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PROGRESSIVE GAME PLAN: NEUTRALIZE THE SUPREME COURT AND DISARM THE CITIZENRY
The recent scurrilous attack on Associate Justice Clarence Thomas is part and parcel of the Political “Progressives”* attempt to neutralize the independence of the Third Branch of Government, the Judiciary, and its most ardent supporter of an armed citizenry.On April 9, 2021, two years ago to this day of posting this article on the Arbalest Quarrel, Joe Biden issued an executive order, forming the Presidential Commission on the Supreme Court of the United States, “to examine the Court’s role in the Constitutional system; the length of service and turnover of justices on the Court; the membership and size of the Court; and the Court’s case selection, rules, and practices.”The key phrase in this executive order is “the Court’s role in the Constitutional system.”The Commission’s purpose may seem benign. It is anything but benign. Almost a hundred and thirty years earlier, Franklin D. Roosevelt attempted the same thing. Both sought to sideline and neutralize the U.S. Supreme Court.Fortunately, for the Nation, the efforts of Roosevelt and Biden came to naught.But the Biden Administration’s Progressive Globalist agenda is more extravagant and elaborate than anything dreamed up by Roosevelt and the fabricators of the “New Deal.”The Progressives’ goal of a neo-feudalistic global empire requires neutralizing the High Court and erasing America’s armed citizenry.The U.S. Supreme Court remains the only Branch of the Federal Government today that recognizes the importance of an armed citizenry to resist tyranny.In three seminal case law decisions—Heller, McDonald, and Bruen—coming down in the last fifteen years, the conservative wing majority, led by Justices Clarence Thomas, Samuel Alito, and the late Justice Antonin Scalia, made patently clear the right to armed self-defense is an individual right and a natural law right, the core of which Government is forbidden to interfere with.But these decisions are at loggerheads with the Progressives’ desire to neuter the right of the people to keep and bear arms.In a report on “progressivism,’ published on July 18, 2007, the Heritage Foundation has described the nature of and the aims of the political, social, and cultural transformation of the Nation, using the word, ‘Revolution,’ to describe it.Progressives have since made substantial strides in undermining the Constitution and transforming America beyond all recognition.But use of the word, ‘Revolution,’ to describe this transformation is inaccurate. Rather, this extraordinary and extensive push to remake American society, is not properly a Revolution because we had our Revolution—the American Revolution of 1776—when America’s first Patriots defeated the British empire.These Patriots constructed a free Constitutional Republic, unlike anything the world has seen before or since.Having thrown off the yoke of tyranny, the framers of the U.S. Constitution, created a true Republican form of Government.This “Federal” Government is one with limited and carefully delineated powers and authority. And those powers and authority are demarcated among three co-equal Branches.The Government comes to be not by Divine Right nor by Right claimed for itself by itself. Rather, it comes into existence only by grace of the American people, who are and remain sole sovereign.Since the people themselves created the Government, they retain the right to dismantle it when that Government serves its interests to the detriment of the people, devolving into tyranny.The natural law right to armed self-defense, a right that shall not be infringed, is the instrument of last resort through which the American people maintain and retain both the legal and moral right to resist tyranny that Progressives impose on Americans. See AQ article, posted on October 1, 2021.Progressivism is a thing openly hostile to and antithetical to the tenets and precepts of Individualism upon which the U.S. Constitution rests. See, e.g., article AQ article, posted on October 6, 2018.Adherents of this political and social ideology perceive Government as sovereign over the people, turning the Constitution on its head.Progressivism is an evil perpetrated on the American people, coming into being without the consent of the governed. It seeks a Globalist “Counterrevolution” in counterpoise to the morally good and successful “American Revolution.” See AQ article posted on October 26, 2020.It is in this that the arrogant and ludicrous attack on Justice Thomas comes plainly into view.Representative Ocasio-Cortez, a Progressive Democrat, has recently brought up the subject of impeachment against Clarence Thomas pertaining to “luxury trips and outings on yachts and private jets owned by Dallas businessman Harlan Crow, according to an investigation by ProPublica . . . .” See the article published in thehill.com.She adds, in her typical hyperbolic, rhetorical fashion,“‘Barring some dramatic change, this is what the Roberts court will be known for: rank corruption, erosion of democracy, and the stripping of human rights.’” Id.Impeachment of a sitting Justice does fall within the purview of Congressional authority, but it is impractical and almost unheard of in the annals of history.The House of Representatives impeached Associate Justice Samuel Chase, in 1804. He was acquitted by the U.S. Senate in 1805 and served on the High Court until his death in 1811. Another Associate Justice, Abe Fortas, resigned under threat of impeachment, in 1969. See the article posted in history.com.Impeaching Justice Thomas in a Republican-controlled House won’t happen.Progressives try a different tack.“Sixteen lawmakers led by Sen. Sheldon Whitehouse, D-R.I., and Rep. Hank Johnson, D-Ga., sent a letter to Roberts on Friday requesting an investigation into ‘allegations of unethical, and potentially unlawful, conduct.’” See the article in Foxnews.com.Asking the Chief Justice to launch an investigation of his brethren is pompous, absurd, lame, and bogus.Roberts will do no such thing. And this will rankle Progressives.The Third Branch of Government remains constantly, aggravatingly, tantalizingly beyond the ability of Progressives to tamper with.Unable at present to sit more mannequins like Ketanji Brown Jackson on the Court, they continue to probe for weaknesses. As a last resort, these Democrat Progressives challenge the Court’s importance, independence, and role.Progressives employ like-minded attorneys to undercut the authority of the High Court.One such attorney is Barry P. McDonald, Law Professor at Pepperdine University. In an essay, posted on The New York Times, on May 26, 2016, McDonald writes,“The Supreme Court today is both political and powerful in ways that would be unrecognizable to the framers of the Constitution. They penned a mere five sentences creating a ‘supreme Court’ and defining its jurisdiction. The judicial branch was something of an afterthought for them, because they believed that in a democracy the elected branches would be responsible for governing the country.Judicial review, in its modern sense, did not exist. As the framers envisioned it, the justices appointed to the Supreme Court would mainly interpret and apply federal law when necessary to resolve disputes involving the rights of individuals. And though the framers’ views on the court’s role in interpreting and enforcing the Constitution are the subject of debate, it seems most likely that when disputes required determining whether a federal law comported with the Constitution, the court’s interpretation was supposed to bind only the parties in the particular case — not the legislative and executive branches generally.Over time, however, and especially from the mid-20th century on, the court’s vision of its role in our democratic system changed, from dispute resolver to supreme arbiter of all matters of constitutional law, so that elected branches of government at federal and state levels were bound to accept its interpretations. The American people largely went along with this accretion of power. But they surely never anticipated that eventually, many politically charged and contestable questions — for example, whether the Constitution guarantees the right to possess guns, to have an abortion, to allow gay couples to marry, or to allow corporations to spend money to help elect our political representatives — would be decided by one unelected justice who straddled political voting blocs on the court.This is democratic folly.”And, in a follow-up article posted in the Times, on October 11, 2018, Barry McDonald, writes,“When the founders established our system of self-government, they didn’t expend much effort on the judicial branch. Of the roughly three and a half long pieces of inscribed parchment that make up the Constitution, the first two pages are devoted to designing Congress. Most of the next full page focuses on the president. The final three-quarters of a page contains various provisions, including just five sentences establishing a ‘supreme court,’ any optional lower courts Congress might create and the types of cases those courts could hear.”McDonald claims the founders relegated the U.S. Supreme Court to a subservient role in our Three-Branch Governmental structure. This is not only an uncommon viewpoint among scholars, and legally odd; it is demonstrably false.In the Federalist Papers Alexander Hamilton made patently clear that, on matters of Constitutional authority, the Legislative Branch must yield to the Judiciary.“No legislative act . . . contrary to the Constitution can be valid. To deny this would be to affirm that . . . men acting by virtue of powers may do not only what their powers do not authorize, but what they forbid. If it be said that the legislative body are themselves the constitutional judges of their own powers, and that the construction they put upon them is conclusive upon the other departments, it may be answered, that this cannot be the natural presumption, where it is not to be collected from any particular provisions of the Constitution. . . . . It is more rational to suppose that the courts were designed to be an intermediate body between the people and the legislature, in order to keep the latter within the limits assigned to their authority. The interpretation of the laws is the proper and peculiar province of the courts.”– Excerpt from Federalist Paper No. 78, written by Alexander Hamilton and published in 1788, part of the founding era’s most important documents explaining to the people the nature of the Constitution then under consideration for ratification. See the article in constitutionalcenter.org. The article also cites to one of the Barry McDonald articles for comparison and contrast.Hamilton’s essay in Federalist Paper No. 78 is an outright repudiation of McDonald’s remarks about the U.S. Supreme Court. See citations, supra.U.S. Supreme Court Justice, John Marshall was certainly aware of Alexander Hamilton’s remarks in the Federalist, when he drafted his opinion in Marbury vs. Madison, 5 U.S. 137 (1803). The case is a mainstay of Constitutional Law, taught to first-year law students and one of the most important cases in American jurisprudence.The case lays out clearly and categorically the vital role played by the U.S. Supreme Court in our Three-Branch Federal Governmental system.In no uncertain terms, John Marshall, made definitely and definitively clear that it is for the Judiciary, not the Legislature, to determine the constitutionality of Congressional Statutes. We cite below a portion of Justice Marshall’s erudite opinion.“If an act of the legislature, repugnant to the constitution, is void, does it, notwithstanding its invalidity, bind the courts, and oblige them to give it effect? Or, in other words, though it be not law, does it constitute a rule as operative as if it was a law? This would be to overthrow in fact what was established in theory; and would seem, at first view, an absurdity too gross to be insisted on. It shall, however, receive a more attentive consideration.
It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.
The judicial power of the United States is extended to all cases arising under the constitution.Could it be the intention of those who gave this power, to say that, in using it, the constitution should not be looked into? That a case arising under the constitution should be decided without examining the instrument under which it arises?
This is too extravagant to be maintained.”
Progressives pretend the U.S. Constitution is capable of shapeshifting. It isn’t.That doesn’t bother them, though, because they intend to eliminate the Constitution. Referring to it now, as they must, just to destroy it, and creating something novel, more to their liking—a thing subordinated to international law or edict, and subject to change as whim or chance dictates—that's what they they have in mind.In the interim, they force it to cohere to their precepts, agenda, and goals, all of which are antithetical and anathema to the Constitution, as written.In the naked attempt to knead the Constitution as if it were a lump of clay, they show their hand.Trivializing the role of the Court because they can’t easily control it and going after a U.S. Supreme Court Justice they don’t like because he defends a natural law right they don’t agree with, Progressives proclaim to all the world their shameless contempt for Nation, Culture, History, Heritage, Constitution, Ethos, Ethic, and People.They dare disparage us. Yet, it is we, true American Patriots, who rightfully ought to visit derision on them.______________________________________________*The expression ‘Progressive’ as with the expression, ‘Liberal,’ (less so with the expressions, ‘Marxist,’ ‘Neo-Marxist,’ or ‘Classical Marxist’) do not have precise and rigid definitions, due in part, perhaps, to the ubiquity and popularity of the first two terms in the Democratic Party vernacular.Most Democrats, it is here presumed, prefer use of ‘liberal’ as applied to them. And some no doubt prefer the term ‘Progressive,’ as an acknowledged more extreme version of ‘Liberal,’ and they take the label as a note of pride. See article on the website, thisnation.com.But most, if not all, Democrats avoid the appellation ‘Marxist,’ at least publicly, even if that label is most in line with their ideological beliefs, social, political, and economic, and demonstrated in their actions. They might use that expression amongst themselves even if they dare not refer to themselves as ‘Marxist’ in public and would deny the description vehemently if the label is thrust on them by an outsider. For this article, we are staying with the expression, ‘Progressive,’ as it aligns most closely with the theme of the article and apropos of references made in it.____________________________________Copyright © 2023 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
ANTONYUK VS. NIGRELLI (ANTONYUK II): IS THIS CASE DESTINED TO BE THE FOURTH SEMINAL U.S. SUPREME COURT PRONOUNCEMENT ON THE SECOND AMENDMENT OF THE BILL OF RIGHTS?
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IMPORTANT NOTE TO OUR READERS: THE ARTICLE POSTED YESTERDAY UNDER THE TITLE, "THE MEANING OF THE SECOND AMENDMENT IS CLEAR, AND THE U.S. SUPREME COURT HAS SPOKEN, BUT THE BIDEN ADMINISTRATION AND NEW YORK GOVERNOR HOCHUL HAVE OTHER PLANS," HAS UNDERGONE A SUBSTANTIAL REWRITE, TO SUCH AN EXTENT, THAT WE FELT IT BEST TO POST THIS NEW ONE AS A DISTINCT ARTICLE, AND WITH AND UNDER A NEW BANNER. WE HAVE KEPT THE ORIGINAL ARTICLE, AS POSTED, TO BE FAIR TO ALL OUR READERS. YOU MAY WISH TO COMPARE THE TWO. BUT, IF YOU FIND DISCREPANCIES IN POINTS MADE, BE ADVISED THAT THIS INSTANT ARTICLE CONTROLS. IT REPRESENTS OUR SOLE POSITION AND PERSPECTIVE ON THE MATTERS DISCUSSED. THANK YOU.
