With Liberty and Justice for Some
Fincher- outside the main stream and not a fashion-plate.
Hollis Wayne Fincher will go on federal trial today for the "crime" of possessing two homemade machine guns. Fincher is 60 years old and has never been convicted of anything more serious than a traffic violation. The federal law he is being prosecuted for breaking hinges on the feds constitutional authority to regulate "interstate commerce", which is ridiculous in this case.
Also, as Jason Sheppard points out with very compelling logic in the previous post, it was long ago ruled that the rights of one entity should not be taxed by another, for "the power to tax is the power to destroy". If "B" can tax "A" for exercising their right, then "A's" right is at the practical mercy of "B". The same reasoning can be applied to why courts threw out the modest "poll tax". As a practical matter it put an undue burden on the poor, which hinders them in exercising a right.
Crazy judges who hallucinated the "right to an abortion" in the constitution have frequently rejected even modest measures like a 24 hour waiting period on the grounds that the "time tax" if you will, puts an "undue burden" on a person who desires to exercise this imaginary "right". Yet somehow no judge to date has made the obvious connection as regards to the EXPLICIT right to bear arms and the federal government mandating costly "permits" before we can legally exercise that right. Fincher could contend that paying $400 or more a year to the federal government to exercise a "right" that "the people" are explicitly granted in the constitution is an "undue burden".
So the just thing to do is obvious here. The principles and precendents are obvious. Logic, reason, and a clear reading of the Constitution of the United States makes the just thing to do obvious. But the longer this case goes on in the court of public opinion, the less I see those who want Fincher sent to prison argue the law. Instead, I see a different and dangerous tactic in the war for public opinion.
(continued- click TUESDAY below and scroll down for article, or if sent straight here just scroll down)