Critics on the left are relentless about trotting out the term 'fascist' to apply to the Bush administration over its efforts to beef up Homeland Security at the expense of Constitutional rights. To some degree, it's a valid criticism, though I prefer the term 'statist' to 'fascist'. There are certainly things in the USA Patriot Act which trample the 4th Amendment, though that bill passed with strong majorities in both parties.

Every once in a while, even though they are out of power, the Democrats remind us of what real statists would do if they were in power and saw an opportunity to shred the Constitution and empower themselves on the pretext of national security. We got a great example of this last week when the Homeland Security Appropriations bill came up for consideration. It included an amendment from Senator David Vitter (R-LA), which prohibited the use of any taxpayer funds for the confiscation of lawful firearms held by private citizens during an emergency or disaster.

The Vitter amendment was inspired by the outrageous behavior of local officials in New Orleans during the Katrina disaster, when they ordered the National Guard and local police to confiscate legal firearms from citizens and then didn't return them until compelled months and several lawsuits later. The citizens needed those guns to defend themselves and their property and the government that had failed to protect them took away that last and essential protection in a time of crisis.

So the Vitter Amendment is a very, very good thing. It is a blow struck on behalf of our rights as the founding fathers intended them to be protected. When it came up for a vote in the Senate last week, for once, our legislators didn't let us down. It passed overwhelmingly, supported by all 55 Republicans and a majority of Democrats as well.

What's dismaying is 16 Democrat Senators voted against the amendment, giving us a chilling preview of the threat our rights would face if Democrats were to gain control of one or both houses of Congress. These enemies of your rights include the usual rogues gallery of statist villains like Edward Kennedy (D-MA), Barbara Boxer (D-CA), Dick Durbin (D-IL), and Chuck Schumer (D-NY). But the most chilling member of the cabal was Senator Hillary Clinton (D-NY), belying her cynical attempts to move to the political middle and showing her true colors when she thought no one was looking. When the 2008 presidential campaign gets going, remember Hillary Clinton stood on the side of an oppressive state even when the majority of her own party stood up for your rights.

The Vitter Amendment hasn't yet made it into law. It still has to pass the House of Representatives as part of the Disaster Recovery Personal Protection Act and ought to be up for a vote in the next few weeks. When that vote comes, keep your eye on it. It ought to provide the same kind of moment of clarity for the House that this recent vote did for the Senate.

For once, it might actually be worth your time to stay awake through a few hours of C-Span, just to see which House members care about your rights and which ones will join the 16 Senate Statists in voting to support an oppressive government against people who just want to be safe in their homes and persons. When they vote and the lines are drawn, ask yourself just who the real fascists are, and take that memory with you all the way to the voting booth in November.