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April 10, 2023

Per a request by @MightyPaix here is the commentary I posted during the Sunday lifestream, providing some background on the AK-47 and AR-15. This post is rearranged slightly for easier reading, and I added some more relevant info.

1) What is an AK-47?
The original AK-47 was developed by Mikhail Kalashnikov (who was a tank commander during the war) and was called the Avtomat Kalashnikova 1947 (so automatic Kalashnikov 1947). At that time new weapons were often designated by the year of approval and this is the reason for the "47." The design was updated soon after, and most rifles built in the Soviet Union were actually the updated AKM. Funny enough, they didn't build very many of the actual AK-47.

The design was influenced by the German StG 44 and both rifles appear similar enough that StG 44s are often mistaken for AK-47s in historical photos. Tip: if the photo is of Russians during WWII, they're carrying captured German rifles. Also, Brad Pitt carries one in the movie Fury.

2) Design and patents
Just like with the famous AR-15, the patents on the operating mechanism expired forever ago therefore lots of companies make their own versions of both these rifles, including in the US. They are often referred to as "AK" (instead of "AK-47" ) because these modern rifles use the same essential mechanism but aren't historical reproductions of the actual rifle. In the industry this is called a "pattern" so they are "AK pattern rifles."

AK pattern rifles are popular with some gun owners due to the increased reliability of the gas-piston system over the direct-impingement system used in the AR pattern.

3) Ammunition
The rifle was designed to fire 7.62x39mm ammunition (basically a low powered .30 caliber) and that's still the most common in civilian use. The Russian military swtiched to a new cartridge (5.45x39mm) and a new version of the rifle, designated the AK-74. Current AK rifles are available for the 7.62x39mm cartridge, the US standard 5.56x45mm NATO (like the AR-15), as well as other cartridges.

The 7.62x39mm round is very tapered, so ejection is much more reliable than the AR. The extreme curve of the magazine is created by the large taper of the cartridges. Ammunition is cheap and you can even buy steel-cased ammo from Russia (or, you could before the sanctions).

The 7.62x39mm is also more powerful than the 5.56x45mm NATO round of the AR. For reference, here are some general approximations:
.30-06 (US M1 Garand rifle, WWII) - 3,900 joules of kinetic energy
7.62x51mm NATO (US M14 rifle) - 3,400 joules
7.62x39mm (AK-47, AKM) - 2,200 joules
5.56x45mm NATO (US M16, AR-15) - 1,800 joules
These numbers vary widely based on barrel length, cartridge loading, etc. But you get the point - the scary AR is firing a cartridge less than half as powerful as the standard for WWII.

4) Legality
The legality of both types are the same, as they are currently sold in the US market. Just like the AR rifles, civilian versions of the AK are semi-auto only unless you have a special license.

"Assault weapon" bans include all of the AK pattern rifles in their list of guns to ban, and legally they are treated the same as an AR-15. From a practical legal standpoint, the only difference between the two is the standard AK round isn't commonly manufactured in the US so it's easier to cut off the ammo supply to the public by banning ammunition imports.

Keep in mind there are other rifle design patterns so not all rifles that fire these cartridges are AK or AR type rifles. For example, H&K makes a popular line of rifles that use the same magazines as the AR but are not AR rifles - although they have the same mounting rails so they can carry the same accessories. Every scary black rifle isn't an AR.

If you want to learn more, pick up a copy of The Gun by C.J. Chivers, which is about the development of the AK-47 but also discusses the development of the M16 (the military designation for the full-auto version of the AR-15).

(Note for future arguments: firearm ballistics is one of the most contentious subjects on earth, made worse by the fact that it's not really legal to test guns by shooting people. Take everything said by everyone, including me, with a grain of salt).

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Convicted Felon DROPS OUT of Texas Race… AND STILL BEATS THE REPUBLICAN!

