1620
The Mayflower Compact is signed aboard ship at Provincetown Harbor near Cape Cod, Plymouth Colony (later merged with Massachusetts Colony).
IN THE NAME OF GOD, AMEN. We, whose names are underwritten, the Loyal Subjects of our dread Sovereign Lord King James, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c. Having undertaken for the Glory of God, and Advancement of the Christian Faith, and the Honour of our King and Country, a Voyage to plant the first Colony in the northern Parts of Virginia; Do by these Presents, solemnly and mutually, in the Presence of God and one another, covenant and combine ourselves together into a civil Body Politick, for our better Ordering and Preservation, and Furtherance of the Ends aforesaid: And by Virtue hereof do enact, constitute, and frame, such just and equal Laws, Ordinances, Acts, Constitutions, and Officers, from time to time, as shall be thought most meet and convenient for the general Good of the Colony; unto which we promise all due Submission and Obedience.
IN WITNESS whereof we have hereunto subscribed our names at Cape-Cod the eleventh of November, in the Reign of our Sovereign Lord King James, of England, France, and Ireland, the eighteenth, and of Scotland the fifty-fourth, Anno Domini; 1620.
Remember, remember, the 5th of November, gunpowder, treason and plot I see no reason why the gunpowder treason should ever be forgot
“Remember, remember the Fifth of November” or “Please to Remember” are variations of a rhyme that commemorates the day in 1605 when a group of Roman Catholics, including Guy Fawkes, were caught in the act of trying to blow up the Houses of Parliament.
When news of the plot got out, Londoners were so relieved that the conspirators had been caught that they lit bonfires throughout the city as a celebration. Over the centuries those celebrations have become more elaborate and now fabulous firework displays are a feature throughout England on the night of November 5th. A week or so prior to that, children make effigies of Guy Fawkes which they take door to door asking for ‘A penny for the Guy’.’ On Bonfire Night these Guys are traditionally burnt on top of a bonfire.
Halloween, has its origins in the ancient Celtic festival of Samhain, which marked the end of the harvest season and the beginning of winter.
It was believed that on this night, the veil between the living and the dead was thin, allowing spirits to return to earth.
It is said that Pope Gregory III established November 1st as ‘All Saints Day’ also called ‘All Hallows Day’ sometime in the 8th century. So, as the evening before would be ‘All Hallows Eve’ – ‘eve‘ being a contraction of evening – and even more contracted; Hallowe’en, we know how the name came to be.
There have been only three servicemembers assigned to 1st Special Forces Operational Detachment- Delta that have been awarded the nation’s highest honor for heroism in combat action, while serving in the unit. These Sergeants were the first two, awarded posthumously seven months after they were killed in action.
Oppressors Beware
23 May 1994
Medal Of Honor
Citation
Master Sergeant Ivan Gordon, United States Army, distinguished himself by actions above and beyond the call of duty on 3 October 1993, while serving as Sniper Team Leader, United States Army Special Operations Command with Task Force Ranger in Mogadishu, Somalia.
Master Sergeant Gordon’s sniper team provided precision fires from the lead helicopter during an assault and at two helicopter crash sites, while subjected to intense automatic weapons and rocket propelled grenade fires. When Master Sergeant Gordon learned that ground forces were not immediately available to secure the second crash site, he and another sniper unhesitatingly volunteered to be inserted to protect the four critically wounded personnel, despite being well aware of the growing number of enemy personnel closing in on the site.
After his third request to be inserted, Master Sergeant Gordon received permission to perform his volunteer mission. When debris and enemy ground fires at the site caused them to abort the first attempt, Master Sergeant Gordon was inserted one hundred meters south of the crash site. Equipped with only his sniper rifle and a pistol, Master Sergeant Gordon and his fellow sniper, while under intense small arms fire from the enemy, fought their way through a dense maze of shanties and shacks to reach the critically injured crew members.
Master Sergeant Gordon immediately pulled the pilot and the other crew members from the aircraft, establishing a perimeter which placed him and his fellow sniper in the most vulnerable position. Master Sergeant Gordon used his long range rifle and side arm to kill an undetermined number of attackers until he depleted his ammunition. Master Sergeant Gordon then went back to the wreckage, recovering some of the crew’s weapons and ammunition.
