In November 2018 an elated New York Times reported that Andrew M. Cuomo had secured a third term in Office as Governor of New York. The newspaper asserted, with typical exuberance and fanfare, that:
“In defeating Marcus J. Molinaro, the Dutchess County executive, Mr. Cuomo, 60, soaked up the vast majority of votes in New York City, mirroring his success in the September primary, in which he defeated Cynthia Nixon, the actress and education advocate. The race was called by The Associated Press shortly after polls had closed at 9 p.m.
Addressing a crowd gathered at a Midtown hotel, Mr. Cuomo said that his victory symbolized the liberal ways of New York, which he called the ‘progressive capital’ of the nation and a fortress against the policies of Donald Trump, a New Yorker himself.”
Andrew Cuomo—never one to exercise humility and restraint either in words spoken or in actions taken—has shaped and molded New York into his own image, a bastion of Left-wing ideology, increasingly out-of-touch with the Nation at large, and a slap-in-the-face to the vision our founders had for the Nation. Yet, what he has wrought upon the people of New York, he would dare impose on the entire Nation.
In the last few months since the election, Cuomo has become increasingly emboldened. And, why shouldn’t he be emboldened? After all, as the Democratic Party has lurched ever Leftward, openly extolling the tenets of Socialism and Communism, and exhorting the Nation to follow suit, Cuomo has made abundantly clear that his own star must continue to rise.
Indeed, The New York Times suggested, in its Sunday March 10, 2019 edition, titled, “Centrist Democrats Squirm as Rivals Swerve left in Presidential Race,” that Andrew Cuomo may be one of two logical choices to wear “the moderate mantle” as Democratic Party Presidential hopeful, now that former mayor Michael R. Bloomberg has bowed out of the race, and former Vice President Joseph R. Biden presently remains undecided.
Yet, if Andrew Cuomo can reasonably be considered a political moderate or centrist, it goes to show just how far off the deep end the Democratic Party has fallen. Or, perhaps, The New York Times simply seeks to create the impression that Cuomo is a stalwart, solid, and stolid political moderate or centrist, knowing that an outright Socialist such as Bernie Sanders would not likely pull-off a victory against Trump in 2020.
The fact remains that Andrew Cuomo is no less a Left-wing radical than is Bernie Sanders or Cory Booker, or Kamala Harris, or Kristen Gillibrand. Andrew Cuomo is as radical in his politics and in his policy choices as they are. He is as radical as they come. Simply look at the New York policy measures that Cuomo campaigned for and that he signed into law. Consider: Cuomo was instrumental in signing into law, in February 2019, an abortion measure that literally sanctions murder. Even pro-choice Americans look askance at late term abortions, much less abortions at the moment of birth, but not Andrew Cuomo.
Keep in mind that the very word, ‘abortion,’ has literally been written out of New York’s Penal Code. Given that fact, it follows from this action, both logically and legally, that abortion at any time, up to and including the moment of birth, is now in effect lawful, even if apologists for the law, insist that isn’t the case at all. It is. Since no penalty is exacted from the perpetrator of an abortion, effectively, then, no crime exists upon which the perpetrator of the act can be indicted. This New York law that Cuomo gloats over is hardly representative of a political moderate or political centrist.
But if you were to ask him, Andrew Cuomo would likely tell you that he is a political moderate. He would tell you, consistent with his belief—or, if not, then, consistent, at least, with his claim, hoping you would believe him—that his political views and policy objectives are clearly within the mainstream of the Country even if they really aren’t. And, of course, they aren’t. New York’s abortion law is a prime example. Take another: Cuomo’s continued assault on the right of the people to keep and bear arms.
In 2018, during his campaign for a third term as Governor of New York, Cuomo, made clear that the New York Safe Act—what he and others would claim as his true signature achievement—was not the endgame; not by a longshot. It is but a mere skirmish in Cuomo’s ongoing campaign to weaken the Second Amendment, and eventually to obliterate it. He would if he could do so in New York, and he would relish doing the same well beyond the borders of New York, namely, throughout the Nation.
The weblog, Spectrum Local News reported that, during his campaign for a third term in Office, “Cuomo has not just defended his staunch support for gun control, he’s pledging to expand the existing law.”
