With Liberty and Justice for Some
Fincher- outside the main stream and not a fashion-plate.
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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)
posted by Mark Moore (Moderator) at Tuesday, January 09, 2007
2 Comments:
I don't hear those who want to throw Fincher to the wolves argue the constitutionality of the case anymore. Instead, I hear snide references to Fincher's physcial appearance and the fact that he is a leader in a so-called "militia group" that is far outside the social mainstream.
Ok, so Fincher is never going to be featured in "Celebrate Arkansas". So he doesn't look like Tara Connor- the Miss USA who got a "2nd Chance" from Donald Trump. Are our "rights" just for the people in our social circles? Are they just for people who dress well and who we would like to invite to our parties?
It is very dangerous, and unrighteous, to sneer when someone who is not in your social class is mistreated by your government simply because they are not of your class. Don't count on always being apart of the "in crowd", a lot who think they are now are mistaken.
Here is what will happen one day: the government will confiscate your wealth in outrageously high taxes or unfair regulations that will destroy your business. You will wail and complain that it is not right. You will appeal to the masses for justice. The folks from the other side of the tracks in that day will sneer at you, just as you sneered at them when they were getting stepped on by the government.
All but a few of them that is. All but men like Hollis Wayne Fincher. He is liable to be upset that the state is doing ANYONE wrong, because I can tell he is the kind of guy who stands on principle. So Fincher would care about the rights of even those people who are subtly suggesting that we ignore his plight because he is "a nut" or because of his appearance.
So you tell me, who's the better person here?
Poem by Martin Niemoeller:
When the Nazis came for the communists,
I remained silent;
I was not a communist.
When they locked up the social democrats,
I did not speak out;
I was not a social democrat.
When they came for the trade unionists,
I did not speak out;
I was not a trade unionist.
When they came for me,
there was no one left to speak out.
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