary fallacy of King and Lautenberg's
amusing but ultimately useless rain dance.
The small yet
stalwart population still clinging to literacy will notice that,
according to the Constitution, the federal government has no rights.
As the Nation's dwindling class of readers knows, this is an
immovable fact, and
the Constitution only codifies the obvious. It also describes
non-negotiable limits to the government's authority--which may be
appropriately amended, but not otherwise weakened by Congress. It
does not stipulate that the United States are prohibited from
violating persons' rights unless an executive agency publishes a
regulation suspending them. Nor does it stipulate that Congress may
create a governmental agency and insist upon it being empowered to
nullify the Constitution. Nowhere in the Bill of Rights appears the
language "except in such times that the President or his designee
prefers otherwise".
The gentlemen from
New York and New Jersey imagine themselves to be taller than they
actually measure. According to the Constitution and the rulings of
the Supreme Court--and assuming that either is of concern--Congress
is not empowered so far as their scheme requires. Also of certain
moment is the fact that reality does not lend itself to their cause.
Despite numerous federal laws criminalizing acts of terror, it's
obvious that by some strange voodoo people have committed and
continue to pursue terrorism in the United States.
This is especially
curious, considering the attractive typeface and quality ink in
which the laws are manifested in the United States Code. It is not
known definitively how this phenomenon works, but it is suggested
that it relates to the same mysterious forces which enable persons to
rob banks despite numerous protective spells registered by Congress,
as well as individual states' legislatures. How very curious. It
reminds me of an incident last year in which Minneapolis police
officer Timothy Edward Carson somehow robbed a bank by threatening
the staff with a firearm, even though there was an enchantment posted
at the entrance which stated, "Bans Guns in These Premises".
As is tradition,
Frank Lautenberg is insisting that Congress double down on the
make-believe of its magic, and another imbecile
with a heart of gold
Republican
has followed candy into a stranger's van. According to King,
it's "common sense".
Beware of good
ideas.
© 2011 Liefschultz