WESTCHESTER COUNTY EXECUTIVE GEORGE LATIMER’S ORDER, BANNING PUBLIC GUN SHOWS, LIKELY VIOLATES FIRST AND SECOND AMENDMENT RIGHTS.

CAN A STATE OR ANY JURISDICTION WITHIN A STATE BAN PUBLIC GUN SHOWS OUTRIGHT, WITHOUT ILLEGALY TRAMPLING THE FUNDAMENTAL RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS?

“And, now, come to this spot Where the spotlight is hot And you’ll see in the spotlight A Juggling Jott Who can juggle some stuff You might think he could not. . . Such as twenty-two question marks, Which is a lot. Also forty-four commas And, also, one dot! That’s the kind of Circus McGurkus I’ve got!” ~ From the Children’s Book, “If I Ran the Circus," by Dr. Seuss (published by Random House 1956) 

We see with disturbing regularity, Governments, be they the federal Government, a State Government, or Government of a County, township, or municipality, blindly, indiscriminately, with stunning alacrity, and feverish abandon, enacting laws, codes, regulations, ordinances, or, as in the case, recently, in the County of Westchester, in the State of New York, an Executive Order that negatively impacts substantive, fundamental Constitutional Rights. Those in power, like the Westchester County Executive, George Latimer, seek, in the fiefdom, they "rule," a fanciful, but nightmarish world, a personal circus, that mirrors a conception of reality acceptable to them--a conception of reality consistent with their personal philosophy and ethical system but one at once inconsistent with the blueprint for a free Republic that the founders of our Nation designed and established for the American people, and one inconsistent with the rights and liberties that the framers of our Bill of Rights insisted on as a critical component of the Nation's Constitution, as a safeguard against the very actions that people such as George Latimer take. People, like the present Westchester County Executive, filled with their own smug certainty of what is right and proper, would dare to force the ordinary citizens, who reside in their domain of power, to live in the "circus" they create, compelled to obey and abide by the law they lay down, irrespective of natural law, codified as sacred rights and liberties comprising our Bill of Rights--rights existent intrinsically in each American citizen, as placed in each American soul, by the hand of the Divine Creator, that no man, acting as a demigod, may rationally and lawfully counteract or nullify.

WESTCHESTER COUNTY EXECUTIVE GEORGE LATIMER OVERTURNS THE ORDER OF HIS PREDECESSOR, ROB ASTORINO.

On January 2, 2018, George Latimer, a Democrat, took the oath of Office in his White Plains, New York Office, as the new County Executive of Westchester County, and wasted no time to attack the Second Amendment to the U.S. Constitution. “On his second day as Westchester County Executive, George Latimer delivered on a promise from in [sic] his campaign, and signed an Executive Order prohibiting the sale of guns on Westchester County property.” What precipitated this Executive Order? Apparently, George Latimer sought to reimpose on the American public that resides in Westchester County an earlier ban on public gun shows ordered by a prior Westchester County Executive, Andrew J. Spano, that had been lifted by George Latimer's immediate predecessor, Rob Astorino. As explained, further, on the Westchester Government website,“In 1999, gun shows were banned at the Westchester County Center by former County Executive Andrew J. Spano [a Democrat] in the wake of the mass shooting at Columbine High School in Colorado. That prohibition was later revoked by Latimer’s immediate predecessor [Rob Astorino, a Republican].‘Westchester County government should not be in the business of advancing the sale of weapons and other items often sold at gun shows – plain and simple,’ said Latimer. ‘This is not a restriction on gun shows in the entire county, but rather just on public land.’Text from the Executive Order states that 'WHEREAS, recreational County facilities always serve our residents best when used for sporting events, concerts, trade shows, and educational opportunities for our youth. Gun shows are not what taxpayer financed property should be used for.'"Several websites dryly report this event; several with approval, some not.The seesawing of actions, up and down, back and forth—where one Westchester County Executive bans public guns shows, another County Executive lifts the ban, and a third County Executive reimposes the public gun show ban—reflects a clash of philosophies pertaining to import and purport of the Second Amendment, and to the First Amendment to the U.S. Constitution as well, played out on a small scale. How this clash of philosophies ultimately pans out, when fought out on the broad national scale, in Congress and in the U.S. Supreme Court, though, will have, for the American citizenry, vast implications and ramifications, for good or ill, for generations of Americans to come.

THE INDEFATIGABLE OBSTINANCE OF THOSE FORCES THAT DENIGRATE AND REFUSE TO TOLERATE THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS KNOWS NO BOUNDS.

George Latimer's Executive Order, banning public gun shows in Westchester County, represents the latest effort of antigun forces to place obstacles in the path of those American citizens who, as Latimer and his fellow travelers see it, have the audacity to exercise the natural and fundamental right of the people to keep and bear arms that the framers codified in the Bill of Rights of the U.S. Constitution. The framers, for their part, with clarity of foresight, provided to them with guidance from Divine Providence, saw abundant need for this sacred right to be codified in the Bill of Rights. The framers of the Bill of Rights, the founders of our free Republic, knew full well that nothing but force of arms serves to check tyranny and nothing but force of arms best protects the life, well-being, and sanctity of the individual. Thus, as Latimer and his cohorts in the antigun conspiracy take exception with those American citizens who wish merely to exercise, unimpeded, the right to own and possess firearms for their protection and to safeguard the continued existence of a free Republic, George Latimer and his antigun cohorts must also take exception with the framers of the Bill of Rights, for it is they, who made clear enough, beyond the power of anyone to ignore, that the right of the people to keep and bear arms does exist, that the right is sacred and indelible, and that this right, more than any other, defines our Nation and defines what it means to be an American citizen.

GEORGE LATIMER LAYS OUT FOR THE MAINSTREAM NEWS MEDIA PRESS THE PREDICATE BASIS FOR HIS EXECUTIVE ORDER BANNING PUBLIC GUN SHOWS IN WESTCHESTER COUNTY, SIGNALING HIS VEHEMENT DISAPPROVAL OF FIREARMS AND HIS STRONG DISAPPROVAL OF THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS, CODIFIED IN THE SECOND AMENDMENT TO THE U.S. CONSTITUTION.

Where George Latimer’s sympathies lie on matters pertaining to the right of the people to keep and bear arms, one can readily ascertain. Talking to the Press, Latimer resorts to use of simplistic, superficial, banal political oratory, eschewing erudite, logical discourse—treating the public with condescension and contempt, as politicians customarily and most sadly do—punctuating his well-rehearsed talking points with the confident self-assurance and moral certitude of a televangelist delivering a weekly sermon to his TV audience. “Latimer said Tuesday that gun shows do not represent the family values reflected in the other events held at the county facilities. The ban is not a restriction on gun shows in the entire county, but just on public land, he said. ‘The County Center hosts basketball, Westchester Knicks play there in the developmental league, we have had the Harlem Globetrotters come in for performances, we have a bridal show coming up, we have a model train show that normally comes into the arena, we have job fairs and high school graduations and concerts, all very friendly family fare,’ he said.”The County Executive, George Latimer, also proclaims: “I believe the majority of the Board of Legislators, and myself as executive, believe very strongly that this is the wrong venue for a gun show. . . .” Well, who would dare oppose George Latimer; for, after all, as stated in County Code: “The County Executive shall be the chief executive and administrative officer of the county and the official head of the county government.” Westchester County Code of Ordinances, Part I, Charter, Article 110, County Executive.

COUNTY EXECUTIVE GEORGE LATIMER’S BAN ON PUBLIC GUN SHOWS IN WESTCHESTER COUNTY SIGNALS HIS SUPPORT OF GOVERNOR ANDREW CUOMO’S ANTAGONISTIC ATTITUDE TOWARD GUNS AND THE GOVERNOR'S ANTAGONISTIC ATTITUDE TOWARD THE EXERCISE OF THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS, CODIFIED IN THE SECOND AMENDMENT TO THE U.S. CONSTITUTION.

As George Latimer, County Executive, sets his imprimatur on the County level, one would do well to recall Governor Andrew Cuomo’s own actions, negatively infringing the Second Amendment right of the people to keep and bear arms, on the State level. After all, it was Governor Cuomo who signed into law, on January 15, 2013, and who exclaims with visible pride, enactment of the New York Secure Ammunition and Firearms Enforcement Act of 2013 (NY Safe Act), one of the most restrictive and draconian set of firearms laws ever to be enacted in the United States—and a direct and clear repudiation of and affront to the fundamental right, codified in the Second Amendment to the U.S. Constitution. Other anti-Second Amendment Governors have used the NY Safe Act as a model for enactment of their own restrictive firearms laws. And, on the national stage, U.S. Senator Dianne Feinstein had envisioned and had hopes of engineering similar NY Safe Act legislation for the entire Nation—a direct and cold and calculated and audacious challenge to any American citizen who might wish to exercise his or her fundamental right to keep and bear arms. Fortunately, she did not succeed in that endeavor. But, like a true fanatic, she employs indefatigable resolve, constantly introducing anti-Second Amendment bills in the U.S. Senate, and forever scheming behind closed doors.Antigun Politicians like Governor Andrew Cuomo and Westchester County Executive, George Latimer, and Senator Dianne Feinstein know they can always rely on the mainstream news media to trumpet, with great fanfare, their antigun message.

THE MAINSTREAM NEWS MEDIA “PRESS” SERVES IS OWN ENDS, AND THOSE OF ITS BENEFACTORS—THE WEALTHY, POWERFUL, RUTHLESS INTERNATIONALIST, TRANS-NATIONALIST GLOBAL “ELITE” THAT IT OBSEQUIOUSLY SERVES—TO DENIGRATE, INCESSANTLY, UNCEASINGLY, THE FUNDAMENTAL RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS, CODIFIED IN THE BILL OF RIGHTS.

