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Clayton Cramer's BLOG

Clayton's commentary on news and events of the day. Broadly speaking, I'm a conservative with libertarian sympathies (getting more conservative as my children get older).



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Saturday, March 08, 2008
 
Obfuscating Clear Language

The Petitioner's Reply brief in the D.C. case cites a new law review article by Nathan Kozuskanich in the University of Pennsylvania's Journal of Constitutional Law, clearly intended to blunt the evidence that Joe Olson and I found that "bear arms" was widely used in both a military and a civilian context. Most importantly, we demonstrated that U.S. Supreme Court Justice James Wilson, who was also the primary author of the 1790 Pennsylvania Constitution, understood the "bear arms" provision of that Constitution as protecting an individual right to be armed for self-defense. This demolished Kozuskanich's already weak claim in Rutgers Law Journal that the phrase referred only to a collective defense of the community, as I discuss here.

This new Journal of Constitutional Law paper by Kozuskanich is, if anything, even weaker. It was a rush job, and it shows--especially because it contradicts its own claims in some places.

First of all, let me point out that the header of each page says:
DRAFT 03/03/2008 CITE ONLY WITH PERMISSION
In an academic setting, this means, "I may still have some mistakes here--don't cite it yet, because I may still be fixing things here and there." If this were simply an academic question, there's no argument about what to do--you only cite this draft with permission. But the Petitioner's Reply brief has cited it, and obviously, Kozuskanich has no intention of allowing anyone to cite it to point out what a shoddy and dishonest piece of work it is. As I have already pointed out here, Kozuskanich has engaged in what I would argue is academic fraud by citing Bellesiles's Arming America concerning gun scarcity in early America--without acknowledging that the claim in question has been demonstrated to be fraudulent. Indeed, the probate data that underlay Bellesiles's claim is part of why he "resigned" a tenured position at Emory University and Columbia University revoked the Bancroft Prize awarded for Arming America.

What are some of the serious problems with Kozuskanich's new work?

1. After a long discussion of how just about every reference in contemporary documents is to "bear arms" in the sense of collective defense (i.e., as part of a militia), on p. 431 Kozuskanich quotes Representative Sherman that it was the
privilege of every citizen, and one of his most essential rights, to bear arms, and to resist every attack made upon his liberty or property, by whomsoever made. The particular states, like private citizens, have a right to be armed, and to defend, by force of arms, their rights, when invaded.
Kozuskanich is using this as evidence that lends
credence to a civic interpretation of the right to bear arms. Bearing arms was a privilege, a right, and a duty, and one that was integral to the survival of the militia.
Yet Sherman was not saying that the right to bear arms was limited to militia duty; he drew an analogy between the right of "every citizen" (singular, you notice) to be armed to protect "his liberty or property" and the right of "particular states, like private citizens" to be armed to defend the rights of the state.

That phrase "by whomsoever made" isn't limited to enemies of the State. It could even include "every citizen" defending his liberty or property from the State itself, under certain dire circumstances.

2. Kozuskanich acknowledges on p. 437 that James Wilson used "bear arms" in the 1790 Pennsylvania Constitution in an individual sense, but argues that the meaning of the phrase "changed in subtle ways" between 1776 and 1790. Yet on pp. 439-441, he makes the argument that Wilson really meant it to only be used in a militia sense. I guess we should ignore Wilson's own direct statement quoting the Pennsylvania Constitution's "bear arms" clause as protecting an individual right for self-defense. (See here for more details.)

3. Kozuskanich argues on pp. 441-3 that "self-defence" was more commonly used with respect to states in that period, and therefore that is the meaning that should be we should ascribe to the phrase--not individual self-defense. Yet he does acknowledge that there are some occasions when the phrase is used to refer to individual self-defense. Could perhaps the reason that the phrase is commonly used in the Revolutionary period to refer to the States and the United States fighting against Britain is because this was the major issue confronting Americans at the time?

There is certainly no shortage of references to self-defense in the period 1760 to 1800. For example, William Paley's The Principles of Moral and Political Philosophy, 12th ed. (London: R. Faulder, 1799), 2:3, is devoted to a discussion of self-defense in a strictly individual sense of the word. Ditto, Sir Geoffrey Gilbert's The Law of Evidence (London: A. Strahan and W. Woodfall, 1791), 2:736. Blackstone's Commentaries on the Laws of England, 13th ed. (London: A. Strahan, 1800), 3:4 also clearly states that self-defense is an individual right:
Self-defence therefore, as it is justly called the primary law of nature, so it is not, neither can it be in fact, taken away by the law of society. In the English law particularly it is held an excuse for breaches of the peace, nay even for homicide itself: but care must be taken, that the resistance does not exceed the bounds of mere defence and prevention; for then the defender would himself become an aggressor.
4. On p.443 Kozuskanich points to a case where a Dr. James Reynolds was tried for "assault with intent to commit murder" and that neither prosecution nor defense "considered Reynolds's possession or use of his gun to be a matter of constitutional law." Well, yes, because he wasn't charged with possession of a gun, but "assault with intent to commit murder." The prosecution quoted Blackstone to the effect that you couldn't use deadly force if you had the opportunity to escape. And this proves what? The right to bear arms for self-defense didn't change the requirement to avoid using deadly force if you had that option.

