An 18-Year-Old Congressional Authorization Shouldn’t Enable A New War

The Daily CallerUnlike many of the pieces of legislation I considered as a member of the House of Representatives from 1995 to 2003, the joint resolution I and 419 of my then-colleagues voted for on Sept. 14, 2001, was short and straight-forward. The authorization for the use of military force (AUMF), signed into law four days later by President George W. Bush, was limited in time and scope. It allowed the United States to take military action against those individuals, governments and organizations responsible for the terrorist attacks of Sept. 11, 2001.That goal was accomplished long ago. Yet here we are, 18 years later, and that single authorizing paragraph is once again being considered as legal justification for using American armed forces; this time possibly against Iran.The dogged longevity of the AUMF is a towering example of how, in this 21st century, the Congress largely has abdicated any responsibility to determine our nation’s conduct of international affairs, especially when those actions involve matters of national security and the military.While Congress may from time to time become quite vocal in critiquing a president’s handling of national security matters, when push comes to shove, members of both houses of the Congress fall largely silent; and in so doing, permit the president to engage our nation’s armed forces based on the flimsiest of legal authority, if any.The AUMF was considered and passed by the Congress in the immediate aftermath of 9/11. It was unquestionably justified by the horrendous terror attacks on that date. Specifically, the Resolution authorized the president to use whatever means he deemed necessary, including military force, “against those nations,...

Lawmakers Are Clamoring To Make Firearm Manufacturers Liable For Other People’s Crime

The Daily CallerDemocrats — now in control of the House of Representatives and apparently assuming that gun control will sweep their party to victory at all levels in next year’s elections — have resurrected a plan to punish firearm manufacturers and retailers when individuals commit crimes with firearms.The plan would single out firearm manufacturers and retailers for liability beyond what is typical in other industries — a fact ignored, of course, by the legislation’s proponents.The debate over whether a manufacturer or a retailer of a lawful product should be held liable if a subsequent user of the item misuses it criminally or negligently is not new. Even prior to our independence from Great Britain, it was an established principle that individuals and businesses engaged in lawful commerce involving lawful products would be shielded from liability, unless the products were manufactured negligently or transferred under circumstances in which their misuse or abuse was known or reasonably foreseen.That fundamental principle embodied in British common law has remained a cornerstone of American jurisprudence for decades. With few exceptions (largely resulting from the expansion of the regulatory state over the past century), the general rule protecting businesses against subsequent abuse of their products has held fast.However, beginning in the 1990s, gun-control advocates launched a drive to change that long-standing principle of lawful commerce, as it applied to firearms. Individuals and organizations supportive of extensive gun control, including some funded by former New York Mayor Michael Bloomberg, sought out federal and state judges similarly predisposed, and began suing firearm manufacturers and retailers.The costly legal actions (which put many “Mom and Pop” retailers out of...

Census Nonsense

Townhall.comAfter a contentious debate between southern and northern states about how to count slaves towards the apportionment of congressional representation and taxation, known as the “Three-Fifths Compromise,” our Founding Fathers probably thought the actual mechanism of counting heads to be the easy part. In fact, the origin of what is known today as the U.S. Census comes from a single line in Article 1, Section 2 of the U.S. Constitution. Today, in the era of Big Government and Bigger Partisanship, the Census is anything but simple and straightforward; and has become a major flashpoint in the increasing politicization of what was intended to be a mere headcount of the population. Rather than a few questions about the number of people in a residence, and basic demographics to create a broad snapshot of the American population at a moment in time, Census questions have expanded to include invasive prodding into citizens’ lives, such as when a person goes to work in the morning, and how much they pay in rent.However, it is not the intrusiveness of the manner by which the Commerce Department (which administers the census) collects massive information on individuals that has roiled the waters in which this decennial census will be taken. Rather, it is the heretofore a simple question of “citizenship” — which was included in the census as far back as 1820 — that has caused liberals to rise up. Short-tempered liberals are accusing the White House of ulterior motives in wanting to include the question of “citizenship” on the 2020 Census; never mind that the 2000 census undertaken by the Clinton administration asked this very thing. Democrats now...

