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UNDER THE PRETEXT OF KEEPING THE RESIDENTS OF HER STATE SAFE, NEW YORK GOVERNOR KATHY HOCHUL DEFIES U.S. SUPREME COURT BRUEN RULINGS
MULTIPART SERIES ON POST-BRUEN CASE ANALYSIS
POST-BRUEN—WHAT IT ALL MEANS AND WHAT ITS IMPACT IS BOTH FOR THOSE WHO SUPPORT AND CHERISH THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS AND THOSE WHO DO NOT; THOSE WHO SEEK TO UNDERMINE AND EVENTUALLY DESTROY THE EXERCISE OF THE RIGHT AND THOSE WHO SEEK TO PRESERVE AND STRENGTHEN THE RIGHT BOTH FOR THEMSELVES AND THEIR DESCENDANTS
PART TWENTY-FIVE
THE TYRANT EVER DISTRUSTS THE ARMED CITIZEN
New York Governor Kathy Hochul and the Democrat Party-controlled Legislature in Albany designed amendments to the State Handgun Law to avoid compliance with the U.S. Supreme Court’s rulings in Bruen and thus avoid the categorical dictates of the Second Amendment of the Bill of Rights. There is no question about this, no tenable away around this. To believe otherwise is a delusion.Hochul makes the case herself. There are numerous accounts detailing this: Press accounts and Press Releases abound. Consider one example: In August 2023, Hochul said this, as presented on the Governor's website:“‘In response to the Supreme Court's decision to strike down New York's century-old concealed carry law, we took swift and thoughtful action to keep New Yorkers safe,’ . . . . ‘I refuse to surrender my right as Governor to protect New Yorkers from gun violence or any other form of harm. In New York State, we will continue leading the way forward and implementing common sense gun safety legislation.’”In other words, Governor Kathy Hochul, in her role as Tyrant Nanny of New York, keeping her wayward children, residents of New York, and citizens of the United States, safe and sound from all those dangerous, nasty firearms, will ignore the fundamental, unalienable right of the people to keep and bear arms, etched in stone in the Second Amendment of the Nation’s Bill of Rights, and will defy the Article III authority of the U.S. Supreme Court.Hochul had unconscionably harsh words for the High Court, calling the Bruen decision “reckless and reprehensible.” See the article in NCPR.One thing motivates Governor Hochul’s actions and others like her who have, through the passing years, decades, and centuries, enacted laws to cut the Bill of Rights to ribbons:INCOMPARABLE LUST FOR POWER, INORDINATE WEALTH, AND SELF-AGGRANDIZEMENT—ALL AT THE EXPENSE OF THE COMMON MAN. IT HAS ALWAYS BEEN SO.The history of civilization illustrates an unfathomable and unquenchable desire of sociopathic/psychopathic individuals to wield control over their respective tribe, nation, or empire, or other political, social, economic, and juridical structure.These ill-begotten men desire to thrust their will, their reality, onto everyone else.The Articles of the Constitution and the Bill of Rights of this Nation—of this Nation alone—were drafted with the aim to at least forestall, if not, prevent the perpetuation of this theme from happening here: the urge to dominate and rule.Of course, the presence of power-hungry misfits in the world is nothing new.Some who have succeeded in wielding control over the life, well-being, and happiness of the populace create the illusion they exercise power by virtue of Divine Right. Through time that odd idea becomes embedded in the public psyche. The public comes to accept this and accepts, too, that the rule over others by Divine Right is in the natural order of things, that it has always been thus.Rule by Divine Right—the wielding of near absolute power over others—is sometimes disguised.In our Nation, a free Constitutional Republic, the sociopaths, and psychopaths who lust for power, wealth, for personal aggrandizement and who have the wherewithal, knack, and tenacity to bend the mechanisms of power to their will, to their liking, must resort to deceptive messaging to woo the public, to lull them into dull complacency to accept the messaging conveyed to them by the deceivers and fabricators to mislead them into thinking that curtailment of their God-Given Rights is for their own good. But the truth is other than what is conveyed to the public.The Nation’s Bill of Rights is a check on the power of Tyrants. These Rights, especially the first two Rights are the final fail-safe to keep would-be Tyrants in check.The First Amendment codifies, inter alia, the right of Free Speech, i.e., the Right to Dissent; the Right to Personal Autonomy; the Right of the Individual TO BE and to Remain Individual, against public pressure, at the behest of the Tyrant to compel compliance to his edicts. Those edicts demand uniformity of thought, of conduct, of action. The idea is to force submission of one’s will to the will of the State, the Greater Society, the “Hive,” the Tyrant.The Right of the people to keep and bear arms is the vehicle through which the Individual prevents the Tyrant from forcing submission. This was meant to be so. Americans, millions of individuals, discrete souls, retain sovereignty over the Tyrant by force of arms and thus prevent usurpation of their will to that of the Tyrant.The Tyrant knows this. Many in our Country do not. They are denied THE TRUTH. Each American should know the TRUTH:The preservation of the right of the people to keep and bear arms, a right to be exercised by the common man, serves as a counterweight to the usurpation of the sovereign power of the people over the power of the Tyrant. The Tyrant seeks to restrict and constrict this right as the Tyrant cannot continue to wield power and cannot accrue more power at the expense of the people so long as they are armed. Thus——The common man cannot be controlled, corralled, nor subjugated so long as he bears arms. That he does so constitutes a threat to the Tyrant. The Tyrant knows this even if the polity does not, and the Tyrant utilizes the organs of a corrupt Press to prevent the people from recognizing the slow disintegration of their basic, core Rights, bestowed on them by the Divine Creator, and not by Government.Corruption of Government proceeds from corruption existent in the Tyrant himself. Corruption of Government and concomitant corruption of every facet of society and of our institutions are recognized in decay, in the destabilization of society, and in the demoralization and degradation of the common man who resides within it. The physical manifestation of destruction is mirrored in the corrupt soul of the Tyrant. On a macro level, one sees this in the immolation of a once great Nation, and of its institutions, culture, ethos, and people.On the micro level one sees this corruption in the immolation of major cities and in the degradation of the lives of the people who reside in them, run by a host of petty tyrants.The salient purpose of armed Self-Defense is to prevent the onset of Tyranny of Government. If you, the reader, don’t see this, take a look at the Second Treatise of Government by the English Philosopher, John Locke. Our Constitution is constructed from the well-reasoned political philosophical remarks of John Locke.Do you need further proof: Take a look, once again, at the U.S. Supreme Court cases District of Columbia vs. Heller and McDonald vs. City of Chicago.The Tyrant knows that the exercise of the right to armed self-defense must be constrained else he cannot wield and maintain power and control over the commonalty, but he doesn’t say this. The Tyrant makes a different argument, directed to denizens of a free Republic.The argument against the exercise of the right to armed self-defense in this Country is that the Second Amendment is archaic and that the proliferation of guns in this Country causes “Gun Violence.”More recently, consistent with absurd political dogma, the Tyrant claims that the roots of the Second Amendment are racist. And a seditious Press echoes those sentiments.But then, ask yourself: Where is this disorder, this violence manifested? Is it in the actions of tens of millions of average, rational, responsible, American citizens—the commonalty that happens to possess firearms?When was the last time you heard that the common rational, responsible gun owner committed a crime through the use of a firearm or through the use of any other implement? When was the last you heard of an average gun owner who went on a shooting spree? How many of those occur in our Country anyway? How might they be prevented? Has not an armed citizen, in the midst of a “mass shooting, often prevented many deaths because he was able to stop the killer? If more people were armed, would they not be able to secure their life and that of others?Where does this so-called “Gun Violence” emanate and predominate?Is not the escalation of “Criminal Violence” in the Country and especially in the major urban areas, the deliberate result of Government policy that allows the criminal element and the occasional lunatic to run amok?Why should curtailment of the basic natural law right to armed self-defense proceed from Government’s failure, oft deliberate, TO CONSTRAIN THE LOWEST COMMON DENOMINATOR of society: the foul, drug-addled lunatic; the monstrous, murderous gang member; and the opportunistic criminal—all of whom are devoid of empathy for the innocent person.Why should curtailment of a basic natural law right to armed self-defense proceed from instituting strict control over the natural law right of THE HIGHEST COMMON DENOMINATOR: tens of millions of average Americans?And, if those tens of millions of average Americans were to surrender their firearms to the Tyrant, how might that prevent the criminal and lunatic from engaging in less mayhem? Might not that encourage more illicit behavior and leave the common man absolutely defenseless, dependent completely on the goodwill of the Tyrant to dispel threat?But isn’t that really the point of disarming the citizenry: to leave the common man, the sole sovereign over Government, defenseless, powerless against the Tyrant, lest the common man rises up against the usurper?The New York Handgun Law and related laws as codified in the Consolidated Laws of New York, illustrate the Tyrant’s irrationality, arrogance, and lust for power over the citizens of the Country, residents of New York. But in the Gun Law and in other laws peppered throughout the breadth and depth of the Laws of New York, one sees, if one but reflects on those laws, a raw fear exposed. The Tyrant fears the common man.New York’s Handgun Law, the Sullivan Act, was enacted in 1911. It was predicated on fear of the common man—at the time, those were construed as new Italian immigrants to New York.The Sullivan Act was grounded on a lie at the outset: based on the idea that Italians were by nature, criminals, and their conduct in public had to be forcibly restrained lest they commit untold crimes throughout the State. This meant keeping firearms out of the hands of Italians. The form of the argument may have seemed valid to many. The premises were false, laughably so.The idea of converting a fundamental, unalienable right into a privilege is mystifying and disconcerting.Did the New York Government issue handgun licenses to Italians, recent naturalized citizens, residing in New York? One must wonder. If the idea behind the Sullivan Act, seemingly content neutral on its face, was to keep Italians from exercising their right, as citizens, to keep and bear arms, the law makes perfect sense.Yet the Sullivan Act came to be, and it survived, and thrived.The Sullivan Act requires all individuals who seek to carry a handgun in public to first obtain a handgun license from the Government to lawfully exercise their natural law right to armed self-defense.So then, the New York Government insists on inserting itself between the natural law right to armed self-defense, as codified in the Second Amendment, and one's exercise of that right, free of Government interference.The Handgun Law expanded exponentially to include further restraints, to encompass many more groups of people—the common man en masse—and to make the acquisition of a handgun carry license more expensive, time-consuming, and frustrating. That was the point.Many New Yorkers conceded defeat. They threw in the towel. They gave up the effort to obtain a license. The Handgun Law worked THAT well.Through time, the Handgun Licensing Statute became more elaborate. It developed into a cumbersome Handgun Licensing Regime. The challenges were many. But none succeeded in toppling the unconstitutional construct. And, then came the Heller case.The U.S. Supreme Court had for years stood idly by while State Government Tyrants and the Tyrant Federal Government road roughshod over the absolute right of the people to armed self-defense.In the 21st Century, some Justices on the High Court had had enough. It was clear that Two Branches of the Federal Government, the Executive and the Legislative, and many State Governments, including the District of Columbia, were not going to adhere to the strictures of the Bill of Rights, especially the dictates of the Second Amendment to the Constitution.Associate Justices Scalia, Thomas, and Alito set matters aright.With the indomitability of Associate Justice Antonin Scalia, and assisted by two able Associate Justices, Clarence Thomas, and Samuel Alito, and, having convinced or perhaps cajoled the Chief Justice, John Roberts, and Associate Justice Anthony Kennedy to climb on board, the Court agree to review a case where the District of Columbia had enacted a law banning, outright, civilian citizen possession of handguns for self-defense, in the District.Since the District of Columbia law was predicated on the notion that the right to keep and bear arms was a collective right, not adhering to the individual, an erroneous notion, the Court Majority held clearly, concisely, and categorically that the right of the people to keep and bear arms is an individual right—one unconnected with association with a militia. And, having enunciated the clear, plain meaning of the natural law right codified in the Second Amendment, the High Court struck down the D.C. law.The anti-Second Amendment States were appalled and argued that Heller applied only to the Federal Government. That led to another challenge, this time from Plaintiff gun owners in Illinois, who argued that the right of the people to keep and bear arms applies with equal force to the States. The U.S. Supreme Court agreed. Justice Samuel Alito, who authored the Majority Opinion said, the right of the people to keep and bear arms applies with equal efficacy to the States through the application of the Fourteenth Amendment.Further challenges to States that refused to adhere to the rulings of Heller and McDonald went unreviewed by the Court, until a good ten years after McDonald.The High Court agreed to hear r a challenge to New York’s Handgun Law in New York State Rifle & Pistol Association, et.al. vs. The City Of New York, 140 U.S. S. Ct. 1525 (2020)—the first major assault on the Sullivan Act to be heard by the High Court. In that case, Petitioner holders of valid restrictive handgun premise licenses sought to be able to transport their handguns to target ranges outside the City. The Rules of the City of New York forbade that.the narrow issue in the City of New York case dealt with the Second Amendment rights of holders of highly restrictive New York premise licenses. Yet, the case implicated broad Second Amendment questions impacting Heller and McDonald.Hochul’s predecessor, Andrew Cuomo, feared a decision on the merits of that case would open up a serious challenge to the core and mainstay of the State’s Sullivan Act, pertaining to the carrying of handguns in public.He could not, must not, allow a decision on the merits that would render the Sullivan Act vulnerable to further challenges that might eventually lead to the decimation of Handgun Licensing in New York.The Cuomo Administration weathered the storm by amending the State’s Gun Law. Those amendments required the City of New York to amend its own Gun Rules, pertaining to the transportation of handguns outside the home, by holders of New York City handgun premise licenses.The amendments satisfied Chief Justice John Roberts and Associate Justice Brett Kavanaugh. Those two votes, together with the votes of the liberal wing of the Court, sufficed to avoid the substantive merits of the case from review.With changes made to both the State Handgun Law and to New York City’s Handgun Licensing Regulations, the High Court dismissed the case, ruling the Plaintiffs’ claims moot.Associate Justice Alito thought otherwise. In his dissent, he argued there was no legal justification for a finding of mootness. Justice Alito laid out his arguments comprehensively and convincingly.Justice Kavanaugh without addressing the mootness matter, mentioned, in a separate Concurring Opinion,“I share Justice Alito’s concern that some federal and state courts may not be properly applying Heller and McDonald. The Court should address that issue soon, perhaps in one of the several Second Amendment cases with petitions for certiorari now pending before the Court.”Kavanaugh’s point came to fruition with Bruen, two years later, and in a major way, vexatious to the liberal wing of the Court, and likely so to the Chief Justice as well, and, no less so, the gravest fear of Governor Cuomo.But the conservative wing—now with Justice Amy Coney Barrett on the Bench—would no longer be constrained by foes of the Second Amendment who would erase the exercise of the right altogether if they had their way. Vindication of the Heller and McDonald rulings was at hand.The Hochul Government and Kathy Hochul, especially, weren’t pleased.If the City of New York case gave her predecessor, Governor Andrew Cuomo, a trifling headache, the Bruen case gave Hochul and Albany a full-on migraine.Bruen involved a challenge to the core of the State’s Handgun Law: the Constitutionality of predicating issuance of concealed handgun carry licenses on demonstration of “Proper Cause”/“Extraordinary Need.”Bruen struck down “Proper Cause.” And that required Hochul and the State Legislature in Albany to strike the phrase from the Handgun Law. There was no way around that.But Hochul and Albany had no intention of complying with a ruling that would tear the guts out of a handgun Law that existed for well over a century and that, through time, grew increasingly elaborate and more oppressive.So Governor Hochul and Albany brushed the rulings aside, concocting the Concealed Carry Improvement Act (CCIA) of 2022 that gives lip service to Bruen and is, at once, consistent with the State’s end goal to transform the State, eventually, into one massive “Gun Free Zone.” Likely Hochul and Albany were working on the CCIA once the oral argument had concluded on November 3, 2021, having anticipated the High Court intended to shred the core of the Sullivan Act.The Hochul Government was prepared. The High Court issued its decision on June 23, 2022. Ten days later the State Senate enacted the “CONCEALED HANDGUN CARRY IMPROVEMENT ACT” (CCIA). Hochul signed it into law on the same day, July 3, 2022.That word, ‘Improvement,’ as it appears in the title of the Act is incongruous, even incoherent. For what is it the Act improves? Certainly not the right of the American citizen, residing and/or working in New York, and the Act did not comply with the Bruen rulings.The CCIA was a cleverly, cunningly drawn evasion tactic that strengthened the Handgun Law, consistent with an age-old plan.This plan, this agenda, involved the methodical, evisceration of gun rights—a plan going back over a century ago. The Hochul Government did not design the CCIA to comply with the rulings, except on a superficial level. The Court did not like the words, “PROPER CAUSE,” so the Government would strike those words from the Sullivan Act.Since the Hochul Government still had to contend with the salient ruling that the right of the people to keep and bear arms for self-defense is not confined to one’s home but extends to the public arena, the State would slither around the ruling. That was the intent of the Hochul Government, and the CCIA well reflected that intention. They did that through the creation of a new construct: “SENSITIVE PLACE” restrictions, and through a bold reconfiguration of an old one, “GOOD MORAL CHARACTER.”Through the CCIA Hochul and her cohorts in Albany laid bare their objective: Erosion of the civilian citizen’s right to armed self-defense outside the home, notwithstanding the import of the Bruen decision: recognition of the right to armed self-defense outside the home, no less than inside it.The CCIA was to take effect on September 1, 2022. The Act's challengers wouldn’t wait for that to happen.The ink had not yet dried on the CCIA document Kathy Hochul signed when the Plaintiffs came forward to challenge the amendments to the Gun Law. There would be others—most of them in New York, but several across the Country as well, challenging similar Gun Laws, the language of which is contrary to the Bruen rulings.Several New York cases, including the main one, i.e., Antonyuk vs. Nigrelli, presently sit on review at the U.S. Court of Appeals for the Second Circuit.Fully briefed, the Court conducted oral hearings for each of them, on March 20, 2023. Expect final orders during the summer months.
“SENSITIVE PLACE” AND “GOOD MORAL CHARACTER”
As we stated supra, two provisions of the CCIA stand out as they serve as the basis of the State’s defiance of the Second Amendment and the Bruen rulings: “SENSITIVE PLACE” and “GOOD MORAL CHARACTER.”The “Sensitive Place” provision is new. There is no correlation with it in the prior version of the Law or in any previous version, hearkening back to the commencement of handgun licensing in 1911 with the enactment of the Sullivan Act. Much has been said about the “Sensitive Place” provision and challenges to the CCIA invariably point to it.The “Good Moral Character” requirement, on the other hand, is not new.Little is said about it in the prior version of the Handgun Law. And, apart from mentioning it in Bruen, the High Court had nothing to say about it.As applied to applications for restrictive handgun premise licenses—and a multi-tiered Handgun structure remains in the New York Gun Law—there is no change from the prior Law.However, as applied to applications for concealed handgun carry licenses, the State Legislature added substantial and significant provisions—a massive transformation from what had existed before.A major distinction between the two provisions, “Sensitive Place” and “Good Moral Character,” needs to be mentioned and discussed before we proceed to a comprehensive analysis of the latter provision.