What is significant is that Reynolds knew full well that carrying a pistol was lawful. From John D. Lawson, ed., American State Trials: A Collection of the Important and Interesting Criminal Trials... (St. Louis: F. H. Thomas Law Book Co., 1917), 7:691:
In this situation, Dr. Reynolds did not lose sight of prudence; he asked advice how he ought to act in such a singular case, and he was advised to arm himself; he said he would arm himself with a pistol; but the gentleman told him that a pistol was an uncertain defense, it was liable to so many accidents; a dirk was a more secure weapon of defense; Dr. Reynolds, however, contented himself with carrying a pistol. And in this he was justified by every law, human and divine. [emphasis added]
Kozuskanich uses the jury's acquittal of Reynolds (who drew his pistol only after an attempt was made by a mob to prevent him from speaking) to argue that:
The case clearly demonstrates that using a gun in self defense was legally different from bearing arms in "defense of themselves and the state."
But it demonstrates nothing of the sort. The only legal question in this case of relevance to being armed was whether Reynolds had threatened to use deadly force when he had the option of retreating. Reynolds' right to be armed was never in dispute. Unsurprisingly, neither side had any reason to raise the Pennsylvania Constitution's arms guarantee.

5. I know that Kozuskanich has read the paper by Joe Olson and myself that gives a large number of non-military uses of "bear arms." I know this because Kozuskanich attempted (unsuccessfully) to get a paper published in the same issue of Georgetown Journal of Law and Public Policy that was publishing our paper. Yet the only examples that Kozuskanich mentions are the Pennsylvania Antifederalists, and James Wilson. The alternative would be to try and explain each and every one of the examples of "bear arms" in a civilian sense that we found. This complete failure to address the very large number of examples is effectively Kozuskanich putting his fingers in his ears and screaming, "I can't hear you" in the hopes that our many examples will go away.

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Friday, March 07, 2008
 
The Pure Sleep Antisnoring Device

I saw the ad for this on TV. It is an oral appliance that apparently pulls the lower jaw forward to eliminate snoring. It costs $59.90 plus shipping, and has a 30 day money back guarantee. In spite of how well I now sleep (because of the sinus surgery some years ago, and the Breathe Right strips), I still snore--loudly enough that when we traveled with the kids, my wife would usually take refuge in the kid's room.

I am hoping it arrives before we fly back to Washington for the Supreme Court hearings. It would be lovely if my wife wasn't awakened multiple times during the night--which means that I get awakened multiple times during the night. "Roll over!"

The website asks a bunch of questions to screen out people with TMJ and other jaw joint problems.

UPDATE: Short answer: it didn't work for me, so I returned it.

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Kozuskanich's Rutgers Law Journal Paper

Nathan Kozuskanich is part of the academic establishment intent on proving that the Second Amendment doesn't protect an individual right. Last year, he claimed that the 1776 Pennsylvania Constitutution's guarantee:
XIII. That the people have a right to bear arms for the defence of themselves and the state;
protected not an individual right for self-defense, but an obligation to serve in the militia. This has been a recurring claim of the collective rights crowd, by the way--that "bear arms" refers not to an individual right, but only a collective or militia right.

This seemed rather strange to me, for two reasons. First of all, because the language of Art. XIII parallels that of other provisions of that constitution that are generally understood as individual:
X. That the people have a right to hold themselves, their houses, papers, and possessions free from search and seizure, and therefore warrants without oaths or affirmations first made, affording a sufficient foundation for them, and whereby any officer or messenger may be commanded or required to search suspected places, or to seize any person or persons, his or their property, not particularly described, are contrary to that right, and ought not to be granted.

...

XII. That the people have a right to freedom of speech, and of writing, and publishing their sentiments; therefore the freedom of the press ought not to be restrained.

...

XVI. That the people have a right to assemble together, to consult for their common good, to instruct their representatives, and to apply to the legislature for redress of grievances, by address, petition, or remonstrance.
Notice what all of these clauses protecting individual rights have in common with Art. XIII? The same opening: "That the people have a right...."

Even worse, if Art. XIII was supposed to protect not an individual right--but an individual duty to militia service--why is Art. VIII in the 1776 Pennsylvania Constitution?
VIII. That every member of society hath a right to be protected in the enjoyment of life, liberty and property, and therefore is bound to contribute his proportion towards the expence of that protection, and yield his personal service when necessary, or an equivalent thereto: But no part of a man's property can be justly taken from him, or applied to public uses, without his own consent, or that of his legal representatives: Nor can any man who is conscientiously scrupulous of bearing arms, be justly compelled thereto, if he will pay such equivalent, nor are the people bound by any laws, but such as they have in like manner assented to, for their common good.
If Art. XIII created an obligation to militia duty, then why was Art. VIII (which explicitly does obligate "every member of society" to either pay taxes or serve in person) in there as well? Which is more likely? That Art. XIII duplicates Art. VIII, or that Art. XIII means what it seems to mean?