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POST-BRUEN—WHAT IT ALL MEANS AND WHAT ITS IMPACT IS BOTH FOR THOSE WHO SUPPORT AND CHERISH THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS AND THOSE WHO DO NOT; THOSE WHO SEEK TO UNDERMINE AND EVENTUALLY DESTROY THE EXERCISE OF THE RIGHT AND THOSE WHO SEEK TO PRESERVE AND STRENGTHEN THE RIGHT BOTH FOR THEMSELVES AND THEIR DESCENDANTS
MULTI SERIES
PART TWENTY
SUBPART ONE OF PART TWENTY
THE MEANING OF THE SECOND AMENDMENT IS CLEAR, AND THE U.S. SUPREME COURT HAS SPOKEN, BUT THE BIDEN ADMINISTRATION AND NEW YORK GOVERNOR HOCHUL HAVE OTHER PLANS
PART ONE{INTRODUCTORY QUOTATION}“The Constitution shall never be construed to prevent the people of the United States who are peaceable citizens from keeping their arms.” ~Samuel Adams, American Statesman and Founding FatherThe importance of Heller, McDonald, and Bruen cannot be overstated. These cases, together, establish the Court’s recognition of, one, the immutable, eternal right of the people to keep and bear arms, two, that this right shall not be infringed, and, three, that the armed citizenry is necessary to the security of a free State.The existence of and maintenance of a free Constitutional Republic is impossible without a well-armed citizenry.To understand where we are, at the start of a new year, we must retrace our steps back to 2020.Biden and the Democrat Party will up the ante in their attack on the Second Amendment. That is indisputable.In 2022, this assault on the right to armed self-defense against the predatory beast, predatory man, and, worst of all, predatory Government, became manifest.In early February 2021, we pointed out, in our article, titled, “The Biden Plan for the Political and Social Remaking of the American Landscape,” that——“During his first two weeks in Office, Joe Biden signed over 40 executive orders or similar executive edicts. And he isn’t done. A few days into February and we can expect to see 50 or more Presidential executive orders and other edicts.” This is unheard of.For comparison, we pointed to a news report published in February 2021, positing that,“President Donald Trump signed four in his first week in 2017; President Barack Obama signed five in 2009; President George W. Bush signed none in his first week in 2001; and President Bill Clinton signed one in 1993.”Apparently, Biden and the puppet masters who control him would waste no time reversing the gains Trump had made in setting the Nation back on course, consistent with the aims of the founders of our Nation: To maintain a strong and independent, sovereign Nation-State, and free Constitutional Republic.The Neoliberal Globalists have reverted to their agenda, set in motion by George Bush and Barack Obama, aimed at dismantling a free Republic and eliminating the exercise of Americans’ natural law rights through which the citizenry maintains its lawful sovereign authority over the Nation and Federal Government, and over its own destiny.Also, in that February 2021 article, the reporter pointed out that——“The twin issues of ‘guns’ and ‘gun violence’ will be much discussed in the weeks and months ahead. That much is certain.Will Biden sign an executive order banning assault weapons’ and will he sign a flurry of other antigun laws as well, not bothering to wait for Congressional enactments?Don’t think this is improbable. In fact, with all the banter of gun-toting ‘white supremacists’ and right-wing ‘domestic terrorists’ and with thousands of National Guard troops camped out in the U.S. Capital, and with the constant denigration of and growing suppression of conservative dissent, something is definitely afoot. In fact, the Democrat Party propaganda machine is in overdrive. The propagandist newspaper, NY Times, for one, has laid the groundwork for an assault on ‘guns.’”Our remarks and those in the news article were prescient.In June 2022, due to Congressional Democrats and scurrilous Congressional Republicans, Biden “signed into law into law the first major federal gun reform in three decades, days after a decision he condemned by the Supreme Court expanding firearm owners’ rights.” See the article in Reuters.Dutifully, compliantly obeying the orders of his Administrative nursemaids and caretakers, who themselves take orders from shadowy, sinister forces from on high, the Biden puppet also took aim at the millions of civilian citizens who own and possess semiautomatic weaponry and components of the weapons.But what is especially important here is a remark Biden conveyed to the Press, as reported by Reuters, in that same June 2022 article.“‘The Supreme Court has made some terrible decisions.’” The demented fool probably didn’t know what specific U.S. Supreme Court cases his caretakers ordered him to refer to. No matter. All Americans should know. And America’s Patriots do know.One was Dobbs vs. Jackson Women’s Health. The other was NYSRPA vs. Bruen. Both decisions are important. But, of the two, the latter is much more important. The latter case pertains directly to the security of a free State. The former does not.NYSRPA vs. Bruen is the latest in a Supreme Court jurisprudential “trilogy” of seminal Second Amendment cases. Yet, the Biden Administration and some State Governments have openly defied the U.S. Supreme Court, and, worse, have openly demonstrated visible contempt for the High Court.At both the Federal Level and State Levels, powerful malevolent and malignant forces have directed their assault on America’s Second Amendment. Biden and New York Governor Kathy Hochul are the public faces behind shadowy orchestrators, passing along orders surreptitiously to their puppets.Our Free Constitutional Republic is in dire jeopardy.New York State Government and actions of other States since Bruen demonstrate all the fervor, ferocity, and audacity of those State governments to go their own way, blatantly disregarding Bruen as they disregarded Heller and McDonald. This has resulted in a plethora of new litigation against the States by Americans who desire only to exercise their natural law right to armed self-defense.The number of cases filed and progression of post-Bruen case law decisions in New York, alone, point to Americans’ adoration of the natural law right to armed self-defense and to the extraordinary lengths they will go to compel rogue States to adhere to both the plain meaning of the Second Amendment and to those U.S. Supreme Court rulings cementing the Second Amendment in the American psyche.This points to a tremendous disconnect between the Country Americans know and love, and an alien, monstrous non-nation the Biden Administration and many States, in league with the Biden Administration, wish to thrust on Americans, against their will.__________________________________________
A TREMENDOUS CLASH IS AT HAND BETWEEN THE U.S. SUPREME COURT RULINGS IN BRUEN AND THE NEW YORK GOVERNMENT’S REPUDIATION OF BRUEN
SUBPART TWO
{INTRODUCTORY QUOTE}“It is the greatest absurdity to suppose it in the power of one, or of any number of men, at the entering into society to renounce their essential natural rights.” ~ Samuel Adams, American Statesman, and Founding FatherOnce the U.S. Supreme Court published the Bruen decision, the Hochul Government, anticipating the decision, was prepared for it. It had been prepared for the Bruen decision for months. The State Senate in Albany quickly enacted amendments to its Gun Law, designed to operate in defiance of the rulings and to further constrain the exercise of the right of the people to keep and bear arms, and Governor Hochul immediately signed the amendments into law. Holders of valid New York concealed handgun carry licensees reviewed the amendments as quickly as Hochul had signed them into law. They were not amused. And they were the first out of the gate, in any jurisdiction, to challenge the constitutionality of those lengthy amendments to the New York Gun Law, which, as a body, were referred to as the “Concealed Carry Improvement Act” (“CCIA”).The Bruen decision came down on June 23, 2022. Hochul signed the CCIA into law on July 1, 2022. And Plaintiffs filed their case, Antonyuk vs. Bruen (Antonyuk I) on July 11, 2022.Since then, both Antonyuk I and a plethora of other cases wended their way through New York’s Federal Courts. But none are more important than that first case, as it is the first one to make its way to the U.S. Court of Appeals for the Second Circuit, and the first one to receive a response from the U.S. Supreme Court since its rulings in NYSRPA vs. Bruen.After the U.S. District Court for the Northern District of New York dismissed Antonyuk I, without prejudice, Plaintiff Ivan Antonyuk and other holders of valid New York handgun carry licenses filed a new case, on September 20, 2022 (Antonyuk II). That case was recaptioned Antonyuk vs. Hochul. And, after the Court dismissed Hochul out as a Party Defendant, and, after a new Superintendent of the New York State Police, Steven Nigrelli, took over from the previous Superintendent of the New York State Police, Kevin Bruen, the Plaintiffs’ recaptioned the case, Antonyuk vs. Nigrelli.The U.S. District Court for the Northern District of New York granted the Plaintiffs’ Preliminary Injunction, staying the execution of Hochul’s CCIA on November 7, 2022.One day later, coincidentally, the date of the Midterm Elections, November 8, 2022, the New York Government filed its Motion to the U.S. Court of Appeals, seeking relief from the PI, and the Second Circuit granted the relief the Government sought, on November 15, 2022, staying the PI, allowing execution of the CCIA during the pendency of the merits of the PI. Four days later, the Plaintiffs, NY concealed handgun carry licensees filed their own response to the lifting of the Stay.After the Second Circuit issued its ruling reversing the District’s granting of the Plaintiffs’ Preliminary Injunction. The Second Circuit modified its order minimally. The PI remained, stayed. See the Arbalest Quarrel article, posted on December 14, 2022, for details.The Plaintiffs appealed the Second Circuit’s ruling, requesting relief from the U.S. Supreme Court.As pointed out by John Crump, in an article posted on Ammoland on December 28, 2022, the U.S. Supreme Court, on December 27, 2022, demanded a response from the Second Circuit.Justice Sotomayor issued a short “request.” Note: the term ‘request’ means the High Court isn’t ordering Hochul’s Government to respond to the Plaintiff’s Application for Relief, but a “request,” having been made, obviously encourages the Government to respond.Sotomayor’s directive reads:“Response to application (22A557) requested by Justice Sotomayor, due by 4 p.m. (EST), Tuesday, January 3, 2023.”Sotomayor’s Order is in reference to the Plaintiffs’ filing of December 21, 2022, titled,“Emergency Application For Immediate Administrative Relief And To Vacate Stay Of Preliminary Injunction Issued By The United States Court Of Appeals For The Second Circuit.”In their filing, the Plaintiffs assert,“Without providing any analysis or explanation, the Second Circuit has stayed a preliminary injunction issued by a federal district court in New York that was carefully designed to limit New York’s enforcement of a sweeping gun control statute, enacted as retaliation against New York gun owners for having prevailed in this Court’s decision in N.Y. State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111 (2022). The district court’s injunction was supported by a detailed 184-page opinion, meticulously tailored to follow this Court’s framework established in Bruen. In contrast, the Second Circuit’s stay pending appeal was issued based only on a single conclusory assertion, yet with the effect of indefinitely suspending the protections afforded New Yorkers by the Second Amendment and affirmed by this Court in Bruen. The Second Circuit’s stay should be vacated in order to uphold the right of New Yorkers to keep and bear arms, as well as to vindicate the authority of this Court over the circuit courts. This Court’s Opinion in Bruen was issued on June 23, 2022. Only hours later, New York Governor Hochul promised to ‘fight back’:We just received some disturbing news . . . the Supreme Court . . . has stripped away the State of New York’s right and responsibility to protect its citizens . . . with a decision . . . which is frightful in its scope of how they are setting back this nation. . . . This decision is not just reckless, it’s reprehensible. It’s not what New Yorkers want, and we should have the right of . . . what we want to do in terms of gun laws in our state. . . . [O]ur governor has a moral responsibility to do what we can . . . because of what is going on, the insanity of the gun culture that has now possessed everyone up to the Supreme Court. . . . We’ve been ready for this . . . We’ve been working with a team of legal experts . . . I’m prepared to call the legislature back into session. . . . We are not going to cede our rights that easily, despite the best efforts of the politicized Supreme Court. . . . No longer can we strike the balance. . . Shocking. They have taken away our rights. . . . This is New York. We don’t back down. We fight back. . . . I’m prepared to go back to muskets. . . . We’re just getting started here. Just eight days later on July 1, 2022, the New York Legislature responded to Governor Hochul’s call to defy this Court’s authority and resist Bruen’s protection of Second Amendment rights, enacting the Concealed Carry Improvement Act (“CCIA”). After extensive briefing, a hearing, and oral argument, the district court enjoined portions of the CCIA in a 184-page opinion. Shortly thereafter the Second Circuit, without providing any reasoning or analysis, granted New York’s request first for a temporary administrative stay, and then a stay pending appeal, allowing New York’s repudiation of Bruen back into effect without so much as a brief explanation.”The key to the Plaintiffs’ argument supporting relief from the Second Circuit’s perfunctory decision is the lack of reasoning of the Second Circuit for overriding the District Court’s analysis of the“Four-Factor” test, and the High Court is requesting the Government, and, obliquely, the Second Circuit itself, for an explanation of its reasoning behind the lifting of the PI stay of execution of the CCIA.In its comprehensive Opinion, the District Court determined the Plaintiff New York Concealed Handgun Carry Licensees proved that awarding the PI is warranted.The U.S. Supreme Court is of course well versed in the District Court’s comprehensive rulings, supporting its granting of Plaintiffs’ PI. And the High Court is well aware of the Second Circuit’s curt reversal of the lower Court’s decision.The U.S. Supreme Court’s unusual “request,” directed to the New York Government, is also aimed at the Second Circuit. The High Court is asking the Government, essentially a surrogate for the Second Circuit, here, to explain why the District Court’s comprehensive, logical, rational opinion, supporting its granting of the Preliminary Injunction, should be considered erroneous.Since the Second Circuit’s reversal of the District Court’s well-reasoned opinion granting the PI, is cryptic or, otherwise, meaningless, the U.S. Supreme Court has asked the Government to step in and explain why the U.S. District Court’s granting of the PI, staying enforcement of the CCIA should not be reinstated.This request mirrors the Plaintiffs’ Application to the Second Circuit, requesting an explanation for its curt reversal of the District Court’s granting of the Plaintiffs’ PI, sans any reason for lifting the Stay of the CCIA, imposed by the District Court.See our article titled, “New York’s Gun Law: A History Of & Present Status Of The Antonyuk Case,” posted on Ammoland Shooting Sports News, posted on December 28, 2022.The U.S. District Court for the Northern District of New York issued a Preliminary Injunction against enforcement of the CCIA because,
- The Plaintiff New York State Concealed Handgun Carry Licensees are likely to succeed on the merits.
- The Plaintiffs will suffer irreparable injury absent a stay of the
- The Government is unlikely to incur substantial injury through a stay of enforcement of the CCIA during the review of the merits of the Plaintiffs' case against the New York Government.
- The public interest is so great and so grave that enforcement of the Government’s CCIA should be stayed pending the resolution of the Plaintiffs’ Preliminary Injunction.
That the Second Circuit lifted the stay not only allows enforcement of the CCIA, before the merits of the case are decided but disturbingly suggests the Second Circuit will ultimately find for the Government. This means, at first glance, at least, that the Second Circuit won’t issue a permanent injunction against enforcement of the CCIA but will find the CCIA Constitutional when it isn’t. But this is unlikely. We explain why in a subsequent article.One thing is clear. The New York Government, and, by extension, the Second Circuit—one through weak argument, and the second through a lame judicial order—have admitted they detest the Second Amendment, and are contemptuous of both the rulings in Bruen. And, further, that Governor Hochul, to her everlasting shame, expressed her personal disdain for the Court Majority that issued the rulings, thereby exhibiting her defiance of the U.S. Constitution, her contempt for the Nation, as an independent sovereign Nation-State and free Constitutional Republic, and her loathing of the people who happen to cherish their God-Given fundamental, unalienable, immutable, illimitable, unmodifiable, and eternal, and absolute right to armed self-defense.But let Hochul rant and rave. The New York State Government and the Second Circuit are behind the eight-ball, now.The U.S. Supreme Court knows there is no logical and legal reason to allow for the enforcement of an unconstitutional Gun Law. And the High Court is nudging the Government to admit that fact.The Government need not respond to Justice Sotomayor’s unusual directive, as it is a “request,” not an order. But, obviously, Justice Sotomayor has encouraged the Government to respond, as failure to respond serves as a silent affirmation of the unconstitutionality of the CCIA.We consider in our next article the options open to the Government and the ramifications of their action, or non-action. The New York Government’s response—if there is one—must be filed by late afternoon, Tuesday, January 3, 2023. ___________________________________
THE NEW YORK STATE GOVERNMENT MUST EXPLAIN ITSELF TO THE U.S. SUPREME COURT: THE FATE OF MILLIONS OF NEW YORK GUN OWNERS HANGS IN THE BALANCE, AND THE CLOCK IS TICKING
SUBPART THREE