THE NUANCES OF “SENSITIVE PLACE” RESTRICTIONS
“Sensitive Place” restrictions affect holders of State concealed handgun carry licenses only, not those holders of highly restrictive premise handgun licenses —a point seemingly trivial. It isn’t.A holder of a premise license cannot lawfully utilize a handgun for self-defense outside the home or place of business, notwithstanding instances of dire threats to life presenting themselves outside the home or one’s place of business.The lawful use of a handgun for self-defense begins and ends within the confines of the walls of the structure.As if to emphasize the point, the holder of a home or business license, who wishes to transport his handgun outside the home, lawfully, must keep the handgun in a handgun case, not in a holster on his person. Ammunition must be kept in the case as well and separate from the handgun itself.This means that, if the holder of a restricted premise license were confronted by a deadly threat while out in public, the handgun won’t be readily accessible. And that is the point. And that is concerning for two reasons.First, a handgun case is easily identifiable as such.If the licensee is in a subway, say, on the way to a New York City target range, a determined and highly aggressive thief can strongarm the case away from the owner.In that event, the owner must immediately notify the NYPD of the fact of the theft, and he will likely be required to surrender his premise handgun license during the investigation. If the police fail to recover the handgun, the owner will likely be denied issuance of a replacement license, which is a condition precedent to lawful receipt of a new handgun. And to add insult to injury, the owner will likely be blamed for the theft having occurred. The police report will indicate that the owner had lost possession of the case, suggesting that, if the owner had been deficient in protecting the property, and, perhaps, should haven’t taken the handgun outside the home or place of business in the first instance.Second, if the licensee were threatened with violence to self and were able to access the handgun and successfully avert a tragedy to self by incapacitating the aggressor by shooting him, the licensee would lose his license. There is no question about that.Worse, the licensee would be prosecuted for misuse of the handgun.Worst of all, the aggressor would likely be charged with criminal assault and wrongful possession of a handgun, for the premise license doesn’t lawfully allow the licensee to wield a handgun in public. As if to emphasize this point, Governor Hochul made patently clear that Bruen doesn’t authorize a person to carry a handgun in public for self-defense. In other words, New York remains a Handgun Licensing State Par Excellence among Anti-Second Amendment fanatics.Further, if the aggressor died of his wounds, the licensee would be indicted for manslaughter or murder. That outcome isn’t merely likely. It is certain and inevitable.Under New York Law self-defense may be a perfect defense to a charge of manslaughter or murder if one didn’t initiate the aggressive act, but “armed” self-defense isn’t if the person appealing to it happens to use a handgun in the absence of a valid State issued concealed handgun carry license.This is true even if the perpetrator himself is armed and threatens to kill the innocent person.The idea that an innocent person cannot defend him or herself but for use of a handgun and would suffer indictment for unlawful homicide notwithstanding, is ludicrous. But that is the nature of New York law.Isn’t that the tacit point of a fundamental right of the people to keep and bear arms? And isn’t that the central point of the Bruen rulings?Raw abhorrence of firearms precludes rational debate over the right to armed self-defense in the face of imminent violent assault against self.In fact, even if the licensee does hold a valid concealed handgun carry license, that may not protect him from a charge of manslaughter or murder. The best that can be said about this is that at least the licensee is alive when he would otherwise be dead. But the ramifications of armed self-defense reflect the sad truth about living and working in New York.The Hochul Government’s aversion toward firearms and civilian citizen gun ownership is so strong that the New York Government begrudges the issuance of handgun licenses at all.And it gets worse. Of late, even where a handgun isn’t employed in self-defense, any use of self-defense that results in harm or death to an assailant may still result in a felony indictment. Recall the recent incident involving a retired Marine whom Manhattan DA, Alvin Bragg, brought a charge of manslaughter against. See, e.g., the article in Reuters. Even as violent crime escalates around the Country, especially in the major cities run by Democrat-Party administrations, the right to self-defense, armed or not, is under assault.The irony of an increasingly dangerous society, a wary, tentative police force post-Floyd George, and the incessant Government attack on Americans who would logically wish to carry a handgun for self-defense—since it is the most effective means available to defend one’s life—is both a disheartening and disorienting fact of life for those living or working in New York and in similar jurisdictions across the Country. That is what they must contend with.As if reading the minds of New Yorkers, the Hochul Government issued a reminder (actually a warning) to all New York residents, on June 24, 2022, one day after the Bruen decision came out, that New Yorkers should take care not to carry a handgun in public without a valid concealed handgun carry license, that Bruen hasn’t changed anything.“Governor Kathy Hochul today issued a reminder to gun owners that the U.S. Supreme Court's Thursday decision to strike down New York's concealed carry law does not mean New York State's licensure processes and rules do not need to be followed. It does not automatically give current residential permit owners the ability to carry guns outside the home. Gun owners are required by law to follow current restrictions.” Hochul made these remarks on June 24, 2023, one day after the publication of the Bruen decision.Hochul would have known that most of the amendments to the Handgun Law were already drafted and coming down the pike, momentarily. That meant the nuances and peculiarities of multi-tier Gun licensing Statutes would remain.And that raises the question, post-Bruen: Why would a person seek to acquire a restricted New York handgun premise license in lieu of a concealed handgun carry license? After all, didn’t the elimination of the “Proper Cause”/“Extraordinary Need” requirement make the acquisition of a concealed handgun carry license easier? Not really.Sure, the Hochul Government struck “Proper Cause”/“Extraordinary Need” from the Sullivan Act. But she remains stubborn and undeterred.Hochul continues to place roadblocks in the path of those individuals who wish to exercise their natural law right to armed self-defense. A plethora of sensitive place restrictions on lawful carry and use of a handgun for self-defense now plague holders of concealed handgun carry licenses: both new applications and renewals.The inclusion of the “Sensitive Place” provision and the “Good Moral Character” requirement in the CCIA operate essentially as stand-ins for “Proper Cause.”If the Hochul Government must acknowledge the right to armed self-defense outside the home no less than inside it, then the New York Government will place a plethora of obstacles in the path of those whom the State issues licenses to carry.The holder of such a license now finds himself constrained in the act of lawful carrying of a handgun and, therefore, constrained from lawfully using a handgun for self-defense in places that heretofore had no such restrictions.New York State, and New York City, especially, has become a patchwork quilt of places where the carrying of a handgun for self-defense—and therefore the use of it for self-defense—is illegal, notwithstanding the issuance of a concealed handgun carry license.Pre-Bruen, the only place restrictions pertained to were school zones and Federal and State Government buildings. The licensee knew that and avoided carrying a handgun in those areas and buildings. Now, the holder of a valid concealed handgun carry license must play a child’s game of “Hopscotch”—kept mentally off-balance not precisely aware whether he and his handgun and the concealed handgun license he carries, are situated in a prohibited “Sensitive Place.” Did he miss a marker? What if he has to walk through or drive through a designated “Sensitive Place” to arrive at his destination? Must he detour around the area?The concealed handgun carry licensee must also keep in mind that “Sensitive Locations” are subject to revision. New restricted areas may be listed, and he must keep assiduously abreast of all amendments to those“Sensitive Place” restrictions.So then, “full carry” UNRESTRICTED handgun licenses no longer exist in New York. Under the CCIA, such “full carry” licenses, are constrained by numerous rigidly enforced place restrictions—which the Government may add to at any time.New York UNRESTRICTED “FULL CARRY” CONCEALED HANDGUN LICENSES are for all intents and purposes now reduced to RESTRICTED “LIMITED CARRY” CONCEALED HANDGUN CARRY LICENSES, most notably, on Manhattan Island.
NUANCES OF THE “GOOD MORAL CHARACTER” REQUIREMENT
The “Good Moral Character” requirement operates differently from the State’s “Sensitive Place” provision.The idea behind amendments to “Good Moral Character” as applied to applications for New York concealed handgun carry licenses is to dissuade an applicant from going through the hurdles of obtaining one.That is a strong inducement for the applicant to forego attempting to acquire such a license, opting instead for a restrictive premise license. That is why the Hochul Government has maintained the confounding multi-tiered handgun licensing structure post-Bruen.While there would appear, at first glance, no rational reason for a person to opt for a HIGHLY RESTRICTED New York premise handgun license Post-Bruen, the Hochul Government there are more than enough hurdles in place, making the acquisition of a RESTRICTED concealed handgun carry license no assured proposition, and the detailed information the CCIA mandates might cause a conscientious person to wish to refrain from divulging substantial details of his private life to the Government. In that case, a person might wish to forego the intricate, confusing, and intrusive process to obtain a concealed carry license and accept, instead, a New York premise handgun license.
INDIVIDUALS PURSUING A NEW YORK CONCEALED HANDGUN CARRY LICENSE MUST BE WILLING TO WAIVE THEIR FUNDAMENTAL RIGHT OF PERSONAL AUTONOMY AND PRIVACY, ALLOWING THE NEW YORK GOVERNMENT TO INTRUDE MERCILESSLY INTO EVERY ASPECT OF THEIR LIFE
For the individual undeterred in his quest to acquire a concealed handgun carry license, he must willingly accept Government interference with his fundamental right to privacy and autonomy.Application of this bolstered “GOOD MORAL CHARACTER” provision has a chilling effect on the First Amendment Freedom of Speech clause and on tacit Freedom of Association, and on the Fourth Amendment right of a person to be free from unreasonable searches and seizures. An Applicant must now waive those rights if he wishes to pursue the acquisition of a concealed handgun carry license.“GOOD MORAL CHARACTER” also butts up against one’s right to due process and equal protection under the Fourteenth Amendment—the very reason the U.S. Supreme Court struck down the“PROPER CAUSE” requirement.As applied to applicants for either highly restricted or restrictive premise handgun licenses only, the 2023 version of New York’s Handgun Law does not change anything. The CCIA reads as the prior version of the Gun Law read:NY CLS Penal §400.00(1):“Eligibility. No license shall be issued or renewed pursuant to this section except by the licensing officer, and then only after investigation and finding that all statements in a proper application for a license are true. No license shall be issued or renewed except for an applicant (a) twenty-one years of age or older, provided, however, that where such applicant has been honorably discharged from the United States army, navy, marine corps, air force or coast guard, or the national guard of the state of New York, no such age restriction shall apply; (b) of good moral character, which, for the purposes of this article, shall mean having the essential character, temperament and judgement necessary to be entrusted with a weapon and to use it only in a manner that does not endanger oneself or others (c) who has not been convicted anywhere of a felony or a serious offense or who is not the subject of an outstanding warrant of arrest issued upon the alleged commission of a felony or serious offense; (d) who is not a fugitive from justice; (e) who is not an unlawful user of or addicted to any controlled substance as defined in section 21 U.S.C. 802; (f) who being an a noncitizen (i) is not illegally or unlawfully in the United States or (ii) has not been admitted to the United States under a nonimmigrant visa subject to the exception in 18 U.S.C. 922(y)(2); (g) who has not been discharged from the Armed Forces under dishonorable conditions; (h) who, having been a citizen of the United States, has not renounced his or her citizenship; (i) who has stated whether he or she has ever suffered any mental illness; (j) who has not been involuntarily committed to a facility under the jurisdiction of an office of the department of mental hygiene pursuant to article nine or fifteen of the mental hygiene law, article seven hundred thirty or section 330.20 of the criminal procedure law or substantially similar laws of any other state, section four hundred two or five hundred eight of the correction law, section 322.2 or 353.4 of the family court act, has not been civilly confined in a secure treatment facility pursuant to article ten of the mental hygiene law, or has not been the subject of a report made pursuant to section 9.46 of the mental hygiene law; (k) who has not had a license revoked or who is not under a suspension or ineligibility order issued pursuant to the provisions of section 530.14 of the criminal procedure law or section eight hundred forty-two-a of the family court act.”The above requirements apply to the issuance of all New York handgun licenses: the highly restrictive premise home or business license and the concealed handgun “full carry” license.Note that the requirements set forth in the aforesaid section of the Handgun Law mirror the requirements of Federal Law, 18 USCS § 922, but also, in some instances, as illustrated in the State law, go well beyond what counts as a disability under Federal law. But understand——
FEDERAL LAW DISQUALIFIERS FOR POSSESSING A FIREARM DO NOT INCLUDE A GOOD MORAL CHARACTER REQUIREMENT. NEW YORK LAW DOES.
The requirement is both inherently vague and markedly, nakedly subjective.How does a licensing officer determine an applicant has “the essential character, temperament, and judgment necessary to be entrusted with a weapon and to use it only in a manner that does not endanger oneself or others”? If the individual falls into a Federal disability—for example, the individual has been involuntarily committed to a mental asylum, has a felony conviction, or having served in the military, has received a dishonorable discharge—the licensing officer will point to the disability and likely add the applicant lacks the necessary character to be trusted with possession of a handgun or with the possession of any firearm. But then, a claim of lack of proper character and temperament adds nothing to a notice of denial to issue a handgun license. THE REQUIREMENT IS REDUNDANT.But, if the licensing officer does not specify a disability in the notice of denial apart from the assertion that, in the licensing officer’s opinion, the applicant lacks proper character and temperament, then, in the absence of a factual basis for such a finding, other than mere recitation of subjective, personal opinion, a Court of competent jurisdiction would likely find the decision to be arbitrary and capricious.But an applicant would have to go through the lengthy, arduous, and costly process of filing a New York “ARTICLE 78” action, challenging the licensing officer’s decision, to obtain relief from a Notice of Denial to Issue a License.That has always been a problem with the use of a Character requirement in the Handgun Law. But, prior to the enactment of the CCIA, the requirement never posed a viable problem.The licensing officer wouldn’t point to the absence of proper character and temperament EXCEPT if the denial were grounded on an objective disability. Recitation of the disability would suffice to deny the issuance of a handgun license. But, of itself, recitation of lack of proper character would not suffice to support a notice of denial to issue a handgun license. Lack of Good Moral Character was, heretofore, in New York, neither a necessary nor sufficient condition to obtaining a license.The Licensing Officer might append his Notice of Denial with a finding that the applicant lacks proper temperament and character, but its inclusion would not add anything portentous to the Notice of Denial.An Article 78 judicial action challenging the Notice of Denial would address the license officer’s litany of disabilities—discrete and specific matters. For, it would be on the basis of the disabilities that character objectively comes into play. Still, one might make the case that severe mental illness, severe enough to require institutionalization is not of itself demonstrative of “BAD MORAL CHARACTER,” any more than a person having a serious heart condition, or cancer, should be considered to have “BAD MORAL CHARACTER” due to illness.Where a person has committed a serious crime due to mental illness (for example, a person is found not guilty by reason of insanity), a case may or not be made out that such a person has “BAD MORAL CHARACTER.” It is a gray area. But, in any event, the New York licensing officer would refuse to issue a handgun license to that person. The issue of “GOOD” or “BAD” MORAL CHARACTER is really irrelevant in that case.Moreover, by itself, the issue of “CHARACTER” counts for nothing. And yet, for those individuals now applying for a concealed handgun carry license, this elusive and illusive provision becomes a new highly ramped-up basis to deny issuance of a handgun license. It is even more subjective, and just as arbitrary, as New York’s old “Proper Cause” requirement.Like the multi-tier structure of handgun licensing, the inclusion of a character requirement in the Handgun Law has itself developed into a complex multi-tier structure.The requirement for those applying for a concealed handgun carry license, the “GOOD MORAL CHARACTER” requirement established for application for a highly restricted handgun carry license is now merely the first step in a two-step process to demonstrate to the satisfaction of the licensing authority, that the applicant has the proper character to be issued a concealed handgun carry license.Post-CCIA, NY CLS Penal §400.00(1)(o):“for a license issued under paragraph (f) of subdivision two of this section the applicant shall meet in person with the licensing officer for an interview and shall, in addition to any other information or forms required by the license application submit to the licensing officer the following information: (i) names and contact information for the applicant’s current spouse, or domestic partner, any other adults residing in the applicant’s home, including any adult children of the applicant, and whether or not there are minors residing, full time or part time, in the applicant’s home; (ii) names and contact information of no less than four character references who can attest to the applicant’s good moral character and that such applicant has not engaged in any acts, or made any statements that suggest they are likely to engage in conduct that would result in harm to themselves or others; (iii) certification of completion of the training required in subdivision nineteen of this section; (iv) a list of former and current social media accounts of the applicant from the past three years to confirm the information regarding the applicants character and conduct as required in subparagraph (ii) of this paragraph; and (v) such other information required by the licensing officer that is reasonably necessary and related to the review of the licensing application.”It isn’t clear whether only one, or two, or all five requirements listed above all fall into the sphere of “Good Moral Character” and we must wend our way through the thicket to get a handle on this.To begin, it is odd to require more than one standard of proper character in the State’s Handgun Law.Logically, if a person cannot be deemed to have sufficient good character to possess a handgun at all, what does it mean and why should it matter to require more of one’s character to carry a handgun in public?Surely, if a “Character” requirement is going to be posited at all, then it follows that a person either has the proper character and temperament to possess a handgun or does not. This is not to suggest that a person should be required to demonstrate special Character traits. Indeed a person can have bad character, but, unless he is a blatant threat to others, a licensing authority should not wield one’s Character as a sword against him.The problem here rests with the Government licensing of handguns. The multi-tier handgun scheme that New York has constructed around which the Government creates ridiculous requirements to justify, or rationalize, the need for such a tiered structure, only makes the entire notion of “CHARACTER” more ridiculous. But, to employ a “CHARACTER” provision in a licensing scheme at all is just “nuts.”Government creates handgun licensing schemes and then interjects requirements that beg the question of whether Government should be in the game of licensing exercise of a fundamental right at all.Sure, a person requires a license to practice law or to practice medicine, but, while a person does enjoy a basic (we would argue an unenumerated Ninth Amendment) right to make a living, and, in fact, has a duty to provide for himself and for his family, so as not to be a burden on himself and on society, a person does not have a Constitutional right to practice law or medicine.And the professions, not the Government, regulate whether one has the proper character to practice law or medicine, anyway. If a professional Board sitting on review of a person’s character does not believe a candidate has the proper character, the Board will not allow a person to sit for the Bar Exam or, in the case of the medical profession, to sit for the Medical Licensing Examinations. These exams are necessary conditions precedent to acquire a State License to practice law or medicine.But the inclusion of a “Good Moral Character” requirement as a condition precedent to obtaining a license to exercise the fundamental right to armed self-defense is bizarre, and, in practice, application of the requirement adds nothing substantive, definitive, or even rational to the process. Application of the requirement merely reflects the personal bias of the licensing authority.And there never was anything substantive about it. It is just a makeweight, and wholly subjective.The Federal grounds for disqualification are sufficient,* as they are, for the most part, objective and tend to preclude the insinuation of personal bias, conscious or not, into the process of adducing whether one can or cannot possess a firearm. The instant background check undertaken at a firearms dealer is enough.The mindset of the Hochul Government is crucial in analyzing and evaluating these new requirements in the CCIA.We will delve into this in the next article, beginning with whether New York makes use of this thing, in other State Statutes. It does. And we will take a look at how other States that have such a provision, utilize it, and lay out our arguments in support of the remarks made herein that there is no justification for employment of “GOOD MORAL CHARACTER” in New York’s Handgun Law.____________________________________*We must stress, consistent with prior statements made in previous articles, that our position is that, despite the seeming contradiction, the natural law right to armed self-defense is absolute.