If anyone were to think this was an empty campaign pledge, think again. It wasn’t. Cuomo was deadly serious. In January of 2019, as reported by Hudson Valley 360, Cuomo, “announced plans . . . to increase gun control within the first 100 days of the new legislative session,” and he further chortled, “‘New York already has the strongest gun safety laws in the nation, and we are taking additional steps to make our laws even stronger and keep our communities, and our schools, safe. Together, we will pass this common sense legislation and send a clear message to Washington that gun violence has no place in our state or nation.’”
To some, this may be viewed as a hopeful promise. But, to the vast majority of the Nation’s citizenry this is a singular, dire threat that must be taken seriously and fought ferociously against.
Now that Democrats control both the New York Assembly and the New York State Senate, Governor Cuomo is able to make good on that frightful promise. But, one may well ask: why would Cuomo do so; why would he think it necessary to do so? What would that really accomplish other than making it increasingly onerous, if not impossible, for the average law-abiding New York resident and citizen of the United States to exercise his or her fundamental right, under the Second Amendment? But, then, is not that really the point? Is not that really Cuomo’s ultimate objective: the dissolution of the Second Amendment to the U.S. Constitution? And, Is not that a primary goal of all radical Leftists?
Of course no one can, with a straight face, argue that New York’s present gun laws are lenient, relaxed, or sensible. New York’s gun laws–especially those in New York City, and in a couple of New York’s Counties–are anything but lenient and relaxed; And those gun laws are anything but ‘sensible’—to use a common appellation of antigun zealots, in reference to their constant call for ever more “sensible gun control” measures. No!
New York has long had the most restrictive and oppressive firearms’ laws in the Nation. Antigun groups revel in that fact. Apparently, Cuomo and others of his ilk do not think that New York’s restrictive gun laws are oppressive and repressive enough. They look forward to building upon the NY Safe Act, devising ever further ways in which to confound, antagonize, and demoralize law-abiding citizens who wish merely to be left alone; free to exercise their right to keep and bear arms, as guaranteed to the Nation’s citizenry in the Nation’s Bill of Rights.
THE NEW YORK SAFE ACT IS A TRAVESTY.
Recall that, in 2013, Cuomo machinated behind closed doors, to instigate enactment of the reprehensible New York Safe Act, which otherwise certainly would not have been enacted. For the NY Safe Act could not have been enacted—likely would not have been enacted—if it had seen the light of day. The Act should have been debated in open session by all Legislators, Republican and Democrat, and the public should have been able to review it and comment on it. After all, isn’t that how democracy is supposed to work? But, what we see in the New York Safe Act is reprehensible. It is inconsistent with the import and purport of the Second Amendment and inconsistent with the very idea of the sanctity and autonomy of the individual American citizen. Cuomo and those who detest the Second Amendment knew that the NY Safe Act could not, likely, survive legislative and public scrutiny. Subterfuge was necessary for NY Safe to be enacted.
But, subterfuge is not the way to enact law. That is not how a Constitutional Republic is supposed to operate. But, that is how the Governor of New York operates and that is how his henchmen in Albany operate. And, to add insult to injury, the Governor and his henchmen in Albany rejoice in their ability to circumvent the law, to attain the aims they wish to attain, the public be damned. To this day the Governor and his comrades in Albany boast of their ability to operate within the periphery of the legislative process to get done those things they want to get done. And, the mainstream media, the echo chamber of these radical Leftist elements, gloats along with them.
The New York Times gleefully writes: “The governor successfully corralled recalcitrant Senate Republicans into supporting the so-called Safe Act that expanded the state’s ban on assault weapons, tightened certification requirements, increased criminal penalties for illegal guns and closed private sale loopholes.” And, so, the NY Safe Act, 2013 Bill Text NY S.B. 2230,was spawned; enacted in Albany, as an “emergency measure,” and signed into law by Cuomo, during his second term as New York Governor, on January 15, 2013.