Secondly, I also pointed out to Kozuskanich that there were a lot of contemporary uses of "bear arms" to refer to the carrying of arms in an individual, non-military sense. I pointed out to Kozuskanich that James Wilson, U.S. Supreme Court Associate Justice, and the primary author of Pennsylvania's 1790 Constitution, gave a speech in which he used the similar language in a way that is unmistakably individual:
With regard to the first, it is the great natural law of self preservation, which, as we have seen, cannot be repealed, or superseded, or suspended by any human institution. This law, however, is expressly recognized in the constitution of Pennsylvania. “The right of the citizens to bear arms in the defence of themselves shall not be questioned.” This is one of our many renewals of the Saxon regulations. “They were bound,” says Mr. Selden, “to keep arms for the preservation of the kingdom, and of their own persons.”

James Wilson, Bird Wilson, ed., The Works of the Honourable James Wilson, L.L.D. (Philadelphia: Lorenzo Press, 1804), 3:84.
Kozuskanich insisted that he had the evidence to support his claim, and I would just have to wait until it appeared in Rutgers Law Journal. More importantly, he was not even slightly curious about the other evidence that I had. I guess that's why I'm not a professor--I was intensely curious to know what evidence Kozuskanich had to support his position; he wasn't even slightly curious about what I had. Oh well. Joe Olson and I put together an awesome paper on the subject of "bear arms" which will be appearing in the Georgetown Journal of Law & Public Policy, Vol. 6, No. 2, 2008 shortly.

Anyway, it appears that Kozuskanich's Rutgers Law Journal article came out some months back, but I have just found it and read it. It is a very detailed and interesting discussion of the struggles between the Quakers and non-Quakers of Pennsylvania over whether to have a Colonial militia or not--but as evidence to support Kozuskanich's claims about "bear arms," it is embarrassingly bad.

1. He cites Bellesiles' Arming America in note 38 as a source for the claim that guns were pretty scarce. He then tells the reader, "For more detailed studies of gun numbers that contradict Bellesiles" and cites the Lindgren & Heather paper in William and Mary Law Review, and Randolph Roth's William and Mary Quarterly paper.

At no point does Kozuskanich acknowledge that Bellesiles was not simply wrong, but a fraud. Bellesiles's own university investigated the allegations--and issued a report so critical that Bellesiles resigned a tenured position. Columbia University had given Bellesiles the Bancroft Prize for Arming America--and then revoked it (something that had never happened before) because of falsifications of the probate data that underlay Bellesiles's claim about gun scarcity. See this Robert F. Worth article in the December 14, 2002 New York Times:

Columbia University said yesterday that its trustees had voted to rescind the Bancroft Prize awarded last year to a book by an Emory University historian, citing accusations of scholarly misconduct.

The prize had been awarded to Michael A. Bellesiles for ''Arming America: The Origins of a National Gun Culture,'' published by Alfred A. Knopf in 2000.

This is the first revocation of a Bancroft Prize since it was first awarded in 1948.

The prize is awarded for works in American history ''of enduring worth and impeccable scholarship that make a major contribution to our understanding of the American past.''

The trustees have also asked that the $4,000 prize money be returned, a university spokeswoman said.

The book, which argued that only a small percentage of people owned working firearms in colonial America, was hailed as a groundbreaking work after its publication. Advocates of gun rights criticized the book, seeing it as an effort to suggest that the Second Amendment right to bear arms did not apply to individuals.

But other scholars who tried to replicate the research of Professor Bellesiles soon began to make accusations of errors and possible misconduct.

Professor Bellesiles resigned from Emory in October after an independent panel of scholars strongly criticized his work. Their 40-page report accused him of ''unprofessional and misleading work'' and said that at times it ''does move into the realm of falsification.''

To cite Bellesiles's claim with such an inadequate discussion seems like something that might qualify as academic fraud. It would be like citing something out of the Hitler Diaries, and then mentioning that there was some argument about their veracity.

2. Kozuskanich on pp. 9-10 makes a big point of the conflict between the Quaker opposition to state-sanctioned violence and the back country crowd of Pennsylvania--and then on pp. 11-12 observes that Quakers actually formed an armed militia in response to the Paxton Boys. This raises some serious questions about how serious the Quaker opposition to state-sanctioned violence was. Benjamin Franklin, for example, was skeptical that the Quaker opposition was fundamentally moral in nature. As Franklin's autobiography observed:
These public quarrels were all at bottom owing to the proprietaries, our hereditary governors, who, when any expense was to be incurred for the defense of their province, with incredible meanness instructed their deputies to pass no act for levying the necessary taxes, unless their vast estates were in the same act expressly excused.... [Benjamin Franklin, The Autobiography of Benjamin Franklin (Chicago: Lakeside Press, 1915), p. 204]
Perhaps Franklin was being unfair about this. But when Kozuskanich observes on pp. 11-12 that Quakers actually shouldered muskets when the Paxton Boys, having slaughtered Indians out on the frontier, were now ready to cause trouble in Philadelphia--you would think it might raise some questions about whether the Quakers were really as hostile to state-sponsored violence as Kozuskanich says--or just had very flexible principles.