But does this mean that all individuals should possess a firearm if they wish? The term ‘absolute,’ means ‘unqualified,’ and ‘without restriction.’ This logically entails the proposition that the natural law right to armed self-defense is an unqualified right of man, hence a right, without restriction.
But refer back to the word, ‘should,’ in the afore-referenced question, “Should all individuals possess a firearm if they wish? Further to the point, should there be some limitation on who possesses a firearm?
The word ‘should’ changes a proposition into a normative, moral statement that does not readily fall into the basic “true”/“false” paradigm. Our position is that pragmatic considerations require tough choices when it comes to who “should” “be allowed” to possess a firearm. That ultimately means some people, for pragmatic reasons, “should not” be permitted to possess guns.
Murderous psychopaths and psychotic maniacs fall into categories of individuals who should not possess firearms because their use of firearms is not limited to self-defense or for such benign purposes as hunting, target practice, or sport, such as skeet or trap-shooting, or Olympic events. And, recall the codification of the natural law right to armed self-defense (subsumed into “self-defense”/“self-preservation”) as the core predicate of the right, eliminating, then, use of firearms to commit murder or to threaten murder or other violence.
Federal Law also prohibits “illegal aliens” from possessing firearms. And that is right and proper. The United States is a Nation State, with physical geographical borders, comprised of citizens, whose allegiance, whether they accept it or not, is to the Nation—its Constitution, history, heritage, culture, ethos, and core ethical values.
By definition, an ‘illegal alien,’ is a person who intentionally defies our National geographical Integrity, our Constitutional integrity, and our Laws. His allegiance is not to our Country, nor to our Constitution. Therefore he, like a murderer, is a threat to our natural law right to self-defense, and therefore is prohibited from possessing a firearm, and, from a normative perspective, “ought” rightfully to be prohibited from possessing a firearm.
“Mental Defectives” are another category of individuals that are not in a position to be trusted with a gun as a very young child, as they pose a threat to others if they have access to a firearm. And as for those members of the armed forces who have been dishonorably discharged, they have brought dishonor on their Nation and on themselves and have demonstrated an inability to be trusted with a firearm, as, by definition, they pose a danger to the Nation, People, and Constitution.
But how far should these pragmatic bases to deny possession of firearms extend? The Government itself exists to preserve and protect the Constitution and provide for the common welfare of the citizens.
But Government is naturally inclined—given the power it wields—to subvert those ends, usurping the sovereignty of the American people.
The Biden Administration has disdainfully, unabashedly usurped the sovereignty of the American people and has deliberately, and maliciously failed to faithfully serve and protect the Nation, and has intentionally, malevolently, and spitefully, ignored enforcement of the Laws of the Land. And the Administration has gone further yet: coldly, callously, designing and implementing policy for the purpose of subverting and sabotaging the Laws of the Land.
It is not by accident this Administration has deliberately thwarted the citizenry's exercise of their Bill of Rights. The Administration has designed and implemented policy systematically designed to weaken the right of the people to keep and bear arms.
The Biden Administration is hell-bent determined to dismantle the institutions of our Country, to destroy our history, heritage, culture, and Judeo-Christian ethical values, fully embracing a Tyranny to thrust upon the Nation. And Democrat Party-controlled State Governments across the Country have taken the policy positions and messaging of the Biden Administration to heart: zealously following in the Administration’s footsteps, designing and implementing similar policies, all with the aim of destabilizing society, destroying the economy, demoralizing the people, and promoting all matter of vices against God, Country, and People.
It is but an understatement to assert that neither the Federal Government nor many State Governments are the best arbiter to decide how or whether the natural law right to armed self-defense is to be exercised.
As we see most clearly today, Government tends, through time, to institute more and more restrictions on who may “lawfully” possess firearms, and places ever more draconian restrictions on the types, kinds, and quantity of firearms and ammunition one may possess, and on the component parts and paraphernalia a person may “lawfully” keep.
The Arbalest Quarrel has discussed this notion of ‘Tyranny’ in some depth, in previous articles and we will have much more to say about it and will do so in future articles. We will also deal at length with the notion of ‘absoluteness’ of our natural law rights and lay out further how that concept can be seen to cohere with a seeming logical inconsistency of ‘limitation’ placed on absoluteness in the exercise of natural law rights, utilizing “pragmatic realism” and “normative principles” to secure the Bill of Rights for all time, notwithstanding the strong desire and goal of the Neo-Marxist Internationalists and Neoliberal Globalist Empire Builders that insist the U.S. Constitution's Bill of Rights is archaic, unworkable, and, therefore, must eventually be eliminated, as part of their major overhaul of this Nation’s Constitution.
___________________________________Copyright © 2023 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
PROGRESSIVE GAME PLAN: NEUTRALIZE THE SUPREME COURT AND DISARM THE CITIZENRY
The recent scurrilous attack on Associate Justice Clarence Thomas is part and parcel of the Political “Progressives”* attempt to neutralize the independence of the Third Branch of Government, the Judiciary, and its most ardent supporter of an armed citizenry.On April 9, 2021, two years ago to this day of posting this article on the Arbalest Quarrel, Joe Biden issued an executive order, forming the Presidential Commission on the Supreme Court of the United States, “to examine the Court’s role in the Constitutional system; the length of service and turnover of justices on the Court; the membership and size of the Court; and the Court’s case selection, rules, and practices.”The key phrase in this executive order is “the Court’s role in the Constitutional system.”The Commission’s purpose may seem benign. It is anything but benign. Almost a hundred and thirty years earlier, Franklin D. Roosevelt attempted the same thing. Both sought to sideline and neutralize the U.S. Supreme Court.Fortunately, for the Nation, the efforts of Roosevelt and Biden came to naught.But the Biden Administration’s Progressive Globalist agenda is more extravagant and elaborate than anything dreamed up by Roosevelt and the fabricators of the “New Deal.”The Progressives’ goal of a neo-feudalistic global empire requires neutralizing the High Court and erasing America’s armed citizenry.The U.S. Supreme Court remains the only Branch of the Federal Government today that recognizes the importance of an armed citizenry to resist tyranny.In three seminal case law decisions—Heller, McDonald, and Bruen—coming down in the last fifteen years, the conservative wing majority, led by Justices Clarence Thomas, Samuel Alito, and the late Justice Antonin Scalia, made patently clear the right to armed self-defense is an individual right and a natural law right, the core of which Government is forbidden to interfere with.But these decisions are at loggerheads with the Progressives’ desire to neuter the right of the people to keep and bear arms.In a report on “progressivism,’ published on July 18, 2007, the Heritage Foundation has described the nature of and the aims of the political, social, and cultural transformation of the Nation, using the word, ‘Revolution,’ to describe it.Progressives have since made substantial strides in undermining the Constitution and transforming America beyond all recognition.But use of the word, ‘Revolution,’ to describe this transformation is inaccurate. Rather, this extraordinary and extensive push to remake American society, is not properly a Revolution because we had our Revolution—the American Revolution of 1776—when America’s first Patriots defeated the British empire.These Patriots constructed a free Constitutional Republic, unlike anything the world has seen before or since.Having thrown off the yoke of tyranny, the framers of the U.S. Constitution, created a true Republican form of Government.This “Federal” Government is one with limited and carefully delineated powers and authority. And those powers and authority are demarcated among three co-equal Branches.The Government comes to be not by Divine Right nor by Right claimed for itself by itself. Rather, it comes into existence only by grace of the American people, who are and remain sole sovereign.Since the people themselves created the Government, they retain the right to dismantle it when that Government serves its interests to the detriment of the people, devolving into tyranny.The natural law right to armed self-defense, a right that shall not be infringed, is the instrument of last resort through which the American people maintain and retain both the legal and moral right to resist tyranny that Progressives impose on Americans. See AQ article, posted on October 1, 2021.Progressivism is a thing openly hostile to and antithetical to the tenets and precepts of Individualism upon which the U.S. Constitution rests. See, e.g., article AQ article, posted on October 6, 2018.Adherents of this political and social ideology perceive Government as sovereign over the people, turning the Constitution on its head.Progressivism is an evil perpetrated on the American people, coming into being without the consent of the governed. It seeks a Globalist “Counterrevolution” in counterpoise to the morally good and successful “American Revolution.” See AQ article posted on October 26, 2020.It is in this that the arrogant and ludicrous attack on Justice Thomas comes plainly into view.Representative Ocasio-Cortez, a Progressive Democrat, has recently brought up the subject of impeachment against Clarence Thomas pertaining to “luxury trips and outings on yachts and private jets owned by Dallas businessman Harlan Crow, according to an investigation by ProPublica . . . .” See the article published in thehill.com.She adds, in her typical hyperbolic, rhetorical fashion,“‘Barring some dramatic change, this is what the Roberts court will be known for: rank corruption, erosion of democracy, and the stripping of human rights.’” Id.Impeachment of a sitting Justice does fall within the purview of Congressional authority, but it is impractical and almost unheard of in the annals of history.The House of Representatives impeached Associate Justice Samuel Chase, in 1804. He was acquitted by the U.S. Senate in 1805 and served on the High Court until his death in 1811. Another Associate Justice, Abe Fortas, resigned under threat of impeachment, in 1969. See the article posted in history.com.Impeaching Justice Thomas in a Republican-controlled House won’t happen.Progressives try a different tack.“Sixteen lawmakers led by Sen. Sheldon Whitehouse, D-R.I., and Rep. Hank Johnson, D-Ga., sent a letter to Roberts on Friday requesting an investigation into ‘allegations of unethical, and potentially unlawful, conduct.’” See the article in Foxnews.com.Asking the Chief Justice to launch an investigation of his brethren is pompous, absurd, lame, and bogus.Roberts will do no such thing. And this will rankle Progressives.The Third Branch of Government remains constantly, aggravatingly, tantalizingly beyond the ability of Progressives to tamper with.Unable at present to sit more mannequins like Ketanji Brown Jackson on the Court, they continue to probe for weaknesses. As a last resort, these Democrat Progressives challenge the Court’s importance, independence, and role.Progressives employ like-minded attorneys to undercut the authority of the High Court.One such attorney is Barry P. McDonald, Law Professor at Pepperdine University. In an essay, posted on The New York Times, on May 26, 2016, McDonald writes,“The Supreme Court today is both political and powerful in ways that would be unrecognizable to the framers of the Constitution. They penned a mere five sentences creating a ‘supreme Court’ and defining its jurisdiction. The judicial branch was something of an afterthought for them, because they believed that in a democracy the elected branches would be responsible for governing the country.Judicial review, in its modern sense, did not exist. As the framers envisioned it, the justices appointed to the Supreme Court would mainly interpret and apply federal law when necessary to resolve disputes involving the rights of individuals. And though the framers’ views on the court’s role in interpreting and enforcing the Constitution are the subject of debate, it seems most likely that when disputes required determining whether a federal law comported with the Constitution, the court’s interpretation was supposed to bind only the parties in the particular case — not the legislative and executive branches generally.Over time, however, and especially from the mid-20th century on, the court’s vision of its role in our democratic system changed, from dispute resolver to supreme arbiter of all matters of constitutional law, so that elected branches of government at federal and state levels were bound to accept its interpretations. The American people largely went along with this accretion of power. But they surely never anticipated that eventually, many politically charged and contestable questions — for example, whether the Constitution guarantees the right to possess guns, to have an abortion, to allow gay couples to marry, or to allow corporations to spend money to help elect our political representatives — would be decided by one unelected justice who straddled political voting blocs on the court.This is democratic folly.”And, in a follow-up article posted in the Times, on October 11, 2018, Barry McDonald, writes,“When the founders established our system of self-government, they didn’t expend much effort on the judicial branch. Of the roughly three and a half long pieces of inscribed parchment that make up the Constitution, the first two pages are devoted to designing Congress. Most of the next full page focuses on the president. The final three-quarters of a page contains various provisions, including just five sentences establishing a ‘supreme court,’ any optional lower courts Congress might create and the types of cases those courts could hear.”McDonald claims the founders relegated the U.S. Supreme Court to a subservient role in our Three-Branch Governmental structure. This is not only an uncommon viewpoint among scholars, and legally odd; it is demonstrably false.In the Federalist Papers Alexander Hamilton made patently clear that, on matters of Constitutional authority, the Legislative Branch must yield to the Judiciary.“No legislative act . . . contrary to the Constitution can be valid. To deny this would be to affirm that . . . men acting by virtue of powers may do not only what their powers do not authorize, but what they forbid. If it be said that the legislative body are themselves the constitutional judges of their own powers, and that the construction they put upon them is conclusive upon the other departments, it may be answered, that this cannot be the natural presumption, where it is not to be collected from any particular provisions of the Constitution. . . . . It is more rational to suppose that the courts were designed to be an intermediate body between the people and the legislature, in order to keep the latter within the limits assigned to their authority. The interpretation of the laws is the proper and peculiar province of the courts.”– Excerpt from Federalist Paper No. 78, written by Alexander Hamilton and published in 1788, part of the founding era’s most important documents explaining to the people the nature of the Constitution then under consideration for ratification. See the article in constitutionalcenter.org. The article also cites to one of the Barry McDonald articles for comparison and contrast.Hamilton’s essay in Federalist Paper No. 78 is an outright repudiation of McDonald’s remarks about the U.S. Supreme Court. See citations, supra.U.S. Supreme Court Justice, John Marshall was certainly aware of Alexander Hamilton’s remarks in the Federalist, when he drafted his opinion in Marbury vs. Madison, 5 U.S. 137 (1803). The case is a mainstay of Constitutional Law, taught to first-year law students and one of the most important cases in American jurisprudence.The case lays out clearly and categorically the vital role played by the U.S. Supreme Court in our Three-Branch Federal Governmental system.In no uncertain terms, John Marshall, made definitely and definitively clear that it is for the Judiciary, not the Legislature, to determine the constitutionality of Congressional Statutes. We cite below a portion of Justice Marshall’s erudite opinion.“If an act of the legislature, repugnant to the constitution, is void, does it, notwithstanding its invalidity, bind the courts, and oblige them to give it effect? Or, in other words, though it be not law, does it constitute a rule as operative as if it was a law? This would be to overthrow in fact what was established in theory; and would seem, at first view, an absurdity too gross to be insisted on. It shall, however, receive a more attentive consideration.
It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.
The judicial power of the United States is extended to all cases arising under the constitution.Could it be the intention of those who gave this power, to say that, in using it, the constitution should not be looked into? That a case arising under the constitution should be decided without examining the instrument under which it arises?
This is too extravagant to be maintained.”