Arguably, one of the most unforgiveable actions of the ‘mainstream news media’—where the expression, ‘mainstream news media,’ is generally equated with the term, 'Press,' as the word, ‘Press,’ appears prominently in the First Amendment of the Bill of Rights of the U.S. Constitution —is that the Press, id est, “this mainstream news media Press,” fails to defend the fundamental right of the people to keep and bear arms, as codified in the Second Amendment. That is bad enough. Worse, the mainstream news media Press caustically, audaciously, and emphatically attacks those who defend the right codified in the Second Amendment. This mainstream news media Press, scurrilously abets the actions of those governmental leaders, who, with the power they wield through the Legislative Office they hold, do their utmost to undermine, rather than defend the right.Mainstream news media organization newspaper publishers like The New York Times, Chicago Tribune, Washington Post, The Guardian, and USA Today, and mainstream news media broadcast outlets like ABC, MSNBC, CBS, CNN, PBS, and BBC all provide a quick and ready and willing forum for those Congressional and State legislators and for those antigun proponents and antigun provocateurs and for those obstreperous left-wing agitators that allows them to malign those American citizens who hold to traditional American values and who seek to exercise their fundamental right to keep and bear arms. With customary malicious and malevolent bravado, and self-assured smugness, these mainstream news media newspapers and other mainstream media news organizations and their affiliates denigrate the Second Amendment and denigrate those who support it and denigrate those who support the framers' conception of the other Nine Amendments as well. Through their commentary and  Op-Eds, and through their news reporting, too--where mainstream media news coverage is seen less as hard, so-called "straight" news and more as editorial slants posing as news stories--these mainstream media news organizations deliberately and disingenuously concoct a central theme, a story-line, a story narrative, that, day-by-day, builds upon the story of the day before, not unlike what one sees when reading a work of fiction,that, chapter by chapter, builds sequentially on what came before, to a pre-ordained conclusion that the author mandates in the template for the work of fiction that the author creates.This same mainstream news media Press malevolently assails, with sanctimonious conviction and obvious glee, anyone who might dare challenge its pronouncements; for, the Press quickly reminds the American public that freedom of the Press is, after all, a fundamental right, even as that same Press insists that the right of the people to keep and bear arms isn’t. The irony in the claim—selectively and vehemently defending one fundamental right while viciously attacking another—is, apparently, lost on those who work for the mainstream news media Press, even if that irony isn’t lost on any other American.So, it should not be surprising that some Governmental leaders operate with characteristic aplomb and abandon to enact laws and take actions that undercut the right of the people to keep and bear arms as they have a powerful ally in the mainstream news media Press on their side. George Latimer evidently knows he has the backing of this mainstream news media Press, and with this Press on his side, he acts with impunity. Together, with a compliant County Government he leads, he obviously feels confident that his bold, legally dubious Executive Order, banning public gun shows, will go essentially unchallenged. For, who would dare confront him?Well, the Arbalest Quarrel does challenge Westchester County Executive George Latimer’s Order, banning public gun shows in Westchester County. And, we do proclaim loudly, assertively and confidently: Meaningful, compelling, deserving and discerning bases exist, in law, to challenge County Executive George Latimer’s Executive Order, on that portion of the Executive Order we have seen, as posted on the County Government website.Why do we say this? We have the weight of legal authority on our side.

COUNTY EXECUTIVE GEORGE LATIMER’S ACTION, BANNING PUBLIC SHOWS IN WESTCHESTER COUNTY IS LIKELY UNLAWFUL, AND A COGENT LEGAL BASIS EXISTS FOR CHALLENGING THE EXECUTIVE ORDER IN COURT.

Granted, the Arbalest Quarrel hasn’t had an opportunity to review the full text of George Latimer’s Executive Order. The reason is that the full text of the Executive Order has not been published on the Westchester County website. In time, perhaps, the full text of the Executive Order will be posted on the County Government website. There is, apparently, more to it.But, what we do see, from that portion of the Executive Order that has been published, namely that “recreational County facilities always serve our residents best when used for sporting events, concerts, trade shows, and educational opportunities for our youth [because] Gun shows are not what taxpayer financed property should be used for,” says enough for purpose of challenging the lawfulness of the Order. For, consistent with and supportive of George Latimer’s sentiments about firearms and about gun shows, as expressed to the mainstream news media Press, along with the language of the Executive Order itself, we conclude the language of the Order, as buttressed by the Westchester County Executive’s statements to the mainstream news media Press, demonstrate not only the County Executive’s open and visceral abhorrence of firearms, and not only his distaste for the right of the people to keep and bear arms as codified in the Second Amendment to the U.S. Constitution, and not only his contempt for American citizens who wish to exercise that right, but constitute, too, unconscionable violations of the freedom of speech clause of the First Amendment to the U.S Constitution.That portion of the Westchester County Executive Order we have read, be it coupled with the Westchester County Executive’s statements to mainstream media newspapers and broadcast outlets, or not, amounts to an open admission of violation of the freedom of speech clause of the First Amendment.The Arbalest Quarrel will provide an in-depth analysis in a future article. Suffice it to say, here, that George Latimer’s Executive Order, through its very language, contravenes United States Supreme Court law.In critical part, the U.S. Supreme Court stated, in the 1994 case, Turner Broadcasting System vs. FCC, 512 U.S. 622; 114 S. Ct. 2445; 129 L. Ed. 2d 497; 1994 U.S. LEXIS 4831; 62 U.S.L.W. 4647: “At the heart of the First Amendment lies the principle that each person should decide for him or herself the ideas and beliefs deserving of expression, consideration, and adherence. Our political system and cultural life rest upon this ideal. See Leathers v. Medlock, 499 U.S. at 449 (citing Cohen v. California, 403 U.S. 15, 24, 29 L. Ed. 2d 284, 91 S. Ct. 1780 (1971));West Virginia Bd. of Ed. v. Barnette, 319 U.S. 624, 638, 640-642, 87 L. Ed. 1628, 63 S. Ct. 1178 (1943). Government action that stifles speech on account of its message, or that requires the utterance of a particular message favored by the Government, contravenes this essential right. Laws of this sort pose the inherent risk that the Government seeks not to advance a legitimate regulatory goal, but to suppress unpopular ideas or information or manipulate the public debate through coercion rather than persuasion. These restrictions ‘raise the specter that the Government may effectively drive certain ideas or viewpoints from the marketplace.’ Simon & Schuster, Inc. v. Members of the New York State Crime Victims Bd., 502 U.S. 105, 116, 116 L. Ed. 2d 476, 112 S. Ct. 501 (1991). For these reasons, the First Amendment, subject only to narrow and well-understood exceptions, does not countenance governmental control over the content of messages expressed by private individuals. R. A. V. v. St. Paul, 505 U.S. 377, 393, 120 L. Ed. 2d 305, 112 S. Ct. 2538 (1992); Texas v. Johnson, 491 U.S. 397,  414, 105 L. Ed. 2d 342, 109 S. Ct. 2533 (1989). Our precedents thus apply the most exacting scrutiny to regulations that suppress, disadvantage, or impose differential burdens upon speech because of its content. See Simon & Schuster, 502 U.S. at; id., at (KENNEDY, J., concurring in judgment); Perry Education Assn. v. Perry Local Educators' Assn., 460 U.S. 37, 45, 74 L. Ed. 2d 794, 103 S. Ct. 948 (1983). Laws that compel speakers to utter or distribute speech bearing a particular message are subject to the same rigorous scrutiny. See Riley v. National Federation for Blind of N.C., Inc., 487 U.S. at 798; West Virginia Bd. of Ed. v. Barnette, supra. In contrast, regulations that are unrelated to the content of speech are subject to an intermediate level of scrutiny, see Clark v. Community for Creative Non-Violence, 468 U.S. 288, 293, 82 L. Ed. 2d 221, 104 S. Ct. 3065 (1984), because in most cases they pose a less substantial risk of excising certain ideas or viewpoints from the public dialogue.” Let’s deconstruct a portion of this high Court opinion: “At the heart of the First Amendment lies the principle that each person should decide for him or herself the ideas and beliefs deserving of expression, consideration, and adherence. Our political system and cultural life rest upon this ideal.” There is a marked tension between the words of the U.S. Supreme Court and the words expressed in Westchester County Executive’s Order; for the language of the Executive Order stands in clear, categorical defiance to the well-reasoned opinion of the high Court in Turner. Again, the specific language of the Westchester County Executive Order of George Latimer reads: “WHEREAS, recreational County facilities always serve our residents best when used for sporting events, concerts, trade shows, and educational opportunities for our youth [because] Gun shows are not what taxpayer financed property should be used for [emphasis our own].” This is a presumptuous, arrogant assertion. Latimer predicates this Executive Order on, and attempts to support an unlawful and despicable Governmental act on, false moral piety. It is a ruse; no less so, if George Latimer truly believes that his Executive Order is justified because, in his mind, he has generated it from a sense of superior moral conviction, and sees it as an act of beneficence toward the residents of Westchester rather than, for what it really is, an act of defiance toward the supreme authority, establishing, in no uncertain words, the fundamental rights and liberties etched in stone in the Bill of Rights. Yet, Latimer's Executive Order, banning public gun shows in Westchester County, is nothing less than illegal gag order on free expression, posing as a righteous moral edict. For George Latimer is doing no less than thrusting his personal beliefs into the public sphere concerning what he sees, or what he would like to see, as the appropriate use of public County land and what he perceives as not constituting appropriate use of public land. Latimer obviously detests  guns, and he obviously abhors a citizen's exercise of the Second Amendment right to keep and bear arms. By banning public gun shows, George Latimer uses his Office to make manifest in law, to actualize in Westchester County, his personal opinions and pompous high-minded moral judgments of what he deems to constitute appropriate behavior and what he signals as inappropriate behavior, informing residents of Westchester County, in no uncertain terms, as to what constitutes appropriate behavior in the County and what does not. Obviously, for George Latimer, those who wish to promote and hold public gun shows and those who wish to attend public gun shows are both engaging in inappropriate, immoral or amoral behavior, and he has signaled his clear disapproval of that behavior through the Executive Order he has issued on the matter. Undoubtedly, we will see more such Executive Orders emanating from his Office in White Plains, New York.George Latimer takes upon himself the role of guardian of public morality, and he has, through issuance of his Executive Order, given himself, albeit tacitly, the title of High Priest of Moral Order and Rectitude. It is George Latimer who determines what behavior is worthy of free speech protection under the First Amendment and what speech is not worthy of such protection, in Westchester County. Through his actions George Latimer demonstrates the height of arrogance and presumption. He uses a heavy hand to constrain the right of free speech that Westchester County residents might, one would think, reasonably expect is theirs to enjoy, as such right is codified in the First Amendment; and he uses a heavy hand to constrain, as well, the right of the people to keep and bear arms, as codified in the Second Amendment--another fundamental right that Westchester County  residents might, one would think, also reasonably expect is theirs to enjoy. Not so, according to George Latimer. But, the Courts may think differently. Latimer's Executive Order is not likely to stand up to rigorous legal scrutiny. For, contrary to George Latimer’s assertions as manifested in his actions, the Bill of Rights doesn’t stop at the border of Westchester County. Moreover, that the County Executive would deign, at least for a time, to allow gun shows to proceed unimpeded on “private” land within the County, for those Westchester residents who would wish to attend them, the fact that private gun shows may be permitted in Westchester County, when public gun shows cannot, under Latimer's Executive Order, does not suffice to circumvent a charge of Constitutional violations impacting public gun shows, whether private gun shows are a feasible, practical alternative or not.Under our system of laws, as interpreted by the U.S. Supreme Court, consistent with the U.S. Constitution, George Latimer, in his official capacity as the Westchester County Executive, but also as an American citizen, thrusts a personal view toward firearms on others which sees expression as a ban on public gun shows. But, it is one thing for an American citizen to dislike guns, to dislike gun shows, and to dislike the Second Amendment and to hold personal views on what should, in that person's mind constitute limits on free expression under the First Amendment, and, thereupon, to express views consistent with those preferences. That is permitted. That itself reflects a sacred right that an American citizen shall, as he or she wishes, exercise, freely, without constraint. That entails, as well, the sanctity and inviolability of each individual American citizen to be individual--a basic precept that underlies the entirety of the Nation's Bill of Rights. But where, as here, an American citizen—who wields power as a Government official—would dare impose, indeed, inflict, his belief systems on others, by erecting barriers to another American citizen’s fundamental and substantive Constitutional rights, that cannot and must not be borne. Governmental officers are, after all, in this Nation, under our Constitution and under our system of laws, public servants. Their duty is to serve the people, not to command subservience of the people, to bend the will of the American citizenry to that official's will. The Bill of Rights operates as an absolute constraint on the authority of any Governmental official, whether serving at the Federal, State, County, or local level. The Bill of Rights cannot lawfully be overridden, either by Statute or by Executive fiat. The Bill of Rights sets the parameters beyond which no Governmental official is permitted lawfully to enter.The U.S. Supreme Court further stated, in Turner,“As a general rule, laws that by their terms distinguish favored speech from disfavored speech on the basis of the ideas or views expressed are content-based. See, e.g., Burson v. Freeman, 504 U.S. 191, 197, 119 L. Ed. 2d 5, 112 S. Ct. 1846 (1992) (‘Whether individuals may exercise their free-speech rights near polling places  depends entirely on whether their speech is related to a political campaign’); Boos v. Barry, 485 U.S. 312, 318-319, 99 L. Ed. 2d 333, 108 S. Ct. 1157 (1988) (plurality opinion) (whether municipal ordinance permits individuals to ‘picket in front of a foreign embassy depends entirely upon whether their picket signs are critical of the foreign government or not’). By contrast, laws that confer benefits or impose burdens on speech without reference to the ideas or views expressed are in most instances content-neutral. See, e.g.  City Council of Los Angeles v. Taxpayers for Vincent, 466 U.S. 789, 804, 80 L. Ed. 2d 772, 104 S. Ct. 2118 (1984) (ordinance prohibiting the posting of signs on public property ‘is neutral—indeed it is silent—concerning any speaker's point of view’); Heffron v. International Society for Krishna Consciousness, Inc., 452 U.S. 640, 649, 69 L. Ed. 2d 298, 101 S. Ct. 2559 (1981) (State Fair regulation requiring that sales and solicitations take place at designated locations ‘applies evenhandedly to all who wish to distribute and sell written materials or to solicit funds’).”The language of Latimer’s Executive Order is, on its face, content-based, not merely neutral-based. The Executive Order, banning public gun shows in Westchester County, would, therefore, in our estimate, not withstand legal scrutiny if challenged.