With passage of the New York Safe Act in 2013, New York’s already restrictive gun laws became more restrictive as more and more firearms were classified as illegal ‘assault weapons.’ The Safe Act also imposed new restrictions on ammunition magazine capacity. But that’s not all. The Safe Act did not limit its reach to restrictions to firearms and ammunition.
The Act imposed ominous disclosure requirements on health care professionals, impinging uncomfortably on the privilege of confidentiality existent between medical doctor and patient. The Safe Act even imposed new obligations on the Courts, taking judicial discretion away from the Courts on matters involving revocation and suspension of firearms’ licenses and rifle and shotgun permits. And, new, stringent penalties were imposed on law-abiding gun owners who failed to comply with the convoluted new antigun laws, permeating through the Consolidated Laws of New York.
Cuomo and the antigun crowd in Albany are fully enamored with themselves. And, with each success, in robbing Americans of their birthright, they consider yet other and more devious ways to divest the public of their sacred right to keep and bear arms, as they escalate their war on the Second Amendment. With Democrats now holding majorities in the New York Assembly and in the State Senate, the State’s antigun Legislators have unleashed a flurry of antigun measures in the first month of 2019:
As reported by The Evening Sun newspaper, on January 29, 2019,
“The Democrat-controlled New York Legislature is set Tuesday to pass several bills aimed at making the state’s already tough gun laws even stricter.
At least eight measures are expected to pass the Assembly and Senate, including legislation to prohibit schools from allowing teachers and other school employees to carry guns in schools.”
While Cuomo muscles through his antigun legislation in Albany, he suffers not any attempt by Republican Legislators to enact legislation that might throw a wrench into his policy objectives; he suffers not any attempt by those in Albany who seek to strengthen the Second Amendment to the U.S. Constitution.
In 2017 the liberal weblog, Politico, reported that State Representative Chris Collins, a Republican from Buffalo, New York, attempted to do just that. He introduced legislation to curtail Cuomo’s Safe Act in its entirety. Governor Cuomo was petulant, stating:
“‘If they try to overrule the state of New York, we will sue, because the state has rights, too,’ Cuomo said. ‘And especially with this federal government, it’s very important that the states represent their rights and assert their rights. And I will assert my right to the fullest extent of the law, because I am diametrically opposed and the people of my state are diametrically opposed to much of what this federal government is trying to do.’”
Undeterred, Representative Collins fired back,
“‘The 10th Amendment respects state’s rights until they violate another amendment,’ Collins said at a press conference, flanked by several state legislators. ‘We’re not going to let them stomp on our right to the Second Amendment.’”
State Representative Collins is right. He might also have reminded the Governor that the Second Amendment is an individual right. The U.S. Supreme Court made that point abundantly clear in the seminal Heller case, District of Columbia v. Heller, 554 U. S. 570, 128 S. Ct. 2783, 171 L. Ed. 2d 637 (2008). And, in the subsequent McDonald case, McDonald v. Chicago, 561 U. S. 742, 749-750, 130 S. Ct. 3020, 177 L. Ed. 2d 894 (2010), the high Court held that the individual right of the people to keep and bear arms, embodied in the Second Amendment, applies to the States too. That means the Second Amendment applies to New York. Cuomo apparently doesn’t think so, or would rather that it did not because, if Cuomo is aware of that the Second Amendment applies to New York, he couldn’t care less. He will not allow a fundamental right of the people get in the way of his policy objectives.
COULD A TENTH AMENDMENT LEGAL GAMBIT WORK TO SECURE THE NY SAFE ACT AGAINST A SUCCESSFUL ATTEMPT TO REPEAL THE ACT LEGISLATIVELY?
Cuomo’s threat to kill an attempt to waylay the New York Safe Act via a Tenth Amendment challenge could not succeed were Representative Collins successful in repealing the New York Safe Act. Perhaps, Cuomo knows this. But, apart from Cuomo’s Tenth Amendment challenge, it was Collin’s remarks, alone, that Cuomo took particular exception to. Cuomo didn’t like what he heard. Cuomo could not stomach what he perceived to be Collins’ audacious assault on the Governor’s signature gun policy achievement. And, Cuomo didn’t like the tacit idea expressed in Representative Collins’ remarks, namely, that a cause supportive of the Second Amendment might be seen by the public as a noble effort.