Despite the fact that he was critically low on ammunition, he provided some of it to the dazed pilot and then radioed for help. Master Sergeant Gordon continued to travel the perimeter, protecting the downed crew.
After his team member was fatally wounded and his own rifle ammunition exhausted, Master Sergeant Gordon returned to the wreckage, recovering a rifle with the last five rounds of ammunition and gave it to the pilot with the words, “good luck.” Then, armed only with his pistol, Master Sergeant Gordon continued to fight until he was fatally wounded. His actions saved the pilot’s life.
Master Sergeant Gordon’s extraordinary heroism and devotion to duty were in keeping with the highest standards of military service and reflect great credit upon him, his unit and the United States Army.
Medal Of Honor
Citation
Sergeant First Class Randall Shughart, United States Army, distinguished himself by actions above and beyond the call of duty on 3 October 1993, while serving as a Sniper Team Member, United States Army Special Operations Command with Task Force Ranger in Mogadishu, Somalia.
Sergeant First Class Shughart provided precision sniper fires from the lead helicopter during an assault on a building and at two helicopter crash sites, while subjected to intense automatic weapons and rocket propelled grenade fires. While providing critical suppressive fires at the second crash site, Sergeant First Class Shughart and his team leader learned that ground forces were not immediately available to secure the site. Sergeant First Class Shughart and his team leader unhesitatingly volunteered to be inserted to protect the four critically wounded personnel, despite being well aware of the growing number of enemy personnel closing in on the site.
After their third request to be inserted, Sergeant First Class Shughart and his team leader received permission to perform this volunteer mission. When debris and enemy ground fires at the site caused them to abort the first attempt, Sergeant First Class Shughart and his team leader were inserted one hundred meters south of the crash site.
Equipped with only his sniper rifle and a pistol, Sergeant First Class Shughart and his team leader, while under intense fire from the enemy, fought their way through a dense maze of shanties and shacks to reach the critically injured crew members.
Sergeant First Class Shughart pulled the pilot and the other crew members from the aircraft, establishing a perimeter which placed him and his fellow sniper in the most vulnerable position. Sergeant First Class Shughart used his long range rifle and side arm to kill an undetermined number of attackers while traveling the perimeter, protecting the downed crew. Sergeant First Class Shughart continued his protective fire until he depleted his ammunition and was fatally wounded. His actions saved the pilot’s life.
Sergeant First Class Shughart’s extraordinary heroism and devotion to duty were in keeping with the highest standards of military service and reflect great credit upon himself, his unit and the United States Army.
The coordinated terrorist attacks of September 11, 2001 unfolded at nightmarish speed. At 8:46 a.m., the first plane struck the North Tower of the World Trade Center. Sixteen minutes later, a second jet hit the South Tower. At 9:37, an airliner hit the Pentagon. Within hours, thousands had died, including hundreds of first responders who’d rushed to the scenes to help.
But after the events quieted and the scope of the damage came into relief, it became clear that there was at least one element of the al-Qaeda terrorist plot where the damage had been mitigated—with the fatal crash of United Airlines Flight 93.
Like the three other planes hijacked on September 11, Flight 93 was overtaken by al-Qaeda operatives intent on crashing it into a center of American power—in Flight 93’s case, likely the White House or the U.S. Capitol. But instead of hitting its intended target, the United jet went down in a field in rural Pennsylvania. While all 44 people aboard the plane were killed, countless people who might have perished in Washington were spared because of a passenger revolt—a heroic struggle undertaken with whatever low-tech weapons they and the cabin crew members could muster.
Brendan Koerner, author of The Skies Belong to Us, a book about domestic airline hijackings in the 1960s and 1970s, says that in the hundreds of cases he studied for his book, he never came across anything like Flight 93’s passenger revolt.
“The attitude of passengers tended to be that airlines would give the hijackers what they wanted, and so there was relatively little threat to the passengers,” Koerner says. “There aren’t really that many instances of passengers getting involved.”
7:39–7:48 a.m.: The terrorists board, likely one man short
On the morning of September 11, four terrorists boarded United Airlines Flight 93 at Newark International Airport: Ziad Jarrah, a trained pilot; and three others, who were trained in unarmed combat and would help storm the cockpit and control the crowd. All four sat in first class.