{INTRODUCTORY QUOTE}“A general dissolution of principles and manners will more surely overthrow liberties of America than the whole force of the common enemy. While the people are virtuous, they cannot be subdued; but when once they lose virtue then will be ready to surrender their liberties to first external or internal invader.”~ Samuel Adams, American Statesman, and Founding FatherThe Plaintiff holders of New York handgun carry licenses requested clarification of the Second Circuit’s terse and vacuous, perfunctory order that overturned the U.S. District Court’s granting of their Preliminary Injunction, staying enforcement of the Government’s Concealed Carry License Improvement Act (CCIA).Concerned with an unsatisfactory order lacking any decipherable explanation for its decision staying the Preliminary Injunction, allowing enforcement of Hochul’s amendments to New York’s Gun Law during the pendency of Antonyuk vs. Nigrelli, the Plaintiffs brought their grievance to the U.S. Supreme Court.The High Court accepted the Plaintiffs’ Application for Relief. The Government has precious little time to offer a response, although it need not do so. But, the Second Circuit has provided the New York Government until 4.00 PM, Tuesday, January 3, 2023, to issue its response if it wishes to do so.The procedural tool the Plaintiffs used to secure U.S. Supreme Court intervention here is called the “All Writs Act,” codified in 28 USCS § 1291. And the application of it is often a tortuous mess. The High Court didn’t rule on its efficacy of it here, but it served its purpose.As one legal writer said of the “All Writs Act,”“The prevailing doctrinal landscape is principally a product of two mid-twentieth-century judicial innovations: (1) the collateral order doctrine, which expands the meaning of the term ‘final decision’ for purposes of 28 U.S.C. § 1291; and (2) appellate mandamus, which allows the federal courts of appeals to review interlocutory orders by issuing writs of mandamus under the All Writs Act, The current system has been subject to much criticism: ‘hopelessly complicated,’ ‘legal gymnastics,’ ‘dazzling in its complexity,’ ‘unconscionable intricacy’ with ‘overlapping exceptions, each less lucid than the next,’ ‘an unacceptable morass,’ ‘dizzying,’ ‘tortured,’ ‘a jurisprudence of unbelievable impenetrability,’ ‘helter-skelter,’ ‘a crazy quilt, ‘a near-chaotic state of affairs,’ a ‘Serbonian Bog,’ and ‘sorely in need of limiting principles.’ In the face of such criticism, the prevailing doctrine on appellate jurisdiction has proven to be surprisingly immune from reform.” “Reinventing Appellate Jurisdiction,” 48 B.C. L. Rev. 1237, November 2007, by Adam N. Steinman, Professor of Law, University of Cincinnati, College of Law, J.D. Yale Law School.” The High Court didn't rule on the applicability of the “All Writs Act,” thereby tacitly accepting jurisdiction to handle the matter set forth in the Plaintiffs' Application for Relief. And the High Court sent a clear message to the New York Government and, by extension, a silent message to the U.S. Court of Appeals for the Second Circuit as well.The stakes are high, for everyone, Plaintiff New York Concealed Handgun Carry Licensees and Defendant New York Government Officials and Officers, and the matters involved impact the entire Nation, both the American People and other State Governments, and the Federal Government, too. You can bet that Justice Sotomayor’s Order placed a damper on New York Governor Kathy Hochul’s New Year’s Eve and New Year’s Day Holiday festivities. And Hochul’s Attorney General, Letitia James, and her staff of lawyers could not have been any happier.Although, as we pointed out, supra, the Defendant New Y0rk Government need not respond to Justice Sotomayor’s directive as it is only a “request” for a response, not an “order” demanding a response, unusual as this “request” is, it would be remiss of the Government to ignore this request. The issuance of even a seemingly benign request, any item coming from the U.S. Supreme Court is to be taken seriously, and in some cases, as here, cause for alarm. And Hochul's Government would be wise to respond to it, even if it isn't required to do so, as the New York Handgun license scheme licensing in place for well over one hundred years is on the line even if it doesn’t appear at the moment to be in jeopardy. It most definitely is.Whether the Government responds or not, however, various scenarios play out. We start with these three observations:First, the U.S. District Court for the Northern District of New York realized the CCIA was not only blatantly unconstitutional but, as it is the Government’s response to the NYSRPA vs. Bruen, the CCIA operates as a blatant slap in the face to the High Court.Second, Hochul and the Democrat Party-controlled Legislature in Albany basically told the U.S. Supreme Court to go to Hell. And while the District Court had no intention of playing that game of kowtowing to the New York Government any longer, the Second Circuit did so, lifting the PI Stay, but with an inadequate explanation because, obviously, there isn't one to be made.Third, The persistent problem for both the New York Government and the Second Circuit, is that the District Court’s findings were not wrong, which is why the District Court granted the PI. That fact also explains why the Second Circuit issued a perfunctory order, not dealing directly with the District Court’s findings. The Second Circuit could not rationally explain how the District Court’s application of the “Four-Factor” test was erroneous, but it didn’t want to rule against the Government. So, it issued a lame order.The Government and the Second Circuit might have expected the Plaintiffs would appeal the adverse action of the Second Circuit to the U.S. Supreme Court, but it probably felt the High Court would not accept the Plaintiffs’ application, inferring that there is no tenable basis for the High Court to entertain an interlocutory order here. Indeed, the Plaintiffs probably struggled to find a jurisdictional basis. The best thing, apparently the only thing, the Plaintiffs could come up with was the “All Writs Act” which is a wild stab at getting the U.S. Supreme Court’s attention. But it worked. The High Court wasn't going to stand on ceremony here. And, some credible basis could be made, if the High Court wished to deal with the applicability of the “All Writs Act,” jurisprudentially and jurisdictionally, as the application of it has expanded exponentially through time (so why not here?), the issues are so compelling that the High Court cut to the chase. The implication of the importance of Antonyuk vs. Nigrelli is clear from the fact that the U.S. Supreme Court issued an order qua “request” at all, on an interim, interlocutory matter. The New York Government and the Second Circuit felt smug. They both knew or would have, at least, surmised that the Plaintiffs would file their Application for Relief from the Second Circuit's Order, but both apparently, believed, erroneously, that the High Court would reject the Plaintiffs’ Application out of hand. They were wrong if they held such notions.The U.S. Supreme Court didn’t rule on the application of the All Writs Act. It did an end run around it, simply “requesting,”—inviting, but not demanding—the New York Government to respond to the Plaintiffs’ Application for Relief from the Second Circuit’s stay of the Preliminary Injunction. That the High Court has at least invited the Government to respond is bad enough for the Government.What will Hochul’s Government do?The Government need not do anything. The High Court isn’t demanding a response from the Government. It only “requests” a response.Suppose the Government refrains from responding to Justice Sotomayor’s “request,” and takes its chances, relying on the decision of the Second Circuit that reversed the District Court, allowing enforcement of the CCIA during pendency —essentially doubling down on the Second Circuit’s weak Order.This would not bode well for the Government. The High Court could have remained aloof. It could have rebuffed the Plaintiffs’ application for relief from the Second Circuit’s Order. In that event, the High Court would have denied the Application outright. The CCIA would remain in force, and the PI stayed during the pendency. But the High Court didn’t do that.In requesting a response from the Government, the High Court had, in a non-positive way, manifested an interest in the Plaintiffs’ arguments, suggesting that the Plaintiffs’ arguments, supporting its Application for relief from the Second Circuit’s decision staying the PI, have merit. So the Government is obliged to respond.But then, why didn’t the High Court formally take the case up and issue an interlocutory order reversing the Second Circuit’s decision, sua sponte, i.e., on its own motion, affirming the District’s decision, and granting the PI? In that event, enforcement of the CCIA would be stayed, pending resolution of the merits, after which the losing party, having in hand a final order, could appeal a final decision to the U.S. Supreme Court for a full hearing of the Antonyuk vs. Nigrelli case, on the merits. Perhaps, the U.S. Supreme Court, at the moment, at least, wishes to be tactful, and diplomatic. And, so, the Government is tactically compelled to respond. It must take the High Court’s “request” as at least a tacit demand for a response, and for good reason.For, if the Government fails to respond, the High Court will likely, ipso facto, reverse the Second Circuit’s decision. The Government is, then, just asking for trouble by cavalierly failing to respond to the “request.”The Government, from years of experience, would have reason to expect the Second Circuit would kowtow to it, rubber-stamping the most outrageous Government actions, even as the lower Federal District Court made clear it was no longer going to play that game. This came as a surprise to Hochul. And she continually misconstrues the District Court's intent, refusing to acknowledge that the Court's orders mean what they say. This became blatantly clear in Hochul's remarks to the public after the U.S. District Court for the Northern District of New York dismissed Antonyuk vs. Bruen (Antonyuk I), inferring, wrongly, that the dismissal of the case, without prejudice, constituted an outright win for the Government. Hochul apparently failed to peruse, or, otherwise, she dismissed the reasoning of the Court. The Court made abundantly clear that the major, substantive portions of the CCIA are patently illegal, inconsistent with the plain meaning of the Second Amendment to the U.S. Constitution, and inconsistent with the rulings of the U.S. Supreme Court in NYSRPA vs. Bruen. No matter. The District Court dismissed the case. And for Kathy Hochul that is ALL THAT MATTERED to Hochul. Had she spent a little time reflecting on the content of the Opinion, she would know the Court had dismissed the case due to a standing issue of one of the Party Plaintiffs, and that matter could be rectified by simply filing a new case setting out the same allegations. Thus, the District Court tacitly encouraged the Plaintiff, Ivan Antonyuk, in the Plaintiffs' capacity as an injured individual, to file a new case against the New York Government. And Ivan Antonyuk did just that. That case, Antonyuk vs. Nigrelli (Antonyuk II), has come to bite Hochul, like an angry tiger, on her behind, and that tiger is not letting go.It is one thing for Governor Hochul to expect the New York Courts to kowtow to the New York Government on Second Amendment matters, as it has consistently done through the many years and decades. And the Second Circuit has done so, and the District Court has not, even if Hochul wishes to delude herself to think otherwise OR otherwise expect, as, at the moment, has panned out, that the higher U.S. Court of Appeals for the Second Circuit will override the lower U.S. District Court's rulings. But, it is quite another thing entirely to expect the U.S. Supreme Court to do the same, to kowtow to the Government, knowing that Justice Sotomayor, along with a couple of other Associate Justices, is a diehard liberal-wing Justice, sharing the same ideology, abhorring the Second Amendment no less so than the New York State Government and the Second Circuit, and will therefore keep the High Court Conservative wing in check. No! Where, as here, the institution of the U.S. Supreme Court is threatened, the Justices will band together to preserve the sanctity of the High Court. That was true up to the present time. But with Biden's nominee to the High Court, now confirmed and sitting on the High Court, Ketanju Brown Jackson, it may very well be that a long-standing venerable institution is in danger of losing its integrity upon which it has heretofore remained a truly independent Branch of Government.Therefore, as for the matter at hand, Justice Sotomayor is not about to take action in a manner blatantly inconsistent with the U.S. Supreme Court Bruen rulings, even if she, along with a few other Justices, tends, ideologically, to be sympathetic to the Government's position on the Second Amendment.Thus, the Parties to the action here will be placed in the same position they were in before the Second Circuit’s action. The Second Circuit will be compelled to review the merits of the PI with enforcement of the CCIA stayed during the pendency of a decision on the merits of the case. Nonetheless, the New York Government ought to respond and, it is our prediction, will respond to Justice Sotomayor's “request.” It must respond or incur the wrath of the U.S. Supreme Court that will take a non-response as yet one more personal slight, adding to a plethora of previous indignities that the miscreant, Kathy Hochul, showered on the Court. As this article goes to posting, at the end of the business day, January 3, 2023, the New York Government has filed its response to Justice Sotomayor's “request,” pulled up from the U.S. Supreme Court docket. The filing is viewable as a PDF.AQ will study it shortly. Given the short time that the Government had available to it, to respond to Justice Sotomayor's, “request,” the Government has probably reiterated the points made in its original response to the District Court’s decision, granting the PI, staying enforcement of the Government’s CCIA, and will hope for the best. What happens now?We consider the possibilities in depth, in the next article.______________________
NEW YORK GOVERNOR HOCHUL IS CAUGHT BETWEEN A ROCK AND HARD PLACE AND SHE HAS NO ONE TO BLAME FOR THIS BUT HERSELF
SUBPART FOUR
{INTRODUCTORY QUOTE}“The liberties of our country, the freedoms of our civil Constitution are worth defending at all hazards; it is our duty to defend them against all attacks. We have received them as a fair inheritance from our worthy ancestors.” ~ Samuel Adams, American Statesman, and Founding FatherNow that New York Governor Kathy Hochul has responded to Justice Sotomayor’s “Response to application (22A557) requested by Justice Sotomayor, due by 4 p.m. (EST), Tuesday, January 3, 2023,” which has just been filed, viewable on the SCOTUS docket, the question is, what happens now? What will the U.S. Supreme Court do?This much we surmise:Justice Sotomayor will act, but she won’t act on her own. Likely, she can’t act on her own. The entire Court must resolve the matter, and it will resolve the matter.The High Court will review and analyze both the Plaintiffs' Application for Relief, previously filed, and titled, “Emergency Application For Immediate Administrative Relief And To Vacate Stay Of Preliminary Injunction Issued By The United States Court Of Appeals For The Second Circuit”, and the Defendant New York Government's Response to the Plaintffs' Application for Relief, titled, “Brief For Respondents In Opposition To Emergency Application For Immediate Administrative Relief And To Vacate Stay Of Preliminary Injunction Issued By The U.S. Court Of Appeals For The Second Circuit.” In rendering its decision, the High Court will likely utilize New York’s own “Four-Factor” standard, devised by the New York Federal Courts to ascertain if a Preliminary Injunction (PI) is warranted or not.Applying New York’s own test, the High Court will determine whether to lift the stay or retain the stay on enforcement of the CCIA during the pendency of a final decision on the PI. The case will then be returned to the Second Circuit for the ultimate resolution of the PI.AQ anticipates that the High Court will waste little time on this, and will render a decision within the next few days or within a week or two at the latest.Likely the High Court will find the District Court’s ruling, granting the Plaintiffs’ PI, warranted and will order the Second Circuit to stay execution of the CCIA while the Second Circuit hashes out the substantive merits of the case.One might think the Second Circuit would find against the Plaintiffs, on the merits, given the Court’s animosity toward the Second Amendment as illustrated in its decision on the District Court’s granting of the Preliminary Injunction. But will it do this? Suppose it does. What then? Plaintiffs will immediately appeal the adverse decision to the U.S. Supreme Court. And the U.S. Supreme Court would take the case up. There is no doubt about that. The U.S. Supreme Court would take the case up because Antonyuk vs. Nigrelli directly affects the High Court’s earlier decision in NYSRPA vs. Bruen. That is something neither the New York Hochul Government, nor the Second Circuit would want. For, the High Court would find that the CCIA, either in full or in substantial part, does not comply with the High Court’sBruen rulings. The High Court would thereupon strike the CCIA down.This would place Hochul Government in a much worse position than it was in when theBruen rulings first came down on June 23, 2022. Hochul should not have toyed with the High Court, pretending to comply with the Court’s Bruen rulings, all the while machinating to further constrain and constrict the exercise of the citizen’s right to armed self-defense. But Hochul thought she knew better. She didn’t. Instead, she stuck her foot well down her throat, and there it remains.And, once the High Court finds theCCIA unconstitutional, it could go one step further, finding the entire New York concealed handgun carry licensing structure unconstitutional. This is something it avoided in NYSRPA vs. Bruen. But, given Hochul’s contemptuous attitude toward the High Court, the gloves are off. The Court could and will take the Hochul Government to task. Strategically, then, to assist the Government, the Second Circuit would do well to find for the Plaintiffs, issuing a Permanent Injunction against enforcement of theCCIA. The Hochul Government wouldn’t dare appeal a seemingly adverse decision. That would be disastrous not only for New York, but for many other jurisdictions around the Country, including New Jersey, Illinois, California, Oregon, and Washington State, among others. Ultimately New York will have to revert to the original Gun Law, in substantial part, albeit without the “Proper Cause” requirement and without the other mischief it devised in constructing the CCIA. The Government will be compelled to issue a lot more concealed handgun carry licenses. It would be a bitter pill for the Government to swallow. But, at least, the Hochul Government will be able to keep intact some semblance of the State handgun licensing scheme, which it desires to preserve at all costs.Can Hochul do anything else, if not juridically, then politically to constrain New Yorkers from exercising their Second Amendment right? She can rant and rave to the Press, of course, which she will do anyway, and she can take her complaint to the Grand Harlequin in Chief, Joe Biden. But what the Hell can Biden do for her? Not a damn thing unless his Administration is prepared to declare martial law, arguing the U.S. Supreme Court and the Bill of Rights are now both defunct. This would lead to armed conflict throughout the Country. That is a dead certainty. The Administrative State, although powerful, isn’t omnipotent even if it thinks it is and even if many of the brainwashed legions of Americans think so, too.For, here, in our Country, unlike in the EU, in the Commonwealth Nations, or in CCP China, Americans are well-armed, tens of millions of Americans, and Americans have substantial ammunition to prevent a Neoliberal Globalist/Neo-Marxist Counterrevolution from overturning the American Revolution of 1776.History, morality, and law would all be on the side of America’s Patriots to take up arms against forces intent on thrusting a Neoliberal Globalist/Neo-Marxist Counterrevolution on the Nation.A declaration of martial law where no legitimate reason exists for invoking it—and there is none—irrefutably points to immoral and unlawful tyranny of Government.The Biden Administration would be openly guilty of this: launching tyranny of Government in the form of an illegal oligarchic conspiratorial takeover of the Government against the American people.Recall