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https://open.spotify.com/episode/4u6vthbPvMXcSwR95gYvY4?si=bgrrHxkURxmr85-jVSzNag&utm_source=copy-link

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Declaration of Independence
Board Poll: Sunday Topics

For tonight's special 8 pm edition, pick your top topic, if any, and add your own topic, comment or question in the replies below as the Show Notes for the Sunday Show.

There are 46 days until Christmas Day (Friday, December 25, 2026)

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The Barnes Brief: November 6, 2026
I. THE INTRODUCTION
 

Special Notices

 
A. Art of the Day 
  • A common source of painting over the years: the Charles Bridge in Prague, it’s broad pathway bordered by statues of saints over the centuries blessing the passers by. In the eye’s view awaits towering buildings criss-crossing the ages of architecture, from the Romanesque to the Cubist, the Gothic sprites to Rennaisance palaces, from the Baroque glamor to the Art Nouveau throwbacks. Prague — the place where a local biker barking at you on Kafka street seems strangely in sync with the wild styles that speak to you across its skyline, where a visit to a local cafe invites you back into a 12th century cave where dissidents hid out and plotted revolutions.  All of it you can glimpse from the bridge that bridges time itself across its skyline. 
 
B. Wisdom of the Day
 
  • "No man is big enough to run this great Republic. There never has been one. Such domination was never intended. Tranquillity, stability, dependability—all are assured in party sponsorship. and we mean to renew the assurances which were rended in the cataclysmal war.” Warren Harding, July 1920. 

 
C. Appearances & Publications
 
 
D. Daily Picks
 
E. *Bonus: Board Post of the Day
 
II. THE EVIDENCE: BARNES LIBRARY
 
A. Food & Medicine
 
B. Economics
 
C. Politics
 
D. Geopolitics
 
E. Culture & History
 
III. HOMEWORK: Ten of the Top Cases for Sunday Show
  1. Dhillon out. https://www.nytimes.com/2026/11/05/us/politics/harmeet-dhillon-resigns-doj-civil-rights-unit.html
  2. Brennan potential prosecutor out. https://thehill.com/regulation/court-battles/6203924-reding-quinones-doj-resignation/
  3. Big Tech demands right to harm kids. https://www.courthousenews.com/wp-content/uploads/2026/11/meta-v-bonta-complaint.pdf
  4. Trump project blocked. https://www.courthousenews.com/wp-content/uploads/2026/11/chutkan-trump-memorial-arch-blocked-opinion.pdf
  5. Ukraine abuse exposed. https://courthousenews.com/wp-content/uploads/2026/11/gandzyuk-and-others-v-ukraine-echr-judgment.pdf
  6. Immunity at SCOTUS. https://www.courthousenews.com/wp-content/uploads/2026/11/nielsen-scotus-cato-amicus.pdf
  7. Brand convicted. https://www.reuters.com/world/comedian-russell-brand-found-guilty-rape-2026-11-05/
  8. Business reviews and libel law. https://courthousenews.com/minnesota-high-court-urged-to-shield-negative-google-reviews-from-defamation-suits/
  9. Panhandling ban held unconstitutional. https://media.ca11.uscourts.gov/opinions/unpub/files/202311163.pdf
  10. European censorship laws expand. https://rmx.news/article/prison-time-for-discussing-the-great-replacement-french-left-wing-lawmakers-push-for-new-draconian-law/
 