Northam Genuflects To The Gun-Control Movement

The Daily CallerIn a move to burnish his already well-known anti-firearms credentials, Virginia Gov. Ralph Northam has unveiled a list of gun control measures he will press the commonwealth’s legislature to adopt in a special session as early as late June. Predictably, his proposals miss the mark widely.While Northam’s announcement came within days of the May 31st shooting rampage in Virginia Beach by a former municipal worker, the proposed measures reflect steps that already could have been taken by government officials, or consist of proposals that would not have prevented the murderer’s actions. Unsurprisingly of course, facts and substance took a back seat to political and emotional triggers.Unlike the mass murderer in Parkland, Florida last year — who exhibited clear evidence of mental problems and of an intent to commit murder by firearms — Virginia Beach killer DeWayne Craddock appears to have had no known or visible history of violence or of intent to engage in such horrific acts as he did. The “red flag law” Northam demands — which seriously undermines fundamental guarantees of due process as embodied in the Bill of Rights — would not have been applicable to Craddock.Northam predictably includes mandatory “universal background checks” among the proposed solutions to mass murders such as committed by Craddock. However, by all accounts, there was nothing in Craddock’s background that would have prevented him from legally acquiring — as he did — the pair of handguns that were the instruments of his evil.The governor takes aim also at “high capacity” magazines and “silencers” (one of which apparently was used by Craddock) among the “common sense” prohibitions deemed necessary...

The Left’s Staggering Superficiality About Firearms

Townhall.comWe defenders of the Second Amendment are no stranger to disinformation and ignorance by the Left when it comes to issues regarding firearms in America.  Former Mayor Michael Bloomberg’s “Everytown for Gun Safety” routinely manipulates gun violence statistics to fit its narrative. The mainstream media still appears willfully ignorant about what is an “assault weapon,” even though they use the term amply in their reporting. And, who can forget Virginia state Delegate Joe Morrissey’s inane rant against gun violence while holding an AK47-style rifle as fellow members pleaded with him to remove his finger from the trigger (a basic rule of gun safety).Yet, an editorial from the Washington Post last weekend sets a new standard for mind-boggling superficiality when it comes to the Left’s lack of understanding about firearms. The editorial itself is a laughably weak criticism of sound suppressors like the one used in last week’s tragic mass murder in Virginia Beach; but one paragraph in particular truly catches the knowledgeable reader’s eye. The author is Juliette Kayyem, a faculty chair of the homeland security program at Harvard’s Kennedy School of Government; and she writes, “In terms of death-to-time ratio, single-shot weapons are preferable to multi-round handguns and handguns are preferable to the semiautomatic, and the favorite of mass shooters, the AR-15.”Say what? In no way whatsoever does this text make any sense; not mechanically, not factually, and not even grammatically. Still, Kayyem doubles-down on her polemic by boasting on Twitter that her critics were simply “mansplaining” firearms to her because she “know[s] something about guns.” Her editorial suggests otherwise.However, the incoherence of Kayyem’s screed and the smugness with which it is delivered, are par...

Red Light Cameras Headed to the Graveyard of Bad Ideas

Townhall.comWhen America’s first red light camera system was installed in Jackson, Mississippi in 1992, it was hailed as the beginning of a program that would save lives, improve driving skills, and free police officers from having to monitor busy intersections.  The devices sprang up at intersections in cities large and small across the country; fueled by the huge amount of money the devices generated for local governments (and for the private companies that actually owned and operated the cameras and the accompanying software). Defense lawyers, civil libertarians and privacy experts raised serious concerns about the constitutionality of the devices and questioned the manner by which fines were being levied on owners of vehicles nabbed by the electronic cameras. Many complaints focused on the fact that the devices were designed more to generate revenue than for safety. Not surprisingly, however, when questioned about the propriety or legality of charging drivers with expensive traffic offenses, local officials would claim with straight faces that revenue was not the primary – or even a secondary – reason for installing and using the devices; and the money kept rolling in.But something odd was happening at many of the intersections monitored by red light cameras.  Even as the number of citations issued for running a red light at such locations increased dramatically, so too did accidents.  Studies of this counter-intuitive phenomenon revealed that at camera-monitored intersections, accidents were occurring because drivers – fearful of being caught on camera slipping through a light just before it changed from yellow to red – were slamming on their brakes, and either rear-ending the vehicle in front of them, or...