There was one fewer hijacker on Flight 93 than the five-man crews that commandeered the other three planes, leading the 9/11 Commission Report to speculate that the United Airlines hijacking operated with an incomplete team. That commission speculated that an intended fifth hijacker—Mohammed al-Qahtani—had been refused entry to the country in early August at Orlando International by a suspicious immigration official, who thought al-Qahtani wanted to overstay his visa and live in the United States.
8:42 a.m.: The flight departs late
UA 93 left its gate at Newark International at 8:01 am, only one minute later than scheduled. But heavy traffic on the runway delayed takeoff for approximately 42 minutes.
As a result, one of the flights (Flight 11) was hijacked nearly half an hour before UA 93 had even left the runway, and both of the World Trade Center towers would be hit before the hijackers on Flight 93 had taken over their plane.
9:24 a.m.: Airline dispatcher warns United 93 about cockpit intrusion
With multiple hijackings unfolding across the country, United Airlines dispatcher Ed Ballinger sent a text message warning to pilot Jason Dahl: “Beware any cockpit intrusion—two a/c [aircraft] hit World Trade Center.”
Dahl, seemingly confused, wrote back, “Ed, confirm latest mssg plz—Jason.”
9:28 a.m.: United 93 is hijacked
While flying 35,000 feet above eastern Ohio, United 93 suddenly lost 7,000 feet as the terrorists rushed the cockpit. In the cockpit, the captain or first officer could be heard shouting “Mayday!” and “Get out of here!” into a radio transmission.
Sometime before 9:30 a.m.: Hijackers kill a passenger in first class
Tom Burnett, a first-class passenger on the flight, called his wife from the back of the plane at 9:30 to report the hijacking. On the call, Burnett told his wife, Deena, that a passenger had been knifed in front of the other passengers. On a subsequent call a few minutes later, he told her the passenger had died.
9:32 a.m.: Hijacker Ziad Jarrah threatens the passengers via the intercom
“Ladies and Gentlemen: Here the captain, please sit down keep remaining sitting. We have a bomb on board. So, sit.”
9:35 a.m.: Jarrah redirects the jet’s autopilot toward Washington, D.C.
At approximately the same time, recordings from the cockpit capture the sound of a flight attendant pleading for her life, then falling silent.
9:35–9:55 a.m.: Passengers and crew call their loved ones
For approximately 20 minutes, passengers and crew relayed information about their hijacking…and received word of the grim news on the ground. Planes had, by this point, struck both of the World Trade Center towers and the Pentagon. The passengers knew they were staring down a similar fate.
Passenger Jeremy Glick told his wife Lyz that passengers were voting on whether or not to storm the cockpit in an attempt to take back the plane.
“I have my butter knife from breakfast,” he reportedly joked.
Burnett told his wife that the passengers were going to wait until they were above a rural area before attempting their action.
Flight attendant Sandra Bradshaw boiled water, to throw on the hijackers.
Those on the flight who couldn’t get through to their loved ones left heart-wrenching voicemails instead. Flight attendant CeeCee Lyles called her husband, told him she loved him, and asked that he take care of her children.
“Are you guys ready?” one of the passengers, Todd Beamer, could be heard saying to the others while on a call with a telephone operator. “Let’s roll.”
9:57 a.m.: The passenger revolt begins.
The cockpit voice recorder captured the sound of passengers attempting to break through the door: yelling, thumping and crashing of dishes and glass. In response, Jarrah tried to cut off the oxygen and began pitching the plane left and right, to knock the passengers off balance.
9:58 a.m.: Jarrah instructed another hijacker to block the door.
9:59 a.m.: Jarrah began pitching the plane up and down, again hoping to neutralize the passenger assault.
10:00 a.m.: The hijackers discuss crashing early
Still approximately 20 minutes away from their target, the hijackers recognized that they would soon lose control of the aircraft.
“Shall we finish it off?” Jarrah asked one of the other hijackers in the cockpit.
“Not yet,” was the reply. “When they all come, we finish it off.”
In the background, a passenger screamed to another, “In the cockpit. If we don’t, we’ll die!”
10:01 a.m.: The hijackers decide to crash the plane
Jarrah again asked the other hijacker if he should crash the vehicle. This time, he was told, “Yes, put it in it, and pull it down.”
Jarrah pulled the control wheel hard to the left, causing the plane to fly upside down, and then to crash into the ground at a speed of 580 miles per hour.
