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Newslinks for 2/13/2008

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Fear by Mike Vanderboegh
Submitted by: Mike Vanderboegh

There are 23 comments on this story
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"The fears of man are many. He fears the shadow of death and the closed doors of the future. He is afraid for his friends and for his sons and of the specter of tomorrow. All his life's journey he walks in the lonely corridors of his controlled fears, if he is a man. For only fools will strut, and only cowards dare cringe.' -- James Warner Bellah, 'Spanish Man's Grave' in Reveille, Curtis Publishing, 1947."

"... No wonder the ATF thinks they can get away with what they do. If you'll stop worrying about what the enemy can do to you and start thinking about what you can do to them, you'll have made a start at winning the fight. ..." ...
 

Is anti-gun group's FFL illegal? It appears so
Submitted by: Bruce W. Krafft

There are 12 comments on this story
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"As many have already blogged about the anti-gun organization, Violence Policy Center having a Federal Firearms License. On March 28, 2006; Kristen Rand, Legislative Director for VPC testified before Congress:"

"Ms. RAND. '... If you apply for a dealer's license in the District ... you have to notify the local law enforcement and you have to meet all zoning requirements, you have to be in compliance with all business license laws ...'"

"Mr. SCOTT. 'So you would limit the license to someone who was actually in the business, not just trading frequently?'"

"Ms. RAND. 'Correct. We would limit it to preferably people who are running stocking gun stores.'" ...
 

One more merchant worry: Mall violence
Submitted by: Brent Greer
Website: http://thereadyline.blogspot.com

There are 14 comments on this story
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"Typically shoplifters, fraudsters and scammers pose the biggest threat to merchants' bottom line."

"But a much more dangerous type of crime - mall shootings - has the retail industry on edge."

"Earlier this month, five people were fatally wounded in a strip mall shooting in Illinois."

"In December, a shooting at an Omaha mall - which was at least the fourth at a mall or a shopping center last year - resulted in the deaths of eight shoppers." ...

"Recognizing the enormous media attention and the potential for a negative fallout to retailers from such incidents, the NRF in January established a working group with the International Council of Shopping Centers (ICSC) to address how to combat active shooters in stores." ...
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KABA Note: Hmmm, how did they stop that Colorado church shooter?
 

NRA Gunning for Firearms Policies in National Parks
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

There are 7 comments on this story
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"A campaign by the National Rifle Association to repeal National Park Service rules relating to firearms is based upon misconceptions, according to an analysis released today by Public Employees for Environmental Responsibility (PEER). If the NRA is successful, it would mark the first time Congress would have enacted a statute to repeal a regulation governing the national park system – in this case, rules that date back to the origin of national parks." ...

"'The Second Amendment right 'to keep and bear Arms' does not specify that the weapons must always be loaded and holstered,' stated PEER Board Member Frank Buono, the former deputy superintendent of Mojave National Preserve ..." ...
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KABA Note: So this statist believes that the right to bear arms is satisfied by having the arms "rendered temporarily inoperable or are packed, cased or stored in a manner that will prevent their ready use".
 

There's Good News from Washington, D.C. for American Firearm Owners, Notes United States Gun Law Expert
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

There are 9 comments on this story
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"'There's good news from the Nation’s Capital these days for America's tens of millions of law-abiding firearm owners,' gun rights expert John M. Snyder said here today."

"He noted that just last week over half the U.S. Senate, including the President of the Senate, Vice President Dick Cheney, and over half the U.S. Representatives, signed an amicus brief submitted by Sen. Kay Bailey Hutchison of Texas to the U.S. Supreme Court in the case of District of Columbia v. Heller."

"By this action,' said Snyder, 'over half the members of each house of Congress have gone on record in declaring that the Second Amendment to the U.S. Constitution guarantees an individual right ...'" ...
 

GOA Files Blockbuster Brief Before The U.S. Supreme Court!
Submitted by: Bruce W. Krafft

There is 1 comment on this story
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"Gun Owners of America filed its brief yesterday before the U.S. Supreme Court in defense of Dick Anthony Heller ..."

"In this hard-hitting brief, GOA takes aim at the weak arguments put forth by both the DC government and the Bush Administration. But more than that, GOA examines the favorable text and context of the Second Amendment in great detail, while also documenting the pro-gun history that formed the backdrop of its inclusion into the Bill of Rights."