Cuomo finds most disconcerting that he cannot obliterate the Second Amendment at once, but must do so incrementally. Yet, Republican Legislators and Second Amendment groups are, as well, left, at best, to attempt to defeat an oppressive, unconstitutional Act through piecemeal efforts, tinkering around the Act’s edges to weaken a swollen monstrosity, even as Cuomo and fellow antigun zealots seek to add to an already bloated set of repressive anti-Second Amendment measures that, together, constitute, the New York Safe Act.
To date, Republican actions have yielded little positive result, as the bulk of the NY Safe Act remains untouched, seemingly impervious to assault. And Cuomo, for his part, with Democratic Party majorities in both the Assembly and in the State Senate, are better situated to enact further oppressive and repressive antigun laws.
But, contrary to Cuomo’s assertions, States cannot justifiably claim a general right under the Tenth Amendment to strip the fundamental right existent in each individual citizen, as codified in the Second Amendment. State Representative Collins correctly and unambiguously points out, a Tenth Amendment States’ rights claim does not trump the Second Amendment right existent in each American citizen. Collins is absolutely correct on that score.
Furthermore, the Tenth Amendment to the U.S. Constitution does not simply refer to States’ rights. It also refers to rights held by the people. The Tenth Amendment sets forth: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
Like all too many politicians, Andrew Cuomo demonstrates a proclivity toward duplicity and incongruity, along with a barely concealed tendency to exact revenge, through the power of his Office, against those he perceives have offended him. And, so it is that Cuomo dares to threaten a lawsuit against State Legislators who would take action to repeal a State law that Cuomo happens to champion.
In threatening a Tenth Amendment States’ rights challenge against State Representative Collins and anyone else who would dare repeal the New York Safe Act, Cuomo is also relying on, albeit tacitly, the doctrine of federalism that demarcates power between the Federal Government and the States. But does the doctrine of federalism apply here? No, it doesn’t. Federalism doesn’t apply because Representative Collins isn’t operating at the behest of the Federal Government in challenging the Constitutionality of the New York Safe Act. He is acting as a State Legislator, on behalf of those American citizens who happen to be New York residents, and he is representing the interests of the residents of the City of Buffalo, who elected him to represent their interests.
So, in challenging the constitutionality of NY Safe, Representative Collins is operating within the confines of the State to protect citizens who reside in New York, in order to protect their Second Amendment right of the people to keep and bear arms. Andrew Cuomo’s Tenth Amendment threat directed against New York Representative Collins is both wrong and wrongheaded.
The States’ rights aspect of the Tenth Amendment of the Bill of Rights doesn’t apply here since, one, the Tenth Amendment protects the right of the people too, not merely rights of the States, and, two, because States’ rights do not, in any event, supersede the fundamental right embodied in the Second Amendment. And, the doctrine of federalism isn’t applicable here, either, because NY Safe does not apply to the Nation at large. It applies only to the residents of New York, and it as an unconstitutional Governmental action against the residents of New York, alone, whom the Act targets, and it is interests of New York residents that that Representative Collins’ has sought, then, to protect and vindicate.
Governor Cuomo, for his part, though, doesn’t bother to consider all the negative ramifications of the Tenth Amendment that work against him and he doesn’t consider the negative ramifications of the doctrine of Federalism when it comes to expanding NY Safe to the entire Nation. Cuomo has been quite vocal and blunt on this. The State of Politics weblog, points to Cuomo’s position on this:
“The rest of the country should take up legislation similar to the SAFE Act gun control measure approved in 2013 in New York.” “In the aftermath of Sandy Hook, New York did more than send our thoughts and prayers,” Cuomo said in a statement. “‘We stepped up to pass the strongest gun safety legislation in the nation. The SAFE Act didn’t affect sportsmen, hunters or legal gun owners—but it reduced the risk to our children, to our families and to our communities. It banned assault weapons like AR-15s and kept guns out of the hands of dangerously mentally ill people. It’s far past time that the rest of the nation follows suit.’
Cuomo has previously urged Democrats in Congress to take a more truculent stance on the issue of gun control.”
