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June 29, 2008
Source: World New Daily July 10, 2008 Unloading the PC D.C. gun ban -- Larry Elder Source: The New American June 23, 2008 Edition Government -- is not the Problem -- Edwin Vieira, Jr. Source: The New American June 27, 2008 Deadly Consequences -- But the Right Call -- Eugene Robinson
There are horizontal checks and balances on governmental power between the legislative, executive and judicial. All school children are taught these. Then there are the checks and balances school children are never taught. Prior to the enactment of the 17th Amendment in 1913, there used to be a vertical checks and balances on governmental power between the states and the federal branch. Each State legislature had the power to appoint 2 U.S. Senators. The U.S. Senate would insure that the federal government did not step on state authority, over matters such as the schooling of children, the definition of marriage, how much water flushes in their toilets, and many, many other local matters. And then, there is the greatest checks and balances our Founders could ever have given us -- Our "individual" right as one of the 300 million people of the United States militia to check and balance the power of both the state and federal government. Noah Webster fought for his country against the tyranny of King George and understood this principle very well.
Of course, State constitutions can also prohibit the establishment of a state religion, guarantee free speech and such. But, the Federal Constitution does not command it. But you argue, "I have been told that the Fourth Amendment brings the 10 amendments to the states level. The States are just as restrained now in not violating our rights as the federal government always has been." OK, I wholeheartedly agree! When I read the First Amendment, I can clearly see, acting through the 14th Amendment, that the states are required by the Constitution to insure that "CONGRESS SHALL MAKE NO LAW" on these subjects. And furthermore, the States are insured that they are free to have an absolute right to make laws restricting speech and restricting the press, so long as their own State Constitution permits it. The States are certainly NOT required to allow a Jewish media-Scribe monopoly in all means of communications, as currently exists. There currently exists a Jewish monopoly in Hollywood, in broadcast journalism, in newsprint, in magazine content, and even in Broadway. A monopoly would never be allowed in the manufacture of cars, or even a monopoly of white managers in those car companies, for instance, but in the free expression of ideas to hundreds of millions of people, the Jewish media-Scribes have long held a monopoly. They have recently retaken the radio broadcasting spectrum in the formerly free "talk radio" segment, and are currently devising ways to limit competition from the newly invented Internet with "hate speech" laws, and other such means. Yet Congress, with no authority whatsoever, has written laws that allow it the authority to "regulate" the airwaves and soon will be imprisoning Internet bloggers such as myself for so-called hate crimes. The Supreme Court cannot find anything unconstitutional here, can it! Again, with the 1st Amendment, there is a HUGE exemption to its application -- it only applies to the laws Congress writes and hence the laws the executive enforces. As we will see, the 2nd Amendment has no such exceptions. None. Zip. Nada. One of our greatest "individual right" was in danger of being relabeled as a "collectivist right". Socialist collectivism had arrived at its apex, for it was argued by the socialists, communists and other collectivists that the Jewish media-Scribes cherish that: "individuals do not have the right to keep and bear arms'; instead, it is the collective right of the government to organize and control a collective militia". Once again, the Jewish media-Scribes were at work redefining our vocabulary where, up is really down, left is really right, bad is in actuality good, gay is not a sickness, and individuals only exist in one of two groups; either a government protected group or a government hit-list group like Mormons, Branch Davidians, or the entire group of employed white men. To the rescue comes what would look like an unlikely calvary; the Supreme Court. As anti-gun advocate Eugene Robinson even admits to:
All life boils down to two basic needs 1) a need to live today and 2) a need to live tomorrow, by way of reproduction. Sex and violence are programmed into the genes of all life. Sex for reproduction and violence to position oneself for that sex and for that reproduction. Even collectivists understand "The Law of the Jungle" -- actually, they revel in it. It is the only morality they understand. Christians on the other hand channel sex and violence into love within families and respect for authority. And when one reads all the Bill of Rights, there is only one amendment which has no restrictions, no exceptions, and no clarifying elements. That one is the Second Amendment's right to self-defense. Especially, a self-defense from the most powerful element in most people's lives; their own government. Need more proof that the Founders did not intend for there to be exceptions to the Second Amendment? Let's look at the exceptions the Founders insisted upon in the remaining 8 amendments, all having clear exceptions, clearly labeled: But there are exceptions. In peace, they have to have your consent. In war, they do not have to have your consent, but they have to be quartered in your home according to the due process of the law. We all have a right to be secure in our persons, houses, papers and effects against unreasonable searches and seizures. OK, but what if it is a reasonable search and seizure? And, if government gets a warrant, based upon probable cause, supported by oath or affirmation, and describing the place to be searched and the persons or things to be seized, then you have no right whatsoever to be secure in your person, house, papers or effects. No person shall be "held" (i.e. imprisoned) to answer for a capital, or other infamous crime. (we are all innocent until proven guilty) OK, you cannot be put into jail, awaiting trial by a "petite" jury to prove if you are guilty or innocent of murder, treason, rape, etc, UNLESS, a "grand" jury issues a preliminary "guilty" verdict upon you. After the Grand Jury, you are no longer "innocent", but now presumed "guilty", and can be held to answer for a capital crime. Even then there are exceptions for war and militia service. Pleading the "Fifth" is one of our most cherished rights. We believe we cannot be tried twice for the same offense. We believe we cannot be compelled in any criminal case to be a witness against ourself, nor that we can be denied life, liberty or property. But then there is the