"The GOA brief even presents the greatest reason for the right to keep and bear arms, stating that 'the Second Amendment right is to be exercised as a last resort to guard against tyranny.'" ...
 

High court ruling expected on right to possess a firearm
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

There are 4 comments on this story
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"For the first time in the 217 years since the Second Amendment to our Constitution was adopted as part of the Bill of Rights, the Supreme Court is likely to rule this spring or summer that the amendment does indeed protect the right of an individual citizen to possess a firearm."

"Yes, you heard that right; even though there have been numerous Supreme Court rulings over the years that interpret or touch on the Second Amendment, the high court has never addressed that threshold question clearly and directly. Gun control advocates argue that the amendment merely guarantees the rights of citizens participating in state militias to possess firearms for that purpose." ...
 

SAF Files Amicus Brief in D.C. Gun Ban Case Before Supreme Court
Submitted by: Bruce W. Krafft

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"The Second Amendment Foundation has filed an amicus curiae brief in District of Columbia v Heller, the appeal of the landmark case that overturned the district's handgun ban on the grounds that it unconstitutionally violates the Second Amendment right to keep and bear arms."

"Written by attorney Nelson Lund at the George Mason University School of Law, the brief has already earned praise of veteran Second Amendment authority David Kopel, who noted in remarks on a popular Second Amendment website, "If you want to read a model Supreme Court brief, this is the brief to read.'"

"In the brief, Lund notes that the Second Amendment right of the people to keep and bear arms would remain even if the militia were disbanded." ...
 

CCRKBA Files Amicus Brief in D.C. Gun Ban Case Before Supreme Court
Submitted by: Bruce W. Krafft

There are 2 comments on this story
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"The Citizens Committee for the Right to Keep and Bear Arms has filed an amicus curiae brief in District of Columbia v Heller, in the appeal of the historic case that overturned the district's 31-year-old handgun ban because it violates the constitutional right to keep and bear arms affirmed by the Second Amendment."

"Written by Bellingham, Wash., attorney Jeffrey B. Teichert, the brief was filed in cooperation with the Evergreen Freedom Foundation and several university scholars. It carefully details the history of the Second Amendment, and dismantles arguments by the District of Columbia that the constitutional right to keep and bear arms was written only to protect some mythical state's right to organize and maintain a militia." ...
 

NY: New York State Rifle & Pistol Joins Other State Associations in Filing Brief in Supreme Court Case
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

There is 1 comment on this story
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"The U.S. Supreme Court recently agreed to hear a case in which a 31-year-old Washington, D.C. handgun ban was overturned ... the Supreme Court will be interpreting the language of the Second Amendment – specifically, whether it enumerates an individual right to keep and bear arms. Thus, the results of this case could be either a great victory or a devastating defeat for gun owners."

"The New York State rifle & Pistol association has joined 41 other state associations in filing an amicus brief [attached] urging the Supreme Court to uphold the ruling that the District's handgun ban violates the Second Amendment, and that the Second Amendment enumerates an individual right to keep and bear arms. ..." ...
 

TX: School of Law hosts handgun ban debate
Submitted by: Bruce W. Krafft

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"Two lawyers involved with District of Columbia v. Heller, a case scheduled to come before the Supreme Court in March, met at UT's School of Law on Monday to debate the constitutionality of Washington D.C.'s ban on handguns. The UT chapters of the American Constitution Society and the Federalist Society hosted the debate."

"Robert Levy, a member of the legal team suing the city's government over the ban, said it petitioned the high court despite winning at the appellate level because it wanted a ruling that would affect all states."

"The most fundamental point of contention between Levy and Tom Goldstein, counsel for the District of Columbia, was what kind of individual right to bear arms the Second Amendment guarantees. ..." ...
 

MT: Montana urges Supreme Court to uphold gun rights in D.C. case
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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FULL TEXT BELOW:

Montana has joined 30 other states in urging the U.S. Supreme Court to uphold a lower court ruling, affirming the individual's right to bear arms.

Attorney General Mike McGrath says the states signed a "friend-of-the-court" brief, that supports a federal appeals court ruling that the District of Columbia's ban on handguns violates the Second Amendment to the U.S. Constitution.

The District of Columbia bans ownership of handguns, and requires other guns kept in homes to be trigger-locked or taken apart.