CONSTITUTIONAL RIGHTS AND LIBERTIES DO NOT EXIST IN AN ACADEMIC VACUUM. THEY AFFECT THE LIVES OF ALL AMERICANS IN A TANGIBLE WAY; AND TWO OR MORE RIGHTS, SUCH AS THE FREEDOM OF SPEECH OF THE FIRST AMENDMENT AND THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS OF THE SECOND, OFTEN COHERE. THEY OFTEN, AS HERE, IN THE CASE OF AN EXECUTIVE ORDER BANNING PUBLIC GUN SHOWS, GO HAND-IN-HAND.

Much of restrictive gun law legislation, apart from expressly conflicting with the Second Amendment, casts a bright light on the views of those who support such draconian legislation. It is demonstrative evidence for inferring that the proponents of such legislation seek not only to curb exercise of the fundamental, substantive right codified in the Second Amendment, but to curb the American citizen's First Amendment expression of that Second Amendment right. These two Rights go hand-in-hand. When antigun proponents talk disparagingly of a so-called "gun culture" or "culture of guns," that they seek to curb, they really mean to contravene, to place unconstitutional constraints on the free speech clause of the First Amendment too. George Latimer’s Executive Order, unlike many restrictive gun measures, overtly—not merely impliedly—infringes the First Amendment’s guarantee of freedom of speech, afforded all American citizens and would, if challenged, likely be struck down as an unlawful overt and absolute attempt to control content of speech, well beyond the regulation of time, place, and manner of speech. George Latimer seeks to control expression of what to some constitutes an unpopular view as much as he seeks to contain gun shows in Westchester County. He sees public gun shows as unwanted displays of "gun culture" and of the "culture of guns" that he, along with other like-minded antigun proponents and antigun provocateurs denigrate, They thereupon attempt to contain, constrain and constrict and, eventually, to eradicate gun ownership and gun possession in this Nation, in the tangible, physical sense, But, they go beyond that. They seek much, much more. They seek no less than to eradicate, to excise from the memory of man, from the mind of the American citizenry, the very desire for, the very wish to exercise the right of the people to keep and bear arms--to erase, then, from the mind of each American citizen that anything sacred exists in the Second Amendment to the U.S. Constitution. They seek for a day to arrive when people here perceive the Second Amendment as not merely archaic, anachronistic, and obsolete, but incongruent, bizarre, meaningless. To that end the mainstream news media Press and our Nation's Educational system is hard at work--hard at work to disrupt and destroy the Second Amendment and hard at work to destroy the unreasonable searches and seizures clause of the Fourth Amendment and hard at work to change the American public's perceptions toward and to severely constrain the notion of freedom of speech clause of the First Amendment

GEORGE LATIMER'S EXECUTIVE ORDER BANNING PUBLIC GUN SHOWS IN WESTCHESTER COUNTY RAISES OTHER LEGAL, AS WELL AS PERTINENT SOCIAL AND POLITICAL QUESTIONS, APART FROM THE EXECUTIVE ORDER'S NEGATIVE IMPACT ON THE FIRST AND SECOND AMENDMENTS TO THE U.S. CONSTITUTION.

George Latimer's Westchester ban on public gun shows in Westchester County--a ban that does not simply regulate time, place and manner of public gun shows but amounts to a total prohibition on gun shows--must be seen for what it really is: pernicious, discriminatory State regulation, operating to deny to a substantial class of American citizens use of a public forum for a legitimate Constitutional purpose. The question posed for review is this: Does not George Latimer's Executive order operate overtly, and unconscionably, and contemptuously to unconstitutionally discriminate against an entire class of citizenry, namely those American citizens who desire to own and possess firearms, by denying to these American citizens a vehicle, in the form of a public forum, through which an American citizen, not under disability, may seek to view and purchase firearms and such other items, such as memorabilia, that an American citizen has the right to own and possess? If an American citizen seeks merely and only to exercise a fundamental, substantive Constitutional right and if a public accommodation allows that citizen to exercise a fundamental Constitutional right, on what basis can a Governmental agent--in this particular case, the County Executive, George Latimer--lawfully deny, in totality, to an American citizen, the use of a public accommodation in which that substantive, Constitutional right may be exercised? If a legal basis does not exist for a total ban on gun shows, then George Latimer's unilateral action constitutes no less than an overt, unconstitutional discrimination against gun owners who desire to own and possess firearms. If true, then, does not George Latimer's Executive order impinge on and infringe the due process and equal protection clauses of both the Fifth and Fourteenth Amendments to the U.S. Constitution, as well as operating as an infringement of the free speech clause of the First Amendment and as an infringement of the Second?That George Latimer deigns to allow private gun shows to continue to be held in Westchester County, apart from public gun shows--at least for the time being--does permissible use of private accommodations for gun shows obviate Constitutional issues associated with a total ban on public gun shows in Westchester County? Then, too, does not George Latimer's ban on public gun shows operate as a shifty and deceitful attempt to slide around what antigun proponents and antigun provocateurs and antigun conspirators see as the public gun show "loophole" to the instant criminal background check system under federal law? For, if public gun shows do not exist, then, the perceived "loophole" issue disappears into mist. But, is not the "loophole" issue and is not the very expression 'gun show loophole' itself a myth perpetrated by and perpetuated by antigun proponents, antigun provocateurs and antigun conspirators to strain and constrain exercise of the right of the people to keep and bear arms?We will continue with our analysis of the Westchester County Executive George Latimer’s Executive Order in a forthcoming article.

A CLOSING NOTE: WHAT WE ARE SEEING; WHAT IS AT STAKE.

We see, of late, and with more insistent and incessant fury, a bold attack on the very cultural traditions and core values and belief systems of this Country underway. Do American citizens not see that, despite the electoral triumph of Donald Trump to the U.S. Presidency, there is a conscious, sinister, insidious, diabolical effort underway to undercut our most cherished rights and liberties, and that this process is being carried out by the sinister forces that crush Nation States? Do American citizens not see that these forces intend to crush our Nation State through a systematic, orchestrated scheme of disinformation, misinformation, pseudo-information, and non-information designed to demoralize the American citizenry; to impose a false sense of guilt onto the American citizenry; to confuse and confound the American citizenry; to devalue the Bill of Rights, to devalue the notion of 'American citizen,' to soften and mold and reshape the contours of this Nation's citizenry as if the American people were but a lump of clay; to transform the American citizenry into weak, guilt-ridden, anxious souls.We see that Americans have lost the right to privacy. They have lost the right to be free from unreasonable searches and seizures. They have lost the right of free speech, the right to speak their mind, as threat of public reprimand, and threat of loss of employment are omnipresent. They are slowly losing their God-given right of the people to keep and bear arms.We see monopolistic corporate mega-structures emerging in all business sectors: technology, finance, media, entertainment. We see these colossal mega-structures imposing bizarre, alien rules and bizarre principles of behavior on society, across society. They are doing this with impertinence, impudence, false piety, and with a disgusting sense of self-righteousness, and with impunity. And they are using their horde of wealth and outsize power to influence Government. They are operating as if they were Government, but as a Government free of constraints imposed on Government by the Bill of Rights--a Document that is systematically being dismissed as irrelevant. We see our Nation awash in waves of illegal aliens, falsely and loudly clamoring for and oddly claiming rights they do not have and should never be given. And, we see waves of unassimilable, poverty-stricken, ill-informed, mentally lazy refugees flooding into our Country from failed States. These individuals make an unwieldy welfare State, that we are becoming, even more untenable. They strain our resources and require support from our citizenry. And, many in Congress support this, would allow this; would encourage this. They would enact new immigration laws that would further disrupt our economy, and negatively impact our mores, our values, our sacred roots. We see, even now, our history revised; our children taught alien ideas. Our sense of National identity is being turned on its head. More than questioned, national identity, as perceived by the founders of our free Republic, is now scorned, and reviled, and slowly revised.How far can this awful state of affairs go? When will the American people fight back to recover their sacred birthright? _________________________________________________Copyright © 2017 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

NATIONAL CONCEALED HANDGUN CARRY RECIPROCITY IS THE ANSWER TO INTERNATIONAL ISLAMIC TERRORISM IN THE UNITED STATES.