Controversial arms are nothing new in the United States. During the 19th century, there were widespread concerns about criminal use of arms such a Bowie knives, slungshots, blackjacks, and brass knuckles. The full history of state, territorial, and colonial laws about controversial arms is detailed in my recent article for Notre Dame’s Journal of Legislation, The History of Bans on Types of Arms Before 1900, coauthored with Joseph Greenlee.
Because the article is thorough, it is enormous: 163 pages of text, and 1,563 footnotes. The student staff for volume 50 of the Journal of Legislation was spectacular. Not every law journal has staff who could handle such a megillah, let alone a staff that whose meticulous cite-check would improve the article.
The mainstream American approach to controls of the above arms were: 1. bans on concealed carry; 2. limits on sales to minors, such as requiring parental permission; and 3. extra penalties for misuse in a crime. Sales bans were the minority approach, and possession bans very rare.
From 1607 through 1899, sales bans for nonfirearm arms were:
Bowie knife. Sales bans in Georgia, Tennessee, and later in Arkansas. Georgia ban held to violate the Second Amendment. Nunn v. State, 1 Ga. 243 (1846).
Prohibitive transfer or occupational vendor taxes in Alabama and Florida, which were repealed. Personal property taxes at levels high enough to discourage possession by poor people in Mississippi, Alabama, and North Carolina.
Dirk (a type of fighting knife). Georgia (1837) (held to violate Second Amendment); Arkansas (1881).
Sword cane (a sword concealed in a walking stick). Georgia (1837), held to violate the Second Amendment. Arkansas (1881).
Slungshot or “colt” (most typically, a lead weight held in the tip of a flexible bludgeon). Sales bans in nine states or territories. The Kentucky ban was later repealed. Illinois also banned possession.
Sand club or blackjack. New York (1881), (1884), (1889), (1899).
Billy. New York (1881), (1884), (1889), (1899).
Metallic knuckles. Sales bans in eight states, later repealed in Kentucky. Illinois also banned possession.
Cannons. No bans. Restrictions on discharge without permission in a variety of municipalities.
American bans on possession or sale to adults of particular types of firearms were:
Georgia (1837), all handguns except horse pistols. Held unconstitutional in Nunn v. State, 1 Ga. 243 (1846).
Tennessee (1879) and Arkansas (1881). Bans on sales of concealable handguns. Based on militia-centric interpretations of the state constitutions, the laws did not ban the largest and most powerful revolvers, namely those like the Army or Navy models.
Florida (1893). Discretionary licensing and an exorbitant licensing fee for carry of repeating rifles. Extended to handguns in 1901. The law was “never intended to be applied to the white population” and “conceded to be in contravention of the Constitution and non-enforceable if contested.” Watson v. Stone, 148 Fla. 516 (1941) (Buford, J., concurring).
Earlier this month, the en banc Fourth Circuit, by a 10-5 vote, upheld Maryland’s ban on common rifles dubbed “assault weapons.” Judge Wilkinson’s majority opinion cited the article 16 times, and Judge Richardson’s dissent cited it 9 times. Bianchi v. Brown, 2024 WL 3666180 (4th Cir. 2024) (en banc).
The article has also been cited in three U.S. District Court opinions supporting the claims of Second Amendment plaintiffs. Association of New Jersey Rifle & Pistol Clubs, Inc. v. Platkin, 2024 WL 3585580 (D.N.J. July 30, 2024); Miller v. Bonta, 699 F.Supp.3d 956, 981 n.86, 987 n.107 (S.D. Cal. 2023); Duncan v. Bonta, 695 F.Supp.3d 1206, 1242 n.177 (S.D. Cal. 2023). And in a Third Circuit dissent disagreeing with Second Amendment claims. Lara v. Commissioner Pennsylvania State Police, 91 F.4th 122, 144-45, 147 (3d Cir. 2024) (Restrepo, J., dissenting).
As the cites indicate, judges can disagree about how strictly or broadly to draw historical analogies, and about what sorts of laws create an established tradition at a given level of generality. It is at least helpful, I hope, that judges can have access to a common set of facts about the historical regulation of controversial arms.