that Justin Trudeau declared martial law in Canada, for a short time. Canada has nothing remotely like a true Bill of Rights to secure freedom and liberty for common Canadians, but even that jackass was forced to back down, given a backlash in the Canadian Parliament. But he has learned from his earlier mistakes. He has since insinuated martial law in Canada incrementally, insidiously, beginning with a total ban on civilian possession of handguns. Further actions against liberty and freedom will be forthcoming. Wait and see. So much for Canada. And lots of luck with that, you Canadians!But for us, Americans, we should focus on Antonyuk vs. Nigrelli. Where is that case headed in the immediate future?The High Court will issue its order, sending the case back to the Second Circuit, but likely reaffirming the District Court’s grant of the PI, staying enforcement of the CCIA during the pendency of the case. That is our prediction. And that benefits Plaintiffs from the get-go. Time is on their side. However long the Second Circuit takes, the CCIA will remain suspended. We also predict as we stated, supra, that the Second Circuit will affirm the District Court’s findings on the Plaintiffs’ PI and convert it to a Permanent Injunction against enforcement of the CCIA, in full or in substantial part. The Second Circuit will take that seemingly paradoxical action to salvage for the Hochul Government what it can of New York’s concealed handgun licensing structure. Otherwise, if the Second Circuit were to find against the Plaintiffs, overturning the PI, ruling the CCIA constitutional, that would serve as a final appealable order just begging for the High Court's review of the case on the substantive merits with disastrous consequences for Hochul’s Government. So, the Hochul Government is, ultimately, in a quagmire it cannot extricate itself from. And Hochul herself can’t do a damn thing about it except beat her chest, screech, and howl to the winds. And, she has only herself to blame for this. She should not have toyed with the Bruen rulings, nor should she have poured salt on an open wound, contemptuously deriding the Court for its rulings, in the process, as she openly defied the Court.So, then, the Plaintiffs are in a strong position here to secure and strengthen the natural law right codified in the Second Amendment even if that isn’t immediately evident.The Neoliberal Globalists and Neo-Marxists both here and abroad will also moan and thrash about in impotent rage as the Republic may yet survive. The question is: Will the Biden Administration dare impose martial law on the Country in the next couple of years? Not likely. Not that it wouldn’t love to do just that.But, for all the myriad ways that the Biden Administration has deliberately weakened this Country, in the first two years of its reign, reversing Trump’s triumphs, as he has strengthened our Nation, and has secured it from threats posed by obvious foes and by dubious friends, the Biden Administration would be out of its mind to attempt confiscation of arms and ammunition on an industry-wide scale. What argument could the Biden Administration rationally conjure up? Can it rationally claim national security concerns, demanding that stringent measures be taken against those gun-toting “MAGA” Americans, and claiming a desire to protect the public from this thing, “Gun Violence,” even as the Government allows, even encourages, psychopathic criminals and lunatics to run amok, preying at will on innocent Americans?Spouting endless harangues against guns and the tens of millions of Americans who cherish their natural law right to keep and bear arms is one thing. Americans are inured to that. It is nothing more than water rolling off a duck’s back. But, to demand that average Americans forsake their firearms or face the wrath of the Federal Government is something else again. That is a recipe for civil war, the likes of which this Nation hasn’t seen since the War between the Blue and Gray. And it is the Federal Government itself that would bear sole responsibility for lighting that powder keg, unleashing a new horror on the Country for which History would forever justifiably excoriate.____________________________________Copyright © 2023 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
THE MEANING OF THE SECOND AMENDMENT IS CLEAR, AND THE U.S. SUPREME COURT HAS SPOKEN, BUT THE BIDEN ADMINISTRATION AND NEW YORK GOVERNOR HOCHUL HAVE OTHER PLANS
POST-BRUEN—WHAT IT ALL MEANS AND WHAT ITS IMPACT IS BOTH FOR THOSE WHO SUPPORT AND CHERISH THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS AND THOSE WHO DO NOT; THOSE WHO SEEK TO UNDERMINE AND EVENTUALLY DESTROY THE EXERCISE OF THE RIGHT AND THOSE WHO SEEK TO PRESERVE AND STRENGTHEN THE RIGHT BOTH FOR THEMSELVES AND THEIR DESCENDANTS
MULTI SERIES
PART TWENTY
SUBPART ONE OF PART TWENTY
{INTRODUCTORY QUOTATION}“The Constitution shall never be construed to prevent the people of the United States who are peaceable citizens from keeping their arms.” ~Samuel Adams, American Statesman and Founding FatherThe importance of Heller, McDonald, and Bruen cannot be overstated. These cases, together, establish the Court’s recognition of, one, the immutable, eternal right of the people to keep and bear arms, two, that this right shall not be infringed, and, three, that the armed citizenry is necessary to the security of a free State.The existence of and maintenance of a free Constitutional Republic is impossible without a well-armed citizenry.To understand where we are, at the start of a new year, we must retrace our steps back to 2020.Biden and the Democrat Party will up the ante in their attack on the Second Amendment. That is indisputable.In 2022, this assault on the right to armed self-defense against the predatory beast, predatory man, and, worst of all, predatory Government, became manifest.In early February 2021, we pointed out, in our article, titled, “The Biden Plan for the Political and Social Remaking of the American Landscape,” that——“During his first two weeks in Office, Joe Biden signed over 40 executive orders or similar executive edicts. And he isn’t done. A few days into February and we can expect to see 50 or more Presidential executive orders and other edicts.” This is unheard of.For comparison, we pointed to a news report published in February 2021, positing that,“President Donald Trump signed four in his first week in 2017; President Barack Obama signed five in 2009; President George W. Bush signed none in his first week in 2001; and President Bill Clinton signed one in 1993.”Apparently, Biden and the puppet masters who control him would waste no time reversing the gains Trump had made in setting the Nation back on course, consistent with the aims of the founders of our Nation: To maintain a strong and independent, sovereign Nation-State, and free Constitutional Republic.The Neoliberal Globalists have reverted to their agenda, set in motion by George Bush and Barack Obama, aimed at dismantling a free Republic and eliminating the exercise of Americans’ natural law rights through which the citizenry maintains its lawful sovereign authority over the Nation and Federal Government, and over its own destiny.Also, in that February 2021 article, the reporter pointed out that——“The twin issues of ‘guns’ and ‘gun violence’ will be much discussed in the weeks and months ahead. That much is certain.Will Biden sign an executive order banning assault weapons’ and will he sign a flurry of other antigun laws as well, not bothering to wait for Congressional enactments?Don’t think this is improbable. In fact, with all the banter of gun-toting ‘white supremacists’ and right-wing ‘domestic terrorists’ and with thousands of National Guard troops camped out in the U.S. Capital, and with the constant denigration of and growing suppression of conservative dissent, something is definitely afoot. In fact, the Democrat Party propaganda machine is in overdrive. The propagandist newspaper, NY Times, for one, has laid the groundwork for an assault on ‘guns.’”Our remarks and those in the news article were prescient.In June 2022, due to Congressional Democrats and scurrilous Congressional Republicans, Biden “signed into law into law the first major federal gun reform in three decades, days after a decision he condemned by the Supreme Court expanding firearm owners’ rights.” See the article in Reuters.Dutifully, compliantly obeying the orders of his Administrative nursemaids and caretakers, who themselves take orders from shadowy, sinister forces from on high, the Biden puppet also took aim at the millions of civilian citizens who own and possess semiautomatic weaponry and components of the weapons.But what is especially important here is a remark Biden conveyed to the Press, as reported by Reuters, in that same June 2022 article.“‘The Supreme Court has made some terrible decisions.’” The demented fool probably didn’t know what specific U.S. Supreme Court cases his caretakers ordered him to refer to. No matter. All Americans should know. And America’s Patriots do know.One was Dobbs vs. Jackson Women’s Health. Dobbs. The other was NYSRPA vs. Bruen. Both decisions are important. But the latter is much more important. The latter case pertains directly to the security of a free State. The former does not.NYSRPA vs. Bruen is the latest in a Supreme Court jurisprudential “trilogy” of seminal Second Amendment cases. Yet, the Biden Administration and some State Governments have openly defied the U.S. Supreme Court, and, worse, have openly demonstrated visible contempt for the High Court.At both the Federal Level and State Levels, powerful malevolent and malignant forces have directed their assault on America’s Second Amendment. Biden and New York Governor Kathy Hochul are the public faces behind shadowy orchestrators, passing along orders surreptitiously to their puppets.Our Free Constitutional Republic is in dire jeopardy.New York State Government and actions of other States since Bruen demonstrate all the fervor, ferocity, and audacity of those State governments to go their own way, blatantly disregarding Bruen as they disregarded Heller and McDonald. This has resulted in a plethora of new litigation against the States by Americans who desire only to exercise their natural law right to armed self-defense.This points to a tremendous disconnect between the Country Americans know and love, and an alien, monstrous non-nation the Biden Administration and many States, in league with the Biden Administration wish to thrust on Americans, against their will.The number of cases filed and progression of post-Bruen case law decisions in New York, alone, point to Americans’ adoration of the natural law right to armed self-defense and to the extraordinary lengths they will go to compel rogue States to adhere to both the plain meaning of the Second Amendment and to those U.S. Supreme Court rulings cementing the Second Amendment in the American psyche.The High Court directed its Bruen rulings to New York’s “May Issue” gun law language, apropos of the State’s “Proper Cause” requirement. But the Court’s rulings apply to other States with similar language in their Gun Laws.As one might expect, holders of valid New York concealed handgun carry licensees were the first out of the gate, in any jurisdiction, to challenge the constitutionality of amendments to the New York Gun Law, the “Concealed Carry Improvement Act” (“CCIA”). The Bruen decision came down on June 23, 2022. Hochul signed the CCIA into law on July 1, 2022. And Plaintiffs filed their case, Antonyuk vs. Bruen (Antonyuk I) on July 11, 2022.Since then, both Antonyuk I and a plethora of other cases wended their way through New York’s Federal Courts. But none are more important than that first case, as it is the first one to make its way to the U.S. Court of Appeals for the Second Circuit, and the first one to receive a response from the U.S. Supreme Court since its rulings in NYSRPA vs. Bruen.After the U.S. District Court for the Northern District of New York dismissed Antonyuk I, without prejudice, Plaintiff Ivan Antonyuk and other holders of valid New York handgun carry licenses filed a new case, on September 20, 2022 (Antonyuk II). That case was recaptioned Antonyuk vs. Hochul. And, after the Court dismissed Hochul out as a Party Defendant, and, after a new Superintendent of the New York State Police, Steven Nigrelli, took over from the previous Superintendent of the New York State Police, Kevin Bruen, the Plaintiffs’ recaptioned the case, Antonyuk vs. Nigrelli.The U.S. District Court for the Northern District of New York granted the Plaintiffs’ Preliminary Injunction, staying the execution of Hochul’s CCIA on November 7, 2022.One day later, coincidentally, the date of the Midterm Elections, November 8, 2022, the New York Government filed its Motion to the U.S. Court of Appeals, seeking relief from the PI, and the Second Circuit granted the relief the Government sought, on November 15, 2022, staying the PI, allowing execution of the CCIA during the pendency of the merits of the PI. Four days later, the Plaintiffs, NY concealed handgun carry licensees filed their own response to the lifting of the Stay.After the Second Circuit issued its ruling reversing the District’s granting of the Plaintiffs’ Preliminary Injunction. The Second Circuit modified its order minimally. The PI remained, stayed. See the Arbalest Quarrel article, posted on December 14, 2022, for details.The plaintiffs appealed the Second Circuit’s ruling, requesting relief from the U.S. Supreme Court.As pointed out by John Crump, in an article posted on Ammoland on December 28, 2022, the U.S. Supreme Court, on December 27, 2022, demanded a response from the Second Circuit.Justice Sotomayor issued a terse “request.” Note: the term ‘request’ means the High Court isn’t ordering Hochul’s Government to respond to the Plaintiff’s Application for Relief, but a “request,” having been made, obviously encourages the Government to respond.Sotomayor’s directive reads:“Response to application (22A557) requested by Justice Sotomayor, due by 4 p.m. (EST), Tuesday, January 3, 2023.”Sotomayor’s Order is in reference to the Plaintiffs’ filing of December 21, 2022, titled,“Emergency Application For Immediate Administrative Relief And To Vacate Stay Of Preliminary Injunction Issued By The United States Court Of Appeals For The Second Circuit.”In their filing, the Plaintiffs assert,“Without providing any analysis or explanation, the Second Circuit has stayed a preliminary injunction issued by a federal district court in New York that was carefully designed to limit New York’s enforcement of a sweeping gun control statute, enacted as retaliation against New York gun owners for having prevailed in this Court’s decision in N.Y. State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111 (2022). The district court’s injunction was supported by a detailed 184-page opinion, meticulously tailored to follow this Court’s framework established in Bruen. In contrast, the Second Circuit’s stay pending appeal was issued based only on a single conclusory assertion, yet with the effect of indefinitely suspending the protections afforded New Yorkers by the Second Amendment and affirmed by this Court in Bruen. The Second Circuit’s stay should be vacated in order to uphold the right of New Yorkers to keep and bear arms, as well as to vindicate the authority of this Court over the circuit courts. This Court’s Opinion in Bruen was issued on June 23, 2022. Only hours later, New York Governor Hochul promised to ‘fight back’:We just received some disturbing news . . . the Supreme Court . . . has stripped away the State of New York’s right and responsibility to protect its citizens . . . with a decision . . . which is frightful in its scope of how they are setting back this nation. . . . This decision is not just reckless, it’s reprehensible. It’s not what New Yorkers want, and we should have the right of . . . what we want to do in terms of gun laws in our state. . . . [O]ur governor has a moral responsibility to do what we can . . . because of what is going on, the insanity of the gun culture that has now possessed everyone up to the Supreme Court. . . . We’ve been ready for this . . . We’ve been working with a team of legal experts . . . I’m prepared to call the legislature back into session. . . . We are not going to cede our rights that easily, despite the best efforts of the politicized Supreme Court. . . . No longer can we strike the balance. . . Shocking. They have taken away our rights. . . . This is New York. We don’t back down. We fight back. . . . I’m prepared to go back to muskets. . . . We’re just getting started here. Just eight days later on July 1, 2022, the New York Legislature responded to Governor Hochul’s call to defy this Court’s authority and resist Bruen’s protection of Second Amendment rights, enacting the Concealed Carry Improvement Act (“CCIA”). After extensive briefing, a hearing, and oral argument, the district court enjoined portions of the CCIA in a 184-page opinion. Shortly thereafter the Second Circuit, without providing any reasoning or analysis, granted New York’s request first for a temporary administrative stay, and then a stay pending appeal, allowing New York’s repudiation of Bruen back into effect without so much as a brief explanation.”The key to the Plaintiffs’ argument supporting relief from the Second Circuit’s perfunctory decision is the lack of reasoning of the Second Circuit for overriding the District Court’s analysis of the “Four-Factor” test, and the High Court is requesting the Government, and, obliquely, the Second Circuit itself, for an explanation of its reasoning behind the lifting of the PI stay of execution of the CCIA.In its comprehensive Opinion, the District Court determined the Plaintiff Handgun Licensees proved that awarding the PI is warranted.The U.S. Supreme Court be versed in the District Court’s comprehensive rulings, supporting its granting of Plaintiffs’ PI. And the High Court would be versed in the Second Circuit’s reversal of the lower Court’s curt decision, dismissive of the District Court’s findings.The U.S. Supreme Court’s unusual “request,” directed to the New York Government, is also aimed at the Second Circuit. The High Court is asking the Government, essentially a surrogate for the Second Circuit, to explain why the District Court’s comprehensive, logical, rational opinion, supporting its granting of the Preliminary Injunction, should be considered erroneous.Since the Second Circuit’s reversal of the District Court’s well-reasoned opinion granting the PI, is cryptic or, otherwise, meaningless, the U.S. Supreme Court has asked the Government to step in and explain why the U.S. District Court’s granting of the PI, staying enforcement of the CCIA should not be reinstated.This request mirrors the Plaintiffs’ Application to the Second Circuit, requesting an explanation for its curt reversal of the District Court’s granting of the Plaintiffs’ PI, sans any reason for lifting the Stay of the CCIA, imposed by the District Court.See our article titled, “New York’s Gun Law: A History Of & Present Status Of The Antonyuk Case,” posted on Ammoland Shooting Sports News, posted on December 28, 2022.The U.S. District Court for the Northern District of New York issued a Preliminary Injunction against enforcement of the CCIA because,
- The Plaintiff handgun licensees are likely to succeed on the merits.
- The Plaintiffs will suffer irreparable injury absent a stay of the CCIA.
- The Government is unlikely to incur substantial injury through a stay of enforcement of the CCIA during the review of the merits of the Plaintiffs' case against the New York Government.
- The public interest is so great and so grave that enforcement of the Government’s CCIA should be stayed pending the resolution of the Plaintiffs’ Preliminary Injunction.