On January 3, 2017, Richard Hudson, (R-NC), introduced the Concealed Carry Reciprocity Act of 2017 (115 H.R. 38) in the House of Representatives. This Bill, if enacted would allow an individual “who is carrying a valid identification document containing a photograph of the person, and who is carrying a valid license or permit which is issued pursuant to the law of a State and which permits the person to carry a concealed firearm or is entitled to carry a concealed firearm in the State in which the person resides, may possess or carry a concealed handgun (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce, in any State that has a statute under which residents of the State may apply for a license or permit to carry a concealed firearm; or does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes.” What is the status of this bill? It languishes in Committee. Nothing is being done on it, but momentum is building across the Country to compel Congress to take action. Antigun politicians are angered and frightened that national concealed handgun carry will become a reality. In response, they create unsound, bogus arguments directed to containing the very possibility of it. Case in point: Manhattan District Attorney Cy Vance, according to an article by Mark Moore, appearing in the June 25, 2017 edition of the New York Post, titled, “DA: I am sure ISIS supports concealed carry reciprocity bill, asserts, ludicrously, that national concealed handgun carry will play into the hands of Islamic terrorists. This is merely a new twist on the favorite tired line of antigun groups—that this Nation has a gun problem—as if to suggest that guns, inanimate objects, are responsible for criminal violence. That idea is not only false, it is imbecilic. Sentient beings are responsible for violence, and it is those beings who engineer violence who are to be constrained, not the implements the perpetrators use to promote and do violence.Of course, as we have seen, most notably, in Europe, but also here at home, Islamic terrorists don’t demonstrate a preference toward any one implement when destroying lives: bombs, knives, axes, gasoline, even trucks and automobiles as well as firearms are used--and often several of these implements in one horrific act of violence have been used--by Islamic terrorists, and with devastating effect against innocent civilians--and against soldiers and against police officers as well.Why are guns singled out as the cause célèbre of violent deeds? The emphasis on guns plays into the tiresome raison d’etre of antigun groups: "get rid of guns," so they say, "and all will be right with the world." That is utter nonsense, of course, but the theme plays out in the remonstrations of politicians and as echoed in the choruses of pundits and journalists of the mainstream media through endless, insufferable iterations—an incessant cacophony of meaningless sound bites.Violent crime is a sad fact of life, but its impact can be minimized. In fact, the impact of violent crime can be and has been minimized by arming, not by disarming the American public, and the impact of violent crime can be further minimized through strict enforcement of criminal penalties against those who inflict pain and suffering on innocent Americans. The latest incarnation of violent crime, international Islamic terrorism, is a special species of violent crime, to be sure, a species of crime that must, of course, be dealt with, and must be dealt with at the highest Government levels.In the U.S., the threat posed by international Islamic terrorism is being dealt with sensibly, rationally, and directly, by the U.S. President, Donald Trump. An armed American citizenry can certainly aid the U.S. President in his efforts.Courts in the Ninth Circuit though disagree. Not content merely to disarm the American public—inhibiting Americans from exercising their natural right of self-defense with the best means available—a firearm—the Courts of the Ninth Circuit have attempted to throw a wrench into the President’s efforts as well—opining, wrongly, that individuals, non-citizens, who reside outside of this Country, have rights secured under the Bill of Rights and that, in effect, the rights of these non-citizens apparently transcend the security of this Nation and the security of its people. Non-citizens residing outside our Country, though, have no rights or liberties under our Bill of Rights and the concerns of non-citizens residing outside our Country do not transcend—will never transcend—the needs and security of the citizens of our own Nation.The U.S. Supreme Court's June 26, 2017 decision is consistent with that principle. The high Court essentially stayed the preliminary injunctions of the U.S. Court of Appeals for the Ninth Circuit, opining that the preliminary injunctions were valid only to the extent that a refugee could establish a bona fide relationship with a person or entity in the United States. Trump v. Int'l Refugee Assistance Project, 2017 U.S. LEXIS 4266. Justice Thomas, joined by Justices Alito and Gorsuch, concurred in part and dissented in part in the unanimous decision of the high Court. In his dissent Justice Thomas stated that he, joined by Justices Alito and Gorsuch, would have granted a full stay of the preliminary injunctions. Justice Thomas stated in pertinent part:"The Government has satisfied the standard for issuing a stay pending certiorari. We have, of course, decided to grant certiorari. . . . And I agree with the Court’s implicit conclusion that the Government has made a strong showing that it is likely to succeed on the merits—that is, that the judgments below will be reversed. The Government has also established that failure to stay the injunctions will cause irreparable harm by interfering with its “compelling need to provide for the Nation’s security.” Finally, weighing the Government’s interest in preserving national security against the hardships caused to respondents by temporary denials of entry into the country, the balance of the equities favors the Government. I would thus grant the Government’s applications for a stay in their entirety."Clearly, the best defense against international Islamic terrorism and the first-line of defense for our Nation is found in an armed citizenry. To paraphrase a statement of NRA Executive Vice President Wayne LaPierre, the best deterrent against a “bad guy with a gun is a good guy with a gun.”  That may seem like a trite slogan, but, time and time again, it has been proved true.The natural right of self-defense should never be restricted and must never be trivialized. Unfortunately, those who hold an irrational hostility toward gun ownership and toward gun possession by the law-abiding citizenry will continue their efforts to constrain the natural right of self-defense. But, they are losing. They are left flailing about, trying to drum up support for their doomed cause: namely, destruction of our Nation’s sacred Second Amendment. The bizarre, irrational statements of antigun proponents, like those of the Manhattan DA, Cy Vance, aptly illustrate the extent of their desperation.The Arbalest Quarrel is a strong supporter of National Concealed Handgun Carry legislation. We provide a strong case for it in our continuing series: “A ROAD TRIP WITH A GUN.” You will find those articles and much more right here, on this website.________________________________________Copyright © 2017 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved

THE STATISTS SPEARHEAD ATTACK AGAINST THE PRESIDENT'S EXECUTIVE ORDER THROUGH THE COURTS

The Ninth Circuit’s Decision, Enjoining the President’s Executive Order, Temporarily Suspending Refugees from Entering Our Country Who Reside in Failed States, Was Legally Wrongheaded. Who Really Was Behind the Filing of the Lawsuit? What Is the Basis for The President's Order? And, Why Did the Ninth Circuit Block Implementation of The President's Order?

PRESIDENT TRUMP HAS HIS WORK CUT OUT FOR HIM.