玉音放送 “The Jewel Voice Broadcast”
At 12 Noon Japan Standard Time, 15 August 1945, NHK, the Japan Broadcasting Corporation aired a speech Emperor Hirohito had recorded the previous day, accepting the Allies demand to surrender, or else.
And even after two “or else’s ” at Hiroshima and Nagasaki, it still took the Emperor himself to make the decision and force his cabinet to accept the surrender. That’s just how much the Japanese goobermint, especially the military, didn’t want to quit, but were forced to.
1:53-6:23 Speech by His Imperial Majesty the Showa Emperor.
9:14-13:45 Same speech but read more fluently by NHK announcer.
The Target Committee appointed by President Harry Truman to decide which Japanese cities would receive the Little Boy and Fat Man atomic bombings did not place Nagasaki among their top two choices. Instead they identified Kokura as the second target after Hiroshima. In Kokura, a city of 130,000 people on the island of Kyushu, the Japanese operated one of their biggest ordnance factories, manufacturing among other things chemical weapons. The Americans knew all this, but strangely had not targeted the city yet in their conventional bombing campaign. That was one of the reasons the Target Committee thought it would be a good option after Hiroshima.
The third choice, Nagasaki was a port city located about 100 miles from Kokura. It was larger, with an approximate population of 263,000 people, and some major military facilities, including two Mitsubishi military factories. Nagasaki also was an important port city. Like Kokura and Hiroshima, it had not suffered much thus far from American conventional bombing.
After the bombing of Hiroshima on August 6, workers on Tinian island labored intensely to put the finishing touches on the Fat Man bomb and prepare it for use. This was a plutonium implosion device of far greater complexity than the Little Boy bomb used at Hiroshima, which used uranium-235 in a fairly conventional explosive mechanism. The scientists and ordnance experts at Los Alamos had agonized for years over how to use plutonium in an atomic weapon, and Fat Man was the result.
The decision to use Fat Man just days after the explosion of Little Boy at Hiroshima was based on two calculations: the always-changeable Japanese weather—the appearance of a typhoon or other major weather event could force deployment to be postponed for weeks—and the belief that two bombings following in quick succession would convince the Japanese that the Americans had plenty of atomic devices and were ready to keep using them until Japan finally surrendered. Reports of approaching bad weather convinced the Americans to drop the next bomb on August 9.
A few seconds after the detonation of ‘Little Boy‘ over Hiroshima.
Combat Strike Operations Order 35
509th Composite Group U.S. Army Air Force
Taking off from Tinian island at approximately 2:45 a.m. with Colonel Paul Tibbets as command pilot of the ‘Enola Gay‘, the B-29 ascended to operational altitude as it flew to Iwo Jima island to rendezvous just before 6:00 a.m. with the accompanying observation and photography aircraft
At 08:09, Colonel Tibbets started his bomb run over Hiroshima and handed control over to his bombardier, Major Thomas Ferebee.
The release at 08:15 went as planned, and the gun type atomic bomb containing about 141 pounds of uranium-235 took 44.4 seconds to fall from the aircraft flying at about 31,000 feet to a detonation height of about 1,900 feet above the city.
Due to a crosswind, the bomb missed the aiming point, the Aioi Bridge, by approximately 800 feet and detonated directly over Shima Surgical Clinic with the force equivalent to 16 kilotons of TNT.
The radius of total destruction was about 1 mile, with resulting fires across 4.4 square miles.
Around 70,000 to 80,000 people, including 12 U.S. prisoners of war, were killed and another 70,000 injured.
Lewis, Clark, and the Girandoni Air Rifle
**************
About the Declaration there is a finality that is exceedingly restful. It is often asserted that the world has made a great deal of progress since 1776, that we have had new thoughts and new experiences which have given us a great advance over the people of that day, and that we may therefore very well discard their conclusions for something more modern.
But that reasoning can not be applied to this great charter.
If all men are created equal, that is final.
If they are endowed with inalienable rights, that is final.
If governments derive their just powers from the consent of the governed, that is final.
No advance, no progress can be made beyond these propositions.
If anyone wishes to deny their truth or their soundness, the only direction in which he can proceed historically is not forward, but backward toward the time when there was no equality, no rights of the individual, no rule of the people.
Those who wish to proceed in that direction can not lay claim to progress.
They are reactionary.
Their ideas are not more modern, but more ancient, than those of the Revolutionary fathers…………………