Progressives pretend the U.S. Constitution is capable of shapeshifting. It isn’t.That doesn’t bother them, though, because they intend to eliminate the Constitution. Referring to it now, as they must, just to destroy it, and creating something novel, more to their liking—a thing subordinated to international law or edict, and subject to change as whim or chance dictates—that's what they they have in mind.In the interim, they force it to cohere to their precepts, agenda, and goals, all of which are antithetical and anathema to the Constitution, as written.In the naked attempt to knead the Constitution as if it were a lump of clay, they show their hand.Trivializing the role of the Court because they can’t easily control it and going after a U.S. Supreme Court Justice they don’t like because he defends a natural law right they don’t agree with, Progressives proclaim to all the world their shameless contempt for Nation, Culture, History, Heritage, Constitution, Ethos, Ethic, and People.They dare disparage us. Yet, it is we, true American Patriots, who rightfully ought to visit derision on them.______________________________________________*The expression ‘Progressive’ as with the expression, ‘Liberal,’ (less so with the expressions, ‘Marxist,’ ‘Neo-Marxist,’ or ‘Classical Marxist’) do not have precise and rigid definitions, due in part, perhaps, to the ubiquity and popularity of the first two terms in the Democratic Party vernacular.Most Democrats, it is here presumed, prefer use of ‘liberal’ as applied to them. And some no doubt prefer the term ‘Progressive,’ as an acknowledged more extreme version of ‘Liberal,’ and they take the label as a note of pride. See article on the website, thisnation.com.But most, if not all, Democrats avoid the appellation ‘Marxist,’ at least publicly, even if that label is most in line with their ideological beliefs, social, political, and economic, and demonstrated in their actions. They might use that expression amongst themselves even if they dare not refer to themselves as ‘Marxist’ in public and would deny the description vehemently if the label is thrust on them by an outsider. For this article, we are staying with the expression, ‘Progressive,’ as it aligns most closely with the theme of the article and apropos of references made in it.____________________________________Copyright © 2023 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
CHRISTIAN ELEMENTARY SCHOOL CHILDREN UTILIZED AS CANNON FODDER AND AS A PLOT DEVICE IN AN “ASSAULT WEAPON” HORROR FILM PSYCHODRAMA, AIMED AT THE AMERICAN PUBLIC
School shootings are rare events. But they need not happen, and should not happen. But they do happen. And the reason why is no secret. And, NO, the reason for school shooting incidents has nothing to do with too many “GUNS” in society.The reason for school shootings, as with shootings anywhere else in the Country, has nothing to do with the quantity of guns or the types of guns circulating in America, notwithstanding the fuss and furor of Anti-Second Amendment forces in Government, in the Press, or in the greater public. The reason why is simple:Guns, of themselves, “DON’T CAUSE” violence.“GUNS DON’T CAUSE ANYTHING” because, like any other implement, “GUNS CAN’T CAUSE ANYTHING.” A FIREARM IS AN INANIMATE OBJECT, NOT A SENTIENT AGENT.A firearm, be it an antique black powder musket, or modern assault rifle or submachine gun—or “assault weapon” qua “weapon of war” (expressions concocted by propagandists and subject to constant fluctuation and expansion)—have no will of their own.These implements might sit for a million years in a military armory or in one’s private abode, and, left alone, nothing would happen. They won’t sprout legs and arms and go off on a shooting spree because they aren’t sentient beings. They have no “will” to act and no ability to act. Only sentient agents CAN ACT, are capable of action, for good or naught.Yet, to hear Joe Biden, for one, go on about guns, one would think that guns are the seminal cause of criminal violence in our schools and elsewhere around the Country—A “SCOURGE” OF THE COUNTRY AND OF “GUN VIOLENCE” he has long said—as if this AWFUL “SCOURGE” is independent of the SENTIENT AGENTS, the PSYCHOPATHS and LUNATICS that use guns, or any other implement, to commit their unspeakable acts. “Get rid of Guns,” so the illogical messaging goes, “and peace and harmony will reign throughout the Land.” Nothing could be further from the truth.And, THE TRUTH IS THIS:The overwrought, pensive, incessant dwelling on “GUNS” would dissolve into nothingness like the chimera it is and ever was if Government would spend less time, money, dwelling on guns, and spend more time, money, and effort “RIDDING SOCIETY OF PSYCHOPATHIC CRIMINALS AND DANGEROUS LUNATICS”—placing and then keeping serial violent criminals in prison and placing and keeping dangerous lunatics in asylums. Then, there would be no issue about guns as a “SCOURGE” on society.But, the SCOURGE IS NOT GUNS. It is, rather, the crazed individuals permitted, even encouraged, to run amok in our Nation to terrorize innocent Americans at will.This should be obvious. The Anti-Second Amendment Biden Administration and the Legacy Press prostrate themselves to “THE LOWEST COMMON DENOMINATOR IN SOCIETY,” (those elements of no use to society and of little, if any, use to themselves) who intrude upon and trample the natural law rights of the “THE HIGHEST COMMON DENOMINATOR IN SOCIETY: tens of millions of responsible, rational, ethically minded citizens, who are the most significant part of the polity.In fact, given the present state of affairs, in this strange cultural milieu of DEI, CRT, SEL, ESG, and LGBTQIA+, the public sees the community police departments themselves handcuffed and in leg irons, underfunded or defunded, and often demoralized, and unable to provide a modicum of protection for their communities. In such a society that America, under the Biden Administration, has become, the import of the natural law right to armed self-defense is unmistakable, becoming more acute, insistent, and emphatic with each passing day.And Americans DO FIND themselves compelled to resort to armed self-defense more frequently, and they do successfully ward off the threat to life, and often without having to fire a shot because the display of a firearm is enough to deter a hardened but by no means dull-witted criminal.If an aggressor is hopped up on illegal narcotics, and undeterred by the mere presence of a firearm, a couple of well-placed gunshots renders the most maniacal assailant compliant, whereas a whistle, or pepper spray (diluted for civilian use), or a stun gun marketed for civilians, or a rap on the head with a baseball bat, or a firm command (“stay the f**k away from me”) would only tend to enrage the assailant more.Yet, the Press deliberately underreports the utility of the firearm for self-defense, notwithstanding statistical evidence to support it. See, e.g., the August 10, 2022 article by John R. Lott, Jr., titled, “The ‘Good Guys With Guns’ the FBI Stats Omit,” on RealClear Investigations.See also the March 31, 2023 in Americangunfacts. These statistics don’t lie, but, also they don’t fit the narrative of the Anti-Second Amendment Biden Administration and its friends in the Press, so these statistics are never mentioned.But, when a lunatic goes into a schoolhouse and murders children, the Government and media perk up their ears. They zero in on it, magnify it, and talk endlessly and vociferously about it.But does the Government—this Biden Administration—do this because it really cares about the plight of school children? No! The Biden Administration doesn't care about the plight of the children.Rather, a school shooting incident is the kind of event the Biden Administration exuberantly awaits and yearns for. Regardless of what the Administration says, the lives of children are not sacred and inviolate to the Administration. The public takes from the words of Joe Biden what it wants to hear, and wishes to believe, but the public is naive. The words are empty; worse they are lies.Children are viewed by the Administration as CANNON FODDER, THEATER PROPS, a PLOT DEVICE to be utilized in service to an agenda: illegal confiscation of semiautomatic weapons—weapons that are in common use by and for millions of average, responsible, rational Americans. And these Americans utilize these weapons for many lawful uses—principally, among them—for self-defense and in defense of one's family against rabid, violent assault.The Biden Administration and news organs use psychological conditioning techniques to create in the psyche of Americans a phobic reaction toward GUNS—treating the entire sordid event—Childrens’ violent deaths at the hands of a Lunatic intent on destroying innocent life, and the Lunatic, in turn, meeting a violent death through the same mechanism of destruction—are cast as a singular horrific event to overload the mind.This is the sort of event the Biden Administration and other foes of the natural law right to armed self-defense salivate over because the overarching focus and central aim is to constantly constrain and eventually eliminate civilian citizenship ownership and possession of firearms, commencing with semiautomatic firearms, encapsulated in the inflammatory, political expression, “assault weapons.” Remember Emmanuel Rahm’s Law: “You never want a serious crisis to go to waste.”That IS the mantra of the Biden Administration. And it WAS the mantra of the Pelosi's House of Representatives.The Government and the Press prey on the horror of innocent lives lost—the lives of children lost.This type of event helps them spin a narrative of the evils of “THE GUN” as the DESTROYER of innocent life rather than as PRESERVER of innocent life. There is something archetypal in this.The Biden Administration does not permit the American public to see firearms in a positive light. The KILLER and the WEAPON become “ONE ENTITY,” inextricably linked and bound: a SINGLE instrument of Death.The matter of news reporting of the recent tragedy that occurred in a small, private, Christian elementary school, “The Covenant School” in Nashville, Tennessee, demonstrates how news coverage has evolved into an elaborate theatrical production.
THE NASHVILLE, TENNESSEE ELEMENTARY SCHOOL THEATRICAL PSYCHODRAMA HORROR SHOW UNFOLDS
In the film, presented to the public, through carefully drawn video vignettes and an accompanying film script, the perpetrator of the violence, the psychotic maniac, Audrey (“Aiden”) Elizabeth Hale and her “assault weapons” serve as a “TROPE,” a thematic storytelling device that drives the plot forward.The INANIMATE OBJECT, THE “ASSAULT WEAPON” bound to the ANIMATE SUBJECT, an emotional wreck of a human Being, are, together, presented as the “CENTRAL ANTAGONIST” in a carefully scripted and presented horror psychodrama.Photographs of both the person and the weaponry are presented.See March 28, 2023 article in Newsweek with sharp graphics of the firearms Hale carried into and utilized in carrying out the murders. and in Independent.co.uk.The New York Post, on March 23, 2023, shows “stills” and video of Hale shooting out the doors of the schools and walking the corridors with rifle at the ready.And see articles published in nytimes.com, independent.co.uk and cbsnews.com.The rhetorical talking points are all in service to an agenda, creating a false narrative about “guns,” using the murder of innocent children as a “plot device” to achieve a goal: Gaining Public Support for A Wholesale Ban On “Assault Weapons.”And, like all good theater, there must be a CLIMAX TO THE FILM. And there is one, here.The Nashville Metro Police provided detailed bodycam footage of the search for and takedown of Hale by an officer (a Metro SWAT Team member, perhaps?) as he methodically removes his assault rifle from the trunk of his squad car, racking the slide of the rifle as he walks determinedly, if curiously not particularly hurriedly, up to the entrance to the school, and waits patiently as an unknown party opens the door with a key. Upon entering the school other officers lead him (to clear?) several rooms of the school, all of which are devoid of the shooter, students, and staff. Apparently, children and staff had been previously shepherded out of the school.As he (and we, the audience) hear shots fired at an upper level of the school building, the officer double-times up a couple flights of stairs where yet other officers guide him to a large lobby area. It is here that he confronts the shooter, Audrey Hale, and takes the shooter out. We are not privy to the shooting itself (due to careful post-production editing of the body camera footage, ostensibly to garner a PG Rating for the film).A second officer (another METRO SWAT Team member, perhaps?) performs the coup de grâce, shooting Audrey Hale four more times, with his handgun, while standing over the fallen shooter. The actual shooting scene, too, is cut, post-production.A final “still” shows the fallen ANTAGONIST, with head deliberately obscured, body visible and contorted on the floor.The entire video camera sequence does appear to have a refined, staged look.The two officers, as with the ANTAGONIST, are demonstrably and inextricably linked with the weapons they bear (one wielding a presumably “selective fire assault rifle,” and the second officer wielding a semiautomatic handgun). See, e.g., video provided by CNN.The two police officers, Rex Engelbert and Michael Collazo, the two PROTAGONISTS in this news PSYCHODRAMA, who had neutralized the shooter, are hailed as heroes. And that’s, that! Or is it?Dis Collazo need to kill Hale? Was she already mortally wounded from Engelbert’s shots? In any event, she no longer appeared as a viable threat.Would it not have been preferable to keep Hale alive, if possible, once incapacitated. She would have some explaining to do, and better to hear directly from her, her motivations, than try to glean them from a diary or journal, news organizations pretentiously refer to as the killer’s ‘manifesto.’ See Newsweek article for one.Collazo could have kicked her rifle away from her hands if she were still grasping it.Reuters recounts the following:“‘Shots fired, shots fired, move,’ Collazo says before joining Engelbert and the other officer in confronting the shooter.With the perpetrator on the floor, Collazo presses forward to take the final four shots, exhorting the shooter to ‘stop moving!’There is no response from the mortally wounded assailant, as Collazo says, ‘suspect down, suspect down.’” “‘Shots fired, shots fired, move,’ Collazo says before joining Engelbert and the other officer in confronting the shooter.With the perpetrator on the floor, Collazo presses forward to take the final four shots, exhorting the shooter to ‘stop moving!’ (all the while he simultaneously appears to be shooting her).There is no response from the mortally wounded assailant, as Collazo says, ‘suspect down, suspect down.’”We now come to the narrative epilogue that lays bare the purport of the film:The rhetorical talking points are all in service to an agenda, creating a false narrative about “guns,” using the murder of innocent children as a “PLOT DEVICE” to achieve a goal: GAINING PUBLIC SUPPORT FOR A BAN ON “ASSAULT WEAPONS.”But the public is left with a seemingly daunting incompatible view of “ASSAULT WEAPONS”:THEY ARE BOTH GOOD (OR NEUTRAL) AND EVIL, DEPENDING ON THE CAMERA’S VANTAGE POINT—THE PARALLAX:ASSAULT WEAPONS IN THE HANDS OF AVERAGE CITIZENS ARE AN EVIL THAT MUST NOT BE TOLERATED; INVARIABLY LEADING TO DEATH, DESTRUCTION, AND UNMITIGATED HORROR FOR EVERYONE; BUT,ASSAULT WEAPONS IN THE HANDS OF AGENTS OF THE GOVERNMENT, POLICE OFFICERS, ARE PERCEIVED AS “GOOD” (OR, PERHAPS, AS “NEUTRAL”) PROMOTING THE PRESERVATION OF INNOCENT LIFE AND DEATH (BUT ONLY IN EXCEPTIONAL CIRCUMSTANCES, AS FOR EXAMPLE WHEN AN OFFICER GOES TO THE ASSISTANCE OF SCHOOL CHILDREN, THREATENED BY A KILLER.Thus, resolution of the incompatibility of “ASSAULT WEAPON” (EVIL) VERSUS “ASSAULT WEAPON (GOOD OR OTHERWISE, AT LEAST, NEUTRAL) demands a magician’s trick, a feat of legerdemain.The messaging conveyed in the Coventry School Psychodrama is subtle—below the threshold of conscious awareness, residing in the subconscious mind.It is that GUNS qua “ASSAULT WEAPONS” are an EVIL, sometimes unadulterated, pure evil—at such time when “THE SENTIENT AGENT (A MANIACAL KILLER) murders children.But, GUNS qua “ASSAULT WEAPONS” are a (GOOD (OR AT LEAST NEUTRAL)) “NECESSARY EVIL” where another SENTIENT AGENT (THE TRAINED, CAPABLE, AND DETERMINED POLICE OFFICER) uses his WEAPON to KILL the KILLER.In other words, it takes a “SHOOTER” TO KILL A SHOOTER.” But isn’t that what armed self-defense is all about? And, if that is a commendable act for a police officer, why should that act be any less commendable if performed by the average civilian in defense of his or her life and that of one’s family?The Head of The Covenant School in Nashville, Katherine Koonce, whom one news account attributes with saving the lives of many of the school children, but at the cost of her own, as she ran directly toward the killer, Audrey Hale, had undertaken, according to the source, “active shooter training,” but the nature of that training was not provided. The author of the article, Billy Hallowell, writing for faithwire.com said he “cannot” (or would not) provide details.
THE ANTI-SECOND AMENDMENT BIDEN ADMINISTRATION AND THE ANTI-SECOND AMENDMENT DEMOCRAT-PARTY ESTABLISHMENT THAT INCLUDE THE LEGACY PRESS ARE FIXATED ON DENYING AMERICANS’ NATURAL LAW RIGHT TO ARMED SELF-DEFENSE
The Biden Administration and other Anti-Second Amendment elements treat the common people as random bits of energy that, at any time, can go off the deep end, and their tendency for violence, i.e., “GUN VIOLENCE,” must therefore be constrained.The notorious American Federation of Teachers (AFT), a politically connected organization tightly aligned with the Biden Administration, posits:“A diagnosis of mental illness does not predict gun violence,”—a true statement—but the AFT, then uses that statement to declare, “Gun control can help prevent gun violence,” implying that, because no can know for certain who will one day go off on a killing spree, the better course of action dictates disarming the public, beginning with a ban on “ASSAULT WEAPONS”—i.e., all semiautomatic firearms.Recall that Biden’s first nominee to head the ATF, David Chipman “. . . believes those tens of millions of semi-automatic rifles should be reclassified as machine guns, which would require registration with the government and the payment of a $200.00 tax stamp for every legally purchased and possessed firearm, with the potential of a 10-year federal prison sentence for those who simply kept their guns without registering them under the National Firearms Act.” See the article in bearingarms.com, posted on May 21, 2021.
WHAT IS REALLY GOING ON HERE?