President Trump has promised to get our House in order. This is no small task given years of disassembling through the insidious machinations of Bill Clinton, George Bush Senior, George Bush Junior, and Barack Obama. These lackluster U.S. Presidents of the past decades have supported doctrines of liberal democracy, globalization, multiculturalism, and debilitating military interventionism and entangling alliances—all of which have, together, devastated the financial well-being of our Nation, and have denied to hard-working, proud Americans the financial and physical security they deserve—the financial and physical security they might have had but through the implementation of destructive trade policies and through seditious collusion with foreign Countries to keep our borders open; and through seductive psychological conditioning and indoctrination, designed to produce mass confusion in the public psyche—inverting and substituting the ideal of nationalism for the flawed notion of internationalism; the ideal of protectionism for the corporatists’ dream of globalization; the ideal of individualism for the morass of mass conformity and alien inclusiveness; the ideals expressed in Judeo-Christian morality for amorphous cultural and moral relativism.Through incessant, monotonous, repetitive sloganeering and messaging by the mainstream media, Americans are urged, even cajoled, to view patriotism as jingoism, national pride as nativism and racism, and love of Country and concern for one’s Nation and one’s Countrymen, first and foremost, as selfish parochialism.These past U.S. Presidents support the precepts of utilitarian consequentialism, an ethical position anathema to the Founders of our Republic and inconsistent with the import of the Bill of Rights. These Past U.S. Presidents worked to undermine our free Republic and worked to undermine the U.S. Constitution even as they declared, disingenuously and hypocritically, to support our free Republic and our Constitution. They have forsaken the American public, implementing policies that benefit a small, exceedingly powerful and ruthless, cunning and duplicitous, secretive and sinister, extraordinarily wealthy, elite coterie of internationalist globalist benefactors, hell bent on undermining and ultimately destroying the very  concept of the Nation State—our Nation State—working vigorously behind the scenes to dissolve our Nation’s sovereignty; weakening our Nation’s laws; doing nothing to secure our borders against waves of illegal migrants and criminal gangs and refugees and Muslim terrorists; spending frivolously on wars they have no intention of winning; involving our Country in innumerable foreign escapades that have nothing to do with our national security; throwing billions of our tax dollars to foreign countries that give us nothing in return except millions of their own wretched citizens who drain our own wealth and resources; and slowly moving our Country in the direction of an EU style social, political, economic construct through implementation of secretive international trade deals that harm our small businesses, destroy our manufacturing base and leave millions of hard-working Americans destitute. Not surprisingly they, and their international benefactors, are yet working, behind the scenes, taking every opportunity to frustrate the policies of President Donald Trump, sowing dissension, creating discord, inciting violence, vilifying our President, blocking our President at every turn—doing everything in their power to prevent him from doing his job, to prevent him from succeeding on behalf of our Nation and on behalf of its citizenry.The quick, violent, and virulent assault on the President’s January 27, 2017 Executive Order is a case in point. President Trump implemented this Executive Order for the legitimate purpose of protecting this Nation and its citizenry from acts of Islamic terrorism, sweeping across Western Europe, lest the unmitigated horror descending upon the EU work its way into the U.S.The title of the President’s Executive Order is: “PROTECTING THE NATION FROM FOREIGN TERRORIST ENTRY INTO THE UNITED STATES.” What does the January 27, 2017 order say? The principal purpose of the President’s Executive Order is laid out clearly, comprehensively, cogently, and candidly in the first three paragraphs:“The visa-issuance process plays a crucial role in detecting individuals with terrorist ties and stopping them from entering the United States.  Perhaps in no instance was that more apparent than the terrorist attacks of September 11, 2001, when State Department policy prevented consular officers from properly scrutinizing the visa applications of several of the 19 foreign nationals who went on to murder nearly 3,000 Americans.  And while the visa-issuance process was reviewed and amended after the September 11 attacks to better detect would-be terrorists from receiving visas, these measures did not stop attacks by foreign nationals who were admitted to the United States.Numerous foreign-born individuals have been convicted or implicated in terrorism-related crimes since September 11, 2001, including foreign nationals who entered the United States after receiving visitor, student, or employment visas, or who entered through the United States refugee resettlement program. Deteriorating conditions in certain countries due to war, strife, disaster, and civil unrest increase the likelihood that terrorists will use any means possible to enter the United States.  The United States must be vigilant during the visa-issuance process to ensure that those approved for admission do not intend to harm Americans and that they have no ties to terrorism.In order to protect Americans, the United States must ensure that those admitted to this country do not bear hostile attitudes toward it and its founding principles.  The United States cannot, and should not, admit those who do not support the Constitution, or those who would place violent ideologies over American law.  In addition, the United States should not admit those who engage in acts of bigotry or hatred (including ‘honor’ killings, other forms of violence against women, or the persecution of those who practice religions different from their own) or those who would oppress Americans of any race, gender, or sexual orientation.” The President should be commended for issuing this Order. The danger our Nation and our People face from Islamic terrorism isn’t hypothetical. It is real. The President of the United States has a duty to secure our borders against threats to our National Security and threats to the American citizenry.The duty of a U.S. President does not extend to salving a person’s feelings where demonstrable threats exist to the security of our Nation. President Trump has demonstrated a conscientious desire to protect this Country from harm—to protect this Country against the very harm destroying the fabric of social and political order in the EU. Yet, instead of standing behind Trump, Democrats in Congress attack this Order, and they blast the President for implementing it.Internationalist globalist forces drum up public resistance to the U.S. President’s Executive Order with the avid assistance of the insistent, quarrelsome and vocal mainstream media. Where are the Republicans in all of this? Most are staying acutely silent, apparently afraid to show backbone. Instead of actively supporting the U.S. President, Republicans remain, for the most part, complacent, thereby lending support to those who would place this Nation’s security at risk—a risk that the Democratic Party candidate, Hillary Clinton, deemed perfectly acceptable. Other Republican members of Congress openly castigate the President, rather than come to his defense. As for the Democrats, they are rabble rousing, unabashedly inciting the unruly ignorant mob to agitate. The mainstream media, not content to report the news, has declared war on our President, using every opportunity to engage in confrontation with the President, castigating him, and disrespecting him, attempting to demean both him and his policies.Some elements within the federal bureaucracy—diehard fans of Barack Obama, still raging over Hillary Clinton’s defeat, are skirting with subversion and sedition because they have pointedly said they will not work with and on behalf of the United States President. That is reprehensible. Openly confronting the U.S. President cannot be condoned, much less encouraged. If Government bureaucrats disagree with the President, they should at least keep their mouths shut. They should not use their position as a soapbox to openly defy the President of the United States. If they cannot or will not work with the U.S. President, then they should resign from Government employment. That is the honorable thing to do. It is the only correct and proper thing to do if they do not wish to work with the President. Imagine an individual in the private sector openly defying his or her superior. How long do you think that person would remain at their job?

THE EXECUTIVE ORDER IS LAWFUL, CONTRARY TO THE DECISION OF THE NINTH CIRCUIT.

This Executive Order is lawful. The principal duty of the U.S. President is mentioned in the oath he takes as set forth in the Article 2, Section 1 of the U.S. Constitution: “Before he enter on the execution of his office, he shall take the following oath or affirmation: ‘I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.’”Two of the laws the U.S. President must faithfully execute, which provide the impetus and legal ground for this Executive Order involve immigration. One is 8 U.S.C. § 1182, titled, “Inadmissible Aliens.” 8 U.S.C. § 1182(f) says, in pertinent part, “Suspension of entry or imposition of restrictions by President. Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”This Statute gives the President clear authority to suspend the refugee program and to take any action he deems necessary to prevent individuals who may pose a threat to our national security from entering our Country. That action includes precluding from entering our Country those denizens, residing in Countries that are failed States and otherwise openly hostile to our Nation and its citizens. Such failed States pose a true threat to the safety and the security of our Country and its People and to our National interests. Terrorists can and will infiltrate into this Country through the waves of refugees whom they follow, if these terrorists are given the opportunity.Another Statute, 8 USCS § 301, titled, “General authorization to delegate functions; publication of delegations,” authorizes the U.S. President to delegate responsibility for implementing his Executive Order to, inter alia, appropriate officials in the Executive Branch. In this instance, the head of the Department of Homeland Security (DHS) is tasked with carrying out the Executive Order, suspending penetration of our Country by denizens of Countries adverse to our interests.8 USCS § 301, says:“The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, that nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions.” Now, the internationalist globalist elites don’t like this Executive Order because it conflicts with their goal to seed disruption in our Country as they have seeded disruption in the EU. They seek to undermine the security of the United States, slowly whittling away at our National Sovereignty, paving the way for ultimate dismantling of our Nation and its Constitution, eventually surreptitiously taking over our Country. Still, these internationalist, globalist elites have little power to harm this Nation and its citizenry now that their puppet, Hillary Clinton, lost the U.S. Presidential election and is politically dead. Where, then, does the power of these singularly powerful, immensely wealthy, abjectly ruthless, and intensely private, secretive, sinister creatures lie?These “elites” still control the mainstream media. What does the mainstream media comprise? The mainstream media comprises major newspapers, including, inter alia, the New York Times, the Washington Post, the Financial Times, the Guardian, the Wall Street Journal, the Los Angeles Times, and the Chicago Tribune. It includes major broadcast networks like ABC, CNBC, MSNBC, CBS, CNN, NPR, and PBS, and, yes, FOX network too—various gatekeepers on the right and on the left of the political spectrum. Yet, with the election of Donald Trump, this same mainstream has now fallen out of the mainstream. It has devolved into the voice of the extreme. As it has castigated the weblogs that supported Trump during the election cycle as being unruly, this same mainstream media has itself grown unruly. It has become increasingly boisterous, vituperative, obstreperous, sanctimonious.This mainstream media has lost any semblance of dignified restraint and measured tone in reporting. It disrespectfully denigrates the Office of the U.S. President at every turn because its owners, the internationalist globalist “elites” who rule the EU quietly with an iron fist behind the scenes, failed—which, for them, was an unbelievable turn of events—to seat their puppet, Hillary Clinton, in the White House. But, the American people have turned a deaf ear to the nonsense spouted by the mainstream media.What else do these internationalist, globalist “elites” have up their sleeve? They can, as we have seen, orchestrate mass marches and they can foment violence and chaos through the use of agents provocateur, buttressed by legions of ignorant Americans quick to jump of the cliff like willing lemmings as soon as they hear the appropriate buzzwords that flood the soft tissue of their mush-filled brains. These internationalist, globalist elites work hand in hand with subversive political groups like the George Soros Group, MoveOn.org, and the Groups, Code Pink, and Black Lives Matter.But, the American people have really nothing to fear from an unruly mob. For, the police, and the military, and, most importantly, an armed citizenry can contain an unruly mob. The Second Amendment still exists much to the chagrin of those that seek to do away with the Bill of Rights. And the American people need not fear the lurid nonsense spouted by the mainstream media that is growing increasingly unimportant and extraneous as the messages it conveys are clearly out of the mainstream.But the internationalist globalist elites can still manipulate the Judiciary. That is problematic. The mainstream media and an unruly mob do not constitute a Branch of Government. But, the Judiciary does. While the internationalist globalist elites won’t be able to compromise the U.S. Supreme Court once the U.S. Senate confirms Neil Gorsuch, still the third Branch of Government encompasses, today, more than the U.S. Supreme Court. The Judiciary comprises eleven U.S. Circuit Courts of Appeal and over ninety lower U.S. District Courts. The Judiciary also includes a few specialized lower federal courts and several federal administrative boards.

FORUM SHOPPING DISPOSSESSES THE U.S. PRESIDENT OF HIS ABILITY TO PROTECT THIS NATION AND THE AMERICAN CITIZENRY FROM THREATS TO NATIONAL SECURITY AS THE U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT HAMSTRINGS THE PRESIDENT.

Less than a week had passed from the date of the signing of the President’s Executive Order to protect this Nation against intrusion into our Nation by Islamic terrorists, when the State of Washington—apparently at the behest of outside influences—filed a Complaint seeking declaratory and injunctive relief. The case was filed in the U.S. District Court for the Western District of Washington.The U.S. District Court issued a TRO (Temporary Restraining Order), placing an immediate hold on execution of the Executive Order. A TRO is an extraordinary legal remedy. It is one Courts do not routinely issue. Courts do not routinely issue injunctions because Courts wish to give each side an opportunity to present facts and law in support of their position. In the absence of a full adversarial trial on the merits, injustice may occur. Therefore, a party seeking immediate relief—through preliminary injunction or TRO—must satisfy stringent tests.

POLITICAL MATTERS ARE NOT APPROPRIATE MATTERS OF JUDICIAL INQUIRY

THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT IS NOT CONTENT ON TELLING PRESIDENT TRUMP WHAT THE LAW IS; IT TELLS THE U.S. PRESIDENT HOW TO DO HIS JOB!

THE SEQUENCE OF EVENTS LEADING TO THE DECISION OF THE U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT, AFFIRMING THE DECISION OF THE U.S. DISTRICT IN PLACE.

