Archive for July, 2016

Questions Regarding the American Solidarity Party

Posted in Poli-ticks on 20160730 by Avenging Sword

A friend of mine has recently joined the American Solidarity Party (ASP).  Being mildly curious about this organization – of whose existence I was, until recently, unaware – I decided to peruse its platform to see what it was all about.  My reading of this document left me with several questions.  These first two concerned issues on which the ASP’s platform was apparently silent.

  1. What is the ASP’s position (if any) on gun-related issues? E.g., Concealed carry, universal background checks, gun registration, assault weapons bans?  What about proposals to expand restrictions on firearms possession by certain persons (e.g., DUI offenders, persons on terror watchlists, “gun violence restraining orders”).
  2. Does the ASP consider birthright citizenship for U.S.-born children of illegal aliens, transient aliens, and/or aliens generally to be constitutionally-mandated by the Fourteenth Amendment’s Citizenship Clause?
  3. In the ASP’s view, what role (if any) should the original public meaning of the Constitution play in constitutional law?

These other questions concerned particular aspects of the platform (in quotation marks):

  1. We oppose conscription into the armed services and other forms of compulsory government service . . . .” Does this include jury duty?
  2. We will work to restrict the legal construct of ‘personhood’ for organizations and corporations.” What sort of “restrictions” on corporate personhood does the ASP favor?
  3. We advocate a tax shift from earned income (wages and interest) to unearned income (economic rent).” How is “unearned income” defined; does it include dividends, interest, rental income from rental properties?  What magnitude of tax rates are we talking about?
  4. We advocate . . . legal accountability for the misrepresentation of facts in political advertising.” What form would this “accountability” take, and would it be consistent with existing First Amendment case law?
  5. We insist on legal protection for occupational safety . . . .” How is this different from what OSHA currently does?
  6. We oppose government censorship of the media and the internet.” Does “censorship” include laws prohibiting obscenity and child pornography?
  7. We support stricter controls on consumer credit, including limits on interest and regulation of credit-card companies and payday-loan and title-loan stores.” What sort of “regulation” does the ASP favor for credit cards and payday loans?  Besides interest-rate ceilings, what other “stricter controls” does the ASP favor for consumer credit?

DUIs and Gun Possession

Posted in Law on 20160711 by Avenging Sword

In recent years, some have recommended banning gun possession by persons with one or more DUI convictions.[1]  Such recommendations implicitly assume that current federal and state laws largely fail to impose such a ban.[2]  This assumption, however, appears to be incorrect.  In the District of Columbia and every state (except perhaps one), either federal or state law explicitly or implicitly bars gun possession by persons with multiple DUIs.[3]

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