The United States has this—an Armed Citizenry—both a FACT and an IDEA. The FACT and the IDEA are A Reality: insistent, resilient, and tenacious, not easily ignored or dismantled.Getting guns out of the hands of the citizenry is a physical matter—difficult enough. But, to force the public to forfeit an idea requires the Biden Administration to get inside the mind of Americans and, once inside the American psyche, to reshape it in such a way, that the psyche would willingly turn away from and forsake its natural law, eternal rights.Self-preservation is innate in all living creatures. Americans have a strong desire to protect “self” and to protect one’s offspring. Self-defense is a natural law, fundamental, eternal right. And armed self-defense is not a difference in kind. The natural law right to armed self-defense simply means that an individual has the unalienable right to utilize the most effective means available to ensure his or her life. And for hundreds of years the best means of ensuring one’s life is with a firearm.The propagandists working with and through both the Biden Administration, the Legacy Press, social media, and galvanizing a base of supporters, seduced by the fallacious rhetoric, have devised a stratagem to cajole more and more Americans to turn away from the natural law right to armed self-defense.The stratagem involves psychically weakening, fracturing the idea of “GUNS” as a mechanism for one’s self-preservation by focusing on the murder of young children by gun-wielding maniacs.But the stratagem embodies a fatal flaw that undermines one’s confidence in the seriousness of the effort.If the Biden Administration’s concern for the life and well-being of children, while attending school were truly forthright, earnest, and sincere, then the Administration would be duty-bound to encourage implementation of all measures that would best ensure the physical safety of the children while in school.What would that mean? It means the Biden Administration would encourage officials of public and private schools to harden their schools against armed attack. There are specific measures that, once implemented, would prevent an aggressor from entering a school, and possibly deter that aggressor from contemplating an attack on a hardened school. This isn’t a supposition. It’s fact.The New York Post reported that,“Police said Hale was equipped with at least two assault weapons and a handgun, and in searching her family home in Nashville, officers found detailed maps and a manifesto of the attack.‘We have a manifesto, we have some writings that we’re going over that pertain to this day,’ Nashville Metropolitan Police Chief John Drake said about the discovery.He added that Hale was ‘prepared to do more harm than was actually done,’ and that she had drawn up plans to attack another school in the area, but backed out of them because the school was too secure.” See also article in Newsweek.“Drake told reporters that ‘there was another location that was mentioned, but because of threat assessment by the suspect, too much security, they decided not to.’”Drake also said, as reported in newsweek,“. . . that Hale had come with ‘multiple rounds of ammunition’ and ‘prepared to do more damage than was actually done,’ having been stopped from carrying out further bloodshed after being fatally shot by responding officers.”We can infer from these synopses, that Audrey Hale had meticulously planned out her murder of children, and that she considered and deliberately avoided attempting to penetrate any school that she knew as secured against assault.The Police Chief points out that the quick actions of his Officers had prevented Audrey Hale from murdering more children. But, that raises the question: “Suppose well-armed resource officers, or off-duty or retired police officers, had been employed to patrol the Coventry School corridors and school grounds, would utilization of armed personnel not have prevented the killer from gaining entrance to the School, or, would they not, otherwise have stopped the would-be killer immediately had she succeeded in gaining entry into the School?Did Joe Biden get the message? Apparently not. He never mentioned the need to harden schools. It wasn’t on his radar, not in this instance or in any prior instance. And so school shooting recur. There is an immense and disconcerting disconnect between Biden's ostensible concern over school shootings, as seen through the florid language he employs, and a resolute stance AGAINST implementing measures to curtail these horrific school shootings from reoccurring from time-to-time, as inevitably they do. After the Coventry School tragedy, Biden said this, as reported in usnews.com.“It’s sick. It's heartbreaking . . . a family's worst nightmare,’ Biden said in brief remarks at the White House before beginning a planned event on women-owned small businesses.‘We have to do more to protect our schools so they’re not turned into prisons. You know, a shooter in this situation reportedly had two assault weapons and a pistol, two AK-47. So I call on Congress again to pass my assault weapons ban.’”Apart from the gaffe pertaining to “two AK-47”, Biden’s point about not turning schools into prisons alludes directly to his absolute refusal (and that of his Administration) to entertain securing schools from armed attack. (Biden doesn't know a damn thing about firearms but he would ban all of them if he could). The words, “We have to do more to protect our schools” are both telling and vacuous. They are telling because the term, ‘children,’ is noticeably absent from the declaration. It is children that need protecting, and hardening the schools against attack, serves to protect the lives and well-being of the children. And Biden's declaration is hollow and vacuous because he isn't serious about protecting children. His concern, and the concern of his Administration is directed solely to confiscation of firearms from the hands of millions, nay tens of millions, of Americans, the commoners. That one-dimensional view of school shootings is the beginning and the end of the matter for Biden and his Administration. And he rails against Congress. The Hill reports, on March 3, 2023,“President Biden on Tuesday argued that he can’t do much more to curb gun violence other than plead with Congress to act, blaming lawmakers for their lack of legislation to ban assault weapons following another deadly school shooting — this time in Nashville.”The Biden Administration won't even give lip service to hardening schools against aggressive armed assault. The Administration vehemently opposes that. And, such vehement opposition to securing schools against armed attack is particularly alarming, because securing schools against armed attack does work. In fact, as noted supra, the Nashville, Tennessee Police Chief, John Drake, pointedly asserted that Audrey Hale intentionally avoided attempting entry at another school, after consideration, precisely because she was aware that this second school was impenetrable. She was a homicidal maniac, sure. But, unlike Joe Biden, and the other puppets in his Administration, she wasn't a colossal idiot.“In Thursday's White House press briefing, Karine Jean-Pierre made the Biden administration's clearly partisan position clear regarding legislation aimed at making schools and students safer: Biden won't consider anything other than a ban on ‘assault weapons.’As Townhall reported earlier on Thursday, Republican Senators Marsha Blackburn and Bill Hagerty of Tennessee introduced the SAFE Act, a $900 million grant program to help public and private schools harden their physical security and hire veterans and former law enforcement officers as additional security and as a deterrent to assailants.But the White House, according to Karine Kean-Pierre, isn't interested in taking steps to make schools safer for the students who attend them by making it more difficult for assailants to enter the premises, introduce trained individuals who could defend schools and the students within them, or create more deterrents that could dissuade a would-be assailant from targeting schools in the first place.” See townhall.com.And there you have it: “Biden won't consider anything other than a ban on ‘assault weapons.’” This means either that Joe Biden and his Administration don't give a damn about the life of an innocent child while in school, as that child is completely dependent on a school's administration to provide for that child's physical safety and well-being, OR that Joe Biden and his Administration see that the death of a child HAS UTILITY — THAT IT Serves a useful purpose.COLDLY AND CALLOUSLY INDIFFERENT TO THE LIFE OF AN INNOCENT CHILD, OR COLDLY AND CALLOUSLY CALCULATING, PERCEIVING THE DEATH OF AN INNOCENT CHILD AS USEFUL TO SECURING AN OBJECTIVE: GAINING PUBLIC SUPPORT FOR A WHOLESALE CIVILIAN CITIZEN BAN ON "ASSAULT WEAPONS," I.E., A WHOLESALE BAN ON SEMIAUTOMATIC WEAPONS—IN FURTHERANCE OF A GOAL: SUBJUGATION OF THE AMERICAN CITIZENRY AND DESTRUCTION OF A FREE CONSTITUTIONAL REPUBLIC TO PAVE THE WAY FOR A NEO-FEUDALISTIC WORLD EMPIRE.THE ONE POSSIBILITY IS HORRIBLE AND HORRENDOUS TO CONTEMPLATE. AND THAT IS BAD ENOUGH. BUT, THE SECOND IS MIND-NUMBINGLY HORRIFIC, THE VERY CRUCIFIXION OF SANITY, AS THE SANCTITY AND INVIOLABILITY OF THE LIFE OF A CHILD AND THE LIFE OF ANY AMERICAN IS CONSIDERED TO BE WORTHLESS. Logically, one or the other position is the case. There is no getting around this, given WHAT JOE BIDEN AND HIS ADMINISTRATION SAYS AND WHAT THEY DO!SUCH IS THE MINDSET OF THE COLLECTIVIST—AN ACOLYTE OF AN IDEOLOGY THAT IS COMPLETELY ANTITHETICAL TO THE TENETS OF INDIVIDUALISM UPON WHICH THE BLUEPRINT OF OUR NATION, THE U.S. CONSTITUTION, IS CONSTRUCTED.This refusal to even consider hardening schools is inexplicable if Biden and his Administration are serious about protecting a child’s life. But, THEY AREN'T. That fact is clear and inescapable.The lack of empathy for the life of an innocent child is an inference to be derived from present and previous assertions made by both Biden and his Press Secretary, and those assertions put the lie to any claim that anyone who supports Trump might say: that he cares one whit about the the death of children and the heartbreak that the death of a child causes parents.The Arbalest Quarrel has written extensively both about this and about the basic strategies that schools can and should implement to protect their students and staff. See, e.g., AQ articles posted on March 13, 2018, November 17, 2022, January 30, 2023, February 9, 2023, and February 23, 2023.Biden only talks about banning firearms—those, by the way, “in common use”—those held by millions of average, responsible, and level-headed Americans. It is these firearms he refers to by the false pejorative, “weapons of war.”And from yahoo.com, we have this,“President Joe Biden said Tuesday in the wake of the latest US school shooting that most Americans think owning the types of military style rifles regularly used to carry out such massacres is ‘bizarre.’‘The majority of the American people think having assault weapons is bizarre, it's a crazy idea. They're against that,’ he told reporters at the White House when asked how to respond to the incident in Nashville, where a heavily armed former student gunned down three children and three staff before being killed by police.”What is this “majority” of Americans is Biden talking about? The only thing “bizarre” here is Biden’s comment about “AR-15 Style Rifles.” See article in Business Insider.“Around 19.8 million AR-15 style rifles are in circulation in the US, a nationwide tally that's surged from around 8.5 million since a federal assault weapons ban expired in 2004.The more recent estimate comes from a November 2020 statement by the National Shooting Sports Foundation. In the statement, its President and CEO Joseph Bartozzi called the AR-15 the ‘most popular rifle sold in America’ and a ‘commonly-owned firearm.’”See also article in Forbes. Even an attempt at a ban is ludicrous on many levels.Perhaps Biden would like to see a little Civil War? The attempt to institute a comprehensive ban on semiautomatic rifles would do just that.But more to the point, apart from this fixation of “GUNS,” why does Biden oppose securing the schools? A desire to ban firearms in the general population, while ludicrous, is not inconsistent with securing schools from an armed lunatic desirous of gaining entry for the purpose of murdering children. Yet, Biden opposes securing schools. What can possibly explain this?We can draw only one inference—one that is horrific to consider but the only plausible one that is consistent with a single-minded FIXATION ON A NATIONWIDE “ASSAULT WEAPON” BAN and “ABSOLUTE REFUSAL TO COUNTENANCE SECURING SCHOOLS FROM ARMED AGGRESSION.”Joe Biden, and his Administration and the Press, and the Democrat-Party machinery see school children as useful cannon fodder in support of an agenda: the destruction of a free Constitutional Republic and a sovereign people. And exclaiming that loss of children to “GUN VIOLENCE” is awful, but relishing the utility of their death in service to their agenda makes their disingenuous words even more noxious.The Biden Administration and other Anti-Second Amendment interests know that nothing stokes the public more and tugs at the heartstrings than the senseless death of a young child. If anything can encourage more Americans to get onboard with mass confiscation of a popular firearm for self-defense, it is the senseless death of a child from a lunatic who murders a child with the instrument the Government wants to preclude the common man from possessing.The cold and callous Biden Administration knows this and uses the public's moral conscience against itself. School shootings will therefore continue because the Administration wants them to continue. The Administration is fixated on only one thing: disbanding the Armed Citizenry, the one mechanism that alone can ably resist Tyranny. Until it gets what it wants, a wholesale civilian citizen ban on semiautomatic weaponry, the Biden Administration will allow for, even encourage, school shootings to continue. The Biden Administration will do nothing to curtail school shootings. Killers get the message and willingly, gleefully, oblige Joe Biden and his Administration.And why is the Biden Administration so fixated on “semiautomatic weapons?”The Administration is fixated on those weapons precisely because they are popular with the public — See article ingunsandammo.com, — and they are useful instruments, in fact, highly effective tools for the purpose of self-defense, against creature, against an aggressor, and, most importantly (in the mindset of the Biden Administration), against Government Tyranny.The Armed Citizenry will never permit a free Constitutional Republic to fall. The Armed Citizenry has both the means and the will to resist a Government, this Government, from destroying the sovereignty of the American people over Government. That fact makes this caretaker Government and the secretive agency behind it apoplectic with rage.The life of an individual, child or adult means nothing to a TYRANT. A Tyrant’s goal is the accumulation of power in HIM or ITSELF. An armed citizenry is the bane of all Tyrants.Is the Biden Administration A Tyrant? No. Biden and those making up his Cabinet and other high offices are too stupid, inept, and craven to be considered a Tyrant. They aren't TYRANTS themselves, but they are compliant, base, and corrupt, and lust for the trappings of power, while not actually wielding power. Biden and the rest are compliant, obedient, servile tools in the employ of formidable, powerful, wealthy, malevolent, forces that are the true TYRANT.The Biden Administration is in league with these secretive, powerful, ruthless interests, operating both here and abroad. And Biden and his Administration pay homage to these forces and swear allegiance only to them.The Biden Administration is best perceived as a Governor-General in service to powerful interests that utilize the Administration, as their willing servant, to gain control/mastery over the Republic and the American people. These ruthless interests control the currency of the Nation, and are intent on confiscating the weaponry of the citizenry. With the collapse of the economy and the Nation's institutions, a new neo-feudalistic world empire can emerge. The empire envisioned has many names. The ones recently utilized are the “Liberal Rules-Based International Order,” which Anthony Blinken has referred to, and the (SOROS) “Open-Society.” If there is doubt about any of this, just focus on the recent and most formidable, disheartening, and alarming outrage:THE IMPENDING CRIMINAL INDICTMENT OF DONALD TRUMP, PAST UNITED STATES PRESIDENT, AND FRONT-RUNNER IN A 2024 SECOND-TERM BID. A GEORGE SOROS-CONTROLLED TOADY, ALVIN BRAGG, A CRASS AND CRAVEN OPPORTUNIST WHO LIKELY HAS BEEN PROMISED THE NEW YORK GOVERNOR’S MANSION FOR SERVICES RENDERED TO HIS SECRET WEALTHY BENEFACTORS HAS BROUGHT PSEUDO-CRIMINAL CHARGES AGAINST TRUMP. BUT IT IS THE AMERICAN PEOPLE, THE TRUE PATRIOTS, WHO ARE, BY EXTENSION, PERCEIVED AS CRIMINALS, WITH TRUMP.THE CRIME? FAILURE TO FORSAKE THEIR CONSTITUTION AND BILL OF RIGHTS, AND SOVEREIGNTY OVER GOVERNMENT, AND WILLINGLY ACCEDE TO THE REALITY OF A POST-NATION-STATE WORLD. ____________________________________Copyright © 2023 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
WHY DO SOME SCHOOL DISTRICTS EMPLOY ARMED RESOURCE PERSONNEL IN THEIR SCHOOLS WHILE OTHERS DO NOT?
A PSYCHIC DISTURBANCE PERVADES THE THOUGHT PROCESSES OF MANY SCHOOL DISTRICTS: A SINGLE-MINDED, ABERRANT ANTIPATHY TOWARD AND FOCUS ON GUNS PREVENTS THESE DISTRICTS FROM INSTITUTING PROVEN SECURITY MEASURES THAT DO WORK AND, IF IMPLEMENTED, WOULD PROTECT CHILDREN FROM THE DANGER POSED BY VIOLENT ARMED AGGRESSORS
MULTISERIES ON THE ISSUE OF SCHOOL SAFETY
PART TWO
There are 731 School Districts in New York.But how many of these Districts have established an effective security plan?An effective plan incorporates armed resource personnel. The South Huntington School District (SHUFSD) knows this and has designed a plan for school security utilizing armed resource personnel. On Wednesday, January 25, 2023, updated on January 26, 2023, two reporters, John Asbury and Craig Schneider, writing for “Newsday,” a leading news source for Long Island and New York City, discussed this plan. They said, “Armed guards will be stationed outside all South Huntington school buildings by the end of the month, one of several Long Island districts making that choice as school shootings continue to be a terrifying national trend.” The reporters added, that, “[t]he South Huntington school board voted unanimously Wednesday to implement the new security measure.” In a follow-up “Newsday” article, published on January 28, 2023, the reporter, Craig Schneider, cited remarks of Dennis Callahan, who heads the South Huntington Teachers’ Union, writing,“The head of the teachers union for South Huntington schools said Friday that his members have strong but very different opinions on the district's decision Wednesday to use armed guards at schools.‘I have members who are thrilled about it and others who are vehemently opposed,’ said Dennis Callahan, who also teaches AP Spanish at Walt Whitman High School in the district.The South Huntington school board voted unanimously to spend $750,000 to hire an undisclosed number of armed guards, who officials said will be stationed outside the seven school buildings by the end of the month. School Superintendent Vito D'Elia pointed to the long string of shootings in school settings in this country.On Friday, Callahan said teachers supporting the move ‘say we are in an unsafe world, and we need to do everything in our power to ensure that when students come to school in the morning, they get home safe.’Those opposed, he said, worry that ‘bringing weapons into school opens the door to more violence.’”How can the utilization of armed resource officers “open the door to more violence”? The idea is more than a trifle vague. Let’s delve into this.Are teachers who oppose armed resource officers afraid the officers would themselves turn on the students and administrators and staff, developing or harboring violent proclivities and thereupon becoming violent? If so, what evidence is there of any such incident ever before occurring in a school that utilizes armed resource officers? These teachers proffer none because there is none. Nothing like that has happened. And there is no reason to suggest an incident of this sort would ever happen. The idea does not merit serious consideration. It leads one down a blind alley.What then can one make of the claim that utilizing armed resource officers would open the door to more violence? Perhaps, teachers who oppose a school security plan utilizing armed officers simply abhor the idea of guns in the school or on school grounds regardless of the benefits derived from having armed officers in the schools and thereupon conjure up an unlikely scenario. If so, there is, in the assertion, a note of hysteria, grounded on a neurotic phobic reaction to the very thought of “guns” and gun-wielding guards. We explore this idea, infra.Perhaps, as a sop to those teachers who suffer from an irrational fear of firearms, or, otherwise, in spite of that irrational fear of firearms felt by many within the District, the South Huntington Board of Education said armed personnel would be stationed outside school buildings, never inside the buildings.A school district that refuses to utilize armed resource officers cannot effectively “harden” schools against a dangerous armed threat. This should be obvious to everyone. Apparently, it isn’t since many school systems refuse to acknowledge this. A fanciful notion, devoid of demonstrative proof or logical validity, leads one down a blind alley. All the more horrific to consider that irrational feverish beliefs inform a school district’s policy decisions. And it is the children who pay the price.Consider: One of the largest school districts in the Country, the New York City School District (UFT), has opted out of using armed resource personnel.“Too many elected officials, school boards, and teachers’ union leaders propose solutions that don’t work.They aren’t interested in listening to parents who, increasingly, have little voice in the matter of their children’s education and no voice in the matter of their children’s personal safety while in school.Their solution to school shootings proposed boils down to one thing: ‘Get Rid of the Guns.’” See the Arbalest Quarrel article, satirically titled, “How to Guarantee Future School Shootings,” published, on November 17, 2022, by Stephen L. D’Andrilli, CEO and President of Arbalest Group, LLC.The failure of some people to recognize the difference between lawful uses for guns and unlawful criminal misuse points to the evident effectiveness of an elaborate propaganda campaign perpetrated on the public and vociferously and monotonously perpetuated for the last few decades.It is a campaign that involves many actors—news media, pundits, politicians, antigun activists, and powerful health organizations, like the “American Medical Association” (“AMA”) and the “Centers for Disease Control and Prevention” (“CDC”).These multivarious actors are all focused on and draft narratives around this thing, “Gun Violence.”Well, there are “Guns” in our society and there is “Violence” in our society, too. All that is true enough.But the words ‘Gun’ and ‘Violence’ aren’t synonymous. It is only thinking of the two as inseparably linked that would make it seem so.Conjoin two disparate words ‘Gun’ and ‘Violence’ and, voilà, the propagandist has, in that, a shorthand rhetorical device, ‘Gun Violence,’ a neologism—one in service to an insidious agenda, centered around a nefarious end, injurious to a free Constitutional Republic: the disarming of the American citizenry.The aim is the elimination of the natural law right of the people to keep and bear arms in defense of self and in defense of innocent others.Americans will not readily sacrifice their Bill of Rights. They must be urged to do so.It takes ingenuity and subterfuge to coax Americans to willingly forsake rights and liberties that no other people of any other nation on Earth possess.The phrase, “Gun Violence,” is a viral meme, infecting the psyche of the public. If the pursuit of public health and safety is the goal, the reduction of “Gun Violence” is the theme played and with little variation to get the public there. Or so the public is told. And many there are who swallow the lie.The American public is presented with the classic “false dilemma” fallacy narrative:TOTAL CIVILIAN DISARMAMENT AND A PEACEFUL, SAFE, WELL-ORDERED, WELL-ENGINEERED, HARMONIOUS, SOCIETY VERSUS THE WELL-ARMED CITIZEN AND CONTINUOUS, UNINTERRUPTED, SAVAGE, RAMPANT GUN VIOLENCE.THIS ONE OR THAT ONE ONLY: THE ONE OR THE OTHER, BUT NOT BOTH, AND NOT NOT EITHERBut the tension isn’t real. The armed citizen, which, in the context of schools, is the armed resource officer, does not aggravate the threat of criminal violence by virtue of being armed. This is contrary to the view of many teachers and board members. The officer mitigates and repels that armed aggressive threat. Similarly, the armed civilian citizen neither causes nor adds to criminal violence, but rather mitigates criminal violence.Many Americans fail to perceive this. Many simply cannot perceive this. But, perversely, many others have the desire not to perceive this.And, the UFT, for one, certainly cannot see this. That says much of the cunning of those who instigate this incendiary narrative of “Gun Violence” while being careful to omit any mention of “Criminal Violence.” There is a method to this madness.The propagandists emphasize the object “The Gun” while, at once, deemphasizing the agents of violence: “the Criminal” and “the Lunatic.”This false narrative has a profound effect on the policy choices that politicians see available to them. The policy choices made, invariably endanger, rather than safeguard, their respective communities.Similarly, this false narrative has a profound effect on the choices that school districts make when designing a security plan for their schools. Some districts eschew the “hardening” of schools altogether, single-mindedly focused, as they are, on their abhorrence of “Guns.” Focusing entirely on guns, they conclude that children cannot be safe until or unless all guns are eliminated from society. That is impossible, a ridiculous demand, and one that would not prevent rampant violence anyway, as long as criminals and lunatics run amok in society. And, they would continue to run amok. The forces that crush western nations and people realize the usefulness of sociopathic and psychopathic elements to destabilize nation-states if allowed to do so, and they are given free rein to do just that in the United States.Such absolutism compels one to believe falsely in the futility of securing schools from harm. But Progressives, who ascribe to this absolutism comprise the majority of these School Boards. They make all kinds of excuses for the behavior of the worst sort of deviant types, placating them, unable to comprehend that these same lunatics and psychopaths have no regard for the hand that feeds it, and will readily bite it off if given the chance. So, these Progressives, these smug do-gooders, vent their wrath on Americans who would dare exercise their right to armed self-defense to thwart the destructive elements allowed to pillage and destroy businesses, homes, people, and institutions, with abandon. Progressives comprise the majority of these School Boards. They make all kinds of excuses for the behavior of the worst sort of deviant influences, placating them, unable to comprehend that these same lunatics and psychopaths have no regard for the hand that feeds it, and will readily bite it off if given the chance. Instead, these Progressive do-gooders, vent their wrath on Americans who would dare exercise their right to armed self-defense to thwart the destructive elements allowed to pillage and destroy businesses, homes, people, and institutions, with abandon. These Progressives direct their energy against the average law-abiding, rational, responsible, gun-owners, and against the mechanism of their survival, the firearm, believing firmly, and nonsensically, that disarming the gun owner and destroying guns will safeguard society, secure the public schools, and protect the children. It will do no such thing. Consistent with that belief system, Progressive members of School Boards believe safeguarding children is impossible where guns are prevalent in society. Knowing that they will not get rid of guns nor that they will be able to defeat the exercise of the natural law right to armed self-defense, these Progressive school board members, disgruntled, and enraged, but refusing to acknowledge defeat, forsake designing, and implementing any security measures, hoping and trusting or simply desirous that the life of their charges will one day, in a Golden Age, be safeguarded once guns all disappear from the face of the Earth. Till, then, they will do nothing to protect the children in their schools. It is a kind of Nihilism that sweeps through these School Districts, pervading all thought, a sickness hidden in plain sight only because the highest officials and functionaries of Government suffer from the same ailment, a psychic disturbance wrought by those poor sorts that have inculcated the psychotic dogma of Diversity, Equity, and Inclusion, a dogma incompatible with our Nation's rational historical, political-philosophical creed, embodied in our natural law rights, emanating from the Divine Creator, that the new false secularism repudiates out of hand.These school districts hope the children in their care will be safe but believe they really won't be, and that, since nothing can be done, to prevent, in their mind, harm to their charges, they feel it is senseless to even try. So, they won't.This bizarre position emanates directly from the thinking of the repugnant Biden Administration itself. And, unsurprisingly, but no less unfortunate, many school districts, including the UFT, take their cue from this Federal Government. See June 6, 2022, report in Breitbart.And, since the public psyche is infected with the false notion that the existence of guns invariably threatens the physical and emotional health and safety of children, many public schools around the Country have opted out of employing armed personnel in schools.So it is, that some school districts, apparently so disheartened, disillusioned, and embittered as a result of their obsessive fear over the “proliferation” of guns and this thing, “Gun Violence,” have refrained from undertaking instituting any measures whatsoever. Consider, e.g., a 2007 report from the “National Institutes of Health” (“NIH”), that must bear some responsibility for this.A long-running campaign of psychological conditioning, undertaken by a plethora of organizations over a broad landscape of institutions, often operating in concert, and on an industrial scale, has succeeded in causing psychopathy in the minds of many Americans.And this elaborate propaganda campaign negatively impacts the decisions political leaders make: Governors of States, Mayors of Cities, and Members of School Boards.So powerful is this propaganda campaign that many Americans do not distinguish, indeed cannot distinguish, between criminal use of guns on the one hand, and non-criminal proper, lawful use of guns by average, rational, responsible, law-abiding people, on the other hand.The founders of our free Constitutional Republic would be puzzled indeed to consider that such a failure of reason could gain such wide currency.The founders of our Republic, the framers of our Constitution were acutely aware of the profound importance of firearms to both the creation of and maintenance of a free RepublicThey were certainly aware of the profound importance of firearms to the creation of and maintenance of a free Republic where the common man would stand and must stand sovereign over Government lest tyranny arise, as tyranny must, where good men have neither the will nor the means to prevent it.Guns are only a tool, inanimate objects, but necessary ones. Like any tool, a gun can be utilized for good or ill, dependent upon the nature of the sentient agent who wields it. A “firearm,” being insentient, is incapable of engaging in harm initiated by itself but listening to antigun zealots, one tends to hear them argue otherwise.The founders of our free Constitutional Republic certainly were aware of the importance of firearms as the most effective means to successfully safeguard human life from predatory creatures, predatory men, and predatory Governments. Our Country would not exist without the will and courage of these men, our Founders, and the means required to repel tyranny.Knowing this, one is left to ponder that——The failure of so many Americans to recognize the utility of firearms (“Guns”) as a source of positive good must be by design.The danger to the life, safety, and well-being of innocent Americans, especially children, is palpable.Sadly, there are powerful, ruthless forces machinating against the well-being of our Nation and its people, and they exert that influence on politicians at all levels of Government, and on businesses, media, the Press, and school boards across the Nation—with devastating effect. The felt impact of this, demonstrated by the money and time spent to undermine the natural law right to armed self-defense, is too much in evidence to be reasonably denied.Inducing in the psyche of a person a deep-seated phobia toward “the Gun,” such that a person finds nothing salvageable in it, suggests a dark and sinister intent of powerful forces to disarm the citizenry. That influence manifests in poor policy choices of Government officials, across the board, leading inevitably to rampant crime in our communities, lax security in our public schools, and the collapse of our sacred rights, and liberties, and institutions.____________________________________Copyright © 2023 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
ANTONYUK VS. NIGRELLI (ANTONYUK II): IS THIS CASE DESTINED TO BE THE FOURTH SEMINAL U.S. SUPREME COURT PRONOUNCEMENT ON THE SECOND AMENDMENT OF THE BILL OF RIGHTS?