The State of Washington, evidently taking its cue from the internationalist globalist elites who seek to undermine our free Republic, our Constitution, and our National Security, lost no time in preparing and filing a formal Complaint, seeking to preclude President Trump from implementing his travel ban. The Plaintiffs’ First Amended Complaint was filed on February 1, 2017.The Plaintiff State of Washington was joined, in the First Amended Complaint, by the Plaintiff State of Minnesota. The State of Washington, alleged, in principal part, that the President’s Executive Order is unconstitutional because it violates the Establishment Clause of the First Amendment. The State of Washington also alleged that the President’s Executive Order violates The Immigration and Nationality Act, 8 U.S.C. § 1152(a)(1)(A), because that Act, as Plaintiff alleges, prohibits discrimination in the issuance of immigrant visas on the basis of race, nationality, place of birth, or place of residence. The State of Washington further alleged that the President’s Executive Order is discriminatory, violating the Due Process and Equal Protection Clauses of the Fifth Amendment. The State of Washington also alleged the President's Executive Order violates the Administrative Procedures Act, 5 U.S.C. §§ 553 and 706(2)(D), because, as the State of Washington asserted, federal agencies must conduct formal rule making before engaging in action that impacts substantive rights. Lastly, the Plaintiff, State of Washington alleged the Executive Order violates the Tenth Amendment because, as the State of Washington asserted, “the Constitution prohibits the federal government from commandeering state legislative processes.”But, notwithstanding the bare recitation of these naked allegations, how is the State of Washington, as Plaintiff, in the suit, specifically harmed? Let’s see. The State claims:

THE STATE OF WASHINGTON ALLEGES THAT THE PRESIDENT’S EXECUTIVE ORDER HARMS THE STATE IN THE FOLLOWING WAYS:

“Washington’s interest in protecting the health, safety, and well-being of its residents, including protecting its residents from harms to their physical or economic health, is a quasi-sovereign interest.Washington also has an interest in ensuring that its residents are not excluded from the benefits that flow from participation in the federal system, including the rights and privileges provided by the U.S. Constitution and federal law. Washington’s interest in preventing and remedying injuries to the public’s health, safety, and well-being extends to all of Washington’s residents, including individuals who suffer indirect injuries and members of the general public.Immigration is an important economic driver in Washington. Many workers in Washington’s technology industry are immigrants, and many of those immigrant workers are from Muslim-majority countries. Many companies in Washington are dependent on foreign workers to operate and grow their businesses.The technology industry relies heavily on the H-1B visa program, through which highly skilled workers like software engineers are permitted to work in the United States. Washington ranks ninth in the U.S. by number of applications for high-tech visas.Microsoft, a corporation headquartered in Redmond, Washington, is the State’s top employer of H-1B visa holders and employs nearly 5,000 people through the program. Other Washington-based companies, including Amazon, Expedia, and Starbucks, employ thousands of H-1B visa holders.   Washington-based companies, including Amazon, Expedia, and Starbucks, employ thousands.The market for highly skilled workers and leaders in the technology industry is extremely competitive. Changes to U.S. immigration policy that restrict the flow of people may inhibit these companies’ ability to adequately staff their research and development efforts and recruit talent from overseas. If recruiting efforts are less successful, these companies’ abilities to develop and deliver successful products and services may be adversely affected.Microsoft’s U.S. workforce is heavily dependent on immigrants and guest workers. At least 76 employees at Microsoft are citizens of Iran, Iraq, Syria, Somalia, Sudan, Libya, or Yemen and hold U.S. temporary work visas. There may be other employees with permanent-resident status or green cards. These employees may be banned from re-entering the U.S. if they travel overseas or to the company’s offices in Vancouver, British Columbia.”The State thereupon asks, inter alia, for the Court to enjoin the Defendants, Donald Trump, President of the United States, and John Kelly, Secretary of the Department of Homeland Security, from implementing the Order. This means the State requests the U.S. District Court to issue its own Order preventing the President from exercising the President’s duty to faithfully execute the laws of the U.S., prior to an adversarial proceeding that would give the President and the Secretary of DHS an opportunity to be heard in open Court.

THE DISTRICT COURT SHOULD NEVER HAVE ISSUED A TRO, ENJOINING THE U.S. PRESIDENT FROM CARRYING OUT HIS EXECUTIVE ORDER THAT WAS DESIGNED MERELY AND ONLY TO PROTECT THIS NATION AND THE AMERICAN PUBLIC FROM REAL HARM POSED BY THOSE INDIVIDUALS ENTERING THIS COUNTRY FROM SEVERAL NAMED COUNTRIES THAT HARBOR TERRORISTS.

The U.S. District Court should have summarily denied issuance of an injunction. Why? Injunctions are extraordinary remedies.Courts generally frown on issuing injunctions because injunctions amount to ex parte action. That means a Court renders an injunction prohibiting a Party against whom the injunction is issued from engaging in a particular action. The Court that issued an injunction is operating on the say-so of one party without bothering to hear from the other party against whom the injunction is issued. That is not how our legal system is meant to function. Our system is an adversarial system of justice. This means that each Party to a lawsuit is promised an opportunity to be heard, to present evidence in his or her behalf, and to have an opportunity to challenge the veracity of the allegations made against that Party. When a Court issues an injunction on the allegations proffered by one Party before the other Party has had an opportunity to be heard, the adversarial system of justice is dispensed with, and justice is denied the Party whose rebuttal arguments are never heard. This is bad enough where individuals stand to lose much in the way of their individual rights under the law. It is absolute insanity where, as here, the entire Nation and its citizens are placed at risk due to the action of one judge, operating out of one Court who orders that his injunction be given nationwide effect.

WHAT IS THE LEGAL MECHANISM FOR ISSUING A PRELIMINARY INJUNCTION?

In the Ninth Circuit, A Court will issue an injunction—in the instant cast—the most extraordinary injunction—a Temporary Restraining Order (TRO)—when the Court is satisfied: one, that a Plaintiff is likely to suffer irreparable harm if the injunction isn’t issued immediately, and, two, the Party that seeks an injunction is likely to win on the merits, and, three, the equities tip in favor of the Party seeking an injunction, and if, four, issuance of an injunction is in the public interest. All four factors must be present. But, looking at just one factor here, namely, that Plaintiffs here, the State of Washington and the State of Minnesota, will, as the Court has determined, be irreparably harmed if the Court does not immediately prevent implementation of the U.S. President’s Order, the Complaint is devoid of anything concrete that so much as suggests the States would suffer irreparable harm if the Court does not enjoin the U.S. President and DHS from implementing the Executive Order. Yet, the District Court itself acknowledged, in Washington v. Trump, 2:17-cv-00141 (W.D. Wash. Feb. 3, 2017) that a preliminary injunction—of which the TRO is one type—is an extraordinary remedy that may only be awarded upon a clear showing that a Plaintiff is entitled to such relief, prior to a full-blown trial on the merits. But where in the Court’s Opinion ordering a TRO, in the context of the allegations of the Complaint, is there any indication that the Plaintiff would be irreparably harmed if the TRO isn’t issued?There isn’t any and that is reason enough for the Court to refrain from issuing a TRO. Then, too, there is nothing in the Court Opinion to buttress the Court’s finding that the State of Washington is likely to win the case on the merits. Moreover, the idea that the equities tip in favor of the Plaintiff is absurd on its face. How can one State possibly argue, with a straight face no less, that its claimed economic interests—not so much its own but that of a private Company, namely and especially that of the technology Company Microsoft—and that its claimed interest in protecting the Constitutional rights of individuals, who are not even citizens of the United States, and its claim of a public interest that is purportedly harmed by the U.S. President’s Executive Order, are all greater than the concern the President of the United States has for the security of the Nation and for the life and safety and well-being of the citizens of this Nation as a whole, thereby warranting, according to the U.S. District Court Judge, the awarding of an injunction, enjoining the U.S. President from carrying out his duties, under Article II of the Constitution, on behalf of this Nation and on behalf of its People?

THE U.S. PRESIDENT RESPONDS TO THE U.S. DISTRICT COURT JUDGE’S ISSUANCE OF AN INJUNCTION

On February 3, 2017, the President of the United States filed his emergency motion to the United States Court of Appeals for the Ninth Circuit, asking the Ninth Circuit to overturn the District Court’s issuance of a TRO. The President made clear that his Executive Order was a lawful exercise of his complete and absolute control over the admission of aliens into this Country. The President pointed out that the District Court had issued a sweeping injunction in the absence of any legal analysis. Essentially the District Court simply mouthed the platitudes for issuance of its TRO without explanation of how the State of Washington and Minnesota met their burden of proof, thereby begging the very question at issue: whether the Plaintiff States had provided a convincing showing of hardship in the absence of issuance of an injunction. Indeed, rationally, sensibly, one would think that the U.S. President’s Executive Order, predicated on his duty to protect the Nation against outside threats to this Nation and to its citizenry, would outweigh the States’ insistence that its personal economic interests and the economic and financial interests of a few private businesses, and the interests of non-citizens are harmed by the President’s Order and therefore must be protected. The State of Washington is essentially saying: “The United States be damned. The economic concerns of Microsoft and the concerns of non-citizen refugees count for more than the safety and well-being of the Nation and its people as a whole.” Certainly, more serious interests are at risk when a Court enjoins a U.S. President from acting on behalf of the Nation and the American People, which, after all, was the reason the President issued his Executive Order in the first place. Evidently, the Ninth Circuit didn't think so.The President also argues in his Motion that the Plaintiffs have not even presented a convincing argument that they have standing to present a case against the President and the Secretary of DHS, apart from the naked claim that the Court has subject matter jurisdiction over the case. The District Court itself proclaimed subject matter jurisdiction over the case when the Court should properly have questioned its jurisdiction because a State cannot properly bring suit to enforce purported rights on behalf of its citizens based on a State’s estimate of its citizens’ relationship with the federal government. In other words, it is for the citizens themselves to bring suit against the federal government, to vindicate rights, if they feel the federal government has violated their Constitutional rights. But, the U.S. District Court never questioned its own jurisdiction in the case. At the very least the Court could have and should have asked each of the Parties to the action to submit briefs on the standing issue. Instead the Court assumed it had subject matter jurisdiction and obligingly gave the State whatever it wanted, irrespective of the law.It must be pointed out that, in the first instance, a Federal Court must determine whether it has subject matter jurisdiction to even hear a case brought by a plaintiff before it--as required under Article III of the U.S. Constitution--before that Federal Court proceeds pell-mell to hear a case at all. In the matter before the Court, the Court assumed the State of Washington had standing and accepted at face value the allegations made in support of enjoining the United States President from carrying out his duties under Article II of the Constitution. A hearing on standing should have at least have been ordered prior to any consideration of issuance of an injunction against the U.S. President. The Court did not do this, and the President properly brought up the issue of standing in its Motion asking for emergency relief from the effect of the TRO, when it filed its Motion with the United States Court of Appeals for the Ninth Circuit. Citing United States Supreme Court precedent, the U.S. President correctly pointed out, in the Motion, citing legal precedent, that, “an order barring the Executive Branch from enforcing a Presidential Executive Order inherently imposes harm on the public, by thwarting the legal effect of the public’s chosen representative.” Yet, the U.S. District Court, in awarding Plaintiff States a TRO, opined that, the “States have met their burden of demonstrating that they face immediate and irreparable injury as a result of the signing and implementation of the Executive Order. The Executive Order adversely affects the States' residents in areas of employment, education, business, family relations, and freedom to travel. These harms extend to the States by virtue of their roles as parens patriae of the residents living within their borders.” Think about that for a moment. The Court is saying that an inconvenience to a State’s residents in the areas of employment, education, business, family relations, and freedom to travel, count for more than the life, well-being, and safety of the citizenry of the entire Nation.You would think the United States Court of Appeals for the Ninth Circuit would not only reverse the lower Court’s awarding of the TRO to Plaintiff States but would have chastised the District Court for awarding the TRO at all. Instead, the Ninth Circuit, in State of Washington vs. Trump, No. 17-35105 (9th Cir. Feb. 9, 2017), denied the Defendants' Emergency Motion for a Stay pending appeal, the effect of which was to affirm the District Court's awarding of a TRO to the Plaintiff States, Washington and Minnesota. The Ninth Circuit said, citing a U.S. Supreme Court case: “A stay is not a matter of right, even if irreparable injury might otherwise result.” Nken v. Holder, 556 U.S. 418, 433 (2009) (quoting Virginian Ry. Co. v. United States, 272 U.S. 658, 672 (1926)). “It is instead ‘an exercise of judicial discretion,’ and ‘the propriety of its issue is dependent upon the circumstances of the particular case.’” Id. (quoting Virginian, 272 U.S. at 672-73) (alterations omitted). “The party requesting a stay bears the burden of showing that the circumstances justify an exercise of that discretion.” Id. at 433-34. The Nken vs. Holder case dealt with the meaning of 8 USCS § 1252(f), titled, “Judicial Review of Orders of Removal.” The Nken vs. Holder case has nothing to do with the present case. In Nken, the Petitioner, an alien, sought to stay his removal from the U.S., pending review of the removal order, but the Respondent, Attorney General, asserted that the alien could not meet the stringent requirements for a stay under 8 USCS § 1252(f). The alien appealed the judgment of the United States Court of Appeals for the Fourth Circuit, which denied the stay and the alien then appealed the adverse ruling to U.S. Supreme Court. The high Court affirmed the decision of the Fourth Circuit, denying the alien’s motion for a stay, pending the appeal of his removal from the United States.