McGrath says the Supreme Court will address whether the Constitution guarantees an individual right to have a gun for a private use, or whether it ensures only the collective right to have guns in organized military service.
 

MT: State signs gun rights brief
Submitted by: Bruce W. Krafft

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"Attorney General Mike McGrath on Monday formally threw Montana's weight behind a friend of the court brief filed in a high-profile gun rights case pending before the U.S. Supreme Court."

"Montana, along with 30 other states, signed the brief, which was written by Texas Attorney General Greg Abbott."

"The document asserts that the U.S. Constitution's Second Amendment guarantees individual citizens the right to own guns for personal use and is not, as some have argued, a guarantee that only citizen militias, like the National Guard, may have guns." ...
 

OR: Reps Flores-Thatcher Add Names to National Gun Rights Lawsuit
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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"State Representative Linda Flores (R-Clackamas) and State Representative Kim Thatcher (R-Keizer, Newberg, St. Paul) added their names to a new effort to overturn the ban on handguns in the nation’s capitol."

"The National Rifle Association filed an amicus brief with the U.S. Supreme Court and Representatives Flores and Thatcher are among dozens of women legislators across the country showing their support for the brief."

"'On behalf of NRA members in Oregon and all across the country, I would like to thank State Representatives Linda Flores and Kim Thatcher for their support of the Second Amendment and an individuals right to own firearms,' said Chris W. Cox, NRA's chief lobbyist." ...
 

IL: Tragedy spurs guns vs. no guns debate
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

There are 5 comments on this story
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"If the women inside the Lane Bryant store had been carrying guns, they could have shot it out with the gunman who eventually murdered them."

"If the state had banned handguns, the man who killed the five women in Tinley Park would not have been able to carry out such a slaughter."

"I've received e-mails and telephone calls from people representing both of these schools of thought in the past week." ...

"There may be information provided at some point that tells us how the Tinley Park mass murder might have been prevented."

"But people with evil intentions always will be able to harm good people."
 

SD: Debate continues on bill to loosen campus gun restrictions
Submitted by: Bruce W. Krafft

There are 6 comments on this story
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"Guns on campus."

"Melanie Satchell doesn't like the idea, especially if they're in the hands, dorm rooms and backpacks of students." ...

"... 'But I would have to say that probably 75 percent of the students don't agree with me on this.'"

"If that’s true, Craig Johnson is one of the many. The 21-year-old School of Mines senior from Baltic lives in an off-campus residence where he legally keeps a variety of firearms. Johnson uses guns for hunting and target shooting. ..." ...

"Johnson was disappointed Monday to hear the state Senate State Affairs Committee voted 7-1 to reject HB1261, which would eliminate most special restrictions on gun possession and storage on college campuses. ..." ...
 

TN: Gunfire Inside Memphis School Cafeteria
Submitted by: Bruce W. Krafft

There are 4 comments on this story
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"A high school sophomore arguing with another student shot him during a gym class Monday, saying 'It's over now' before handing the gun to a coach, authorities said."

"The victim, a 19-year-old senior, suffered at least two gunshot wounds and was taken to a hospital in critical condition, police spokeswoman Monique Martin said. The suspected shooter, a 17-year-old sophomore, was in custody."

"The shooting stemmed from an argument the two students had 'in the community' over the weekend, Mitchell High School Principal John Ware said." ...
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H/t to Nicki F.
 

McCain and Judges : Is "Enforcement of the Law" a Judge's "Sole Responsibility"?
Submitted by: Bruce W. Krafft

There are 10 comments on this story
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"Much has been made of McCain's recent promise on judges:"

"I intend to nominate judges who have proven themselves worthy of our trust that they take as their sole responsibility the enforcement of laws made by the people’s elected representatives, judges of the character and quality of Justices Roberts and Alito, judges who can be relied upon to respect the values of the people whose rights, laws and property they are sworn to defend."
"Some conservatives have found the above comforting. I (perhaps not surprisingly) find it troubling." ...

"For my part, I want judges who take preservation of the Constitution as their primary responsibility. Enforcement of the laws is secondary. ..." ...
 