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IMPORTANT NOTE TO OUR READERS: THE ARTICLE POSTED YESTERDAY UNDER THE TITLE, "THE MEANING OF THE SECOND AMENDMENT IS CLEAR, AND THE U.S. SUPREME COURT HAS SPOKEN, BUT THE BIDEN ADMINISTRATION AND NEW YORK GOVERNOR HOCHUL HAVE OTHER PLANS," HAS UNDERGONE A SUBSTANTIAL REWRITE, TO SUCH AN EXTENT, THAT WE FELT IT BEST TO POST THIS NEW ONE AS A DISTINCT ARTICLE, AND WITH AND UNDER A NEW BANNER. WE HAVE KEPT THE ORIGINAL ARTICLE, AS POSTED, TO BE FAIR TO ALL OUR READERS. YOU MAY WISH TO COMPARE THE TWO. BUT, IF YOU FIND DISCREPANCIES IN POINTS MADE, BE ADVISED THAT THIS INSTANT ARTICLE CONTROLS. IT REPRESENTS OUR SOLE POSITION AND PERSPECTIVE ON THE MATTERS DISCUSSED. THANK YOU.
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POST-BRUEN—WHAT IT ALL MEANS AND WHAT ITS IMPACT IS BOTH FOR THOSE WHO SUPPORT AND CHERISH THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS AND THOSE WHO DO NOT; THOSE WHO SEEK TO UNDERMINE AND EVENTUALLY DESTROY THE EXERCISE OF THE RIGHT AND THOSE WHO SEEK TO PRESERVE AND STRENGTHEN THE RIGHT BOTH FOR THEMSELVES AND THEIR DESCENDANTS
MULTI SERIES
PART TWENTY
SUBPART ONE OF PART TWENTY
THE MEANING OF THE SECOND AMENDMENT IS CLEAR, AND THE U.S. SUPREME COURT HAS SPOKEN, BUT THE BIDEN ADMINISTRATION AND NEW YORK GOVERNOR HOCHUL HAVE OTHER PLANS
PART ONE{INTRODUCTORY QUOTATION}“The Constitution shall never be construed to prevent the people of the United States who are peaceable citizens from keeping their arms.” ~Samuel Adams, American Statesman and Founding FatherThe importance of Heller, McDonald, and Bruen cannot be overstated. These cases, together, establish the Court’s recognition of, one, the immutable, eternal right of the people to keep and bear arms, two, that this right shall not be infringed, and, three, that the armed citizenry is necessary to the security of a free State.The existence of and maintenance of a free Constitutional Republic is impossible without a well-armed citizenry.To understand where we are, at the start of a new year, we must retrace our steps back to 2020.Biden and the Democrat Party will up the ante in their attack on the Second Amendment. That is indisputable.In 2022, this assault on the right to armed self-defense against the predatory beast, predatory man, and, worst of all, predatory Government, became manifest.In early February 2021, we pointed out, in our article, titled, “The Biden Plan for the Political and Social Remaking of the American Landscape,” that——“During his first two weeks in Office, Joe Biden signed over 40 executive orders or similar executive edicts. And he isn’t done. A few days into February and we can expect to see 50 or more Presidential executive orders and other edicts.” This is unheard of.For comparison, we pointed to a news report published in February 2021, positing that,“President Donald Trump signed four in his first week in 2017; President Barack Obama signed five in 2009; President George W. Bush signed none in his first week in 2001; and President Bill Clinton signed one in 1993.”Apparently, Biden and the puppet masters who control him would waste no time reversing the gains Trump had made in setting the Nation back on course, consistent with the aims of the founders of our Nation: To maintain a strong and independent, sovereign Nation-State, and free Constitutional Republic.The Neoliberal Globalists have reverted to their agenda, set in motion by George Bush and Barack Obama, aimed at dismantling a free Republic and eliminating the exercise of Americans’ natural law rights through which the citizenry maintains its lawful sovereign authority over the Nation and Federal Government, and over its own destiny.Also, in that February 2021 article, the reporter pointed out that——“The twin issues of ‘guns’ and ‘gun violence’ will be much discussed in the weeks and months ahead. That much is certain.Will Biden sign an executive order banning assault weapons’ and will he sign a flurry of other antigun laws as well, not bothering to wait for Congressional enactments?Don’t think this is improbable. In fact, with all the banter of gun-toting ‘white supremacists’ and right-wing ‘domestic terrorists’ and with thousands of National Guard troops camped out in the U.S. Capital, and with the constant denigration of and growing suppression of conservative dissent, something is definitely afoot. In fact, the Democrat Party propaganda machine is in overdrive. The propagandist newspaper, NY Times, for one, has laid the groundwork for an assault on ‘guns.’”Our remarks and those in the news article were prescient.In June 2022, due to Congressional Democrats and scurrilous Congressional Republicans, Biden “signed into law into law the first major federal gun reform in three decades, days after a decision he condemned by the Supreme Court expanding firearm owners’ rights.” See the article in Reuters.Dutifully, compliantly obeying the orders of his Administrative nursemaids and caretakers, who themselves take orders from shadowy, sinister forces from on high, the Biden puppet also took aim at the millions of civilian citizens who own and possess semiautomatic weaponry and components of the weapons.But what is especially important here is a remark Biden conveyed to the Press, as reported by Reuters, in that same June 2022 article.“‘The Supreme Court has made some terrible decisions.’” The demented fool probably didn’t know what specific U.S. Supreme Court cases his caretakers ordered him to refer to. No matter. All Americans should know. And America’s Patriots do know.One was Dobbs vs. Jackson Women’s Health. The other was NYSRPA vs. Bruen. Both decisions are important. But, of the two, the latter is much more important. The latter case pertains directly to the security of a free State. The former does not.NYSRPA vs. Bruen is the latest in a Supreme Court jurisprudential “trilogy” of seminal Second Amendment cases. Yet, the Biden Administration and some State Governments have openly defied the U.S. Supreme Court, and, worse, have openly demonstrated visible contempt for the High Court.At both the Federal Level and State Levels, powerful malevolent and malignant forces have directed their assault on America’s Second Amendment. Biden and New York Governor Kathy Hochul are the public faces behind shadowy orchestrators, passing along orders surreptitiously to their puppets.Our Free Constitutional Republic is in dire jeopardy.New York State Government and actions of other States since Bruen demonstrate all the fervor, ferocity, and audacity of those State governments to go their own way, blatantly disregarding Bruen as they disregarded Heller and McDonald. This has resulted in a plethora of new litigation against the States by Americans who desire only to exercise their natural law right to armed self-defense.The number of cases filed and progression of post-Bruen case law decisions in New York, alone, point to Americans’ adoration of the natural law right to armed self-defense and to the extraordinary lengths they will go to compel rogue States to adhere to both the plain meaning of the Second Amendment and to those U.S. Supreme Court rulings cementing the Second Amendment in the American psyche.This points to a tremendous disconnect between the Country Americans know and love, and an alien, monstrous non-nation the Biden Administration and many States, in league with the Biden Administration, wish to thrust on Americans, against their will.__________________________________________
A TREMENDOUS CLASH IS AT HAND BETWEEN THE U.S. SUPREME COURT RULINGS IN BRUEN AND THE NEW YORK GOVERNMENT’S REPUDIATION OF BRUEN
SUBPART TWO
{INTRODUCTORY QUOTE}“It is the greatest absurdity to suppose it in the power of one, or of any number of men, at the entering into society to renounce their essential natural rights.” ~ Samuel Adams, American Statesman, and Founding FatherOnce the U.S. Supreme Court published the Bruen decision, the Hochul Government, anticipating the decision, was prepared for it. It had been prepared for the Bruen decision for months. The State Senate in Albany quickly enacted amendments to its Gun Law, designed to operate in defiance of the rulings and to further constrain the exercise of the right of the people to keep and bear arms, and Governor Hochul immediately signed the amendments into law. Holders of valid New York concealed handgun carry licensees reviewed the amendments as quickly as Hochul had signed them into law. They were not amused. And they were the first out of the gate, in any jurisdiction, to challenge the constitutionality of those lengthy amendments to the New York Gun Law, which, as a body, were referred to as the “Concealed Carry Improvement Act” (“CCIA”).The Bruen decision came down on June 23, 2022. Hochul signed the CCIA into law on July 1, 2022. And Plaintiffs filed their case, Antonyuk vs. Bruen (Antonyuk I) on July 11, 2022.Since then, both Antonyuk I and a plethora of other cases wended their way through New York’s Federal Courts. But none are more important than that first case, as it is the first one to make its way to the U.S. Court of Appeals for the Second Circuit, and the first one to receive a response from the U.S. Supreme Court since its rulings in NYSRPA vs. Bruen.After the U.S. District Court for the Northern District of New York dismissed Antonyuk I, without prejudice, Plaintiff Ivan Antonyuk and other holders of valid New York handgun carry licenses filed a new case, on September 20, 2022 (Antonyuk II). That case was recaptioned Antonyuk vs. Hochul. And, after the Court dismissed Hochul out as a Party Defendant, and, after a new Superintendent of the New York State Police, Steven Nigrelli, took over from the previous Superintendent of the New York State Police, Kevin Bruen, the Plaintiffs’ recaptioned the case, Antonyuk vs. Nigrelli.The U.S. District Court for the Northern District of New York granted the Plaintiffs’ Preliminary Injunction, staying the execution of Hochul’s CCIA on November 7, 2022.One day later, coincidentally, the date of the Midterm Elections, November 8, 2022, the New York Government filed its Motion to the U.S. Court of Appeals, seeking relief from the PI, and the Second Circuit granted the relief the Government sought, on November 15, 2022, staying the PI, allowing execution of the CCIA during the pendency of the merits of the PI. Four days later, the Plaintiffs, NY concealed handgun carry licensees filed their own response to the lifting of the Stay.After the Second Circuit issued its ruling reversing the District’s granting of the Plaintiffs’ Preliminary Injunction. The Second Circuit modified its order minimally. The PI remained, stayed. See the Arbalest Quarrel article, posted on December 14, 2022, for details.The Plaintiffs appealed the Second Circuit’s ruling, requesting relief from the U.S. Supreme Court.As pointed out by John Crump, in an article posted on Ammoland on December 28, 2022, the U.S. Supreme Court, on December 27, 2022, demanded a response from the Second Circuit.Justice Sotomayor issued a short “request.” Note: the term ‘request’ means the High Court isn’t ordering Hochul’s Government to respond to the Plaintiff’s Application for Relief, but a “request,” having been made, obviously encourages the Government to respond.Sotomayor’s directive reads:“Response to application (22A557) requested by Justice Sotomayor, due by 4 p.m. (EST), Tuesday, January 3, 2023.”Sotomayor’s Order is in reference to the Plaintiffs’ filing of December 21, 2022, titled,“Emergency Application For Immediate Administrative Relief And To Vacate Stay Of Preliminary Injunction Issued By The United States Court Of Appeals For The Second Circuit.”In their filing, the Plaintiffs assert,“Without providing any analysis or explanation, the Second Circuit has stayed a preliminary injunction issued by a federal district court in New York that was carefully designed to limit New York’s enforcement of a sweeping gun control statute, enacted as retaliation against New York gun owners for having prevailed in this Court’s decision in N.Y. State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111 (2022). The district court’s injunction was supported by a detailed 184-page opinion, meticulously tailored to follow this Court’s framework established in Bruen. In contrast, the Second Circuit’s stay pending appeal was issued based only on a single conclusory assertion, yet with the effect of indefinitely suspending the protections afforded New Yorkers by the Second Amendment and affirmed by this Court in Bruen. The Second Circuit’s stay should be vacated in order to uphold the right of New Yorkers to keep and bear arms, as well as to vindicate the authority of this Court over the circuit courts. This Court’s Opinion in Bruen was issued on June 23, 2022. Only hours later, New York Governor Hochul promised to ‘fight back’:We just received some disturbing news . . . the Supreme Court . . . has stripped away the State of New York’s right and responsibility to protect its citizens . . . with a decision . . . which is frightful in its scope of how they are setting back this nation. . . . This decision is not just reckless, it’s reprehensible. It’s not what New Yorkers want, and we should have the right of . . . what we want to do in terms of gun laws in our state. . . . [O]ur governor has a moral responsibility to do what we can . . . because of what is going on, the insanity of the gun culture that has now possessed everyone up to the Supreme Court. . . . We’ve been ready for this . . . We’ve been working with a team of legal experts . . . I’m prepared to call the legislature back into session. . . . We are not going to cede our rights that easily, despite the best efforts of the politicized Supreme Court. . . . No longer can we strike the balance. . . Shocking. They have taken away our rights. . . . This is New York. We don’t back down. We fight back. . . . I’m prepared to go back to muskets. . . . We’re just getting started here. Just eight days later on July 1, 2022, the New York Legislature responded to Governor Hochul’s call to defy this Court’s authority and resist Bruen’s protection of Second Amendment rights, enacting the Concealed Carry Improvement Act (“CCIA”). After extensive briefing, a hearing, and oral argument, the district court enjoined portions of the CCIA in a 184-page opinion. Shortly thereafter the Second Circuit, without providing any reasoning or analysis, granted New York’s request first for a temporary administrative stay, and then a stay pending appeal, allowing New York’s repudiation of Bruen back into effect without so much as a brief explanation.”The key to the Plaintiffs’ argument supporting relief from the Second Circuit’s perfunctory decision is the lack of reasoning of the Second Circuit for overriding the District Court’s analysis of the“Four-Factor” test, and the High Court is requesting the Government, and, obliquely, the Second Circuit itself, for an explanation of its reasoning behind the lifting of the PI stay of execution of the CCIA.In its comprehensive Opinion, the District Court determined the Plaintiff New York Concealed Handgun Carry Licensees proved that awarding the PI is warranted.The U.S. Supreme Court is of course well versed in the District Court’s comprehensive rulings, supporting its granting of Plaintiffs’ PI. And the High Court is well aware of the Second Circuit’s curt reversal of the lower Court’s decision.The U.S. Supreme Court’s unusual “request,” directed to the New York Government, is also aimed at the Second Circuit. The High Court is asking the Government, essentially a surrogate for the Second Circuit, here, to explain why the District Court’s comprehensive, logical, rational opinion, supporting its granting of the Preliminary Injunction, should be considered erroneous.Since the Second Circuit’s reversal of the District Court’s well-reasoned opinion granting the PI, is cryptic or, otherwise, meaningless, the U.S. Supreme Court has asked the Government to step in and explain why the U.S. District Court’s granting of the PI, staying enforcement of the CCIA should not be reinstated.This request mirrors the Plaintiffs’ Application to the Second Circuit, requesting an explanation for its curt reversal of the District Court’s granting of the Plaintiffs’ PI, sans any reason for lifting the Stay of the CCIA, imposed by the District Court.See our article titled, “New York’s Gun Law: A History Of & Present Status Of The Antonyuk Case,” posted on Ammoland Shooting Sports News, posted on December 28, 2022.The U.S. District Court for the Northern District of New York issued a Preliminary Injunction against enforcement of the CCIA because,
- The Plaintiff New York State Concealed Handgun Carry Licensees are likely to succeed on the merits.