IV. CLOSING ARGUMENT: Classes in the Constitution — Presidential Impeachment
  • The Constitution confers the power of removal of the President through impeachment to Congress, and Congress alone.
  • First, Section 2 of Article I governing the legislative powers of the federal government provide the House “shall have the sole Power of Impeachment” acting as the grand jury function in the impeachment process. The Senate has no role in initiating impeachment, and can only act if the House acts first. The absence of super-majority requirements provide the House to allow impeachment by a mere majority of it’s members present, like any other legislative act.
  • Second, section 4 of Article II cabins what can constitute grounds for impeachment can result in removal, conditioning it upon three substantive claims — treason, bribery or other high crimes and misdemeanors, No specific definition is given of what constitutes “high crimes” but its analogy to treason and bribery provide some direction, as does the historical understanding of the term at the time of ratification — the kind of criminal act that endangers the Constitutional republic and cannot be answered by awaiting a Presidential election.  Treason itself is Constitutionally constricted definitionally in section 3 of Article 3 to “consist only in leving war, or in adhering to their Enemeies, giving them aid and comfort.”
  • Third, Section 3 of Article I imposes further substantive constraints on Impeachment by limiting the legal consequences of impeachment “shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States” while coequally providing that conviction in impeachment does not act as double jeopardy against subsequent criminal prosecution.
  • Fourth, Section 2 of Article 3 removes jury trials from “cases of impeachment” and removes the judicial branch from the Presidential impeachment process except for one limited role: the Chief Justice presiding over the trial.  Under Clause 6 of Section 4 of Article I, the Constitution confers the “sole power to try all impeachments” to the Senate, requiring a “concurrence of two thirds of the members present” to convict.
  • Fifth, the judgment of conviction is not appealable to any other body, and the Senate’s declaration according to its own roles immedietly effects “removal from office.” It has no retroactive or retrospective effect on the legality or validity of any prior Presidential act, even if that act is the grounds for impeachment and conviction itself. Other than Chief Judge setting the rule for evidence admission, the interpretation of the impeachment clause and its impact is left to the judgment of the House and Senate alike. Theoretically, a Chief Justice could impose a different intepretation on the substantive meaning of the conditions of conviction, given its power to “preside over” the trial, but has generally not been interpreted or applied in that manner. 
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The Barnes Brief, Halloween Weekend, 2026
I. THE INTRODUCTION
 

Special Notices

 
A. Art of the Day 
  • Mysterious without malevolence, a Sleepy Hollow kind of invite, in the deep woods of deep fall, the kind pumpkins waiting like hitchhikers on All Hallows Eve to greet a pleasant hello, the wavy trees just spooky enough to give a premonition of concern without too much fear, the road part inviting to the curious, part concerning to the wary traveler. Welcome to All Hallows Eve. 
 
B. Wisdom of the Day
    • “The Harvest Moon glows round and bold,
      In pumpkin shades outlined in gold,
      Illuminating eerie forms,
      Unnatural as a candied corn.
      Beware what dare crawls up your sleeve,
      For 'tis the night called Hallows Eve.” Richelle Goodrich. 
 
