The Volokh Conspiracy

Happy Independence Day!

Enjoy, and stay safe.

Harvey Mosley (mail):
Thank you to all at the VC for helping me understand the basis for the freedoms we are celebrating today.
7.4.2008 11:59am
Bill Poser (mail) (www):
In the Sherman case, I fail to understand how the fireworks distributor could be liable under Nebraska law when the plaintiffs purchased the fireworks in Missouri and, apparently illegally, imported them into Nebraska themselves.
7.4.2008 1:40pm
A. Zarkov (mail):
I worry that today's Americans don't love liberty as much as our colonial forefathers. But when you drill deeply into the history of the American Revolution, you see things weren't all that different. According to the historian Ellis, speaking on CSPAN last week, there were more loyalists fighting Washington than Patriots fighting with him. However, I do think it's been downhill since Washington in terms of the caliber of man as president, and the more I learn about George, the more I admire him. We were really lucky to have him. Too bad we can't dig him up and put him back in office. I like his attitude towards Europeans and treaties.
7.4.2008 3:05pm
Sam Hall (mail):
Bill Poser:
"In the Sherman case, I fail to understand how the fireworks distributor could be liable under Nebraska law when the plaintiffs purchased the fireworks in Missouri and, apparently illegally, imported them into Nebraska themselves"

Doesn't seem right does it? However, there seems to be a lot of it going around. Look at this:
7.4.2008 3:40pm
Sam Hall (mail):
That should have been a link to this:
7.4.2008 3:41pm
LM (mail):

The opinion explains that it was a grandson who set off the fireworks, resulting in the injury in question to his grandmother. And, according to the opinion's statement of facts, the accident occurred exactly six years ago today [July 4].

The same day in 1826 when founders John Adams and Thomas Jefferson died (during the Presidential term of Adams' son), 50 years after signing the Declaration of Independence.

And people say there's no Illuminati.
7.4.2008 3:43pm
Jay:
I think Howard posted that yesterday, so the fateful day was actually July 3, 2002.
7.4.2008 5:13pm
Smokey:
For the past several years I've had this enormous 10" X 10" X 10" fireworks cube. Weighs about 7 1/2 pounds. The label says [in very small letters]: "Warning. Shoots flaming balls."

On all 4 sides the label says, in giant red letters: CALIFORNIA, with a black rubber stamp impression, ILLEGAL stamped over the word California. Below that, it's got a picture of an official-looking fireman's badge, with the wording: "SAFE and SANE / REGISTERED FIREWORKS / STATE of CALIFORNIA / STATE FIRE MARSHALL -- with a big red circle and slash over the badge.

I think the [Chinese] manufacturer is taunting someone.

Anyway, my kid bought it and gave it to me to keep for him, but he's away at college summer school and I don't like the idea of keeping it in my closet any longer.

Since it's illegal, there's only one thing to do: Burn it! Tonight.

Happy 4th!
7.4.2008 5:29pm
LM (mail):
Jay:

I think Howard posted that yesterday, so the fateful day was actually July 3, 2002.

Those damn Illuminati just keep getting better at hiding their tracks.



Smokey,

Have fun with that, and Happy 4th.
7.4.2008 5:41pm
Smokey:
Thanx, LM. You too.
7.4.2008 6:15pm
Waldensian (mail):

I worry that today's Americans don't love liberty as much as our colonial forefathers.

You're worrying about Americans other than the thousands and thousands of volunteers out there in Afghanistan and Iraq, dodging bullets (and worse) for us, right? Because it seems to me like those people are pretty reliable liberty lovers.
7.4.2008 8:57pm
A. Zarkov (mail):
"You're worrying about Americans other than the thousands and thousands of volunteers out there in Afghanistan and Iraq, dodging bullets (and worse) for us, right?"

Absolutely. Those volunteers are our real patriots. I don't worry about them at all. They do love liberty and are willing put to life an limb on the line.
7.4.2008 9:20pm
Smokey:
Agree wholeheartedly with Waldensian and Zarkov. Those soldiers are there for us on this 4th of July.

Now, before I go out and attempt to get into fireworks trouble [don't look if you're squeamish!], I'll leave y'all with a quote appropriate for Independence Day [note: I've been a registered Independent since 1972]:

"Republicans believe every day is the Fourth of July, but the Democrats believe every day is April 15th."

~ Ronald Reagan
7.4.2008 9:49pm
Dennis Nicholls (mail):
The random enforcement of fireworks laws is a topic which fascinates me. I live in Boise (Ada county ID), which is urbanized and has strict regulations about fireworks. But the next county over is Elmore county which is a sagebrush desert with little more than the USAF base at the town of Mountain Home. About 100 yards after crossing into Elmore county from Boise you find Fat City Fireworks.