3. On p. 12, Kozuskanich explains that
In language that would be echoed in the 1776 Declaration of Rights, the [Paxton Boys] Apology explained that “the far greater part of our Assembly were Quakers, some of whom made light of our sufferings & plead conscience, so that they could neither take Arms in defense of themselves or their country.”
He argues that this language would be echoed in the 1776 Constitution's clause--as though this was evidence that the phrase "a right to bear arms for the defence of themselves and the state" was necessarily limited to a collective purpose. This fails for two entirely different reasons.

First of all, the Paxton Boys took their murderous actions against the Conestoga Indians without governmental approval--indeed, contrary to the government:
The Canestoga Indians had lived in peace for more than a century, in the neighborhood of Lancaster. Their number did not exceed forty. Against these unoffending descendants of the first friends of the famous William Penn, the Paxton boys first directed their more than savage vengeance. Fifty-seven of them, in military array, poured into their little village and instantly murdered all whom they found at home, to the- number of fourteen men, women and children. Those of them who did not happen to be at home at the massacre, were lodged in the jail of Lancaster, for safety. But alas ! This precaution was unavailing. The Paxton boys broke open the jail door and murdered the whole of them, in number from fifteen to twenty. [Joseph Doddrige, Alfred Williams, ed., Notes on the Settlement and Indian Wars of the Western Parts of Virginia and Pennsylvania, From 1763 to 1783, Inclusive (Albany, N.Y.: Joel Munsell, 1876), 225]
Secondly, the use of "or" in this phrase indicates that the Paxton Boys thought that the Quakers were distinguishing "in defense of themselves" from "their country." The Paxton Boys thought the Quakers were unable to defend "themselves" or "their country." The first of these is individual; the second is collective.

4. On p. 24, Kozuskanich baldly asserts that Art. XIII of the 1776 Const. "guaranteed the right to bear arms for community safety" but provides absolutely no evidence that the right was limited to that purpose. Art. VIII clearly does define a duty that every Pennsylvanian had for the collective defense, but that's a long ways from Art. XIII. The only actual evidence that Kozuskanich asserts to back up his claim about what the 1776 Pennsylvania Constitutional Convention intended is entirely about Art. VIII. Kozuskanich has not a single piece of evidence--even weak evidence--that the Convention believed that Art. XIII protected only a collective right.

Kozuskanich doesn't even really try to defend his claim. He makes an assertion, and presents absolutely no evidence to defend it. At best, Kozuskanich's evidence shows that the hot topic of the 1760s and 1770s was collective defense. This doesn't mean anything, simply because the right of self-defense was not under attack.

Let's use an analogy. You won't find anyone today arguing for the right to attend the church of their choice today. To the extent that questions of religious worship are topics of discussion, they are arguments about government and church entanglement. This lack of discussion doesn't mean that we do not recognize a right to worship, or not worship, at the religious institution of our choice. It is simply and utterly unquestioned that we have a right to worship, or not worship.

Now, imagine if a new Constitutional Convention were held in 2010. The Convention adopts a religious freedom provision that clarified the religious entanglement issue with language such as:
The government may encourage or assist any religious body engaged in educational or social welfare work, but governmental benefits shall be provided to all religious institutions on an equal basis, and no person's religious beliefs shall be a basis for preference or punishment.
(Think of this as breaking the prongs off the Lemon test.) The Convention adopts no language about the freedom to pick your church. By Kozuskanich's argument, the lack of a vigorous debate in the period 2000-2010 about freedom to worship as you please would be evidence that religious bodies were limited to educational or social welfare work--and nothing else.

Kozuskanich is positing his argument on the absence of discussion of an individual right to bear arms in the period 1750-1776. The absence of evidence is not the evidence of absence.


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Jokes That Bomb

That's the title of a very detailed posting by Eric over at Classical Values about former terrorists who are now tenured faculty--and are trying their best to both:

1. Refuse to admit that they did something wrong, when they were making bombs that killed people.

2. Pretend that it was all a big joke back then.

Read it in full--and ask yourself why Obama won't admit that going over to get permission to run for public office from these scum was a mistake.

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Both Sides of the Equation Need Solving

Illegal immigration has two sides: supply, and demand. For a long time, critics of building a wall have claimed that employers should be punished for hiring illegal aliens. I agree. The wall is the supply side; punishing employers who knowingly or negligently hire illegal aliens is the demand side. We need to fix both of these to have any hope.

Unfortunately, a bill that would punish employers just went down to defeat in the Idaho legislature. From the March 7, 2008 Idaho Statesman:
The House State Affairs Committee unanimously rejected a bill Friday that would have required employers to verify workers' immigration status. Companies could have had their business licenses suspended or revoked for hiring people unauthorized to work in the United States.

The proposal is modeled on a law passed last year in Arizona to weaken economic incentives for immigrants to sneak across the border. That law, which took effect on Jan. 1, has already caused scores of immigrants to go to other states or back to their homelands.

"It's a problem not being dealt with in the way it should be," said Rep. Phil Hart, R-Athol, one of the bill's supporters. "If (the employer) can show that he did make a good faith effort, there would be no penalty."