Ron Paul - A viable candidate for American President in November 2008
Submitted by: Bruce W. Krafft

There are 11 comments on this story
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... "However on the outside of most of this political hucksterism is that beckoning voice of reason and change, of constitutionality and of conservative values. That voice belongs to Congressman Dr. Ron Paul, a man who seems to have the ability to bridge the gap between the disillusioned members of both the major and third parties while his following continues to grow attracting a diverse and eclectic group of constituents. Part of this is no doubt because the man votes his constitutional conscience rather than toeing any party line." ...

"Ron Paul is also a friend to the Second Amendment. He is in favor of the law-abiding citizen's right to carry concealed firearms ..." ...
 

Senate to Vote on Allowing Park Visitors to Carry Loaded Guns
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

There are 2 comments on this story
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"The U.S. Senate is likely to consider the 'National Forests, Parks, Public Land, and Reclamation Projects Authorization Act,' this week. When that happens, Senator Tom Coburn, an Oklahoma Republican is expected to offer an amendment to allow state law, rather than federal law, to govern the carrying and transportation of firearms in national parks and wildlife refuges."

"This measure was authored and is supported by the National Rifle Association, which said in a February 1 letter to its members, 'We have been working on your behalf for nearly five years to facilitate this policy change and are committed to ensuring that it finally happens this year.'" ...
 

FL: Assault weapon bill is a start, at least
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

There are 15 comments on this story
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"Make no mistake, the proposed new penalties in Florida involving buying, selling and using assault weapons are not the ultimate answer to a growing problem."

"What would be best for everyone is to restore the federal ban on assault rifles that expired in 2004. ..."

"But for now, the assault weapons proposal filed in the Florida Legislature is a good starting point." ...

"What's more important is that the bill would be an additional tool for prosecutors going after people who use false identification to acquire the weapons — and also those who knowingly and willfully sell to people using a false or invalid ID. Buyers and sellers could face up to 15 years in prison and face up to $25,000 in fines ..." ...
 

VA: Gun bill put on hold for this session
Submitted by: Bruce W. Krafft

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"Legislation to close concealed-weap-ons permits from public view is likely dead for the year."

"Sen. Edd Houck yesterday asked that the issue be studied another year."

"Houck's bill would have originally closed the state police database of permit-holders from the public, but left the individual permits, filed in courthouses, open." ...

"But as Houck's bill moved from committee to the full Senate, amendments were proposed to close not just the database, but the records in courthouses. Supporters of closing all the concealed-carry permits cite concerns that victims of crimes could be endangered by the publication of their private information." ...
 

CO: Local legislators feel crush of majority
Submitted by: Bruce W. Krafft

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"Two northeastern Colorado lawmakers were unable to make any headway again this year in their persistent legislative attempts to strengthen the right of citizens to bear arms as a deterrent to crime."

"... the Senate State Affairs Committee ... on Monday dispatched District 1 Sen. Greg Brophy's gun-related bill to the graveyard ..."

"Last week, the House Judiciary Committee also voted, 5-4, ... to kill a bill from Rep. Cory Gardner, R-Yuma, to extend the provisions of Colorado’s Make My Day law ... to places of business."

"Brophy, R-Wray, wanted to give people with concealed carry permits the ability to sue if they or a family member were wounded or killed in a location that had been declared a gun-free zone ..." ...
 

SD: Guns-on-campus bill out of ammo
Submitted by: Bruce W. Krafft

There are 2 comments on this story
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"Refusing to let college administrators restrict firearms on campus is more likely to promote tragedy than prevent it, a Sioux Falls senator said Monday before the bill was voted down in committee."

"'In the end, I can't see this preventing tragedy so much as promoting it,' said Sen. David Knudson, R-Sioux Falls."

"The bill, which had passed the House 63-3, was voted down 7-1 in the Senate State Affairs Committee."

"Rep. Tom Brunner ... was the bill's author. He said it wouldn't affect any state laws that restrict firearm possession or use but would 'get serious about supporting the Second Amendment.'"

"Brunner said gun-free policies do little but assure that only criminals will have firearms in any given situation." ...
 

Journals of the Continental Congress, "the articles of war . . . Rules and Regulations . . . in violation of the natural and civil rights", June 30, 1775
Submitted by: GunShowOnTheNet.com
Website: http://GunShowOnTheNet.com/

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"...The consideration of the articles of war being resumed..."

"...Rules and Regulations..."