That the Second Circuit lifted the stay not only allows enforcement of the CCIA, before the merits of the case are decided but disturbingly suggests the Second Circuit will ultimately find for the Government. This means the Second Circuit likely won’t issue a permanent injunction against enforcement of the CCIA but will find the CCIA constitutional when it isn’t.The New York Government, and, by extension, the Second Circuit, albeit tacitly, must now admit they both detest the Second Amendment, and they are contemptuous of Bruen.Both the Government and the Second Circuit are behind the eight-ball.The U.S. Supreme Court knows there is no logical and legal reason to allow the enforcement of an unconstitutional gun law. And the High Court is nudging the Government to admit that fact.The Government need not respond to Justice Sotomayor’s unusual directive, as it is a “request” not an order. But, obviously, Justice Sotomayor has encouraged the Government to respond, as failure to respond serves as a silent affirmation of the unconstitutionality of the CCIA.We consider in our next article the options open to the Government and the ramifications of their action, or non-action, in our next article. The New York Government’s response—if there is one—must be filed by Tuesday, January 3, 2023.___________________________________
THE NEW YORK STATE GOVERNMENT MUST EXPLAIN ITSELF TO THE U.S. SUPREME COURT: THE FATE OF MILLIONS OF NEW YORK GUN OWNERS HANGS IN THE BALANCE AND THE CLOCK IS TICKING
SUBPART TWO
{INTRODUCTORY QUOTE}“It is the greatest absurdity to suppose it in the power of one, or of any number of men, at the entering into society to renounce their essential natural rights.”“A general dissolution of principles and manners will more surely overthrow liberties of America than the whole force of the common enemy. While the people are virtuous, they cannot be subdued; but when once they lose virtue then will be ready to surrender their liberties to first external or internal invader.”~ Two Quotes from Samuel Adams, American Statesman, and Founding FatherThe Plaintiff holders of New York handgun carry licenses requested clarification of the Second Circuit’s terse, vacuous, perfunctory order that overturned the U.S. District Court’s granting of their Preliminary Injunction, staying enforcement of the Government’s Concealed Carry License Improvement Act (CCIA).Concerned with an unsatisfactory order lacking any decipherable explanation for its decision staying the Preliminary Injunction, allowing enforcement of Hochul’s amendments to New York’s Gun Law during the pendency of Antonyuk vs. Nigrelli, the Plaintiffs brought their grievance to the U.S. Supreme Court.The High Court accepted the Plaintiffs’ Application for Relief. The Government has precious little time to offer a response, although it need not do so. The Second Circuit has provided the New York Government until 4.00 PM, Tuesday, January 3, 2023, to issue its response if it wishes to do so.The procedural tool the Plaintiffs used to secure U.S. Supreme Court intervention here is called the “All Writs Act,” codified in 28 USCS § 1291. And the application of it is often a tortuous mess. As one legal writer said of the “All Writs Act,”“The prevailing doctrinal landscape is principally a product of two mid-twentieth-century judicial innovations: (1) the collateral order doctrine, which expands the meaning of the term ‘final decision’ for purposes of 28 U.S.C. § 1291; and (2) appellate mandamus, which allows the federal courts of appeals to review interlocutory orders by issuing writs of mandamus under the All Writs Act, The current system has been subject to much criticism: ‘hopelessly complicated,’ ‘legal gymnastics,’ ‘dazzling in its complexity,’ ‘unconscionable intricacy’ with ‘overlapping exceptions, each less lucid than the next,’ ‘an unacceptable morass,’ ‘dizzying,’ ‘tortured,’ ‘a jurisprudence of unbelievable impenetrability,’ ‘helter-skelter,’ ‘a crazy quilt, ‘a near-chaotic state of affairs,’ a ‘Serbonian Bog,’ and ‘sorely in need of limiting principles.’ In the face of such criticism, the prevailing doctrine on appellate jurisdiction has proven to be surprisingly immune from reform.” “Reinventing Appellate Jurisdiction,” 48 B.C. L. Rev. 1237, November 2007, by Adam N. Steinman, Professor of Law, University of Cincinnati, College of Law, J.D. Yale Law School.” The stakes are high. You can bet that Justice Sotomayor’s Order placed a damper on New York Governor Kathy Hochul’s New Year’s Eve and New Year’s Day Holiday festivities. And Hochul’s Attorney General, Letitia James, and her staff of lawyers could not have been any happier.Although the Government need not respond to Justice Sotomayor’s directive as it is only a “request” for a response, not an “order,” it is still a cause for alarm. And the Government would be wise to respond to it as the New York Handgun license scheme licensing in place for well over one hundred years is on the line.Whether the Government responds or not, various scenarios play out. John Crump has pointed to a couple of possible scenarios. See, once again, his article in Ammoland Shooting Sports News. We expand on those, and we start with these three observations:First, the U.S. District Court for the Northern District of New York realized the CCIA was not only blatantly unconstitutional but, as it is the Government’s response to the NYSRPA vs. Bruen, the CCIA operates as a blatant slap in the face to the High Court.Second, Hochul and the Democrat Party-controlled Legislature in Albany basically told the U.S. Supreme Court to go to Hell. And while the District Court had no intention of playing that game any longer, kowtowing to the New York Government, the Second Circuit did so, lifting the PI Stay, but with an inadequate explanation.Third, The persistent problem for both the New York Government and the Second Circuit, is that the District Court’s findings were not wrong, which is why the District Court granted the PI. That fact also explains why the Second Circuit issued a perfunctory order, not dealing directly with the District Court’s findings. resulted in the Plaintiffs’ appeal of an interlocutory order directly to the U.S. Supreme Court. The Second Circuit could not justify rationally how the District Court’s application of the “Four-Factor” test was erroneous, but it didn’t want to rule against the Government. So it issued a lame order.The Government and the Second Circuit might have expected the Plaintiffs would appeal the adverse action of the Second Circuit to the U.S. Supreme Court, but it probably felt the High Court would not accept the Plaintiffs’ application, inferring that use of the All Writs Act is a wild stab at getting the U.S. Supreme Court to accept a jurisdictional basis that doesn’t apply here.Perhaps that is why the Government and the Second Circuit felt smug, believing, erroneously, that the High Court would not grant the All Writs Act, compelling the New York Government to make its case for staying the PI. But the U.S. Supreme Court didn’t rule on the application of the All Writs Act. It did an end run around it, simply “requesting,”—inviting, but not demanding—the New York Government to respond to the Plaintiffs’ Application for Relief from the Second Circuit’s stay of the Preliminary Injunction. That the High Court has at least invited the Government to respond is bad enough for the Government.What will Hochul’s Government do?The Government need not do anything. The High Court isn’t demanding a response from the Government. It only “requests” a response.Suppose the Government refrains from responding to Justice Sotomayor’s “request,” and takes its chances, relying on the decision of the Second Circuit that reversed the District Court, allowing enforcement of the CCIA during pendency —essentially doubling down on the Second Circuit’s weak determination.This would not bode well for the Government. The High Court could have remained aloof. It could have rebuffed the Plaintiffs’ application for relief from the Second Circuit’s Order. In that event, the Court High Court would have denied the Application outright. The CCIA would remain in force, and the PI stayed during the pendency. But the High Court didn’t do this.In requesting a response from the Government, the High Court had, in a non-positive way, manifested an interest in the Plaintiffs’ arguments, suggesting that the Plaintiffs’ arguments, supporting its Application for relief from the Second Circuit’s decision staying the PI, have merit.But then, why didn’t the High Court formally take the case up and issue an interlocutory order reversing the Second Circuit’s decision, affirming the District’s decision, and granting the PI? In that event, enforcement of the CCIA would be stayed, pending resolution of the merits, after which the losing party, having in hand a final order, could appeal a final decision to the U.S. Supreme Court for a full hearing of the Antonyuk vs. Nigrelli case, on the merits.The Government is nonetheless tactically compelled to respond. It must take the High Court’s “request” as a demand for a response, and for good reason.For, if the Government fails to respond, the High Court will likely reverse the Second Circuit’s decision. The Government is just asking for trouble by cavalierly failing to respond to the “request.” The Government may from years of experience, expect that the Second Circuit will kowtow to it, rubber-stamping the most outrageous Government actions. But, it is another thing again to expect the U.S. Supreme Court to do so, even if Justice Sotomayor is a diehard liberal-wing Justice, who abhors the Second Amendment no less than the New York State Government. Justice Sotomayor is not about to take an action inconsistent with a U.S. Supreme Court ruling, even if she, along with a few other Justices, tends to be sympathetic to the Government's position on the Second Amendment. Thus, the Parties will be placed in the same position they were in before the Second Circuit’s action. Thus, the Second Circuit will be compelled to review the merits of the PI with enforcement of the CCIA stayed during the pendency of a decision on the merits of the case. This is why the New York Government must respond and will respond to Justice Sotomayor's “request.” It must respond or incur the wrath of the U.S. Supreme Court. But, given the short time available to it, now imminent as this article goes to publication, the Government will probably simply reiterate the points made in its original response to the District Court’s decision, granting the PI, staying enforcement of the Government’s CCIA. What happens then?Justice Sotomayor won’t act on her own. Likely, she can’t act on her own. The entire Court must resolve the matter.And, utilizing New York’s own “Four-Factor” standard, devised by the New York Federal Courts to ascertain if a PI should be granted or not, the High Court will determine whether to lift the stay or retain the stay on enforcement of the CCIA during the pendency of a final decision on the PI. In either event, the case will be returned to the Second Circuit for ultimate resolution.If the Second Circuit finds for the Plaintiffs, which is doubtful, given the Court’s animosity toward the Second Amendment as illustrated in its decision on the District Court’s granting of the Preliminary Injunction, the Second Circuit will deny the preliminary injunction, and rule the CCIA constitutional. With the denial of a preliminary injunction, the decision will have the effect of a final judgment on the merits. The Second Circuit will have determined that the CCIA is constitutional. The Plaintiffs will return to the U.S. Supreme Court, requesting a formal review of the case on the merits.And the U.S. Supreme Court will take the case up. There is no doubt about that. Since the case directly affects its earlier decision in NYSRPA vs. Bruen, the Court will determine whether the CCIA complies with the High Court’s Bruen rulings or doesn’t. Unless the composition of the High Court changes, the Court will find the CCIA unconstitutional in full or in part. Likely the result will bode ill for the Government. The entire concealed handgun carry license scheme will now be on the line. And the decision will result in severely weakening if not upending the entire New York handgun licensing scheme.This places the Hochul Government in a worse position than it was when the Bruen rulings came down on June 23, 2022. She should not have toyed with the High Court, pretending to comply with the Court’s Bruen rulings, all the while constricting the exercise of the right to armed self-defense ever tighter.The Second Circuit would know this from the get-go. Rightfully fearing reversal of an appeal if it denies the preliminary injunction, effectively finding the CCIA Constitutional, the Second Circuit may throw in the towel. In that event, the Court will grant the Preliminary Injunction, finding it meets the New York “Four-Factor” standard, and thence convert it into a Permanent Injunction. That means the CCIA will remain unenforceable forever. Thus, even if the Constitutionality of it isn’t decided, the net effect is to reduce its impact to nullity.What happens then? The Government can appeal an adverse decision to the High Court. It won’t do that. For if it did so, the High Court will take the appeal up and affirm the decision of the Second Circuit.The High Court may even go one step further, holding the CCIA unconstitutional. Conceivably the High Court could go two steps further, finding the entire New York concealed handgun carry licensing structure unconstitutional. Looking at the Government’s attitude toward the Court, as exemplified by its actions, the Court could take the Hochul Government to task. That is possible.Therefore, if the Second Circuit finds for the Plaintiffs, issuing a Permanent Injunction against enforcement of the CCIA, the Hochul Government won’t dare appeal a decision. That would result be disastrous not only for New York, but for many other jurisdictions around the Country, including New Jersey, Illinois, California, Oregon, and Washington State, among others.The best that Hochul can hope for, and the Biden Administration, too, is that, in the next two years, they have an opportunity to get seat another Anti-Bill of Rights person on the High Court. Don’t be surprised to see Biden nominating his Attorney General, Merrick Garland to a seat. Democrats have waited a long time, and they have never forgiven Trump, nor McConnell for denying Garland a Confirmation Hearing which would have seen him on the Court anyway. If that had occurred, Bruen would never have been decided favorably. More likely, the High Court likely would never have reviewed the Bruen case. And Heller and McDonald would be in jeopardy of being overturned. And with the loss of Heller and McDonald, the Country would be that much closer to seeing the end of days for a free Constitutional Republic and a sovereign American citizenry.Can Hochul do anything else, politically, since she is foreclosed from doing anything more juridically? She can rant and rave in the Press, and she can take her complaint to the Grand Harlequin in Chief, Biden. But what the Hell can Biden do for her? Not a damn thing unless his Administration is prepared to declare martial law, arguing the U.S. Supreme Court is now defunct. This happens in Banana Republics. It doesn’t happen in honest-to-God Constitutional Republics. This would lead to armed conflict. The Administrative State, although powerful, isn’t omnipotent even if it thinks it is and even if many Americans think so, too.For, here, in our Country, unlike in the EU, in the Commonwealth Nations, or in CCP China, Americans are well-armed, tens of millions, and Americans have substantial ammunition to prevent a Neoliberal Globalist/Neo-Marxist Counterrevolution from prevailing. That fact isn’t to be taken lightly by this Nation's rogue Federal Government and by rogue State Governments like that of New York. And Americans would have a good case, morally, historically, and legally, for taking up arms against those forces intent on entertaining a Neoliberal Globalist/Neo-Marxist Counterrevolution.A declaration of martial law where no legitimate reason exists for invoking it manifestly demonstrates tyranny of Government.The Biden Administration would be openly admitting this through its actions: Tyranny of Government in the form of an illegal oligarchic conspiratorial takeover of the Government against the American people.Recall that Justin Trudeau declared martial law in Canada, for a short time. Canada has nothing remotely that can honestly be considered a true Bill of Rights, and even that jackass was forced to back down, given a backlash in the Canadian Parliament.So where is Antonyuk vs. Nigrelli headed?The High Court will issue its order, and it will shoot down the Second Circuit. That is our prediction. It means the CCIA will remain unenforceable during the pendency of the Plaintiffs’ lawsuit, and the PI will remain effective. And neither the Second Circuit nor Hochul can do a damn thing about it except beat their chest, screech, and wail to the winds.But, even if the High Court affirms the decision of the Second Circuit or, through its inaction, remains silent on the Second Circuit’s decision, allowing the decision to stand, the Hochul Government is, ultimately, in a quagmire it cannot extricate itself from.If the Second Circuit finds against the Plaintiffs on the merits, the Plaintiffs will appeal an adverse decision to the High Court. And the Court will take up the case. There is no question about that. And, the CCIA will be struck down, as it is untenable. It contradicts the plain meaning of the Second Amendment and the Bruen rulings. And once the CCIA is struck down, that will severely damage the entire handgun licensing structure of New York, as the illegality of the entire structure, and the illegal machinations of the Government that created it will be crystal clear.And, if the Second Circuit finds for the Plaintiffs and issues a permanent injunction against the Government on enforcement of the CCIA, that will effectively strike the death knell for the CCIA, setting the stage for the eventual dismantling of the entire handgun licensing structure as it was untenable, legally, historically, and morally, at its inception, as the Sullivan Act, 112 years ago.The Government can appeal from a Second Circuit Court ruling against it, but it won’t do that. It has nothing to gain, and it has everything to lose were it to do so. For, the last thing New York needs is a fourth seminal Second Amendment case that not only effectively destroys the entire handgun licensing structure of the State but will effectively be disastrous for all other jurisdictions that have draconian “may issue” concealed handgun carry license laws in place.Either way, we see the Plaintiffs in a good position here to secure and strengthen the natural law right codified in the Second Amendment even if that isn’t immediately evident.The Neoliberal Globalists and Neo-Marxists both here and abroad will thrash about in impotent rage as the Republic may yet survive. The question is: Will the Biden Administration dare impose martial law on the Country?For all the myriad ways that the Biden Administration has deliberately weakened this Country, the Government would be out of its mind to attempt confiscation of arms and ammunition on a wide scale, claiming that national security concerns demand that stringent measures be taken against these gun-toting “MAGA” Americans. Spouting harangues against guns and tens of millions of Americans who cherish their natural law right to keep and bear arms is one thing. Demanding Americans to forsake their firearms is something else again.____________________________________Copyright © 2023 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
TYRANNY HATH COME TO AMERICA: MANY AMERICANS DON’T NOTICE IT OR, WORSE, SEE IT BUT DON’T CARE
PART ONE
ONLY BY FORCE OF ARMS CAN THE PEOPLE EVER HOPE TO THWART AND PREVAIL OVER TYRANNY
{INTRODUCTORY QUOTATION}“There are Virtues & vices which are properly called political. ‘Corruption, Dishonesty to ones Country Luxury and Extravagance tend to the Ruin of States.’ The opposite Virtues tend to their Establishment. But ‘there is a Connection between Vices as well as Virtues and one opens the Door for the Entrance of another.’ Therefore ‘Wise and able Politicians will guard against other Vices,’ and be attentive to promote every Virtue. He who is void of virtuous Attachments in private Life, is, or very soon will be void of all Regard for his Country. There is seldom an Instance of a Man guilty of betraying his Country, who had not before lost the Feeling of moral Obligations in his private Connections. . . . Since private and publick Vices, are in Reality, though not always apparently, so nearly connected, of how much Importance, how necessary is it, that the utmost Pains be taken by the Publick, to have the Principles of Virtue early inculcated on the Minds even of Children, and the moral Sense kept alive, and that the wise Institutions of our Ancestors for these great Purposes be encouragd by the Government. For no People will tamely surrender their Liberties, nor can any be easily subdued, when Knowledge is diffusd and Virtue is preservd. On the Contrary, when People are universally ignorant, and debauchd in their Manners, they will sink under their own Weight without the Aid of foreign Invaders. ~ Samuel Adams, a Founding Father of our Free Constitutional Republic; from “The Writings of Samuel Adams,” Volume 1, Chapter 18, Document 6; “Epilogue: Securing the Republic;” compiled and edited, in Four Volumes, by Harry Alonzo Cushing, and published by G.P. Putnam’s Sons, 1904 through 1908
TODAY, THE PRINCIPAL THREAT TO OUR LIBERTY COMES FROM INSIDE THE COUNTRY ITSELF, NOT OUTSIDE IT.