States across the country are responding to calls from constituents for tougher anti-immigration laws. Oklahoma passed a similar law to Arizona's last year, and the Mississippi Legislature approved a bill this week. Alabama, South Carolina, Indiana and other states are also considering legislation this year.

In Idaho, the measure would have left enforcement up to county prosecutors and the state attorney general.

A first violation would have required an employer to sign an affidavit verifying the firing of all unauthorized workers. A second violation would have resulted in a 10-day suspension of a license. A third violation would have meant permanent revocation.

The measure also would have punished illegal immigrants who falsely impersonate other people with up to two years in jail and a $5,000 fine.

Businesses could have protected themselves by checking employment eligibility on the U.S. Department of Homeland Security's electronic verification system.

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What's The Problem Here?

I keep linking to stories like this to emphasize the importance of fixing our mental health system. A minor factor that drove deinstitutionalization was the belief that it would reduce costs to the states. Incidents like this remind us that fixing the system isn't just for the benefit of the mentally ill, but for the benefit of their families, and because of costs that the criminal justice system incurs. From the March 7, 2008 Idaho Statesman:
A 16-year-old Boise boy accused of stabbing and critically injuring his mother in November is not mentally competent to stand trial in adult court on an attempted murder charge.

Tyler Hanscom was put in the custody of the Idaho Department of Health and Welfare Friday for at least the next 90 days by 4th District Judge Timothy Hansen on the recommendation of a court-appointed psychologist.

A mental evaluation determined the 16-year-old Hanscom, who is diagnosed with paranoid schizophrenia, is not able to adequately understand the court proceedings and would not be able to assist his lawyers in his defense, according to court testimony.

Ada County prosecutors did not object to the report, so Hansen signed off on the order of commitment Friday.

Tyler Hanscom was indicted by an Ada County grand jury in late February on charges of attempted murder and use of weapon in the commission of a felony in connection with the November stabbing attack on his mother, Laura.

...

Neither police nor prosecutors have released a suspected motive in the attack, but it appears Tyler Hanscom’s mental illness might have been a factor.

Family friend and neighbor Shanna Henslee, whose children discovered the attack Nov. 17 and restrained Tyler Hascom until police arrived, said she suspects Tyler was not taking his medication for his paranoid schizophrenia.

Henslee said Laura Hanscom was trying to find help for Tyler for his mental illness at the time of the attack.
What was the problem? Was this an insurance problem? Was it a problem of not being able to persuade her son to take his medication? These are important questions--and I would love to see a bit more investigative effort by journalists to get deeper than today's event.

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Thursday, March 06, 2008
 
The Orion Nebula

I still don't have Big Bertha 2.0 ready yet--waiting on a 4" wide aluminum channel to arrive. But in the meantime, I have my small reflector mounted on the CI-700 mount, becoming more familiar with the digital setting circles.

The great struggle with exposures of more than a few seconds is that you have to get the polar alignment very exactly on target. This isn't easy--especially because the most exacting method--the star drift method--requires you to start the mount running, and see if a star drifts north or south, and adjust the polar axis alignment accordingly. This can take a while--and when it is fiercely cold (for an ex-Californian, at least), this isn't a pleasant wait.

Anyway, here are a series of prime focus exposures of M42, the Orion Nebula, taken at ASA 1600 for exposures of 18 seconds, 41 seconds, and 151 seconds, respectively. The little arcs instead of round little circles for the stars show that I still didn't have the polar axis perfectly aligned. It's still pretty impressive! Although the four stars that form the Trapezium are pretty well burned out into a solid mass.


Click to enlarge



Click to enlarge



Click to enlarge


Saturn was, as usual, awesome, but I was getting cold and tired, and photographing Saturn is a bit more work, because you can't do it at prime focus.

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Remember the Blood in The Movie Alien?

How it burns down through deck after deck of the spaceship? That's what I thought of when I read this account of an accident involving chlorine trifluoride:

I have not encountered this fine substance myself, but reading up on its properties immediately gives it a spot on my “no way, no how” list. Let's put it this way: during World War II, the Germans were very interested in using it in self-igniting flamethrowers, but found it too nasty to work with. It is apparently about the most vigorous fluorinating agent known, and is much more difficult to handle than fluorine gas. That’s one of those statements you don’t get to hear very often, and it should be enough to make any sensible chemist turn around smartly and head down the hall in the other direction.

The compound also a stronger oxidizing agent than oxygen itself, which also puts it into rare territory. That means that it can potentially go on to “burn” things that you would normally consider already burnt to hell and gone, and a practical consequence of that is that it’ll start roaring reactions with things like bricks and asbestos tile. It’s been used in the semiconductor industry to clean oxides off of surfaces, at which activity it no doubt excels.

There’s a report from the early 1950s (in this PDF) of a one-ton spill of the stuff. It burned its way through a foot of concrete floor and chewed up another meter of sand and gravel beneath, completing a day that I'm sure no one involved ever forgot. That process, I should add, would necessarily have been accompanied by copious amounts of horribly toxic and corrosive by-products: it’s bad enough when your reagent ignites wet sand, but the clouds of hot hydrofluoric acid are your special door prize if you’re foolhardy enough to hang around and watch the fireworks.