"...Whereas his Majesty's most faithful subjects in these Colonies are reduced to a dangerous and critical situation, by the attempts of the British Ministry, to carry into execution, by force of arms, several unconstitutional and oppressive acts of the British parliament for laying taxes in America, to enforce the collection of these taxes, and for altering and changing the constitution and internal police of some of these Colonies, in violation of the natural and civil rights of the Colonies..."

"...the inhabitants thereof treated with a severity and cruelty not to be justified even towards declared enemies.* ..."
 

RI: Jury convicts N. Providence detective of burglary, gun charges
Submitted by: Bruce W. Krafft

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"A suspended North Providence police detective has been convicted of nine criminal counts, including burglary and trying to steal money from a stolen ATM."

"The Superior Court jury returned the guilty finding Monday against Sgt. Michael Ciresi."

"Judge Robert Krause set bail at $100,000 cash or $1 million in property. The detective was taken from the courtroom in handcuffs."

"Besides two counts of burglary, the jury convicted Ciresi of conspiracy, using a firearm in the commission of a crime of violence, receiving a stolen generator and obstruction of a police officer, among other offenses." ...
 

FL: Deputy now suspended after dumping man from wheelchair
Submitted by: Bruce W. Krafft

There are 8 comments on this story
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"The Hillsborough Co. Sheriff's Office held a press conference at 10:30am regarding the deputy who can be seen on video dumping a man in a wheelchair onto the ground."

"They've announced that Deputy Charlette Jones has been relieved of her duties without pay pending the outcome of an investigation. She has not officially been terminated." ...

"Docobo also announced that two corporals and a sergeant involved are now on administrative leave with pay ..." ...

"While we tried to get a written report about the incident, the major who runs the Orient Road Jail told us there is no incident report, because as far as they are concerned, they didn't have a problem with, or cause a problem to, an inmate in a wheelchair." ...
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H/t to Nicki F.
 

WI: NRA Great American Hunters Tour to stop at expo
Submitted by: New York State Rifle & Pistol Association
Website: http://www.nysrpa.org

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FULL TEXT BELOW:

The National Rifle Association's 2008 Great American Hunters Tour will stop at the Wisconsin Deer & Hunting Expo being held Feb. 22-24 at Shopko Hall, 1901 S. Oneida St., Ashwaubenon.

The event features 40 of North America's most famous, highest-scoring whitetail mounts.

Hunters can purchase NRA gear, swap stories and tactics with NRA staff and learn more about the NRA's role in protecting gun ownership rights.

For more information, call the NRA hunter services department at (800) 492-HUNT, (800-492-4868), e-mail membrey@nrahq.org or visit www.nrahq.org/hunting/greatamerican.asp.
 

TX: Back on Target: Christmas Mountains not a gun rights issue
Submitted by: Bruce W. Krafft

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"Sticking to your guns seems to be the prevailing theme in the debate over the Christmas Mountains, a remote 9,269-acre tract near Big Bend National Park, and we're glad that two of the decision-makers are sticking to theirs."

"The three-member School Land Board wants to give up the Christmas Mountains because the state lacks resources to manage the property. The Virginia-based Conservation Fund donated the land in 1991 with the provision that it remain in public hands and not be subdivided, developed or otherwise despoiled."

"The land board's chairman, General Land Commissioner Jerry Patterson, somehow interpreted this as a debate about the Second Amendment right to bear arms. ..." ...
 

VA: To stop the killing, stop the gun manufacturers
Submitted by: Bruce W. Krafft

There are 13 comments on this story
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"Gun sales by manufacturers, gun licensees, one-day- or one-night-stand sales at civic centers are being debated by friend and foe. One way to eliminate guns, new or used, is to pass a law to stop the manufacture of guns by all firearms companies."

"Does the public want that? Then close the importation of gun parts coming into this country."

"Oh, yes, the Second Amendment says the people have the right to bear arms and to maintain a well-regulated militia -- but not to open fire on a vast number of people randomly." ...
 

 QUOTES TO REMEMBER
You are bound to meet misfortune if you are unarmed because, among other reasons, people despise you....There is simply no comparison between a man who is armed and one who is not. It is unreasonable to expect that an armed man should obey one who is unarmed, or that an unarmed man should remain safe and secure when his servants are armed. In the latter case, there will be suspicion on the one hand and contempt on the other, making cooperation impossible. — Niccolo Machiavelli in "The Prince."

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