- The Plaintiffs will suffer irreparable injury absent a stay of the
- The Government is unlikely to incur substantial injury through a stay of enforcement of the CCIA during the review of the merits of the Plaintiffs' case against the New York Government.
- The public interest is so great and so grave that enforcement of the Government’s CCIA should be stayed pending the resolution of the Plaintiffs’ Preliminary Injunction.
That the Second Circuit lifted the stay not only allows enforcement of the CCIA, before the merits of the case are decided but disturbingly suggests the Second Circuit will ultimately find for the Government. This means, at first glance, at least, that the Second Circuit won’t issue a permanent injunction against enforcement of the CCIA but will find the CCIA Constitutional when it isn’t. But this is unlikely. We explain why in a subsequent article.One thing is clear. The New York Government, and, by extension, the Second Circuit—one through weak argument, and the second through a lame judicial order—have admitted they detest the Second Amendment, and are contemptuous of both the rulings in Bruen. And, further, that Governor Hochul, to her everlasting shame, expressed her personal disdain for the Court Majority that issued the rulings, thereby exhibiting her defiance of the U.S. Constitution, her contempt for the Nation, as an independent sovereign Nation-State and free Constitutional Republic, and her loathing of the people who happen to cherish their God-Given fundamental, unalienable, immutable, illimitable, unmodifiable, and eternal, and absolute right to armed self-defense.But let Hochul rant and rave. The New York State Government and the Second Circuit are behind the eight-ball, now.The U.S. Supreme Court knows there is no logical and legal reason to allow for the enforcement of an unconstitutional Gun Law. And the High Court is nudging the Government to admit that fact.The Government need not respond to Justice Sotomayor’s unusual directive, as it is a “request,” not an order. But, obviously, Justice Sotomayor has encouraged the Government to respond, as failure to respond serves as a silent affirmation of the unconstitutionality of the CCIA.We consider in our next article the options open to the Government and the ramifications of their action, or non-action. The New York Government’s response—if there is one—must be filed by late afternoon, Tuesday, January 3, 2023. ___________________________________
THE NEW YORK STATE GOVERNMENT MUST EXPLAIN ITSELF TO THE U.S. SUPREME COURT: THE FATE OF MILLIONS OF NEW YORK GUN OWNERS HANGS IN THE BALANCE, AND THE CLOCK IS TICKING
SUBPART THREE
{INTRODUCTORY QUOTE}“A general dissolution of principles and manners will more surely overthrow liberties of America than the whole force of the common enemy. While the people are virtuous, they cannot be subdued; but when once they lose virtue then will be ready to surrender their liberties to first external or internal invader.”~ Samuel Adams, American Statesman, and Founding FatherThe Plaintiff holders of New York handgun carry licenses requested clarification of the Second Circuit’s terse and vacuous, perfunctory order that overturned the U.S. District Court’s granting of their Preliminary Injunction, staying enforcement of the Government’s Concealed Carry License Improvement Act (CCIA).Concerned with an unsatisfactory order lacking any decipherable explanation for its decision staying the Preliminary Injunction, allowing enforcement of Hochul’s amendments to New York’s Gun Law during the pendency of Antonyuk vs. Nigrelli, the Plaintiffs brought their grievance to the U.S. Supreme Court.The High Court accepted the Plaintiffs’ Application for Relief. The Government has precious little time to offer a response, although it need not do so. But, the Second Circuit has provided the New York Government until 4.00 PM, Tuesday, January 3, 2023, to issue its response if it wishes to do so.The procedural tool the Plaintiffs used to secure U.S. Supreme Court intervention here is called the “All Writs Act,” codified in 28 USCS § 1291. And the application of it is often a tortuous mess. The High Court didn’t rule on its efficacy of it here, but it served its purpose.As one legal writer said of the “All Writs Act,”“The prevailing doctrinal landscape is principally a product of two mid-twentieth-century judicial innovations: (1) the collateral order doctrine, which expands the meaning of the term ‘final decision’ for purposes of 28 U.S.C. § 1291; and (2) appellate mandamus, which allows the federal courts of appeals to review interlocutory orders by issuing writs of mandamus under the All Writs Act, The current system has been subject to much criticism: ‘hopelessly complicated,’ ‘legal gymnastics,’ ‘dazzling in its complexity,’ ‘unconscionable intricacy’ with ‘overlapping exceptions, each less lucid than the next,’ ‘an unacceptable morass,’ ‘dizzying,’ ‘tortured,’ ‘a jurisprudence of unbelievable impenetrability,’ ‘helter-skelter,’ ‘a crazy quilt, ‘a near-chaotic state of affairs,’ a ‘Serbonian Bog,’ and ‘sorely in need of limiting principles.’ In the face of such criticism, the prevailing doctrine on appellate jurisdiction has proven to be surprisingly immune from reform.” “Reinventing Appellate Jurisdiction,” 48 B.C. L. Rev. 1237, November 2007, by Adam N. Steinman, Professor of Law, University of Cincinnati, College of Law, J.D. Yale Law School.” The High Court didn't rule on the applicability of the “All Writs Act,” thereby tacitly accepting jurisdiction to handle the matter set forth in the Plaintiffs' Application for Relief. And the High Court sent a clear message to the New York Government and, by extension, a silent message to the U.S. Court of Appeals for the Second Circuit as well.The stakes are high, for everyone, Plaintiff New York Concealed Handgun Carry Licensees and Defendant New York Government Officials and Officers, and the matters involved impact the entire Nation, both the American People and other State Governments, and the Federal Government, too. You can bet that Justice Sotomayor’s Order placed a damper on New York Governor Kathy Hochul’s New Year’s Eve and New Year’s Day Holiday festivities. And Hochul’s Attorney General, Letitia James, and her staff of lawyers could not have been any happier.Although, as we pointed out, supra, the Defendant New Y0rk Government need not respond to Justice Sotomayor’s directive as it is only a “request” for a response, not an “order” demanding a response, unusual as this “request” is, it would be remiss of the Government to ignore this request. The issuance of even a seemingly benign request, any item coming from the U.S. Supreme Court is to be taken seriously, and in some cases, as here, cause for alarm. And Hochul's Government would be wise to respond to it, even if it isn't required to do so, as the New York Handgun license scheme licensing in place for well over one hundred years is on the line even if it doesn’t appear at the moment to be in jeopardy. It most definitely is.Whether the Government responds or not, however, various scenarios play out. We start with these three observations:First, the U.S. District Court for the Northern District of New York realized the CCIA was not only blatantly unconstitutional but, as it is the Government’s response to the NYSRPA vs. Bruen, the CCIA operates as a blatant slap in the face to the High Court.Second, Hochul and the Democrat Party-controlled Legislature in Albany basically told the U.S. Supreme Court to go to Hell. And while the District Court had no intention of playing that game of kowtowing to the New York Government any longer, the Second Circuit did so, lifting the PI Stay, but with an inadequate explanation because, obviously, there isn't one to be made.Third, The persistent problem for both the New York Government and the Second Circuit, is that the District Court’s findings were not wrong, which is why the District Court granted the PI. That fact also explains why the Second Circuit issued a perfunctory order, not dealing directly with the District Court’s findings. The Second Circuit could not rationally explain how the District Court’s application of the “Four-Factor” test was erroneous, but it didn’t want to rule against the Government. So, it issued a lame order.The Government and the Second Circuit might have expected the Plaintiffs would appeal the adverse action of the Second Circuit to the U.S. Supreme Court, but it probably felt the High Court would not accept the Plaintiffs’ application, inferring that there is no tenable basis for the High Court to entertain an interlocutory order here. Indeed, the Plaintiffs probably struggled to find a jurisdictional basis. The best thing, apparently the only thing, the Plaintiffs could come up with was the “All Writs Act” which is a wild stab at getting the U.S. Supreme Court’s attention. But it worked. The High Court wasn't going to stand on ceremony here. And, some credible basis could be made, if the High Court wished to deal with the applicability of the “All Writs Act,” jurisprudentially and jurisdictionally, as the application of it has expanded exponentially through time (so why not here?), the issues are so compelling that the High Court cut to the chase. The implication of the importance of Antonyuk vs. Nigrelli is clear from the fact that the U.S. Supreme Court issued an order qua “request” at all, on an interim, interlocutory matter. The New York Government and the Second Circuit felt smug. They both knew or would have, at least, surmised that the Plaintiffs would file their Application for Relief from the Second Circuit's Order, but both apparently, believed, erroneously, that the High Court would reject the Plaintiffs’ Application out of hand. They were wrong if they held such notions.The U.S. Supreme Court didn’t rule on the application of the All Writs Act. It did an end run around it, simply “requesting,”—inviting, but not demanding—the New York Government to respond to the Plaintiffs’ Application for Relief from the Second Circuit’s stay of the Preliminary Injunction. That the High Court has at least invited the Government to respond is bad enough for the Government.What will Hochul’s Government do?The Government need not do anything. The High Court isn’t demanding a response from the Government. It only “requests” a response.Suppose the Government refrains from responding to Justice Sotomayor’s “request,” and takes its chances, relying on the decision of the Second Circuit that reversed the District Court, allowing enforcement of the CCIA during pendency —essentially doubling down on the Second Circuit’s weak Order.This would not bode well for the Government. The High Court could have remained aloof. It could have rebuffed the Plaintiffs’ application for relief from the Second Circuit’s Order. In that event, the High Court would have denied the Application outright. The CCIA would remain in force, and the PI stayed during the pendency. But the High Court didn’t do that.In requesting a response from the Government, the High Court had, in a non-positive way, manifested an interest in the Plaintiffs’ arguments, suggesting that the Plaintiffs’ arguments, supporting its Application for relief from the Second Circuit’s decision staying the PI, have merit. So the Government is obliged to respond.But then, why didn’t the High Court formally take the case up and issue an interlocutory order reversing the Second Circuit’s decision, sua sponte, i.e., on its own motion, affirming the District’s decision, and granting the PI? In that event, enforcement of the CCIA would be stayed, pending resolution of the merits, after which the losing party, having in hand a final order, could appeal a final decision to the U.S. Supreme Court for a full hearing of the Antonyuk vs. Nigrelli case, on the merits. Perhaps, the U.S. Supreme Court, at the moment, at least, wishes to be tactful, and diplomatic. And, so, the Government is tactically compelled to respond. It must take the High Court’s “request” as at least a tacit demand for a response, and for good reason.For, if the Government fails to respond, the High Court will likely, ipso facto, reverse the Second Circuit’s decision. The Government is, then, just asking for trouble by cavalierly failing to respond to the “request.”The Government, from years of experience, would have reason to expect the Second Circuit would kowtow to it, rubber-stamping the most outrageous Government actions, even as the lower Federal District Court made clear it was no longer going to play that game. This came as a surprise to Hochul. And she continually misconstrues the District Court's intent, refusing to acknowledge that the Court's orders mean what they say. This became blatantly clear in Hochul's remarks to the public after the U.S. District Court for the Northern District of New York dismissed Antonyuk vs. Bruen (Antonyuk I), inferring, wrongly, that the dismissal of the case, without prejudice, constituted an outright win for the Government. Hochul apparently failed to peruse, or, otherwise, she dismissed the reasoning of the Court. The Court made abundantly clear that the major, substantive portions of the CCIA are patently illegal, inconsistent with the plain meaning of the Second Amendment to the U.S. Constitution, and inconsistent with the rulings of the U.S. Supreme Court in NYSRPA vs. Bruen. No matter. The District Court dismissed the case. And for Kathy Hochul that is ALL THAT MATTERED to Hochul. Had she spent a little time reflecting on the content of the Opinion, she would know the Court had dismissed the case due to a standing issue of one of the Party Plaintiffs, and that matter could be rectified by simply filing a new case setting out the same allegations. Thus, the District Court tacitly encouraged the Plaintiff, Ivan Antonyuk, in the Plaintiffs' capacity as an injured individual, to file a new case against the New York Government. And Ivan Antonyuk did just that. That case, Antonyuk vs. Nigrelli (Antonyuk II), has come to bite Hochul, like an angry tiger, on her behind, and that tiger is not letting go.It is one thing for Governor Hochul to expect the New York Courts to kowtow to the New York Government on Second Amendment matters, as it has consistently done through the many years and decades. And the Second Circuit has done so, and the District Court has not, even if Hochul wishes to delude herself to think otherwise OR otherwise expect, as, at the moment, has panned out, that the higher U.S. Court of Appeals for the Second Circuit will override the lower U.S. District Court's rulings. But, it is quite another thing entirely to expect the U.S. Supreme Court to do the same, to kowtow to the Government, knowing that Justice Sotomayor, along with a couple of other Associate Justices, is a diehard liberal-wing Justice, sharing the same ideology, abhorring the Second Amendment no less so than the New York State Government and the Second Circuit, and will therefore keep the High Court Conservative wing in check. No! Where, as here, the institution of the U.S. Supreme Court is threatened, the Justices will band together to preserve the sanctity of the High Court. That was true up to the present time. But with Biden's nominee to the High Court, now confirmed and sitting on the High Court, Ketanju Brown Jackson, it may very well be that a long-standing venerable institution is in danger of losing its integrity upon which it has heretofore remained a truly independent Branch of Government.Therefore, as for the matter at hand, Justice Sotomayor is not about to take action in a manner blatantly inconsistent with the U.S. Supreme Court Bruen rulings, even if she, along with a few other Justices, tends, ideologically, to be sympathetic to the Government's position on the Second Amendment.Thus, the Parties to the action here will be placed in the same position they were in before the Second Circuit’s action. The Second Circuit will be compelled to review the merits of the PI with enforcement of the CCIA stayed during the pendency of a decision on the merits of the case. Nonetheless, the New York Government ought to respond and, it is our prediction, will respond to Justice Sotomayor's “request.” It must respond or incur the wrath of the U.S. Supreme Court that will take a non-response as yet one more personal slight, adding to a plethora of previous indignities that the miscreant, Kathy Hochul, showered on the Court. As this article goes to posting, at the end of the business day, January 3, 2023, the New York Government has filed its response to Justice Sotomayor's “request,” pulled up from the U.S. Supreme Court docket. The filing is viewable as a PDF.AQ will study it shortly. Given the short time that the Government had available to it, to respond to Justice Sotomayor's, “request,” the Government has probably reiterated the points made in its original response to the District Court’s decision, granting the PI, staying enforcement of the Government’s CCIA, and will hope for the best. What happens now?We consider the possibilities in depth, in the next article.______________________
NEW YORK GOVERNOR HOCHUL IS CAUGHT BETWEEN A ROCK AND HARD PLACE AND SHE HAS NO ONE TO BLAME FOR THIS BUT HERSELF
SUBPART FOUR
{INTRODUCTORY QUOTE}“The liberties of our country, the freedoms of our civil Constitution are worth defending at all hazards; it is our duty to defend them against all attacks. We have received them as a fair inheritance from our worthy ancestors.” ~ Samuel Adams, American Statesman, and Founding FatherNow that New York Governor Kathy Hochul has responded to Justice Sotomayor’s “Response to application (22A557) requested by Justice Sotomayor, due by 4 p.m. (EST), Tuesday, January 3, 2023,” which has just been filed, viewable on the SCOTUS docket, the question is, what happens now? What will the U.S. Supreme Court do?This much we surmise:Justice Sotomayor will act, but she won’t act on her own. Likely, she can’t act on her own. The entire Court must resolve the matter, and it will resolve the matter.The High Court will review and analyze both the Plaintiffs' Application for Relief, previously filed, and titled, “Emergency Application For Immediate Administrative Relief And To Vacate Stay Of Preliminary Injunction Issued By The United States Court Of Appeals For The Second Circuit”, and the Defendant New York Government's Response to the Plaintffs' Application for Relief, titled, “Brief For Respondents In Opposition To Emergency Application For Immediate Administrative Relief And To Vacate Stay Of Preliminary Injunction Issued By The U.S. Court Of Appeals For The Second Circuit.” In rendering its decision, the High Court will likely utilize New York’s own “Four-Factor” standard, devised by the New York Federal Courts to ascertain if a Preliminary Injunction (PI) is warranted or not.Applying New York’s own test, the High Court will determine whether to lift the stay or retain the stay on enforcement of the CCIA during the pendency of a final decision on the PI. The case will then be returned to the Second Circuit for the ultimate resolution of the PI.AQ anticipates that the High Court will waste little time on this, and will render a decision within the next few days or within a week or two at the latest.Likely the High Court will find the District Court’s ruling, granting the Plaintiffs’ PI, warranted and will order the Second Circuit to stay execution of the CCIA while the Second Circuit hashes out the substantive merits of the case.One might think the Second Circuit would find against the Plaintiffs, on the merits, given the Court’s animosity toward the Second Amendment as illustrated in its decision on the District Court’s granting of the Preliminary Injunction. But will it do this? Suppose it does. What then? Plaintiffs will immediately appeal the adverse decision to the U.S. Supreme Court. And the U.S. Supreme Court would take the case up. There is no doubt about that. The U.S. Supreme Court would take the case up because Antonyuk vs. Nigrelli directly affects the High Court’s earlier decision in NYSRPA vs. Bruen. That is something neither the New York Hochul Government, nor the Second Circuit would want. For, the High Court would find that the CCIA, either in full or in substantial part, does not comply with the High Court’sBruen rulings. The High Court would thereupon strike the CCIA down.This would place Hochul Government in a much worse position than it was in when theBruen rulings first came down on June 23, 2022. Hochul should not have toyed with the High Court, pretending to comply with the Court’s Bruen rulings, all the while machinating to further constrain and constrict the exercise of the citizen’s right to armed self-defense. But Hochul thought she knew better. She didn’t. Instead, she stuck her foot well down her throat, and there it remains.And, once the High Court finds theCCIA unconstitutional, it could go one step further, finding the entire New York concealed handgun carry licensing structure unconstitutional. This is something it avoided in NYSRPA vs. Bruen. But, given Hochul’s contemptuous attitude toward the High Court, the gloves are off. The Court could and will take the Hochul Government to task. Strategically, then, to assist the Government, the Second Circuit would do well to find for the Plaintiffs, issuing a Permanent Injunction against enforcement of theCCIA. The Hochul Government wouldn’t dare appeal a seemingly adverse decision. That would be disastrous not only for New York, but for many other jurisdictions around the Country, including New Jersey, Illinois, California, Oregon, and Washington State, among others. Ultimately New York will have to revert to the original Gun Law, in substantial