So, even as Andrew Cuomo dares threaten a States’ rights Tenth Amendment challenge against Representative Chris Collins, Andrew Cuomo seems curiously blasé about a true States’ rights challenge that any other State could raise against Congress were Congress to attempt to impose the New York Safe Act on every other State, which is precisely what Congress and Cuomo would like to do. Cuomo is hardly the States’ right advocate he pretends to be when it is his intention to impose New York law, especially, the New York Safe Act, on everyone else.
ANDREW CUOMO “PROJECTS” HIS PERSONAL FAILINGS ONTO OTHERS.
The psychological defense mechanism of projection comes into play when one looks to the Governor Cuomo’s chicanery and antics. Cuomo constantly projects his own moral deficiencies onto those whom he happens to disagree with.
The weblog, “The Rant” reports that,
“Cuomo has used the gun control issue to knock Republicans.
‘They have a different world view of America. They are systemically trying to impose their world view on this country,’ said Cuomo.”
WHO IS IMPOSING WHAT ON THE AMERICAN PEOPLE?
Cuomo is wrong about Republicans. Republicans aren’t trying to impose a world view of America at all. Republicans—many of them at least—simply seek to adhere to the vision of America as conceived by the founders of our Republic, as set down in the blueprint of our Nation, our Constitution. It is Cuomo and other extremists in the Democratic Party, both in Congress, and in States such as New York, who are hellbent on imposing their world view on the rest of us, in contradistinction to the dictates of the United States Constitution. What they seek is a world view at loggerheads with the will of the majority of the Nation’s citizenry and one singularly at odds with the traditions of our forebears.
The recent antigun legislation coming out of the Democratic Party controlled House is a prime example of the Democrats’ rancor toward our Nation’s history, our Nation’s traditions, and our Nation’s core values. Consider the outrageous: For the People Act of 2019, 116 H.R. 1. A perusal of the Act, aptly illustrates just how out-of-touch the Democratic Party is with the American citizenry. Fortunately, Senate Majority Leader, Mitch McConnell, stated that the For the People Act of 2019, 116 H.R. 1, is dead on arrival in the Senate, as is the House antigun, Bipartisan Background Checks Act of 2019, H.R. 8.
But the Democratic Party controlled House isn’t done. The public can expect to see a plethora of unconstitutional laws oozing out of Congress in the months ahead, along with unconstitutional laws emanating from Democratic Party controlled State Governments, such as New York. The U.S. Senate will likely kill all or most Congressional bills coming out of the House. And, those that do make it out of Congress will surely see a Trump veto.
But, for State Legislatures that hold Democratic Party majorities, and where the Governor of the State is also a Democrat—as is the case in New York—the people of those States will continue to suffer the evisceration of their fundamental rights.
WILL THE BILL OF RIGHTS TRULY CONTINUE TO EXIST, AND WILL THE UNITED STATES CONTINUE TRULY TO EXIST AS THE NATION’S FOUNDERS ENVISIONED IT, AS A FREE REPUBLIC, OR WILL THE NATION EXIST MERELY WITH THE TRAPPINGS OF A FREE REPUBLIC AND WITH MERELY THE TRAPPINGS OF FUNDAMENTAL RIGHTS AND LIBERTIES EXISTENT IN THE PEOPLE?
As the Late Eighteenth-Early Nineteenth Century French Philosopher and Diplomat, Joseph de Maistre, said, “Every Nation Gets the Government, It deserves.” This means the people of a Nation ultimately decide on the form of their Government, and must accept the result of a bad choice.
The founders of our Nation carefully considered various models for Government. They created a Constitutional Republic. They realized that Government is best that serves the people, and not the other way around. They fought to overthrow an oppressor,George III of Great Britain.They were successful. But, in creating a new Nation, they did not wish to substitute one oppressor for yet another. So, they established a federal Government with limited, circumscribed powers; and they incorporated into the Constitution, a Bill of Rights, codifying fundamental, natural, unalienable rights and liberties upon which Government cannot, must not tread. The Bill of Rights makes clear that ultimate authority rests with the people, not Government. Thus, was the framework for a new Nation established.
