States rights

Bearing Arms opines, “This Lawsuit Could Shatter ALL Federal Gun Control Laws“:

“… When Shane Cox began selling his homemade firearms and silencers out of his military surplus store, he stamped “Made in Kansas” on them to assure buyers that a Kansas law would prevent federal prosecution of anyone owning firearms made, sold and kept in the state … The case could reverberate across the country because it cites the Second Amendment to the U.S. Constitution, pitting the federal government’s right to regulate firearms against the rights of states …”

I foresee problems with this.

The Supremacy Clause basically says federal law trumps state law while the Printz case said that states cannot be compelled to enforce federal law.  Following this, the ATF could still enforce the NFA in Kansas.  Unless there is some other 10th Amendment cases that could be referenced here I don’t believe this tacit is going to work.

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Interesting idea

SAF is floating the idea that the Trump administration appoint a special prosecutor to go after municipalities which violate gun rights:

“… The Second Amendment Foundation suggested last week that Trump’s attorney general should appoint a “special assistant” in charge of defending gun rights … Among the first potential targets of a special assistant attorney general for gun rights, the group suggested, would be strict gun permitting laws in New York, California, New Jersey, Maryland, and Washington DC that require citizens to show a specific need for a gun before being granted a license to carry a firearm in public …”

I like the idea of going on offense with this tactic, but I’m not sure how well it would work.  We’ve already had some bad gun laws upheld at the Circuit Court level and any DOJ action would essentially be an attempt to re-litigate cases which our side already lost.

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House Minority Leader Brian Higgins?

Some rumor mongering from the Buffalo Chronicle, “Congressman Higgins contemplating bid for Minority Leader?

Rep. Brian Higgins (D-Buffalo) is considering a bid to unseat Rep. Nancy Pelosi (D-San Francisco) as Minority Leader of the House Democrats, says a source close to the Congressman. Pelosi is weathering a storm of critics following a fourth consecutive loosing election for House Democrats, who have been unable to retake the chamber since Pelosi was ousted as Speaker following the 2010 midterm elections …”

Exchanging Pelosi for Higgins would be a significant change for the Democrats both culturally and ideologically.  Higgins’ district represents “the deplorables“.  On guns, Higgins has been all over the place.  He started out as a D back in ’04, rose to A- in ’08 and went back down to a D this year.  This would still be a vast improvement over Pelosi.

While I can see a leadership challenge to Pelosi, I don’t think Democrats are willing to go that far.  Then there is the matter of whether the party would want both House and Senate leaders from the same state as Chuck Schumer is jonesing for the Senate spot.  I’m not seeing Higgins getting the job.

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Apparently even the Trump campaign didn’t think they were going to win:

“… The best data inside the Trump campaign and the RNC had Donald Trump’s chances of winning the presidency as a one-in-five proposition … RNC staffers thought Trump would win 240 Electoral College votes, 30 short of the 270 needed to win … The best data inside the Trump campaign was just as pessimistic …”

Amazing. Even more surprising is that turnout was down a bit this election:

Guess this explains why Hillary didn’t give a concession speech Tuesday night. She didn’t have one prepared.

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Election coda

Not much surprises me anymore, but Donald Trump pulling off a win last night did.  Hillary beat him in the popular vote, but lost the electoral college.

On the positive side, it is immensely entertaining to see her lifelong dream go down in flames and the reaction from her supporters is priceless.

On the negative side Trump didn’t run on limiting/reducing government like Reagan. He ran on running government “better”. Trump supporters are going to find out those aren’t the same thing.

Libertarians were winners with Gary Johnson getting ~3.8 million votes. So were the NRA who put $20+ million into the campaign as Chuck Todd notes:

Republicans remain in control of both houses of Congress, albeit with smaller majorities. Chuck Schumer is set to become Senate Minority Leader next year. He is going to be point-man in blocking NRA’s agenda, especially for SCOTUS replacements.

At the state level, it appears the Republicans, with some help, will maintain control of the State Senate. Incumbent Michael Venditto is behind in SD-8, but Chris Jacobs won in SD-60. The Assembly stays pretty much the same so next session will probably be a lot like this session. Fortunately, I still have some tequila left over from yesterday.

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Preparation is key

I voted this morning for Gary Johnson.

All that is left to do is wait out the day until the polls close.  I am prepared for the results.

mas tequila

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A clear winner

No matter what the outcome of tomorrow’s election, there is already one clear winner: Senator Jeff Klein.  With Senator Jesse Hamilton announcing that he is joining the IDC, Klein will have at least a seven member caucus next year.

This also reinforces my belief that the Republicans are going to lose seats and will have to form a coalition with the IDC again, only they will be in a somewhat weaker position than last time.

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Follow the money

It’s always a good idea to follow the money.

In this case Politico reports, “Over two-thirds of Assembly party money goes to four races.”  Those races include AD-113, AD-115, AD-116, and AD-145. Three other big money races include AD-106, AD-121, and AD-126.

Out of these I believe the three antigun incumbents mostly likely to lose are:

  • AD-145, where incumbent John Ceretto flip-flopped on party registration.
  • AD-116, where incumbent Addie Russell barely won re-election last time by less than 100 votes.
  • AD-106 where incumbent Didi Barrett doesn’t even live.  NRA is doing robocalls for challenger Terry Sullivan.
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Congressional rundown

RRH elections has now posted their analysis of New York’s Congressional races.

Some comments:

  • CD-1, Lee Zeldin keeps his seat.
  • CD-2,Peter King is a machine hack” is the dead on accurate.
  • CD-3, Both candidates stink, but Jack Martins behavior, from voting for the SAFE Act to screwing over Phil Pidot in the primary, makes him worse.  In the end I think Tom Suzzoi wins the seat.
  • CD-18, I agree incumbent Sean Maloney is the favorite to win re-election.  The thing about him is I never heard anything good or bad about him.  He’s just there, occasionally mentioned in the newspaper at having attending a meeting or something.
  • CD-19, Zephyr Teachout is batshit nuts, but is running a much better campaign than John Faso.  She wins.  Democrat pick-up.
  • CD-22, Because it is a three-way race with independent Martin Babinec sucking about about a quarter of the votes, I believe Claudia Tenney will get enough of a plurality of the votes to win the seat.
  • CD-25, Incumbent Louise Slaughter keeps her seat.  I have heard absolutely nothing from Mark Assini.
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The fix is in

In SD-60, the fix is in.

Last week there was this:

“In a visit to Buffalo Wednesday, Gov. Andrew M. Cuomo declined to pick a candidate in the hotly contested Senate 60th district race between Democrat Amber Small and Republican Chris Jacobs. “I have not had a conversation in that race,’’ Cuomo said when asked about an endorsement in the Senate 60th race. “Yeah, you know it’s not as simple as saying ‘Democrat, Republican.’ You have to look at the person and you have to look at the person’s positions on issues and you have to look at the person’s background,’’ Cuomo said …”

This week it’s this:

“In a signal of its resource priorities in the closing days before the Nov. 8 elections, the chief fund-raising apparatus for Democrats in the state Senate has allocated zero dollars for Democrat Amber Small in her bid against Republican Chris Jacobs in the Senate 60th District contest in the Buffalo area. The Senate Republican Campaign Committee, meanwhile, transferred $347,000 to Jacobs during the past three weeks, and allocated an estimated $91,000 to various campaign activities on his behalf …”

The only variable is the voters in a district where registered Democrats out number Republicans almost 2-1.


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