THE THREAT COMES ABOUT BECAUSE KNOWLEDGE TODAY IS NOT DISPERSED TO THE PEOPLE AS IT SHOULD BE, AS IT ALWAYS MUST BE IN A FREE CONSTITUTIONAL REPUBLIC, BUT IS ACTIVELY HIDDEN FROM THEM. AND VIRTUE ISN'T PRESERVED AND SAFEGUARDED. RATHER, IT IS DISREGARDED AND IMPAIRED. THAT WAS SAMUEL ADAM'S WARNING TO THE AMERICAN PEOPLE.
THE HIGH INFORMATION AND VIRTUOUS CITIZEN IS SORELY LACKING IN A GOODLY PART OF THE COUNTRY.
AN UNINFORMED ELECTORATE AND A DEBAUCHED CITIZENRY ARE THE PERFECT RECIPES FOR TYRANNY TO GAIN A FOOT AND HANDHOLD. THAT IS SAMUEL ADAMS WARNING TO THE NATION.
DRASTIC REMEDIATION IS NECESSARY. THAT REMEDY REQUIRES TRUE PATRIOTS WHO DEMAND ACCESS TO INFORMATION AND KNOWLEDGE AND WHO MAINTAIN THEIR VIRTUE AND INTEGRITY WHEN SO MANY OTHER AMERICANS HAVE LOST THEIRS.
KNOWLEDGE AND VIRTUE GO HAND-IN-HAND. THEY ARE NECESSARY CONDITIONS FOR THE PRESERVATION OF A FREE CONSTITUTIONAL REPUBLIC, BUT THEY ARE NOT SUFFICIENT CONDITIONS. MORE IS REQUIRED, MUCH MORE. THAT REQUIREMENT IS FOUND IN THE WELL-ARMED CITIZEN.
THE ARMED CITIZEN MUST REMAIN EVER VIGILANT, WITH FIREARMS AND AMMUNITION AT THE READY.
MANY AMERICANS KNOW THIS WELL. BUT AN EFFETE, INEFFECTIVE CONGRESS AND A DECEITFUL RUTHLESS, LOATHSOME, TYRANNICAL ADMINISTRATION KNOW THIS WELL TOO. THAT EXPLAINS WHY CONGRESS AND THE PRESENT ADMINISTRATION ARE DEVELOPING NEW METHODOLOGIES AND PROCEDURES AND REVAMPING OLD ONES TO UNLAWFULLY SEVER THE RIGHT OF THE PEOPLE TO BEAR ARMS IN DEFENSE OF SELF AGAINST THE TYRANNY OF GOVERNMENT. AMERICANS MUST NOT LET THIS HAPPEN, LEST TYRANNY DESTROY OUR FREE REPUBLIC.
KEEP ALWAYS UPPERMOST IN MIND——It was by dint of firearms in the hands of the Founding Fathers, the Nation’s First Patriots, that Tyranny was bested. And it is only by firearms in the hands of the Nation’s Patriots today that the rogue Federal Government is prevented from strangling the life out of the People.It was by dint of firearms in the hands of the Founding Fathers, the Nation’s First Patriots, that Tyranny was bested. And it is only by firearms in the hands of the Nation’s Patriots today that the rogue Federal Government is prevented from strangling the life out of the People.Yet, the word ‘Tyranny’ is one Americans hear little about today: Not from the Government, the “Press,” the cable and broadcast news and commentary outlets, a myriad of periodical publishers, or the titans of social media and the internet. And why is that?The word was familiar enough to the American colonists back in the Eighteenth Century who suffered under its weight.These colonists felt sore enough over the ill effects of it to fight a war over it. And contending with it was no easy task.That they succeeded at all came at no little cost to themselves in privation and blood. And from the monetary standpoint, the cost of the war against the Crown was no easier. See articles in “All Things Liberty” and “History.com.”America’s Patriots knew the risk of failure: Death by Hanging as “Traitors” to the Crown of England.But so deep was their loathing of tyranny and so great their adoration of and devotion to liberty—tyranny’s opposite—that they were willing to risk everything to secure liberty for themselves, their family, and for those generations of Americans yet unborn.That they succeeded at all, and so well, came much to the surprise of many—certainly to those colonists, who, proclaiming their allegiance to the Crown, accepting of the King’s tyranny, had wished ill of America’s first Patriots. They either desisted from the conflict or took part in it, aiding the Tyrant, King George III, and, by extension, aiding the King’s moneylenders, the notorious Rothschild Clan.See. e.g., articles on the websites “NewsPunch” and on “revolutionary-war.net.”These Tories, British Loyalists, were generally very wealthy colonists, holding important posts in the colonies as representatives of King George III. Surprised, shocked, anxious, and infuriated at the outcome of the conflict they must have been—all of them. And after the war, many fled to Canada, the West Indies, or England to live out the rest of their days.No less did surprise, consternation, and frustration come to the British Monarch, George III, and to the extravagantly wealthy, inordinately arrogant, and singularly rapacious House of the Rothschild Banking Dynasty. It was this Banking Dynasty that funded the Monarch’s campaign to quash the American rebellion against their authority. It is this Dynasty that has funded all major wars and at a substantial profit to and delight for itself, and with concomitant loss and waste and horror for most everyone else. See the article in Insider.Tyranny was and is never far from a nation, any nation, even one founded categorically and unmistakably on Liberty, as is our own.Yet, something happened through the succeeding decades and centuries. We find Americans who should detest the very thought of tyranny seem now to have made their peace with it; have become accepting of it. Yet, many Americans who are conscious of the rise of tyranny in America relish the thought of it. Government cultivates tyranny. And the legacy Press, cable and broadcast news and commentary outlets, and social media and internet companies see to its dissemination.Tyranny waxes and Liberty wanes, permeating every institution of society, albeit masked, half-heartedly, through the ludicrous dogma of “Diversity, Equity, and Inclusion.”This comes to light through the shredding of our fundamental, natural law rights and liberties and is seen through Americans' indifference toward their basic rights and liberties that previous generations of Americans fought and died for.We witness the expansion of tyranny in America’s dismissive attitude toward the Fourth Amendment’s Freedom from Unreasonable Searches and Seizures clause.And we see this through Americans’ lack of concern over and even distaste toward the First Amendment’s Freedom of Speech, Freedom of Religion, and Right of Association clauses.And we see this through Americans’ outright loathing of the Second Amendment’s right of the people to keep and bear arms.How did this come to be? Can it be that many Americans don’t recognize tyranny? But how is that possible? The intimations of tyranny in America were prevalent, especially during the mid-Twentieth Century.But these barely sensate intimations have grown into a cacophony that only a moron could fail to recognize.Might it be that most everyone here does recognize tyranny, doesn’t like what they see, but feels powerless to contend against it? And, so out of fear and resignation, they submit to it? And, at once, there are those Americans that see tyranny as a good and proper thing, even if they don’t use the term to describe the Country they would like to see emerge in their Neoliberal Globalist and Neo-Marxist Counterrevolution.Consider——There are Americans who abhor the right to dissent; who rail against Christianity; who couldn’t care less about their privacy and who live for the day that the civilian citizenry must surrender their firearms, all of them; and must surrender their ammunition—all of it.Thus, tyranny gains a foothold.Many Americans are unfamiliar with the content of our sacred texts and documents.The dangers of Tyranny are explored in the “Federalist Papers,” a series of essays written by three of the Founding Fathers: James Madison, John Jay, and Alexander Hamilton.Thomas Paine, another Founding Father, explored tyranny as well in his work, “Common Sense.”And the Nation’s Constitution sets forth preventative measures to ward off tyranny.The Articles of the Constitution are a blueprint for minimizing the occurrence of tyranny in the Federal Government by limiting the powers of the Federal Government and demarcating those powers among three co-equal Branches.It was the fervent hope of the framers who hashed out our novel Federal Government—doing so with considerable difficulty after assiduously exploring past designs of Government—that the Nation would ever be spared the occurrence of it.And the Bill of Rights—especially the First and Second Amendments—are presentments of Natural Law, operating as the final fail-safe against a rogue, tyrannical Federal Government.Indeed, the precursor of the Constitution, “The Declaration of Independence,” is an essay establishing the moral obligation of man to battle against tyranny.And for all the hullabaloo about Donald Trump, our 45th President being called an autocrat, he didn’t “cause” tyranny. In fact, he tried his best to prevent it. For, under the tutelage of Clinton, Bush, and Obama we were drawing perilously close to it. Most Americans saw that right away. They would have none of it. A Hillary Clinton Presidency would have been the last nail in the coffin of Liberty.By commencing a drastic cleaning up of “the swamp,” i.e., the Administrative State, President Trump brought the inexorable slide toward tyranny to a screeching halt. He was undeterred in his effort to protect the gains of the American Revolution from backsliding into Tyranny—the state of the American colonies before the Revolution.See the article in PJ Media.“We can talk about Trump’s successes for days — the wall, the re-writing of NAFTA, low gas prices, etc. But let’s focus on Trump’s most important achievement of them all: he forced the hand of the swamp commies, and now we can see who they are. There was a time when friends of mine would discuss anonymous ‘globalists’ trying to create the ‘new world order.’ They spoke of the new brand of communism trying to take over the planet, all of which sounded like a big bowl of flapdoodle to me. Now I can’t unsee it. Thank you, President Trump.Trump is the president who was never supposed to be. No one else could have beaten Hillary, and everyone on both sides of the aisle knew it. What they didn’t count on was a bull-buster from Queens who didn’t play ‘the game.’Trump scared the hell out of the swamp commies, but they were fairly quiet before he shook the (snow) swamp globe and exposed them. Then they went on the attack.”The Obstructors and Destructors of our Nation went to work. They made certain that Trump would never serve a second term in Office. And with the Biden Puppet figurehead safely ensconced in the Oval Office, the gains Trump had made in reverting the slide toward tyranny commenced once again and with a frenzy.The Destroyers of our Republic never intended for the American people to gain awareness of the loss of their rights and liberty and sovereignty over the Government. But they could not mask the grand deception, as Trump had shone a bright light on their agenda.Thus, these Destroyers of our free Republic could not—and now, don’t even try—to cloak that agenda anymore: the dismantling of a free Constitutional Republic, that it may then be merged into a grandiose neo-feudalistic-corporatist world empire.Instead, they have brought their agenda full into the light of day, manipulating the public to accept the seeming splendor of their entire enterprise. And, of course, they don’t use the word ‘tyranny’ to explain their end goal, the subjugation of Americans.They befuddle the American psyche, constantly invoking, ad nauseum, through their puppets in Government, in the Press, academia, and in Big Tech, Big Finance, and Big Business, the word, ‘Democracy,’ as if the invocation of that one word effectively dispels the horror they have in store for all of us.An able rhetorician can sway a susceptible mob to do his bidding, and that mob will willingly, even gladly, surrender its Liberty and Freedom. We see this happen. It is not to be denied.But for those not so easily swayed and who are not of a mind to willingly forsake their Liberty and Freedom, they can ever hope to retain Liberty and Freedom through vigilance and force of arms.Ruthless men lust for power over other men, and they will rule over all men unless compelled by dint of arms to forbear.It has always been so and shall always remain so. Keep this Truth ever in mind.____________________________________Copyright © 2022 Roger J. Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
THE UNITED STATES SHALL SURVIVE AS A FREE REPUBLIC IN THE 21ST CENTURY ONLY IF THE AMERICAN PEOPLE REMAIN VIGILANT AND ARMED
PART ONE
A MESSAGE FOR THE AMERICAN PEOPLE FOR 2022
“Liberty must at all hazards be supported. We have a right to it, derived from our Maker. But if we had not, our fathers have earned and bought it for us, at the expense of their ease, their estates, their pleasure, and their blood.” ~John Adams, from “A Dissertation on the Canon and Feudal Law, 1765”Through time immemorial all great nations and empires have had to struggle with stressors, and the United States is no different.Strong nations capably resist hostile outside influences bent on destroying them.The United States has since its inception as a free Constitutional Republic ably weathered all attempts by hostile nations and other antipathetic foreign entities that sought the Nation’s destruction. And the reason for our Nation’s uncommon ability to thwart such attacks is grounded on its exceptional strength, resilience, and fortitude.These essential qualities derive from our Nation’s philosophical, jurisprudential, political, social, and ethical underpinnings, all of which are reflected in its unique Constitution—the foundation of our Nation’s fundamental governing principles. That says much of our Country’s inherent greatness as well as its formidable power.A nation’s governing documents are, after all, the best indices of its health and vitality. A nation’s governing documents are the barometer of a modern nation-state’s ability to weather adversity and to grow ever stronger and more resilient in having overcome adversity.The United States has, since its inception, become the most powerful, resourceful Nation-State on Earth: militarily, economically, financially, technologically, and geopolitically. It has excelled on all indices of National health, well-being, and vigor. It did so through recognition that the strength of the Country ultimately derives from the strength of its citizens: a free, sovereign, independent, and armed people.Our Nation did not see an easy birth, shackled as it was to a powerful empire. Yet, against all odds, it threw off the yoke of tyranny. And it did so, not through wizardry, but through determination, selflessness, resourcefulness, an abundance of courage, firm conviction, and an indomitable will to prevail over oppression and tyranny: the armed American!Yet, the most dangerous perils to impact the continued well-being of an otherwise strong nation, such as the U.S., are those perils emanating inside its geographical boundaries, not outside them—by forces that seek to confuse, cow, frighten, and disarm the American citizenry. A new tyranny is on the rise. And this tyranny is in our midst.Countries sicken and die more often through an inability to deal effectively with attendant institutional weaknesses and treacherous machinations of heinous and loathsome elements residing within them than by antagonistic forces marshaled against them from the outside.The traps and snares that emerge within the nation itself are the most dangerous to a nation’s continued existence because these traps and snares are often masked and cloaked and, so, they go unrecognized. Remaining hidden and unseen, they remain unchallenged, until too late.Destructive forces have seeded their viral plague into our Nation centuries ago. And these forces have bided their time, for they know it takes time to destroy a strong, resilient Nation from within. And these destructive forces and influences existent within the Country supported by and in collusion with formidable forces and influences outside the Country have exhibited infinite patience.They have, through recent years and decades, and with the rapid advances in the technology and the art of social conditioning, slowly, inexorably, surreptitiously, and ever so quietly insinuated themselves into the public psyche, manipulating the thought processes of the American people—creating confusion, anxiety, fear, and a sense of profound hopelessness in the polity. Thus the Destructive forces of a free Constitutional Republic have effectively “softened” the willpower and the spirit of many Americans even as many other Americans remain resolute, able to see through the ruse, and therefore able to contain it.In the last decade of the 20th Century and at the turn of the 21st Century, these Neo-Marxist and Neoliberal Globalist forces—implacable, intractable foes of Americans—have been bent on transforming the whole of western civilization into a unified transnational globalist empire, sans nation-states and national borders. And they have felt confident enough in their control over Americans and, particularly, over the American psyche, to eventually merge the United States, as their ultimate prize, into their new world order scheme. And, in the first one and a half decades of the 21st Century, they have speeded up their timetable for the dissolution of the United States.Through the sinister machinations of their toadies—Clinton, Bush, and Obama—the citizenry’s ties to their history, heritage, ethos, culture, ethical foundation, and fundamental Christian grounding began to loosen, to fracture.The American belief system founded, first and foremost, on the sanctity and inviolability of the individual has through time been systematically, surreptitiously, and assiduously replaced with an altogether new and alien, fabricated and sinister, belief system.The forces that crush have concocted their false belief system to divide the American people, to prevent them from forming a durable, imperishable defense against the forces amassed against them. These malevolent forces have designed their false belief system to attack the Nation’s traditional belief structures at an elemental, subconscious level. They have designed their counterfeit belief system to engulf and destroy the core precepts, principles, and tenets of a free Republic, predicated as they are on fundamental, unalienable, God-given rights and liberties.Unseen but axiomatic, the sanctity and inviolability of the individual soul rest at the core of this Nation’s strength. The inherent and absolute sovereignty of the American people is grounded on this sacred notion of the sanctity and inviolability of the individual soul. This is the predicate basis of the citizenry's sovereignty over their Government. And the citizenry's sovereignty over Government isn't maintained by blind faith that the Federal Government will abide by the immutable authority of the American citizenry over that Federal Government, but by the fact that the citizenry is armed and will ever remain so.The citizenry’s sovereignty over Government depends on the fact that the citizenry remains armed. Under no situation or circumstance is the Government permitted lawfully to constrain, restrain, abrogate or suspend the right of the people to keep and bear arms. This is a core Truth, and the forces that seek this Nation’s destruction know this.The eternal enemies of the American people know that this core Truth is detrimental and altogether antithetical to the goal of realizing a one-world governmental regime. With cold, callous, calculated determination, these Neo-Marxist internationalists and Neoliberal Globalists have designed and have thrust into the American psyche an entirely new, alien, and fabricated belief system. This system is calibrated to undercut the core sacred Truth upon which the Country absolutely depends for its existence as a free Republic: the nobility and autonomy and sanctity and inviolability of the Individual Soul.______________________________