C. Appearances & Publications
 
 
D. Daily Picks
 
E. *Bonus: Board Post of the Day
 
II. THE EVIDENCE: BARNES LIBRARY
 
A. Food & Medicine
 
B. Economics
 
C. Politics
 
D. Geopolitics
 
E. Law
III. HOMEWORK: Ten of the Top Cases for Sunday Show
  1. Right to sue judges. https://www.courthousenews.com/wp-content/uploads/2026/10/us-v-maddox.pdf
  2. Government funded ads stopped. https://courthousenews.com/judge-blocks-3-maga-ads-over-concerns-they-breached-taxpayer-funded-propaganda-law/
  3. NFL verdict reinstated. https://www.courthousenews.com/wp-content/uploads/2026/10/ninth-circuit-nfl-opinion.pdf
  4. Zuckerberg suit. https://www.courthousenews.com/wp-content/uploads/2026/10/meta-zuckerberg-stock-control-bid-class-action.pdf
  5. 2ndA & CIA. https://courthousenews.com/fourth-circuit-considers-second-amendment-argument-from-man-arrested-near-cia-headquarters/
  6. Candace vs Macron. https://www.courthousenews.com/wp-content/uploads/2026/10/macron-owens-dismissal.pdf
  7. United sued for high costs by employers. https://www.plansponsor.com/six-employers-accuse-unitedhealth-of-breaching-fiduciary-duty/
  8. Ninth Circuit allows blocking DHS elections investigation. https://drive.google.com/file/d/1hUpCfn3tnQMXEyk7nC1yD-ls2ZHeeK19/view
  9. Abortion right questioned. https://cdn.ca9.uscourts.gov/datastore/opinions/2026/10/30/26-5558.pdf
  10. Comey indicted. https://storage.courtlistener.com/recap/gov.uscourts.dcd.297297/gov.uscourts.dcd.297297.1.0.pdf
IV. CLOSING ARGUMENT: Classes in the Constitution — Governing Elections
  • Article I establishes how individuals become members of the House of Representatives; first, they must be “chosen every second year”; second, they must be chosen “by the People”; third, the represenation must be by the “several states”; fourth, the voters must be as broad the qualifications for voting for a member of “the most numerous branch of the state legislature.” Article I limits the qualifications for holding office to age (25 years or older), duration of citizenship (7 years minimum), and an inhabitant of the state claiming to represent (at time of election). Of note, the number of representatives within a state depend upon a required census and apportionment.
  • Article I further establishes state control over elections to federal office, subject to Congressional oversight. As Clause 2 of Section 4 of Article 1 provides: The Times, Places and Manner of holding Elections for Senator and Representatives shall be prescribed in each State by the Legislatire thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.”
  • The first aspect confers control over the “times” of “holding elections" to Congress to “each State”; the second aspect confers control over the “places” of "holding elections” to “each State”; the third aspct confers the “manner” of holding such elections to “each state.” Of note, the power conferred is not given to the state as a whole; rather, in each case, the power is conferred only upon “the legislature thereof.” Note the power is not conferred upon the judicial branch or executive branch of the state, nor to lower county , city or town functionaries of the state. The power to control federal elections is conferred solely upon the legislature of the state. Notably, Congress’ supervisory power is equally constrited to “the times, places and manner” of holding federal elections which they can only “make or alter” by a passed “law.”
  • Of particular note, the “judge of the elections, returns and qualifications” is solely the Congress itself under section 5 of Article I.  Article 2 confers no particular elections power on the Presidency. Article 3 confers no particular elections power on the Judiciary. Congress may, under its power to regulater the “times, places and manner” of elections confer power upon the executive branch or the judicial branch as it seels fit as long as it does not delegate legislative-making power to those bodies.  
  • The Constitutional qualification to it all is the Bill of Rights, restricting the state method of governing election that may condition access to the ballot or expression by the voter according to status. The First Amendment prohibits states from limiting the freedom of assemply and association, of which elections remain the paramount form. The Tenth Amendment protects the right of the people preserved against all governments. The Fifteenth Amendment protects the “right of citizens of the United States to vote” without regard to race. The Nineteenth Amendment protects “the right of citizens of the United States to vote” regardless of gender. The Twenty Fourth Amendment protects “the right of citizens of the United States to vote” regardless of “poll tax or other tax.” The Twenty Sixth Amendment protects “the right of citizens of the United States to vote” regardless of age once a person is at least 18. The broad 14th Amendment provides for Congress to pay laws protecting all property and liberty from incursion or intrusion by the state, manifested in the Civil Rights Acts and Voting Rights Act laws of Congress that, in turn, confer power upon both the Exeuctive branch and the Judicial branch accordingly.
  • Aside from matters arising under the Bill of Rights or special Congressional legislation, the Constitution otherwise confers all powers of regulating federal elections solely and exclusively to the legislature of each state. 
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The Barnes Brief: Weekend of October 24, 2026
I. THE INTRODUCTION
 

Special Notices

 
A. Art of the Day 
  • I love globes and maps, especially those with a vintage flavor or ancient maps of how we perceived the world in the past, to show quickly the world can change, how connected so many part of the world can be, the ever present reality of geography in history and contemporary geopolitics, continuing to shape the world we inhabit and how rapidly it we can shift. 
 