When I was in junior high, I still fantasized about being a research chemist. (Those weren't your junior high fantasies? Okay, I'm weird.) I remember being quite fascinated with what I read about fluorine gas and its unique properties. Fluorine gas doesn't just set fire to water (it rips the water molecule apart so that you now have free oxygen atoms running around frantically to find something to burn), it burns even substances that we don't think of as burnable--and even makes asbestos glow.

The Greeks were convinced that there were four elements (earth, air, fire, and water) that, mixed in the appropriate proportions, made up everything. Fluorine gas seems perilously close to the essence of fire!

I've read that most of the nineteenth century chemists who tried to isolate fluorine gas died fairly young, because fluorine compounds tend to be pretty poisonous--even if you aren't catching on fire. The scientist who finally isolated fluorine gas was Henri Moissan, who lived to a ripe old age for a chemist--and especially a fluorine chemist.

My recollection was that he was able to electrolytically separate fluorine from the compounds to which it clings with great vigor without dying by the following steps:

1. Most of the reaction vessels were carved out of single pieces of fluorospar, a calcium fluoride mineral. The calcium in fluorospar already has all the fluorine atoms it can use, so it's like a traditional junior high dance with thirty girls and five boys--there's no way for more than five girls at a time to dance. The girls sitting on the sidelines might be able to cut in, but the number of girls sitting on the sidelines, worried that they don't look good enough, doesn't change.

2. Most of the rest of the piping was made of copper, which reacts vigorously with fluorine gas, but once the reaction is complete, it produces a very tight, very durable coating of copper fluoride that doesn't react anymore. (This is analogous to how aluminum rapidly forms an aluminum oxide coating that protects the surface from further oxidation.)

3. The whole apparatus was cooled down to -50 degrees Celsius, at which point fluorine only reacts like the cartoon version of a Tasmanian devil.

Fluorine: Satan's element!


 
Another School Shooting--But A Student Fired Back

It appears that one of the students, while he didn't take out the shooter, may have slowed him down. From the March 6, 2008 Jerusalem Post:

Channel 2 reported that the terrorist carried a blue Israeli identity card and came from east Jerusalem.

Initial reports of a second terrorist on the loose proved unfounded, police said.

"We heard shooting and knew that something had happened," recounted Yitzhak Dadon, 40, who studies at the yeshiva. Dadon said he cocked his handgun and went up to the roof of the yeshiva, where he saw the terrorist spraying gunfire indiscriminately at the crowd inside. Dadon said he fired two bullets at the terrorist, who began to stumble.

At the same time, police arrived at the scene and an intense gunfight erupted with the terrorist lasting several minutes, witnesses said. The scent of gunpowder wafted in the air as undercover police stormed the building.

Jerusalem police chief Cmdr. Aharon Franco said the terrorist was killed by an IDF officer who lives near the yeshiva and raced to the scene.

UPDATE: This account from Associated Press is a bit more explicit about Dadon's effect:
One of the students, Yitzhak Dadon, said he shot the attacker twice in the head. "I laid on the roof of the study hall, cocked my gun and waited for him. He came out of the library spraying automatic fire," he said.

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First They Banned Handguns, And I Said Nothing...

Then they came for the plastic bags. From the March 5, 2008 Chicago Sun-Times:

Tiny plastic bags used to sell small quantities of heroin, crack cocaine, marijuana and other drugs would be banned in Chicago, under a crackdown advanced Tuesday by a City Council committee.

Ald. Robert Fioretti (2nd) persuaded the Health Committee to ban possession of "self-sealing plastic bags under two inches in either height or width," after picking up 15 of the bags on a recent Sunday afternoon stroll through a West Side park.

Lt. Kevin Navarro, commanding officer of the Chicago Police Department's Narcotics and Gang Unit, said the ordinance will be an "important tool" to go after grocery stores, health food stores and other businesses. The bags are used by the thousand to sell small quantities of drugs at $10 or $20 a bag.

Navarro referred to the plastic bags as "Marketing 101 for the drug dealers." Many of them have symbols, allowing drug users to ask for "Superman" or "Blue Dolphin" instead of the drug itself, he said.

Prior to the final vote, Ald. Walter Burnett (27th) expressed concern about arresting innocent people. He noted that extra buttons that come with suits, shirts and blouses -- and jewelry that's been repaired -- come in similar plastic bags.

Look, I sympathize with their problem. They have a huge population that is intent on self-destruction, and confronting the severe cultural problems that afflict poor blacks in America would require more courage than any elected Democrat seems to have. But there does come a point where you have to ask, "What's the core problem here?"

Some years back, the city of Cincinnati was discussing registering and controlling baseball bats because of the enormous amount of bat violence that was going on in black neighborhoods. If you solve the underlying cultural problems, then you don't have to ban handguns, or baseball bats, or plastic bags. If you don't solve those problems, you are going to be trying to ban paper bags, little metal cans, glass vials, etc.

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Will We Need Passports to Visit California?