SEVER THE AMERICAN PEOPLE FROM THEIR OWN PAST AND THEY WILL READILY SURRENDER THEIR WITS, THEIR ARMS, THEIR SOUL
PART TWO
“The most effective way to destroy people is to deny and obliterate their own understanding of their history.” ~George OrwellA goodly portion of America’s citizenry ably sees through the actions of Neo-Marxist Internationalism and Neoliberal Globalism a design to disembowel the United States. Most Americans see a diabolical design to loosen their ancestral ties and bonds to the Nation and to each other, even if some are oblivious to this,Americans see the breakdown of the family unit. They see the assault on Christianity. They see the attempt to corrupt their Soul and to weaken their faith in the Divine Creator. In 2016, Americans voted into Office a man that promised to set things aright.Not that Donald Trump is worthy of emulation for his personality, but whatever his personal character flaws and motivations, he immediately instituted changes to the Clinton/Bush/Obama Neo-Marxist/Neoliberal Globalist agenda. And that panicked the Nation’s would-be destroyers. Their agenda came to a screeching halt.They pulled out all the stops. They amassed the power of the Press and social media, academia, business and finance, and the Government itself, which they control, to waylay Trump and the tens of millions of Americans who supported the Country and who celebrate the American Revolution of 1776, each July 4th, that this successful Revolution gave them.In one final act of desperation, in an attempt to secure the success of their own Neo-Marxist and Neoliberal Globalist Counterrevolution, these Neo-Marxist/Neoliberal Globalist forces took control over the electoral process and prevented Trump from serving a second term in Office.Through their vast stores of money, influence, organizational ability, and sheer ruthlessness, these monsters succeeded in placing a physically and emotionally effete, corrupt, compliant, decadent, indolent, and senile toady in the highest Office of the Land. Hands down, Joe Biden is the most inept and embarrassing “Chief Executive” the Nation has ever had cause to suffer.Joe Biden serves as an untended but perfect symbol of the disdain and contempt the Neo-Marxist and Neoliberal Globalist puppet-masters hold for the Nation and for its people.Biden is nothing but an errand and messenger boy, and in that he fails, as one painfully sees in his mumbling, bumbling, rambling remarks. But the puppet-masters can control him and that is what matters to them. That is all that matters to them.The puppet-masters feel confident that, with their firm control over the Government, the Press and media, business, academia, and finance, the public is powerless to demand a proper accounting; is powerless to remove this pathetic figure that belongs more properly in a nursing home but that inhabits the Oval Office.Both Biden and those other unprincipled lackeys, seeded throughout the Federal Government and through the depth and breadth of local and State Governments across the Land, are the tools upon which and through which the Neo-Marxist Internationalists and Neoliberal Globalists intend to destroy a free Constitutional Republic, merging its remains into a transnational world totalitarian empire.These malevolent forces have coerced through bribes, threats, and intimidation, many other prominent and wealthy individuals holding important positions in business, finance, industry, technology, academia, entertainment, media, and the Press, compelling them to do their bidding if they are not otherwise sympathetic to the new world order agenda. But, unfortunately, all too many of them are.But for all the duplicity and chicanery, the forces that crush may yet fail in their endeavors, and they realize this. Their concern is demonstrated through obviously desperate attempts to frighten, seduce, and deceive the American public.But why should it be so difficult for the puppet-masters to destroy our Republic?That goal is a difficult one for them to achieve because our Nation is unlike no other nation on Earth.Our Nation is grounded on governing principles derived from natural law.The framers of our Constitution recognized that the strength and resilience of the Country and its people rest, ultimately, not in the carefully structured framework of the Federal Government as set forth in the Constitution’s Articles, but rather in the American people themselves: in the firm, clear recognition of the sanctity and inviolability of the human soul.“On June 21, 1788, the Constitution became the official framework of the government of the United States of America when New Hampshire became the ninth of 13 states to ratify.” See article in National Constitution Center. But, the foundation of a free Republic didn’t end at that point because the Constitution wasn’t complete.The defining moment for the Country came with the ratification of the Bill of Rights, on December 15, 1791. See Article in Landmark Events. The Nation’s Bill of Rights, consisting of a set of unconditional, illimitable, immutable, and eternal rights of man, are no mere collection of noble sentiments, set down into law by man.The Bill of Rights isn’t manmade law at all. This Document is a codification of Divine Law and, as such, it is understood to be beyond the power of the Federal Government to modify, amend, dismiss, rescind, suspend, abrogate, or ignore.Natural Law is fundamental, unalienable, and absolute.The Nation’s Bill of Rights serves at once as a constant reminder to the servants of Government that the American people are and always remain the one, true, sole, supreme sovereign over Government. It is an emphatic notice of that fact. The Nation’s servants—those serving in Government—serve at the pleasure of and at the behest of the American people; not the other way around.It is the American people who are and remain the masters over their own life and over their Government and over the destiny of their Nation. And the right of the people to keep and bear arms exists to ensure the American people will forever remain master and sovereign over this Government and their Dominion. Let the American people never forget that, lest they lose their Country, their Spirit, and their very Soul._____________________________________Copyright © 2022 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
AMERICA: “A FREE CONSTITUTIONAL REPUBLIC—IF YOU CAN KEEP IT!”
PART ONE
DO NEOLIBERAL GLOBALISTS AND NEO-MARXISTS HONESTLY BELIEVE AMERICANS WILL MEEKLY SURRENDER THEIR FUNDAMENTAL RIGHTS AND LIBERTIES?
“‘The deliberations of the Constitutional Convention of 1787 were held in strict secrecy. Consequently, anxious citizens gathered outside Independence Hall when the proceedings ended in order to learn what had been produced behind closed doors. A Mrs. Powel of Philadelphia asked Benjamin Franklin, ‘Well, Doctor, what have we got, a republic or a monarchy?’ With no hesitation whatsoever, Franklin responded, ‘A republic, if you can keep it.’” ~quotation from an article by John F. McManus, published on November 6, 2000, in The New American, referencing an “exchange . . . recorded by Constitution signer James McHenry in a diary entry that was later reproduced in the 1906 American Historical Review.”Benjamin Franklin’s seemingly droll, yet, at once, sagacious response to Mrs. Powel’s query as to the salient nature of our new independent sovereign Nation, “A Republic If You Can Keep It,” echoes down from the ages to this precarious moment in our Nation’s history.While most Americans do fervently wish to retain our Nation in the form the founding fathers bequeathed to us, a free Constitutional Republic, some there are who do not. Their hostility toward the Nation’s continued existence as a free Constitutional Republic is both intense and blatant; and disturbingly, they control the Government, the legacy Press, social media, our educational system, and our financial system; and, most importantly, many of the “TOP BRASS” of the military.These would-be Destructors and Obstructors of our free Republic are ruthless, even rabid in their condemnation of our Country’s history, heritage, culture, and Judeo-Christian ethic. They intend to destroy all of it. To date, they have undermined much of it, and they have corrupted the minds of many Americans: youth, adolescents, and adults alike.They have corrupted innocent, impressionable school-age children, who are unable to comprehend the poisoning of their young minds. They have corrupted undergraduate university youth, who—so enthralled with and enraptured by a Marxist college professor’s pretentious, false erudition—are unable to recognize and therefore appreciate the difference between a cogent, logical, sound argument on the one hand, and what amounts to elaborate, artful sophistry, on the other. And they have corrupted tens of millions of adults—those too simple-minded to notice, or too gullible to accept the mounting evidence before them; or those who feel too intimidated or threatened to voice an objection, or simply too jaded to care.Yet there are many Americans who do see the Nation transforming into a disgusting, leprous monstrosity. There are Americans who have taken notice of the dire threat to the Republic and cannot and will not deny the truth. They do care, and this is what they see: Two mutually exclusive, antagonistic visions for America; the one in open conflict with the other. Only one WILL prevail. Only one CAN prevail—One pure and sanctified by the Lord; the other a product of the Beast, the defilement of nature, the poisoning of all that is good and proper in America.See the Arbalest Quarrel articles, detailing the distinguishing features of INDIVIDUALISM and COLLECTIVISM in “The Modern American Civil War: A Clash of Ideologies;” posted on October 6, 2018; and our prescient article on the dismantling of the Nation, “In the Throes of America’s Modern-Day Civil War,” posted on October 28, 2018.One vision holds true to the Declaration of Independence and to the United States Constitution. That vision preserves the Nation in the form the founders gave to us and intended for us: an independent sovereign nation-state and free Republic, grounded on the tenets and precepts and principles of INDIVIDUALISM, sanctified by the Divine Creator.The other vision looks to the Communist Manifesto for guidance. That vision portends the end of a free Constitutional Republic and, further, the end of the very concept of a nation-state and true morality. The political, social, and economic scheme envisioned is diametrically opposed to that of a free Republic and a sovereign people, a vision of America grounded on the tenets and precepts of COLLECTIVISM; the needs, wishes, and concerns of the individual not only denigrated but denied.The Collectivist vision eschews individual needs, wants, and desires as irrelevant and antithetical to the goals of COLLECTIVISM. It is a vision of America that denies and rejects the Divine Creator outright, and worships, instead, such false gods as Satan, Mammon, and Asmodeus: the gods of wrath, greed, and lust.The architects of this new model for America view people as little more than cattle. People are herded into groups. Uniformity and conformity of thought and conduct are engineered into society to better effectuate control. The enslavement of mankind is the result. The subjugation of man’s will and spirit is the end goal.George Orwell, in his epochal work, “1984”, published in 1949, showed the FACE of the BEAST; and Taylor Caldwell displayed the BEAST’S UNDERBELLY, in her monumental work, “Captains and the Kings,” published in 1972.One cannot but wonder that some Americans would willingly surrender their Fundamental Rights and Liberties and forsake the sanctity and inviolability of the individual spirit for a life of servitude and perpetual misery under transnational alien rule—all for a few crumbs doled out by a Nanny State guilefully intent on keeping the polity indolent, somnolent, and dependent. It is happening even now.Is it not true the United States became the wealthiest, most productive, and most powerful Nation on Earth—the veritable envy of the world—through the foresight of the Nation’s founders, who fashioned a Country, unlike any other then existent or presently existent on Earth?The founders fashioned A TRULY FREE REPUBLIC, WHERE THE PEOPLE THEMSELVES ARE SOVEREIGN, NOT TYRANTS. They were of one mind against the construction of a MONARCHY, DIARCHY, TRIARCHY, OLIGARCHY or other AUTOCRATIC, DICTATORIAL “—ARCHY,” composed of plutocrats or monarchists who would, through those systems, systematically and brutally oppress, repress, and suppress the human will and spirit—all ostensibly, as they would no doubt tell themselves—for the well-being of a proper, well-ordered, well-engineered, society, operating in a perpetual, albeit meaningless, vacuous stasis.Prime examples of the sort of governmental schemes the framers of the Constitution would abhor include the LENINIST/STALINIST REGIME imposed on the people of Russia, and the MAOIST DICTATORSHIP imposed on the people of China.How well did these seemingly harmonious societal constructs pan out? How well are they working out now? How are the TOTALITARIAN regimes of Venezuela, Cuba, and other countries across the globe doing?How is it that those who viciously condemn our Nation’s history, heritage, culture, and Judeo-Christian ethic, can explain away the fact that so many people in countries around the world seek to come to ours if our Nation is such a terrible place to anchor as the haters of our Country proclaim? The answer is: they cannot do so, and they do not even try. Rather, they simply create false narratives of America as a racist Nation; an ignoble Nation; a Nation that lacks, in their words, proper “DIVERSITY, EQUITY, AND INCLUSION.” Yet, what DO THEY REALLY MEAN by those words, in practice, that they plaster all over the place? We have a pretty good clue given what we have seen. It is all a façade:
- ‘DIVERSITY’ REALLY MEANS ‘NON-ASSIMILATION’ AND ‘SOCIETAL CHAOS’
- ‘EQUITY’ REALLY MEANS ‘INEQUITY,’ ‘INEQUALITY OF OPPORTUNITY,’ AND ‘SOCIETAL IMBALANCE’
- ‘INCLUSION’ REALLY MEANS ‘EXCLUSION’ AND ‘REJECTION’
We, as a Nation, have come full circle, from 1776 to 2021: from the inception of our Nation as a free Constitutional Republic to the possible collapse of it.Are Americans witnessing the death throes of a free CONSTITUTIONAL REPUBLIC, and doing so in REAL-TIME?Just as Americans now seek to preserve a Republic from those who seek to wrest it from our grasp, back then there were colonists who sought to sever ties with Great Britain and there were those who sought to retain those ties. See the article on the website revolutionary-war.net.“The Revolution is usually portrayed as a conflict between the Patriots and the British. But there is another narrative: the bloody fighting between Americans, a civil war whose savagery shocked even battle-hardened Redcoats and Hessians. As debate and protests evolved into war, mudslinging and rhetorical arguments between Rebels and Tories evolved into tar-and-feathering, house-burning, and lynching.The colonists themselves were divided. Tories were colonists who helped and even fought with the British during the American Revolutionary War. Also known as Loyalists for their loyalty to the British crown, their contention with the Whigs (Patriots) was so intense that their savage fighting can justly be called America’s first civil war.By one process or another, those who were to be citizens of the new republic were separated from those who preferred to be subjects of King George. Just what proportion of the Americans favored independence and what share remained loyal to the British monarchy there is no way of knowing. The question of revolution was not submitted to popular vote, and on the point of numbers we have conflicting evidence. On the patriot side, there is the testimony of a careful and informed observer, John Adams, who asserted that two-thirds of the people were for the American cause and not more than one-third opposed the Revolution at all stages.”And, now today, there are Americans, most of us, who wish to preserve the Republic. They are the true Patriots, true to the vision of the founders of the Republic, true to the tenets and precepts of INDIVIDUALISM the blueprint of our Republic, the U.S. Constitution, and its Bill of Rights. And, then there are those, the Collectivists; those who intend to unwind the Republic and to rend the Constitution as the Constitution is wholly inconsistent with the tenets and precepts of COLLECTIVISM.Among those who seek to destroy a free Republic and independent sovereign Nation-State, there are various factions. They include, inter alia, Neoliberal Globalists, Marxists, Socialists, Communists, Anarchists, and Maoists, Leninists, Stalinists, and Trotskyites—all bound by a common desire to bring to a close the era of a free Republic forged in steel on THAT FATEFUL DAY of JULY 4, 1776, that ushered in the AMERICAN REVOLUTION and the Birth of a new Nation, conceived in LIBERTY. But, the Collectivists of the 21st Century in America disparage it; want none of it; are bent on destroying all of it.The COLLECTIVISTS are a selfish lot. The COLLECTIVIST MEGA-BILLIONAIRE NEOLIBERAL GLOBALIST FINANCIERS AND CORPORATISTS, never sated, want to control ALL copper, gold, silver, platinum coinage, and, by flooding the market with worthless paper, i.e., “Federal Reserve Notes,” reduce the American polity to a state of abject poverty, penury, indigence, and misery, and despair, completely dependent on Government largess for basic survival.And the POLITICAL AND SOCIAL RECONSTRUCTIONIST COLLECTIVISTS look forward to a day when they can lower the American Flag one last time; celebrate the fall of the Republic; and observe the remains of the United States, “ONE NATION, UNDER GOD,” at long last merged into a mammoth global political, social, economic, transnational Governmental scheme—a new regime; one devoid of the very concept of an American citizenry, and of an American ethos, and of an American psyche, and of a Nation sanctified by the Divine Creator.Unfortunately, many Americans, while definitely loath to sacrifice a free Constitutional Republic, feel helpless to prevent its demise and, so, have resigned themselves to accept defeat. Still, there are those Americans who will fight, as the Patriots of old, to protect their birthright.THE AMERICAN REVOLUTION OF 1776 PRESERVED versus THE NEO-MARXIST INTERNATIONALISTS’ COUNTERREVOLUTION OF 2021 ATTEMPT AT REVERSALDo Americans retain and maintain their Republic as founded or allow it to be extinguished, erased, abandoned? WHICH SHALL IT BE?____________________________________________Copyright © 2021 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
IS THE SECOND AMENDMENT RACIST? SOME “THINKERS” TELL US IT IS.