Fat City

These guys sell everything over-the-counter including the giant professional mortar shells. Check out their catalog: they have the real hard-core stuff. All you have to do is sign their waiver that you won't use them in Idaho and you are good to go.
7.4.2008 11:01pm
Jay:
Dennis--I think the entire economy of eastern South Carolina is based on the fireworks and discount cigarettes sold along I-95, esp. along the N.C. and Georgia lines.
7.5.2008 12:07am
Joe 45gaz (mail) (www):
On another note, I didn't hear one patriotic song played at the Capital Fourth, America's Independence Day Celebration, July 4th, 2008. What's up with that? Okay, some classical tunes, a little rock and roll. Oh yeah, there was an instrumental Yankee Doodle Dandy, a portion of it. Whatever happened to the American patriotic songs?

America the Beautiful--1913
America, My Country 'Tis of Thee--1832
God Bless America by Irving Berlin
God Bless the USA by Lee Greenwood
Halls of Montezuma
The Stars and Stripes Forever
The Star Spangled Banner--1814
This Land is Your Land
You're A Grand 'Ole Flag

America! America!
God shed his grace on thee,
And crown thy good with brotherhood
From sea to shining sea.
Where was that?

Evidence that our America as we knew it is quickly slipping from our fingertips in a tug of war with the underhanded, tyrannical creation of the North American Union. Pull harder! We're losing! Harder!

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers FROM the consent of the governed. (It's the government's duty to protect those God given rights -- that's FREEDOM. Take them away from us, lose our sacred sovereignty -- that's TYRANNY.) That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government... it is their duty, to throw off such Government, and to provide new Guards for their future security. (From the Declaration of Independence.)
7.5.2008 2:37am
Dennis Nicholls (mail):
Joe,

Not only were the words to The Star Spangled Banner written by a lawyer....

Oliver Wendell Holmes wrote another verse during his service in the Civil war.

When our land is illumined with liberty's smile,
If a foe from within strikes a blow at her glory,
Down, down with the traitor that tries to defile
The flag of the stars, and the page of her story!
By the millions unchained,
Who their birthright have gained
We will keep her bright blazon forever unstained;
And the star-spangled banner in triumph shall wave,
While the land of the free is the home of the brave.
7.5.2008 7:50am
EPluribusMoney (mail):
Too bad we can't dig him up and put him back in office.

Actually in a few years we can probably clone him from the locks of his hair that were saved.
7.5.2008 11:57am
trad and anon:
I worry that today's Americans don't love liberty as much as our colonial forefathers.
Duck shoe.

I'd use an expression that rhymes with that one, but the comment policy doesn't allow it.
7.5.2008 1:38pm
Jerry Mimsy (www):
Joe 45gaz: My very short playlist for the day was Yankee Doodle (from a National Geographic record), The American Dream (Afroman), I Love America (Alice Cooper), and The American Dream (Miss Saigon). Take that as you will.

As an aside, the more I listen to the Miss Saigon soundtrack, the more it loses its original luster for me, and the more I think that the Engineer is the only sympathetic character in the musical.
7.5.2008 2:06pm

Post as: [Register] [Log In]

Account:
Password:
Remember info?

[Important Note to Helpful Readers: If we have confusing typos and especially ugly formatting errors, such as an unclosed underline or bold tag, we'd love to hear from you about them -- but please e-mail the author about this, rather than leaving a comment. We often won't read the comments for a while after the post, and if there's a glaring formatting error, we'd see it quickly when we revisit the post, even without the comment; and in any event the comment likely isn't going to be that helpful to your fellow comment readers. So please e-mail us directly about glitches like this. Thanks!]

Comment Policy: We'd like the posts to be civil, of course (no profanity, personal insults, and the like), but we're also hoping that people try to be as calm, reasoned, and substantive as possible. So please, also avoid rants, invective, substantial and repeated exaggeration, and radical departures from the topic of the thread. Sticking with substance -- and staying on-topic -- will make the comments more helpful to other readers, and more pleasant.

As editors, we reserve the right to delete posts, and even to kick out posters, though we hope that both of these will be exceptional events. (We also reserve the right to be busy with other things, and therefore (1) not remove all the posts that might merit removal, and (2) ignore demands such as "You should remove A's posts, because they're just as bad as B's!")

Here's a tip: Reread your post, and think of what people would think if you said this over dinner. If you think people would view you as a crank, a blowhard, or as someone who vastly overdoes it on the hyperbole, rewrite your post before hitting enter.

And if you think this is the other people's fault -- you're one of the few who sees the world clearly, but fools wrongly view you as a crank, a blowhard, or as someone who overdoes it on the hyperbole -- then you should still rewrite your post before hitting enter. After all, if you're one of the few who sees the world clearly, then surely it's especially important that you frame your arguments in a way that is persuasive and as unalienating as possible, even to fools.

Our goal is to provide an interesting and pleasant environment that can help inform readers. To do that, we'll occasionally have to exercise our editorial discretion. Think of this as an in-person discussion group, where having different voices is critical to a great conversation -- but where sometimes the leader has to deal with cranks who sour the conversation more than they enliven it.

Naturally, there's always a risk that this discretion will be used erroneously, no matter how well-intentioned the editor. But discussion groups (especially on the Internet, but also off it) generally need an editor who'll occasionally make such judgments.

And, remember, it's a big Internet. If you think we were mistaken in removing your post (or, in extreme cases, in removing you) -- or if you prefer a more free-for-all approach -- there are surely plenty of ways you can still get your views out.