Increasingly, it seems like a foreign country. I had heard a couple of years ago that California had effectively banned home schooling. I didn't look into it because, well, it is a liberal state, and the objective of banning home schooling is to encourage Christians to move to the United States. I see that the insanity keeps enlarging from this posting by Hans Bader at OpenMarket.org. Bader points to the Fields decision that I mentioned some time back, which essentially found that parents had no authority to countermand what the public schools did--such as asking 7-10 year olds about their sex lives and desires. At the time, I observed that as horrified as I was by the result, Judge Reinhardt seems to have come to the legally correct decision--but:
It is a strong argument for home schooling--and perhaps a strong argument for either scrapping public education, or allowing parents to move their tax dollars along with their children.
And sure enough, Bader tells us that the courts have closed that escape route, too:
But when parents respond to such rulings by exercising their choice not to send their kids to a public school, but rather home-school them, the courts then switch arguments to claim that there really is no such choice, claiming that the State can prevent anyone who lacks State-approved teaching “credentials” from teaching children, and that “parents do not have a constitutional right to home school their children,” according to the California Court of Appeal’s disturbing ruling in another case, In re Rachel L. (2008).
It seems that liberals are doing their best to achieve the goal stated by their patron saint, Benito Mussolini: "Nothing against the State, nothing outside the State."


 
Terrorist Bomb in New York City

The initial reports indicate a pretty amateurish bomb exploded outside the military recruiting station in Times Square at 3:45 AM. I can't imagine al-Qaeda doing something like this. It would have been bigger, and it would have been set off in daytime, to maximize casualties. I can picture part of barking moonbat wing of the Democratic Party doing this--to make a statement, without having to actually kill anyone.

It is one of those remarkable indications of a shortage of brainpower applied to a criminal act, rather like the idiots that rob banks (a federal crime) rather than liquor stores. They get the investigative power of the federal government applied to finding them, and the usually much serious penalties of federal law--while accomplishing nothing of any real significance, other than a symbolic statement of their rage.

Of course, the barking moonbat wing has a history of this kind of stupidity, such as the retired Weather Underground bombers that Obama met with some years ago to get permission to run for public office. Although the Weather Underground did actually kill people, with bombs and murders of Brinks guards.

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Wednesday, March 05, 2008
 
Just Imagine If Fundamentalist Protestants Asked For This

Instapundit points to the situation where Harvard has set aside some hours at their formerly co-ed gym as women-only. Now, there's nothing objectionable to me about that--as long as there are men-only hours (and just as many of them) as well. I am not even particularly upset that Harvard has done this to make Muslim women happy. But as Instapundit points out, what if "some Catholic or evangelical mother urged 'girls-only' campus workouts in the name of modesty"? I think we know what the reaction would have been.

You can tell how far to the left an institution is by examining how far it will go to make Muslims happy--while going out of its way to insult Christians.

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Exploded Diagrams Are So Twentieth Century

Unless you are putting together a M1911 pistol from individual parts, this isn't very useful--but it is so cool, I just had to share it with you. Now, as long as no one does the same for hydrogen bombs, I guess we're okay.

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A Woman's Right to Choose

For all the screeching about "a woman's right to choose," here's a case where you can be sure that the pro-choice lobby is going to have to do some serious mental acrobatics to justify their opposition to this bill before the Idaho legislature: H464:
Adds to and amends existing law to provide that it is a criminal act to coerce or attempt to coerce a woman to obtain an abortion; to provide for recovery of damages by civil suit; and to provide penalties.
The pro-choice side opposes parental consent laws, for fear that parents will refuse to consent to their daughters getting an abortion. I'll be amused to hear their excuses for opposing H464.


 
It's Like An Elaborate Joke

One that might be told if you wanted to insult liberals by comparing them to intentionally ignorant idiots. This article describes something that happened at IUPUI--which is an acronym for Indiana University-Purdue University Indianapolis:
Keith John Sampson never thought he could get in trouble for reading a book, especially not on a college campus. But that’s what happened. Sampson is a man in his early 50s. He does janitorial work for the campus facility services at IUPUI, where he’s been gradually accumulating credits for a degree in communications studies. He has 10 credit hours to go.

...

Sampson is an avid reader. It’s been his habit to bring books to work with him, so that he can read in the break room when he’s not on the clock. Last year, Sampson was working in IUPUI’s Medical Science building.

...

At the time, Sampson was reading a book he had checked out from the public library. Notre Dame vs. the Klan: How the Fighting Irish Defeated the Ku Klux Klan, published in 2004, features a photograph of the University of Notre Dame’s famous golden dome on the cover. Its author is Todd Tucker, the publisher is Loyola Press of Loyola University in Chicago.

The book is about how for two days in May 1924, a group of Notre Dame students got into a street fight with members of the Ku Klux Klan. The Klan was meeting in South Bend for the express purpose of sticking a collective thumb in the eye of the country’s most famous Catholic university. Notre Dame vs. the Klan was a Notre Dame Magazine “Pick of the Week” and garnered an average customer review of 4.5 stars on Amazon.com. In its review, The Indiana Magazine of History noted that Tucker “succeeds in placing the event in a broad framework that includes the origins and development of both the Klan and Notre Dame.”