ANOTHER CRAZY MARXIST NOTION ABOUT THE ORIGIN OF THE SECOND AMENDMENT
PART THREE
“Gun violence is a public health crisis in communities of color, and the Second Amendment has roots in slavery.” —opening remark in an article titled, “Racial equity agenda must include gun control,” as published in the Leftist website, “Crosscut,” on March 8, 2021.In tandem with the incendiary myth of “critical race theory,” thrust on the public and on our children by a Marxist-controlled Federal Government, a Marxist-controlled public educational system, a seditious, legacy Press, a Marxist-inspired Press, and an arrogant Marxist academia, there is the erroneous and dangerous myth by the Nation’s Obstructors and Destructors that the Second Amendment of the Bill of Rights has its roots in racism: “The Second Amendment is deeply rooted in America’s racist past, and fundamentally connected to the killings of George Floyd, Breonna Taylor and others. But to make this connection, one must be a “strict constructionist,” someone who looks beyond the Constitution’s written word to the underlying motives of the founders.At the Second Constitutional Convention in Philadelphia, in 1787, Southern delegates were fearful the U.S. Constitution they were drafting would restrict their right to own, sell and transport slaves. In response, Northern delegates crafted a document in which nearly one-quarter of the clauses appeased the slaveholding South, and the words “slave” or “slavery” never appeared. The Second Amendment was key among these appeasements.Patrick Henry, a Virginia slaveholder, opposed ratifying the Constitution, fearing it would cede state control of slave patrols (politely called “militias” by the founders) to the federal government. James Madison, favoring ratification, said in a debate with Henry, “If the country be invaded, a state may go to war, but cannot suppress insurrection. If there should happen an insurrection of slaves, the country cannot be said to be invaded. They cannot, therefore, suppress it without the interposition of Congress.”Take either side, Henry’s or Madison’s, local or federal, and the same fundamental issue remained: preserve slavery at all costs.” Id., supraThis, in essence, as set forth in Ford’s article, is the rationale behind the myth perpetrated and perpetuated by America’s Neo-Marxist zealots, i.e.: “Since the Second Amendment is to be perceived as inherently racist, it must be abolished.”On its face, this is a bizarre, absurd notion, hard to take seriously, but a dangerous one nonetheless because there are many in this Nation who do take it seriously. It is bubbling up and through the Nation, permeating the Nation's universities, seeping into the grade schools and high schools, embracing, as well, the equally ludicrous idea that the United States is a Nation of white Race Oppressors and of black slave Oppressed. And, although the Neo-Marxists are loath, these days, to use the phrase, “Critical Race Theory,” in the Press and on broadcast and cable news, given the groundswell against this propaganda, now that the public is well-aware of the intent of the Marxists to indoctrinate the Nation's youth, it cannot be denied that “Critical Race Theory” lies at the core of the “1619 Project,” which IS the new comprehensive lesson plan to replace the traditional teaching of history in our Nation's public schools. “Critical Race Theory” is the salient idea at the core of the Neo-Marxist 1619 Project. See article in CATO.This new attack against the Second Amendment is predicated on the inane theory that the right of the people to keep and bear arms was created by Racist white men to keep oppressed black men enslaved. This idea is of a piece with everything else that Neo-Marxists fault America for: the entirety of our Nation's history, heritage, and culture that they seek to tear down, to pave the way for the shell of what it remains of a once-proud, powerful, and wealthy and healthy, and exuberant independent, sovereign Nation and a free, sovereign people, to be merged into a transformative, transnationalist, Neo-Marxist, Globalist political, economic, social, and cultural governmental scheme, reducing the citizenry as a whole to a sad existence of poverty, misery, and, curiously enough, slavery, too.But of all the schemes falling under the irrepressible, boisterous Neo-Marxist mantra of “Diversity, Equity, and Inclusion,” it is the elimination of the Second Amendment that is absolutely essential to the Neo-Marxist game plan if their Counterrevolution to the American Revolution of 1776 is to have a concrete effect and lasting success. This little but insistent fact about the need to get rid of the fundamental, unalienable, immutable, illimitable right codified in the Second Amendment to the U.S. Constitution is papered over by America’s Neo-Marxists.Claiming the Second Amendment has its roots in racism is simply one more avenue of attack America’s Neo-Marxist leverage against a Country forged on the tenets of Individualism and on a Judeo-Christian Ethic, the predicate basis of the U.S. Constitution; the blueprint of a truly free Republic in which the American citizenry itself is the sole sovereign, and those that serve in Government are the Nation’s mere caretakers.Marxists will make any preposterous argument they can and will undertake any action they can get away with to undermine both a free Constitutional Republic and the indomitable spirit of the American people. And these Marxists are moving ahead quickly, clearly fearful of what the 2022 midterm elections foreordain. So, whether or not the Neo-Marxists believe the nonsense they spout is really beside the point. They apparently think that, or, perhaps, they simply hope that the majority of Americans will swallow this nonsense. And this will be the Marxists' downfall. They take it as axiomatic that most Americans are either uninterested, passive absorbers of banalities and inanities or are abject morons who will uncritically trust whatever it is they hear on the “news.” But this is part and parcel of Marxist thinking.
AS LONG AS AMERICANS REMAIN ARMED AND TRUE TO THEIR HISTORY, HERITAGE, CULTURE, AND MORAL PRECEPTS, AND REJECT, OUTRIGHT, THE INANITY OF THE MARXIST MESSAGING, THE MARXISTS WILL FAIL.
The concepts of a free Constitutional Republic, and a free, independent, sovereign Nation, and an American citizenry as the Nation’s sole sovereign were all borne of the American Revolution of 1776 and these concepts became concrete; a reality; the essential backbone of the United States of America. A free Constitutional Republic, and a free, independent, sovereign Nation, and an American citizenry as sole sovereign—are all seated in fact—resting in the psyche of the American citizenry, residing forever in ancestral memory; and are not so easily dislodged from ascendency, so long as the American people remain armed.It was firearms in the hands of steadfast Americans that won the American Revolution of 1776, and it will be by dint of firearms in the hands of steadfast, resolute, American citizens now, 250 years later, that Americans will be able to preserve their free Republic, their liberty, and their sovereignty against a horrific, usurpacious, rapacious, abrasive, sanctimonious Marxist-led Government; and against this Marxist Government’s fellow travelers in the legacy Press, in social media, in academia, in sports and entertainment; and against an astonishingly gullible, insular, malignant Marxist mob. Mammoth evil forces have a firm hold over our Country, metastasizing rapidly throughout its length, and breadth, and depth.Only through the preservation of an armed citizenry will Americans be able to successfully resist this Anti-American Marxist Counterrevolution of 21st Century. And these Marxist Anti-American Counterrevolutionaries know this all too well. They are very aware of the indomitability and invincibility of an armed citizenry, and they know they must crush Americans' resolve if they are to succeed in their goal of annihilating every vestige of America's past.
A TRULY MONUMENTAL STRUGGLE IS UPON US.
Some Middle Class and Upper-Middle Class Americans who have bought into the myth that the Trump Presidency was the root of all evil—as foisted on the American people by a seditious, obsequious Press, a malevolent, audacious Democrat Party leadership and their hangers-on, by a pompous, academia, and by a rapacious, angry, rabid mob of Marxist and Anarchist BLM and ANTIFA types, and spoiled college-educated children well- trained and versed in the Marxist ideology, wearing the Marxism Badge as if it were a designer bracelet or necklace—are slowly but, assuredly, coming to their senses, discerning the full extent of their error, realizing they have been played for dupes all along, as they see what a Marxist-controlled Government, not the Trump Presidency, has wrought: common criminals, and lunatics, and psychopaths running amok; our Southern Border opened to over one million-plus illegal aliens, and murderous drug cartels, in clear violation of our our immigration laws, and many of these aliens infected with the Chinese Communist Coronavirus, and all of them being shipped, throughout our Country, by our own military; ICE agents and Custom and Border Protection agents being handcuffed, denied the ability to perform their federal statutory duties, requiring them to protect the Nation's borders and the interior or of our Country; community police officers throughout the Country thoroughly demoralized, defunded, and undermanned; the economy floundering through runaway inflation; millions of American citizens treated as pariahs in their own Country; our National Security threatened by a dangerous and emboldened Chinese Communist regime; the family unit and traditional religion being denigrated; the Marxist Harris-Biden Administration and the Marxist-Democrat Party getting set to pass a multi-trillion dollar give-away package to friendly State Governments so they can continue their profligate spending habits; destruction of our energy self-sufficiency under the guise of protecting the Climate. . . and on, and on. Many of these Middle and Upper-Middle Class households who claim a liberal-minded pedigree are leaving their Marxist States in droves, realizing too late that, voting into Office seemingly enlightened politicians, have, through their seemingly oh so lofty moral values transformed their communities into garbage dumps, and they leave the poorest families to contend with the mess as they leave for more idyllic areas in Florida, Texas, Utah, Arizona, New Mexico, Montana, Wyoming, and Idaho, and others, so they can destroy those States too, with their ostensibly well-meaning liberal attitudes. Soon there will be nowhere left for these people to move to. Hopefully, many more of these liberal, holy-than-thou people, will come to their senses and think twice before voting more Marxist-Democrats into Office.The threat to a free Republic and to Democratic principles was never threatened through Trump's Presidency. He sought to preserve the Nation in the form the founders gave to us and he was moving the Nation in that direction after the disaster wrought by his immediate predecessor, Barack Obama, and no less by George Bush and Bill Clinton. It was, rather, in the feverish rant of those who sought to rid themselves of Trump, knowing the threat he posed to them and to their goal of a one-world Marxist Governmental scheme, in which Americans would be reduced to poverty and subjugation, that the continuation of a free Constitutional Republic and the application of Democratic principles was, and, at present, IS, truly threatened. These Marxists have been attacking the Bill of Rights head-on, unabashedly, incessantly, relentlessly, remorselessly. And, with the aid of their fellow travelers in the Press, and in social media, they have been succeeding on several fronts.Speech is censored; the fundamental Right to be free from the insidious, pervasive, perfidious encroachment and insinuation of the Government and of monolithic, mercenary corporations, now operating at the behest of Government, into the private life of the citizenry is continuously threatened, and may be difficult if well-nigh impossible to safeguard against. But will Americans surrender their access to firearms? To date, despite decades of attempts by the Marxists to effectively defeat the fundamental, unalienable, natural, and sacred Right of the people to keep and bear arms, these Marxists have been able to dislodge firearms from the civilian citizenry and have been unable to change Americans' attitudes and perceptions toward firearms and toward the absolute right of Americans to own and possess them for purpose of self-defense and to thwart the onset of tyranny.Yet, Marxists in Congress and the Marxist Harris-Biden Administration continue to flaunt both statute and the U.S. Constitution, with abandon, and they are indefatigable in their intent to wrest Americans’ firearms from them. But can they meet with success on that front, as they have met with success on denial of Americans' Right to be free from Unreasonable Searches and Seizures under the Fourth Amendment to the U.S. Constitution, and as they are meeting with apparent success in denying Americans' their fundamental Right of free Speech under the First Amendment to the U.S. Constitution, as the Government, through a few compliant and sympathetic technology monopolists, has made substantial inroads in undercutting Americans' Right to speak their mind, free from Government and social media interference?Americans are beset by tidal forces intent on destroying not only the structural foundations of the Nation as a free Constitutional Republic, along with the Nation’s long-standing political, social, and educational institutions, but are intent on destroying the very ancestral memory of the people of the United States. To that end, the Marxists find it necessary to undercut the Bill of Rights and especially to annihilate the Right of the People to Keep and Bear Arms, which is codified in the Second Amendment.The existence of an armed citizenry is antithetical to those who espouse Collectivism, in any of its many iterations, e.g., be it Marxism, Socialism, Communism on the Left or Fascism on the Right; for, Collectivism requires subjugation of the masses to the will of a strong centralized authority. An armed citizenry, in its very inception, poses an imminent, intrinsic threat to that centralized authority and so cannot be tolerated.The political, social, economic, financial, cultural, and juridical structure of Government and society that this Nation's Anti-American Neo-Marxists envision and that they are working toward is grounded on the tenets of COLLECTIVISM.The Arbalest Quarrel has written extensively about the two polar-opposite ideologies, INDIVIDUALISM VERSUS COLLECTIVISM; meticulously laying out the specific precepts, principles, and tenets of both, laying bare the differences, demonstrating that there can be no compromise between the two ideologies.See, e.g., the article titled, “The Modern American Civil War: A Clash of Ideologies,” posted on our website on October 6, 2018. Is it any wonder that the present Grand Pretenders and Great Imposters Joe Biden and Kamala Harris, presiding in the Executive Suite of Government, along with their retinue of secretive policymakers, the true power brokers orchestrating and choreographing Joe Biden’s and Kamala Harris’ every move, would emulate the Authoritarian EU Government in Brussels, and would tread ever so cautiously when confronting the Communist Chinese Regime in Beijing, with whom they share a similar goal: complete mastery over their respective populations?And, slowly, inexorably, they are drawing a noose around the ultimate failsafe against tyranny: the right of the people to keep and bear arms.To date, the Marxists have been working gingerly around the edges in attacking the Second Amendment, since Biden and Harris, through chicanery, assumed the Article 2 Authority. But, as with every other aspect of American life and as with every sacred fundamental, unalienable right that Americans cherish, they, through their secretive Marxist handlers, are assiduously going after civilian citizen ownership and possession of firearms and, of late, with much more than the usual customary jealous, audacious zeal. They are trying their damnedest to now tie the most cherished of Americans' rights—and the most important to the maintenance of a free Constitutional Republic and to the sovereignty of the American citizenry—to the ever familiar, noxious notion of “racism.” This latest charge is as repugnant as it is absurd.But will the power of the seditious, legacy Press and of the monopolists of social media and of the internet in fomenting and provoking substantial rage against the very notion of an armed citizenry, provide conditions sufficient for military and police action against tens of millions of armed Americans? And, what then? Will Americans “call or fold”?Whether the Marxist Counterrevolution to the American Revolution of 1776 yet succeeds in this Country, it will come down to that ultimate decision of a game of poker, but with the highest stakes on the table: Preservation of, or the loss of, a free Constitutional Republic and a free sovereign people.____________________________________Copyright © 2021 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.