But, there are ruthless, inordinately wealthy, very well-organized, and extremely powerful forces at work today, both here and abroad, that look on our Nation and its people with jealous eyes. They seek to destroy the very concept of the ‘Nation State’ that the President, Donald Trump was elected, by the people, to preserve, and which he has worked tirelessly to preserve even as there are those hell-bent to destroy both him and his Administration.
What we see occurring in the EU can unfold here in the U.S. There are powerful ruthless forces at work that seek to insert the U.S. eventually into a unified trans-world government. They realize that the United States, with the most powerful military apparatus in the world and with its mighty economic clout, must submit to this new trans-world government, if they are to succeed in their effort to consolidate power in a one world Government. They cannot succeed unless they bring the U.S. into its fold. These ruthless forces have control over our Press that actively misleads the people, distorting the news, creating false narratives, and they have their flunkies in Congress and in the vast Government Bureaucracy.
The American people are becoming indoctrinated; are becoming predisposed to elect the kinds of people in both Congress and in State Government, who seek nothing less than the dismantling of our Constitutional Republic; who see our Constitution, with its predominant Bill of Rights, as a relic of a bygone age; and they seek to radically alter our Constitution, and, in so doing, radically alter the foundation of a free Republic.
We see this through blatant efforts to rewrite the Constitution; attempts to weaken the unalienable right of free Speech as codified in the First Amendment; attempts to obliterate the unalienable right of the people to keep in bear arms as codified in the Second Amendment; attempts to weaken the unalienable right to be free from unreasonable searches and seizures as codified in the Fourth Amendment; and attempts to defeat the very concept of ‘private property,’ as embodied in the Fifth Amendment to the U.S. Constitution.
We see attempts by these new representatives in Congress, and in the States, as echoed by a compliant Press, to admit into the ranks of the citizenry, millions of illegal aliens who have no understanding of a Constitutional Republic, who cannot assimilate, and who are not meant to assimilate. They are people who mystifyingly claim a right to reside in our Nation in defiance of our laws. These are people who seek Government largess in return for their vote and the radical Left that has infiltrated the Democratic Party is ever willing to give them tokens in return for their unswerving loyalty.
We see attempts to do away with the electoral college as set forth in Article 2, Section 1 of the Constitution. And, we see attempts to rewrite Article 1, Section 2, Clause 3, of the Constitution, with an aim to increase the number of representatives in left leaning States. Were these efforts to come to fruition, the Constitutional Republic as conceived by the founders of our Nation, would cease to exist. Yet, the public is led to believe that all this is for their own benefit; that it is all for their own good; that it is for the well-being of society as a whole; that it is for the welfare of the collective, even as it comes to the detriment of the individual.
But, a Government created to serve the people would mushroom into the overseer of the people. And this would be explained to the people as a good thing. The world is complex, they say. The people need guidance. Government must not be constrained. The Government can provide the best care for the people. People must simply be willing to give up a few of their rights and liberties—no big thing!
Is there a price high enough that a person would willingly sell their soul? Some would do so. More and more members of the public are becoming hoodwinked.
Until the electorate in our Nation comes to its senses, expect to see individuals like Andrew Cuomo and many others contorting this Nation into their vision of a proper world; proper for Cuomo and other radical Leftists, perhaps, but a living Hell for most everyone else: a Hell world as conceived in the radical Left’s own tortured, warped souls, and in their own feverish minds; a world they would force everyone else to live in.
It is too late for Andrew Cuomo, and for people like him: people like Eric Swalwell and Chuck Schumer, and Bernie Sanders; and for people like Nancy Pelosi, and Joe Biden. And it is much too late for such arrogant, hateful, spiteful, surly creatures like Senator Krysten Sinema, and Congresswoman Alexandria Ocasio-Cortez; and for radical Muslim hatemongers such as Ilhan Omar and Rashida Tlaib.
It is, not, however, too late for the rest of us, but it soon will be as we are rapidly approaching the Eleventh Hour. If we do not act to vote these aforesaid individuals, and many like them, out of Office, and if we fail to support U.S. President Trump, we will indeed acquire the Government we deserve—tyranny and servitude.
Copyright © 2018 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.