Sampson recalls that his AFSCME shop steward told him that reading a book about the Klan was like bringing pornography to work. The shop steward wasn’t interested in hearing what the book was actually about. Another time, a coworker who was sitting across the table from Sampson in the break room commented that she found the Klan offensive. Sampson says he tried to tell her about the book, but she wasn’t interested in talking about it.

A few weeks passed. Then Sampson got a message ordering him to report to Marguerite Watkins at the IUPUI Affirmative Action Office. He was told a coworker had filed a racial harassment complaint against him for reading Notre Dame vs. the Klan in the break room. Sampson says he tried to explain to Watkins what the book was about. He says he tried to show her the book, but that Watkins showed no interest in seeing it.

Then Sampson received a letter, dated Nov. 25, 2007, from Lillian Charleston, also of IUPUI’s Affirmative Action Office. The letter begins by saying that the AAO has completed its investigation of a coworker’s allegation that Sampson “racially harassed her by repeatedly reading the book Notre Dame vs. the Klan: How the Fighting Irish Defeated the Ku Klux Klan by Todd Tucker in the presence of Black employees.” It goes on to say, “You demonstrated disdain and insensitivity to your coworkers who repeatedly requested that you refrain from reading the book which has such an inflammatory and offensive topic in their presence … you used extremely poor judgment by insisting on openly reading the book related to a historically and racially abhorrent subject in the presence of your Black coworkers.” Charleston went on to say that according to “the legal ‘reasonable person standard,’ a majority of adults are aware of and understand how repugnant the KKK is to African-Americans …”

Sampson was ordered to stop reading the book in the immediate presence of his coworkers and, when reading the book, to sit apart from them.
I really want to believe that this article is misrepresenting what happened. But one thing I have learned over the years--when Political Correctness is hybridized with an academic institution and a bureaucracy, there's almost nothing that is impossible.

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Monday, March 03, 2008
 
Aluminum Channel

I'm having a heck of a time finding aluminum channel that is 4" or so wide, and 1/4" thick. Generally, aluminum channel doesn't come quite that thick. Sometimes, the vertical legs of the channel are more than 1/4" thick--but not the horizontal leg.

You see, the way that channels with low walls (as a channel that will cradle a large diameter round tube will be) get their stiffness, is primarily dependent on the thickness of the horizontal leg. The stiffness of a channel is roughly in direct proportion to the increase in width--but if you double the thickness of the base of the channel, it gets about five times stiffer with only an approximate doubling of the channel's weight. If you double the thickness of the vertical legs, you only get about a 30% improvement in stiffness.

What this means is that a 4" wide channel that is .25" thick (or perhaps even .30" thick) provides very nearly the perfect tradeoff between weight and thickness for this application--and I'm having trouble finding such a channel that is available off the shelf.

I had thought about cutting off one side of a 4" square, 1/4" wall tube, or perhaps a 4" x 1" rectangular tube with a 1/4" wall--but these also seem to be unavailable. Square or rectangular tubing that size is typically 1/8" wall or thinner--just not stiff enough for this purpose.

I looked at perhaps using steel channel instead, which is cheaper than aluminum--but steel turns out to be, for the same weight, no great advantage. Mild steel has Young's modulus typically of about 190 to 210 GPa; aluminum is 70 Gpa. The steel is therefore 2.7x to 3x the stiffness of aluminum--and 2.44x as dense. Because of the non-linear advantage of a thicker channel for enhancing stiffness, it turns out that steel doesn't buy me anything, except harder to machine, and a little cheaper on the raw material.

UPDATE: I've got a vendor offering me 3" wide, .25" thick, or 5" wide, .375" thick. The first choice gives me a .019" deflection (which, because there are two other members also providing support, means I will probably get closer to .010" of deflection), and a weight of 5.7 pounds. The second choice gives me a deflection of .0026" (which far stiffer than I need), but a weight of 14.8 pounds--which is just too much. If I don't find something better by tomorrow, I may go with the 3" wide channel. (The prices are really, really good, too.)

If I had a really big mill, I suppose that I could take the 5" piece and take an 1/8" off the inside of the vertical legs....

UPDATE 2: A reader suggested using the 5" piece, then drilling lightening holes in it to make it lighter--especially since it is far stiffer than I need. This is an intriguing thought. There's really no room in the vertical legs to drill anything but tiny, tiny holes, but putting a series of 2" holes through the horizontal leg every few inches might make this feasible. Of course, I've got to put some holes in the base for mounting the dovetail plate. This could get ugly, although not difficult.

One other thought just occurred to me: I have two 1" square aluminum tubes that I won't be using. I might be able to have the welding shop I used the other day weld these to the bottom of the 3" channel to increase stiffness, or have a 2 1/2" wide, 1/8" strip of aluminum plate welded into the bottom of the 3" channel.

UPDATE 3: It turns out that they can only really weld where the channel and the plate meet--so it sounds like using JB Weld as an adhesive between the channel and the plate would be the way to go--and that opens up a lot more possibilities. I could use a 4" wide by 1/8" channel with a 1/8" plate glued to it. This gives me nearly optimal tradeoff of stiffness and lightness.

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