THE NKEN CASE IS INAPPOSITE AND THE NINTH CIRCUIT MISUNDERSTANDS AND MISAPPLIES FEDERAL STATUTE, WHEN IT REFUSES TO ISSUE A STAY OF THE U.S. DISTRICT COURT’S RULING, ENJOINING THE PRESIDENT FROM IMPLEMENTING HIS SUSPENSION OF REFUGEE, SEEKING EMIGRATION TO THE UNITED STATES FROM HOSTILE COUNTRIES.

The Ninth Circuit misapplies 8 USCS § 1252(f), titled, “Judicial Review of Orders of Removal.” The applicable section, titled, “Limit on injunctive relief,” says, “(1) In general. Regardless of the nature of the action or claim or of the identity of the party or parties bringing the action, no court (other than the Supreme Court) shall have jurisdiction or authority to enjoin or restrain the operation of the provisions of chapter 4 of title II [8 USCS §§ 1221 et seq.], as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, other than with respect to the application of such provisions to an individual alien against whom proceedings under such chapter have been initiated. (2) Particular cases. Notwithstanding any other provision of law, no court shall enjoin the removal of any alien pursuant to a final order under this section unless the alien shows by clear and convincing evidence that the entry or execution of such order is prohibited as a matter of law.” The prohibition on Courts against use of a stay here, even where hardship exists, applies to aliens who seek to prevent a Court from removing them from this Country, pending their appeal of a final removal order. In other words, aliens can’t claim hardship to prevent their removal from this Country on a final order in the absence of clear and convincing evidence that execution of the removal order is prohibited by law.In the instant case the President’s Motion for a stay of the District Court’s TRO has nothing whatsoever to do with the import of the Statute, 8 USCS § 1252(f). And the Nken case has nothing to do with the case before the Ninth Circuit, here. An alien isn’t seeking to prevent his or her removal from this Country. Rather, the President is precluding, temporarily, aliens, citizens of failed States that are known to harbor Islamic terrorists, from entering our Country. Moreover, even if 8 USCS § 1252(f) did extend to the President’s Executive Order, which it doesn’t, the District Court’s TRO is not a final order.By its nature preliminary injunctions, such as a TRO, are interim orders—they are not final orders on the merits. And this TRO deleteriously impacts the security of this Nation and the security of its citizenry. The Ninth Circuit is grasping at straws, citing law that has no bearing on the issuance of a TRO against a U.S. Presidential Executive Order, as the Ninth Circuit has, apparently, made up its mind before the fact to allow the U.S. District injunction to stand.Furthermore, constitutional rights do not apply to aliens. Aliens are, by definition, individuals who are not citizens. Due process concerns and equal protection concerns do not apply to non-citizens. No one who is not a citizen can claim legal right, under the Fifth Amendment, to enter our Country. Yet, the Ninth Circuit makes this very determination, essentially deciding the case on the merits to justify and sanctify the lower Court’s awarding of a TRO, with nationwide affect, on behalf of two States whose standing to bring suit against the U.S. President is tenuous at best.

IT IS NOT THE PRESIDENT WHO HAS INTRUDED UPON THE DOMAIN OF THE JUDICIARY IN VIOLATION OF THE DOCTRINE OF SEPARATION OF POWERS, BUT RATHER, IT IS THE JUDICIARY, HERE, THAT HAS BY ALL ACCOUNTS, IMPROPERLY INTRUDED UPON THE DOMAIN OF THE EXECUTIVE AND, IN SO DOING, HAS UNDERMINED THE SEPARATION OF POWERS DOCTRINE AND HAS MADE DIFFICULT THE PRESIDENT’S DUTY TO FAITHFULLY EXECUTE THE LAWS OF THIS NATION, AND, HAS, AS WELL, JEOPARDIZED THE SECURITY OF THIS NATION AND THE SAFETY AND WELL-BEING OF ITS CITIZENS.

In a seminal case, decided well over two hundred years ago, Marbury vs. Madison, 5 U.S. 137, 1 CRANCH 137 (1803)—a case that all first year law students of accredited law schools study in depth, the Chief Justice of the United States Supreme Court made clear the role of the Judiciary in our THREE BRANCH SYSTEM OF GOVERNMENT. The Chief Justice, John Marshall, made clear the defining role of the Judiciary. He said, “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.”  Thus, the Chief Justice made clear that while Congress shall make the laws of this Nation, and the President shall faithfully execute the laws of this Nation, it is the role of the Judiciary—and the role of the Judiciary alone—that shall determine what the law is. That specific role clearly demarcates a singular prerogative of the Judiciary if any doubt had previously existed as to the specific singular prerogative of the Judiciary.But, Marbury vs. Madison does not stand merely for the proposition that, in so asserting a specific defined role for the Judiciary upon which neither the President nor Congress may lawfully tread, there are not also areas in which the Judiciary, for its part, must not tread.  Clearly, when laying out the scope of judicial inquiry Chief Justice Marshall was also circumspect in laying out the limits of Judicial inquiry—the parameters beyond which the Judiciary must not tread. The Chief Justice stated, “Questions, in their nature political, or which are, by the constitution and laws, submitted to the executive, can never be made in this court.” Expounding further, the Chief Justice stated, “By the constitution of the United States, the President is invested with certain important political powers, in the exercise of which he is to use his own discretion, and is accountable only to his country in his political character, and to his own conscience. To aid him in the performance of these duties, he is authorized to appoint certain officers, who act by his authority and in conformity with his orders. In such cases, their acts are his acts; and whatever opinion may be entertained of the manner in which executive discretion may be used, still there exists, and can exist, no power to control that discretion. The subjects are political. They respect the nation, not individual rights, and being entrusted to the executive, the decision of the executive is conclusive. The application of this remark will be perceived by adverting to the act of congress for establishing the department of foreign affairs. This office, as his duties were prescribed by that act, is to conform precisely to the will of the President. He is the mere organ by whom that will is communicated. The acts of such an officer, as an officer, can never be examinable by the courts.”It is a curious matter today that the Press, which isn’t a Branch of Government at all, often operates as if it is one, explaining as the voice of conscience—which it has little of—and the voice of reason—which has none of—how it is that, in its opinion, the U.S. President has overstepped his bounds of legal authority. The Press can, perhaps, be excused its excesses. It has long since lost credibility. But, the Ninth Circuit, for its part, should know better. It would have done well to read Marbury vs. Madison before rendering its decision in the latest case on the U.S. President’s temporary travel ban. Had the Ninth Circuit done so, it would have realized that it had transgressed the bounds of propriety by telling the President what his duty is, rather than more ably considering what its own duty is. Had the Ninth Circuit given more thought of the limits of judicial inquiry, it would have refrained from engaging in political matters where it has no business going, having no cognition of the dangers this Country faces from the outside—to which the U.S. President is particularly able to deal with and is charged to deal with—and unmindful of the dangers to the Constitution itself creates, on the inside, having failed to heed to its rightful purpose—namely, interpreting the laws of this Nation, and not telling the President what his job is and how he is expected to do that job and what he is expected to refrain from doing.The issuance of a TRO by the U.S. District Court of the Western District of Washington, in the absence of any demonstrative legal basis to do so, is an example of a Court improperly intruding on the legitimate authority of the Executive to faithfully execute the laws of the Land. The Ninth Circuit would have done well to remind the U.S. District Court not to intrude on Presidential prerogative. Instead, the Ninth Circuit makes matters worse by affirming the lower Court’s decision. The decision isn’t just wrongheaded from a legal standpoint, having misinterpreted the law. It is wrongheaded in another sense entirely. For the Ninth Circuit has taken a political matter—one wholly outside the purview of the Courts—and has turned it into a legal one, thereby improperly intruding on a domain completely outside Judicial review and outside Judicial prerogative. The President is right.The President’s Executive Order, faithfully executing the laws of Congress is unreviewable. The Ninth Circuit, in defiance, of the clear separation of powers, decided to review the Executive Order anyway. Moreover, the Ninth Circuit takes into account matters wholly outside the allegations of the Complaint, relying, in great part, on biased newspaper accounts and editorials to support the District Court’s issuance of a TRO. The Ninth Circuit also improperly considers remarks the President made in his campaign—essentially nothing more than rhetoric. But, the Ninth Circuit then uses those remarks against the President, arguing that the Executive Order follows from religious bias toward Muslims. That is patently ridiculous.The purport of the President’s Executive Order, on its face, is designed to protect this Country and its citizenry from the very problem facing the EU as a result of having taken in waves of refugees from the Middle East—many of whom have engaged in acts of terrorism across Europe. The President has taken a proactive stance, rather than a reactive stance, to protect American citizens from physical harm. The Ninth Circuit gives that matter no thought.The mainstream media, for its part, shows its abject ignorance of our laws and jurisprudence, and ignorance of the separation of powers doctrine by asserting bombastically that President Trump’s Executive Order is unconstitutional and that the President, rather than the Judiciary, has ignominiously encroached on the powers of the Judiciary by referring to the U.S. District Judge for the Western District of Washington as a “so-called Judge.” The admonition on the part of the President hardly constitutes encroachment on the Separation of Powers. Improper issuance of a TRO, made all the worse through affirmance of the District Court’s Order by the United States Court of Appeals for the Ninth Circuit, however, does.Hopefully, Judge Gorsuch will soon be confirmed by the U.S. Senate, and the U.S. Supreme Court will put matters right. For this Country teeters on the brink of anarchy wrought by those who would insinuate odd notions of morality into the framework of our Constitution and thrust into the public’s psyche alien ideas, devoid of reasoned, sensible reflection.Copyright © 2017 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.  