huge exception of "due process of law. If the law allows it, then the Fifth Amendment does not exist at all. All the "Fifth" does is prevent our public officials from making it up as they go. Our representatives in Congress have to have debated and voted on a law giving public officials any authority over us, before any public official can lay a hand on us. This is a great example of the arguments made by Viera in the New American article. "The Law" is "The People". Our representatives write the law, so the law is the will of the people. "The Government" therefore is "The People." What the Founders wanted to prevent was for individuals working for the government to actually be working against the people and the people's government. So let's say that a prison guard tortures a prisoner and obtains a confession. The law says that confessions obtained by torture is unreliable, as most tortured prisoners will tell a torturer anything they want to hear. The law says that such confessions cannot be used in a court of law. Therefore, the prison official is not performing his job in accordance with the will of the people who wrote the law. He is not doing the job the government hired him to do. He is a tyrant, but he is in no way the government. He cannot be the government, because his actions does not express the will of the people in their law. Hence, it is incorrect to say that, "The government violated my rights this way or that way". The government under the Constitution is absolutely incapable of violating any rights. Only criminals in places of authority in the government can be guilty of violating the law saying that torture is illegal. The worst case of criminals violating laws while representing the law is when our very representatives writes laws against the wishes of the People, because of a bribe and not because the governmental Constitution required the opposite. That representative is also not the government. He also acts upon the "color of law", for he has no authority to do anything but represent the people who elected him. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial... The exception? You do not have a right to a speedy and public trial in "non-criminal" prosecutions, such as the "non-criminal" prosecution for child abuse where child protective services (CPS) officials snatch your child away from you. Nor it appears does a man have a right to a speedy and public trial in a "non-criminal" divorce proceeding where his "property" of children and wife are taken away from him under authority of the state. In suits at common law, where the value in controversy does not exceed twenty dollars, the right to a trial by jury shall be preserved. Big exception! --Try to find a common law court anymore. Divorce court, administrative law judge courts, traffic courts, FISA courts, and CPS proceedings do not appear to be common law courts; otherwise, you could demand a jury trial to prove your guilt or innocence. Excessive bail shall not be required. Bail is allowed as long as it is not excessive. Who defines excessive? -- Government. The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. If there are any rights not specifically spelled out, we still have those rights for ourselves, but for those rights that are spelled out, the federal government has allowed itself the authority to "regulate" them through voting laws, anti-segregation laws, war on poverty laws, etc. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved by the States respectively. or to the People. This one does have a clear exception to the States. All governmental powers rests with the States, UNLESS the Constitution gives that power to the Federal government or if the Constitution restricts the States from a power. Now, we return to our Second Amendment. A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. The 2nd Amendment is the only absolute one we have. There are no exceptions, whether it be at the federal level, the state level, at the county level, at the city level, inside a courtroom, inside an airplane, inside a school, or inside a pub. To Viera, the 2nd Amendment can be read as"
On the positive side, the Supreme Court overruled the Jewish media-Scribe propaganda stating that the right to keep and bear arms is a collectivist right. They correctly stated that the Second Amendment is an individual right. ...And then, they invalidated the Second Amendment altogether as an individual right. They stated that the District of Columbia has the authority to grant licenses to have a gun, with its corresponding authority to NOT grant a license to have a gun. Furthermore, the Supreme Court allowed to continue the registering and tracking of guns by governments at all levels, which has come in vogue as of late. In doing so, the implicit ruling, once you get past the false moaning, groaning and gnashing of teeth of the Jewish media-Scribes, and the equally false jubilant celebrations of the NRA, is that government has a right to grant or deny their permission (license) to an "individual" to have a gun, so long as that grant or denial is not arbitrary or capricious and can track who has the guns. Hardly the UNALIENABLE right to not have our rights infringed which we all would expect our Supreme Court to uphold. The Heller case has indeed infringed upon an individual's right to keep and bear arms, even as it defines the right as individual. It has more than fringed the edges of the Constitution; it has torn it into pieces. Politicians of just two generations ago understood the right to keep and bear arms to be an individual right. They did not need lawyers just finished genuflecting at the Supreme Court alter to tell them so. AND, they would not dreamed of asking their constituents to go to a government bureaucrat, so that the law-abiding, taxpaying voter could register himself as a gun owner by trying to prove himself a respectable citizen. In striking down the harsher elements of the D.C. gun-control laws, the Supreme Court's real impact will be in affirming the un-Constitutional gun-control licensing requirement of government. We peasants can have our pitchforks for now. But, only as long as our masters know which of us have the pitchfork, so as to be able to come after them when the time arrives. The Heller case never touched on the part stating "shall not be infringed", and so they allowed the 2nd Amendment to continue being infringed by the state. Freedom in America indeed looks bleak. Constitutional government cannot long endure with America having so many anti-Constitution politicians in office. Article located at: http://thechristiansolution.com/doc/20080629_30_RighttoBearArms.html |
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Christian Libertarian: Harmonious Union of Church and State The Christian Solution © was released March 15, 2008 |
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