B. Wisdom of the Day
  • “Each betrayal begins first with trust.” Martin Luther. 

C. Appearances & Publications
 
 
D. Daily Picks
 
E. *Bonus: Board Post of the Day
 
II. THE EVIDENCE: BARNES LIBRARY
 
A. Food & Medicine
 
B. Economics
 
C. Politics
 
D. Geopolitics
 
E. Law
 
III. HOMEWORK: Ten of the Top Cases for Sunday Show
 
  1. ICE Detentions. https://s3.documentcloud.org/documents/28830924/sosnava.pdf
  2. ICE & Elections. https://www.courthousenews.com/wp-content/uploads/2026/10/california-nurses-vs-mullin-preliminary-injunction.pdf
  3. ID & Elections. https://www.courthousenews.com/wp-content/uploads/2026/10/scanlan-v-coalition-open-democracy-order-scotus.pdf
  4. DOJ sues Alaska over Senate race. https://storage.courtlistener.com/recap/gov.uscourts.akd.80263/gov.uscourts.akd.80263.1.0.pdf
  5. Bias rejected in Italy trial. https://courthousenews.com/wp-content/uploads/2026/10/berlusconi-v-italy-echr-2026-judgment.pdf
  6. Tommy Robinson trial. https://courthousenews.com/british-far-right-activist-defends-messages-to-journalists-in-harassment-trial/
  7. DEI reversal cites AI judges. https://www.courthousenews.com/wp-content/uploads/2026/10/fifth-circuit-mississippi-dei-injunction-reversed.pdf
  8. 2A win in NY. https://www.courthousenews.com/wp-content/uploads/2026/10/buffalo-fed-body-armor-ruling.pdf
  9. Instacart discrimination. https://www.justice.gov/opa/pr/civil-rights-division-and-equal-employment-opportunity-commission-secure-5000000-joint
  10. 2A protects switchblades. https://storage.courtlistener.com/recap/gov.uscourts.ca5.225116/gov.uscourts.ca5.225116.136.1.pdf
 
IV. CLOSING ARGUMENT: Classes in the Constitution — Presidential & Vice Presidential Replacements
 
  • Section 4 of Article II the Constitution provides the President “shall be removed from office on impeachment for, and conviction of, treason, bribery or other high crimes and misdemeanors.” The House gets to be the sole judge of what constitutes a "high crime and misdemeanor" for impeachment while the Senate gets to be the sole judge of what facts constitute "a high crime and misdemeanor." 
  • Clause 5 of Section 2 of Article I vests the power of Impeachment solely to the House of Representatives. Given no specific requirement as to support to impeach, the majority vote default rule presides historically.
  • Clause 6 of Section 3 of Article I vests the power to try impeachments solely in the Senate, requiring "Concurrence of two thirds of the Members present." This means Senators who absent themselves from the Chamber may be excluded potentially from the baseline required to reach two-thirds. 
  • Clause 6 of Section 1 of Article II provides that the Vice President obtains the powers of the President — “all executive powers of the federal government — “in case of” either “removal, death, resignation or inability to discharge the powers and duties of the said Office.”
  • In the instance both are removed, resigned, die, or are unable to discharge the duties, then Congress may legislate what Officer shall then act as President. The Presidential Succession Act of 1947 provides that the Speaker of the House becomes the officer who becomes President in case of Presidential and Vice Presidential absence, followed by the President Pro Tempore of the Senate, and then the cabinet in priority of when that cabinet office was first established. In that last instance, the Secretary of State is first, the Secretary of Treasury second, and the Secretary of Defense third.
  • The Twenthy Fifth Amednment slightly amends that process, still proving the succession protocols. In the case of removal, or death or resignation, “the Vice President shall become President.” Replacement of the Vice President requires Presidential nomination and “confirmation by a majority vote of both Houses of Congress.” 

 

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