ON THE SUBJECT OF A NATION’S CONSTITUTION

It may seem of more interest to legal scholars than to those with a decidedly less academic bent to give serious consideration to the import of and, indeed, necessity for a Nation’s written Constitution, but no citizen of any Country should pass off an understanding of that citizen’s system of laws, considering it too complex a subject to devote substantial time to study. Still, in this day and age where the very concept of the ‘nation state’ has, for powerful and ruthless international socialists and socialist technocrats, outlived its usefulness and is seen as an anachronism that should be dispensed with, along with a nation state’s constitution, it is incumbent upon the citizen of a nation state to take a closer look at his or her nation’s constitution -- assuming a nation state has one at all -- to better understand what rights and liberties are also being dispensed with.In our own Country, where the expression, ‘isolationism,’ is today treated unkindly by the mainstream media, where the expression ‘Made in America’ has become archaic, and where our Country’s Bill of Rights is considered old and dusty, it behooves Americans now, more than ever, to take a very close look at the Constitution that the founders of our Republic created, and which our citizen soldiers have fought and died for in the years since, to preserve.There is pressure exerted by internationalists in our own Nation State who feel that our Constitution needs to be revised so that it “fits with” the reality of “globalization” and with “neoliberal economic principles” and with international jurisprudence – matters and notions truly antithetical to the continued existence of our Nation State as an independent and free Republic.As our Nation and other Western Nations are increasingly under attack by savages from the Middle East and from international socialists in the West who use the unrest in the Middle East to further their own agenda, citizens of all Western Nations -- and most importantly citizens of our own Nation -- ought to “think through” what they are being asked to trade: personal rights and liberties for seeming internal security.Americans, in particular, might reflect on the fact that our Fourth Amendment right to privacy is being slowly and systematically eradicated as surveillance becomes ubiquitous. Our First Amendment Right of Free Speech is being challenged by the agents of censorship who seek to ram “political correctness” down our throats. And, what of the Second Amendment. The right to keep and bear arms, unlike the notions of free speech and privacy, cannot be so easily molded and reconfigured like pottery clay by international socialists and their technocrats -- to be rendered “harmless.” The very physicality of firearms strengthens the reality of them so that their loss would be immediately felt by the American citizenry -- in a way and in a manner that the loss of the right to free speech and the loss of privacy may not be immediately felt.Now much is said, by those who wish to disarm the American public, of the harm that guns may cause to innocents, but virtually nothing is said of the necessity for an armed citizenry as the Founders of our Republic envisioned. Worse, for those of us who value the continued existence of our rights and liberties – much worse than any harm caused by guns in the hands of psychopathic, violent criminals and psychotic lunatics, that are but a tiny segment of the population, to be sure – is the lack of guns in the hands of an armed citizenry if it should ever have to deal with a federal government run amok. The Founders knew this and for that reason the inalienable right of the people to keep and bear arms was indelibly incorporated into our Constitution.Now our armed citizenry is sometimes compared to the armed citizenry of Switzerland and the armed citizenry of Israel. Those two Countries, Israel and Switzerland, do not suffer incessant attacks by gun grabbers. But, before we wax poetic over the virtue of Switzerland’s lenient attitude toward gun ownership, where able-bodied citizens are, in fact, required to keep firearms in their household, or, where, in Israel, its citizens are generally able to obtain licenses to possess firearms, relatively easily, including automatic weapons in some cases, one should understand that there is nothing in the Swiss Constitution that informs the Swiss citizen that he has a fundamental right to keep and bear arms. And Israel doesn’t even have a written Constitution.Even though Switzerland demands that its citizens be armed for defense of Country, Swiss law can change that requirement, literally overnight. So, the present maintenance of an armed Swiss citizenry must, then, be statutory, that is to say, not part of Switzerland’s Constitution. And, in Israel, a citizen must indicate a need for a firearm before a firearm is issued to that person – even if the application process is a simple and relatively painless. Moreover, Switzerland changes its Constitution quite regularly. The latest Constitution was adopted in 2000. And, Israel, for its part, has not, since its inception as a Nation State, in 1948, drafted a Constitution; nor has Israel indicated, to this day, any serious desire to do so.Keep in mind, too, that the population of Switzerland is or, at least, had been, at one time, essentially Germanic, homogenous, and the people are tied closely to their Country’s Government. In Israel, too, the population is essentially homogenous, since the majority of its citizens are Jews. So, a codification of a right to keep and bear arms may, perhaps, be deemed unnecessary and superfluous by the citizens of those Countries. But, in the absence of Constitutional language, enshrining a right to keep and bear arms, the idea that a codification of a right to keep arms is unnecessary would be given serious consideration if Swiss law and Israeli law were to change. Suppose the Swiss Government reversed its position on gun ownership by Swiss citizens – no longer allowing -- indeed no longer ordering -- its citizens to be armed, but, instead, requiring its citizens to surrender their firearms to Government authorities. And, suppose the Israeli government imposed stringent restrictions on gun ownership by Israeli citizens, making the process of obtaining a gun license extremely onerous. Neither Swiss citizens, nor Israeli citizens would appreciate that turn of events, but in the absence of a Constitutional guarantee, the citizens of those two Countries would have no legal recourse. Still the possibility that Swiss or Israeli attitudes toward gun possession and ownership would change in the foreseeable future is remote. Now imagine the likelihood of the average law-abiding American citizen continuing to own and possess firearms were the U.S. to adopt the Swiss Constitution and Swiss procedures for easily rewriting its Constitution. Or imagine the likelihood of the average law-abiding American citizen owing and possessing firearms were the U.S. to adopt the governmental framework of Israel which has no written Constitution.Now, the population in the U.S. – with millions of illegal immigrants, currently residing in the U.S., tens of thousands of whom are known criminals and probably drug cartel gang members – is hardly homogenous, unlike the populations in Switzerland and Israel. Nonetheless, American citizens emanating from many Countries – certainly the vast majority who came to this Country through legal channels – inevitably develop a love for this Country. They learn our Country’s history, study its laws, learn its language – English – even as they maintain, and rightfully so, their own unique history, and as they celebrate the traditions of their native Countries, in their homes. But, we are all Americans. And, what secures the rights and liberties of all Americans is our written Constitution – a remarkable Constitution that has stood the test of time. Most remarkably, our Constitution enshrines the importance of the individual over that of a central government. This was no accident. It was as the framers of our Constitution intended.The framers of our Constitution were, rightfully so, always suspicious of a strong central government and that fear is well borne out today as the U.S. Government has been taken over by plutocrats, whose desires and goals for the United States are not co-extensive with those of the People. Hence, the U.S. is the only Country on the face of the Earth that has codified the fundamental right of the People to keep and bear arms – a right preexistent in the People – not a privilege extended to the People by grace of the State as is the case in those Countries – those very few Countries that deign to permit, authorize and, in Switzerland, even require its citizens to keep and bear arms.Still, as weight of World Opinion is decidedly against an armed citizenry – especially an armed citizenry that exists by right, not by license – we, Americans, must be extremely and forever extra vigilant. The Second Amendment has become the bete noire not only of misguided, frightened sheep at home, but of powerful, ruthless, and cunning oligarchic international socialist groups abroad, such as those who designed and implemented the EU. And, they are hell-bent on world domination. Their principal goal extends to destruction of the very notion of the “Nation State.” These groups likely intend to reduce the American citizenry to abject penury – in mind and spirit, as well as in the American citizenry’s pocketbook.The existence of our Second Amendment is inconsistent with the objective of these groups. Through their agents in the U.S. Government, they can ignore out-of-hand, and by able sleight-of-hand, the precepts of the Fourth Amendment. And they can with a little more effort, shackle our Right of Free Speech as embodied in the First Amendment. But they cannot effectively dismantle or disregard the Second Amendment until or unless they can physically remove firearms from the hands of the U.S. citizens. That is an arduous task, as well the Founders of our Nation intended it to be.It is not, then, just a singular currency and a singular language that unites the American citizenry. It is the “Bill of Rights” as secured essentially by the “Second Amendment.” A strong central U.S. Government remains in check less by the three Branches of Government – for, as we have seen, these three Branches have been essentially subsumed into one – and more by the Second Amendment to the U.S. Constitution.And, the Second Amendment is the one clear, undeniable chink in the plan of these international socialist oligarchs for a one world government – a government ruled by them and by them alone. These international socialists know that they cannot adequately, effectively control Americans until they are able to control their access to physical firearms.In 1933 President Roosevelt – via executive order, ostensibly based on national emergency – demanded that every American turn in that American’s gold bullion and coins. And many Americans did so. Thus, the Government itself hoards most of the gold. How many Americans do you suppose would voluntarily turn in their firearms today if, by executive order, a President, at the behest of the puppet-masters – claiming national exigency or emergency – asked, or urged, or ordered every American to do so – that the Government itself may, alone, hoard weapons? Very few, would be our guess. Americans know that such executive order would be patently illegal. National exigency or emergency -- whether purported or real -- does not warrant -- can never legally warrant the trampling of the Second Amendment to the U.S. Constitution, so long as the Second Amendment exist. Americans certainly know this. Such an executive order would require not a surrender of arms but, rather, a call to arms![separator type="medium" style="normal" align="left"margin-bottom="25" margin_top="5"] Copyright © 2015 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.