part, albeit without the “Proper Cause” requirement and without the other mischief it devised in constructing the CCIA. The Government will be compelled to issue a lot more concealed handgun carry licenses. It would be a bitter pill for the Government to swallow. But, at least, the Hochul Government will be able to keep intact some semblance of the State handgun licensing scheme, which it desires to preserve at all costs.Can Hochul do anything else, if not juridically, then politically to constrain New Yorkers from exercising their Second Amendment right? She can rant and rave to the Press, of course, which she will do anyway, and she can take her complaint to the Grand Harlequin in Chief, Joe Biden. But what the Hell can Biden do for her? Not a damn thing unless his Administration is prepared to declare martial law, arguing the U.S. Supreme Court and the Bill of Rights are now both defunct. This would lead to armed conflict throughout the Country. That is a dead certainty. The Administrative State, although powerful, isn’t omnipotent even if it thinks it is and even if many of the brainwashed legions of Americans think so, too.For, here, in our Country, unlike in the EU, in the Commonwealth Nations, or in CCP China, Americans are well-armed, tens of millions of Americans, and Americans have substantial ammunition to prevent a Neoliberal Globalist/Neo-Marxist Counterrevolution from overturning the American Revolution of 1776.History, morality, and law would all be on the side of America’s Patriots to take up arms against forces intent on thrusting a Neoliberal Globalist/Neo-Marxist Counterrevolution on the Nation.A declaration of martial law where no legitimate reason exists for invoking it—and there is none—irrefutably points to immoral and unlawful tyranny of Government.The Biden Administration would be openly guilty of this: launching tyranny of Government in the form of an illegal oligarchic conspiratorial takeover of the Government against the American people.Recall that Justin Trudeau declared martial law in Canada, for a short time. Canada has nothing remotely like a true Bill of Rights to secure freedom and liberty for common Canadians, but even that jackass was forced to back down, given a backlash in the Canadian Parliament. But he has learned from his earlier mistakes. He has since insinuated martial law in Canada incrementally, insidiously, beginning with a total ban on civilian possession of handguns. Further actions against liberty and freedom will be forthcoming. Wait and see. So much for Canada. And lots of luck with that, you Canadians!But for us, Americans, we should focus on Antonyuk vs. Nigrelli. Where is that case headed in the immediate future?The High Court will issue its order, sending the case back to the Second Circuit, but likely reaffirming the District Court’s grant of the PI, staying enforcement of the CCIA during the pendency of the case. That is our prediction. And that benefits Plaintiffs from the get-go. Time is on their side. However long the Second Circuit takes, the CCIA will remain suspended. We also predict as we stated, supra, that the Second Circuit will affirm the District Court’s findings on the Plaintiffs’ PI and convert it to a Permanent Injunction against enforcement of the CCIA, in full or in substantial part. The Second Circuit will take that seemingly paradoxical action to salvage for the Hochul Government what it can of New York’s concealed handgun licensing structure. Otherwise, if the Second Circuit were to find against the Plaintiffs, overturning the PI, ruling the CCIA constitutional, that would serve as a final appealable order just begging for the High Court's review of the case on the substantive merits with disastrous consequences for Hochul’s Government. So, the Hochul Government is, ultimately, in a quagmire it cannot extricate itself from. And Hochul herself can’t do a damn thing about it except beat her chest, screech, and howl to the winds. And, she has only herself to blame for this. She should not have toyed with the Bruen rulings, nor should she have poured salt on an open wound, contemptuously deriding the Court for its rulings, in the process, as she openly defied the Court.So, then, the Plaintiffs are in a strong position here to secure and strengthen the natural law right codified in the Second Amendment even if that isn’t immediately evident.The Neoliberal Globalists and Neo-Marxists both here and abroad will also moan and thrash about in impotent rage as the Republic may yet survive. The question is: Will the Biden Administration dare impose martial law on the Country in the next couple of years? Not likely. Not that it wouldn’t love to do just that.But, for all the myriad ways that the Biden Administration has deliberately weakened this Country, in the first two years of its reign, reversing Trump’s triumphs, as he has strengthened our Nation, and has secured it from threats posed by obvious foes and by dubious friends, the Biden Administration would be out of its mind to attempt confiscation of arms and ammunition on an industry-wide scale. What argument could the Biden Administration rationally conjure up? Can it rationally claim national security concerns, demanding that stringent measures be taken against those gun-toting “MAGA” Americans, and claiming a desire to protect the public from this thing, “Gun Violence,” even as the Government allows, even encourages, psychopathic criminals and lunatics to run amok, preying at will on innocent Americans?Spouting endless harangues against guns and the tens of millions of Americans who cherish their natural law right to keep and bear arms is one thing. Americans are inured to that. It is nothing more than water rolling off a duck’s back. But, to demand that average Americans forsake their firearms or face the wrath of the Federal Government is something else again. That is a recipe for civil war, the likes of which this Nation hasn’t seen since the War between the Blue and Gray. And it is the Federal Government itself that would bear sole responsibility for lighting that powder keg, unleashing a new horror on the Country for which History would forever justifiably excoriate.____________________________________Copyright © 2023 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
THE MEANING OF THE SECOND AMENDMENT IS CLEAR, AND THE U.S. SUPREME COURT HAS SPOKEN, BUT THE BIDEN ADMINISTRATION AND NEW YORK GOVERNOR HOCHUL HAVE OTHER PLANS
POST-BRUEN—WHAT IT ALL MEANS AND WHAT ITS IMPACT IS BOTH FOR THOSE WHO SUPPORT AND CHERISH THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS AND THOSE WHO DO NOT; THOSE WHO SEEK TO UNDERMINE AND EVENTUALLY DESTROY THE EXERCISE OF THE RIGHT AND THOSE WHO SEEK TO PRESERVE AND STRENGTHEN THE RIGHT BOTH FOR THEMSELVES AND THEIR DESCENDANTS
MULTI SERIES
PART TWENTY
SUBPART ONE OF PART TWENTY
{INTRODUCTORY QUOTATION}“The Constitution shall never be construed to prevent the people of the United States who are peaceable citizens from keeping their arms.” ~Samuel Adams, American Statesman and Founding FatherThe importance of Heller, McDonald, and Bruen cannot be overstated. These cases, together, establish the Court’s recognition of, one, the immutable, eternal right of the people to keep and bear arms, two, that this right shall not be infringed, and, three, that the armed citizenry is necessary to the security of a free State.The existence of and maintenance of a free Constitutional Republic is impossible without a well-armed citizenry.To understand where we are, at the start of a new year, we must retrace our steps back to 2020.Biden and the Democrat Party will up the ante in their attack on the Second Amendment. That is indisputable.In 2022, this assault on the right to armed self-defense against the predatory beast, predatory man, and, worst of all, predatory Government, became manifest.In early February 2021, we pointed out, in our article, titled, “The Biden Plan for the Political and Social Remaking of the American Landscape,” that——“During his first two weeks in Office, Joe Biden signed over 40 executive orders or similar executive edicts. And he isn’t done. A few days into February and we can expect to see 50 or more Presidential executive orders and other edicts.” This is unheard of.For comparison, we pointed to a news report published in February 2021, positing that,“President Donald Trump signed four in his first week in 2017; President Barack Obama signed five in 2009; President George W. Bush signed none in his first week in 2001; and President Bill Clinton signed one in 1993.”Apparently, Biden and the puppet masters who control him would waste no time reversing the gains Trump had made in setting the Nation back on course, consistent with the aims of the founders of our Nation: To maintain a strong and independent, sovereign Nation-State, and free Constitutional Republic.The Neoliberal Globalists have reverted to their agenda, set in motion by George Bush and Barack Obama, aimed at dismantling a free Republic and eliminating the exercise of Americans’ natural law rights through which the citizenry maintains its lawful sovereign authority over the Nation and Federal Government, and over its own destiny.Also, in that February 2021 article, the reporter pointed out that——“The twin issues of ‘guns’ and ‘gun violence’ will be much discussed in the weeks and months ahead. That much is certain.Will Biden sign an executive order banning assault weapons’ and will he sign a flurry of other antigun laws as well, not bothering to wait for Congressional enactments?Don’t think this is improbable. In fact, with all the banter of gun-toting ‘white supremacists’ and right-wing ‘domestic terrorists’ and with thousands of National Guard troops camped out in the U.S. Capital, and with the constant denigration of and growing suppression of conservative dissent, something is definitely afoot. In fact, the Democrat Party propaganda machine is in overdrive. The propagandist newspaper, NY Times, for one, has laid the groundwork for an assault on ‘guns.’”Our remarks and those in the news article were prescient.In June 2022, due to Congressional Democrats and scurrilous Congressional Republicans, Biden “signed into law into law the first major federal gun reform in three decades, days after a decision he condemned by the Supreme Court expanding firearm owners’ rights.” See the article in Reuters.Dutifully, compliantly obeying the orders of his Administrative nursemaids and caretakers, who themselves take orders from shadowy, sinister forces from on high, the Biden puppet also took aim at the millions of civilian citizens who own and possess semiautomatic weaponry and components of the weapons.But what is especially important here is a remark Biden conveyed to the Press, as reported by Reuters, in that same June 2022 article.“‘The Supreme Court has made some terrible decisions.’” The demented fool probably didn’t know what specific U.S. Supreme Court cases his caretakers ordered him to refer to. No matter. All Americans should know. And America’s Patriots do know.One was Dobbs vs. Jackson Women’s Health. Dobbs. The other was NYSRPA vs. Bruen. Both decisions are important. But the latter is much more important. The latter case pertains directly to the security of a free State. The former does not.NYSRPA vs. Bruen is the latest in a Supreme Court jurisprudential “trilogy” of seminal Second Amendment cases. Yet, the Biden Administration and some State Governments have openly defied the U.S. Supreme Court, and, worse, have openly demonstrated visible contempt for the High Court.At both the Federal Level and State Levels, powerful malevolent and malignant forces have directed their assault on America’s Second Amendment. Biden and New York Governor Kathy Hochul are the public faces behind shadowy orchestrators, passing along orders surreptitiously to their puppets.Our Free Constitutional Republic is in dire jeopardy.New York State Government and actions of other States since Bruen demonstrate all the fervor, ferocity, and audacity of those State governments to go their own way, blatantly disregarding Bruen as they disregarded Heller and McDonald. This has resulted in a plethora of new litigation against the States by Americans who desire only to exercise their natural law right to armed self-defense.This points to a tremendous disconnect between the Country Americans know and love, and an alien, monstrous non-nation the Biden Administration and many States, in league with the Biden Administration wish to thrust on Americans, against their will.The number of cases filed and progression of post-Bruen case law decisions in New York, alone, point to Americans’ adoration of the natural law right to armed self-defense and to the extraordinary lengths they will go to compel rogue States to adhere to both the plain meaning of the Second Amendment and to those U.S. Supreme Court rulings cementing the Second Amendment in the American psyche.The High Court directed its Bruen rulings to New York’s “May Issue” gun law language, apropos of the State’s “Proper Cause” requirement. But the Court’s rulings apply to other States with similar language in their Gun Laws.As one might expect, holders of valid New York concealed handgun carry licensees were the first out of the gate, in any jurisdiction, to challenge the constitutionality of amendments to the New York Gun Law, the “Concealed Carry Improvement Act” (“CCIA”). The Bruen decision came down on June 23, 2022. Hochul signed the CCIA into law on July 1, 2022. And Plaintiffs filed their case, Antonyuk vs. Bruen (Antonyuk I) on July 11, 2022.Since then, both Antonyuk I and a plethora of other cases wended their way through New York’s Federal Courts. But none are more important than that first case, as it is the first one to make its way to the U.S. Court of Appeals for the Second Circuit, and the first one to receive a response from the U.S. Supreme Court since its rulings in NYSRPA vs. Bruen.After the U.S. District Court for the Northern District of New York dismissed Antonyuk I, without prejudice, Plaintiff Ivan Antonyuk and other holders of valid New York handgun carry licenses filed a new case, on September 20, 2022 (Antonyuk II). That case was recaptioned Antonyuk vs. Hochul. And, after the Court dismissed Hochul out as a Party Defendant, and, after a new Superintendent of the New York State Police, Steven Nigrelli, took over from the previous Superintendent of the New York State Police, Kevin Bruen, the Plaintiffs’ recaptioned the case, Antonyuk vs. Nigrelli.The U.S. District Court for the Northern District of New York granted the Plaintiffs’ Preliminary Injunction, staying the execution of Hochul’s CCIA on November 7, 2022.One day later, coincidentally, the date of the Midterm Elections, November 8, 2022, the New York Government filed its Motion to the U.S. Court of Appeals, seeking relief from the PI, and the Second Circuit granted the relief the Government sought, on November 15, 2022, staying the PI, allowing execution of the CCIA during the pendency of the merits of the PI. Four days later, the Plaintiffs, NY concealed handgun carry licensees filed their own response to the lifting of the Stay.After the Second Circuit issued its ruling reversing the District’s granting of the Plaintiffs’ Preliminary Injunction. The Second Circuit modified its order minimally. The PI remained, stayed. See the Arbalest Quarrel article, posted on December 14, 2022, for details.The plaintiffs appealed the Second Circuit’s ruling, requesting relief from the U.S. Supreme Court.As pointed out by John Crump, in an article posted on Ammoland on December 28, 2022, the U.S. Supreme Court, on December 27, 2022, demanded a response from the Second Circuit.Justice Sotomayor issued a terse “request.” Note: the term ‘request’ means the High Court isn’t ordering Hochul’s Government to respond to the Plaintiff’s Application for Relief, but a “request,” having been made, obviously encourages the Government to respond.Sotomayor’s directive reads:“Response to application (22A557) requested by Justice Sotomayor, due by 4 p.m. (EST), Tuesday, January 3, 2023.”Sotomayor’s Order is in reference to the Plaintiffs’ filing of December 21, 2022, titled,“Emergency Application For Immediate Administrative Relief And To Vacate Stay Of Preliminary Injunction Issued By The United States Court Of Appeals For The Second Circuit.”In their filing, the Plaintiffs assert,“Without providing any analysis or explanation, the Second Circuit has stayed a preliminary injunction issued by a federal district court in New York that was carefully designed to limit New York’s enforcement of a sweeping gun control statute, enacted as retaliation against New York gun owners for having prevailed in this Court’s decision in N.Y. State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111 (2022). The district court’s injunction was supported by a detailed 184-page opinion, meticulously tailored to follow this Court’s framework established in Bruen. In contrast, the Second Circuit’s stay pending appeal was issued based only on a single conclusory assertion, yet with the effect of indefinitely suspending the protections afforded New Yorkers by the Second Amendment and affirmed by this Court in Bruen. The Second Circuit’s stay should be vacated in order to uphold the right of New Yorkers to keep and bear arms, as well as to vindicate the authority of this Court over the circuit courts. This Court’s Opinion in Bruen was issued on June 23, 2022. Only hours later, New York Governor Hochul promised to ‘fight back’:We just received some disturbing news . . . the Supreme Court . . . has stripped away the State of New York’s right and responsibility to protect its citizens . . . with a decision . . . which is frightful in its scope of how they are setting back this nation. . . . This decision is not just reckless, it’s reprehensible. It’s not what New Yorkers want, and we should have the right of . . . what we want to do in terms of gun laws in our state. . . . [O]ur governor has a moral responsibility to do what we can . . . because of what is going on, the insanity of the gun culture that has now possessed everyone up to the Supreme Court. . . . We’ve been ready for this . . . We’ve been working with a team of legal experts . . . I’m prepared to call the legislature back into session. . . . We are not going to cede our rights that easily, despite the best efforts of the politicized Supreme Court. . . . No longer can we strike the balance. . . Shocking. They have taken away our rights. . . . This is New York. We don’t back down. We fight back. . . . I’m prepared to go back to muskets. . . . We’re just getting started here. Just eight days later on July 1, 2022, the New York Legislature responded to Governor Hochul’s call to defy this Court’s authority and resist Bruen’s protection of Second Amendment rights, enacting the Concealed Carry Improvement Act (“CCIA”). After extensive briefing, a hearing, and oral argument, the district court enjoined portions of the CCIA in a 184-page opinion. Shortly thereafter the Second Circuit, without providing any reasoning or analysis, granted New York’s request first for a temporary administrative stay, and then a stay pending appeal, allowing New York’s repudiation of Bruen back into effect without so much as a brief explanation.”The key to the Plaintiffs’ argument supporting relief from the Second Circuit’s perfunctory decision is the lack of reasoning of the Second Circuit for overriding the District Court’s analysis of the “Four-Factor” test, and the High Court is requesting the Government, and, obliquely, the Second Circuit itself, for an explanation of its reasoning behind the lifting of the PI stay of execution of the CCIA.In its comprehensive Opinion, the District Court determined the Plaintiff Handgun Licensees proved that awarding the PI is warranted.The U.S. Supreme Court be versed in the District Court’s comprehensive rulings, supporting its granting of Plaintiffs’ PI. And the High Court would be versed in the Second Circuit’s reversal of the lower Court’s curt decision, dismissive of the District Court’s findings.The U.S. Supreme Court’s unusual “request,” directed to the New York Government, is also aimed at the Second Circuit. The High Court is asking the Government, essentially a surrogate for the Second Circuit, to explain why the District Court’s comprehensive, logical, rational opinion, supporting its granting of the Preliminary Injunction, should be considered erroneous.Since the Second Circuit’s reversal of the District Court’s well-reasoned opinion granting the PI, is cryptic or, otherwise, meaningless, the U.S. Supreme Court has asked the Government to step in and explain why the U.S. District Court’s granting of the PI, staying enforcement of the CCIA should not be reinstated.This request mirrors the Plaintiffs’ Application to the Second Circuit, requesting an explanation for its curt reversal of the District Court’s granting of the Plaintiffs’ PI, sans any reason for lifting the Stay of the CCIA, imposed by the District Court.See our article titled, “New York’s Gun Law: A History Of & Present Status Of The Antonyuk Case,” posted on Ammoland Shooting Sports News, posted on December 28, 2022.The U.S. District Court for the Northern District of New York issued a Preliminary Injunction against enforcement of the CCIA because,
- The Plaintiff handgun licensees are likely to succeed on the merits.
- The Plaintiffs will suffer irreparable injury absent a stay of the CCIA.
- The Government is unlikely to incur substantial injury through a stay of enforcement of the CCIA during the review of the merits of the Plaintiffs' case against the New York Government.
- The public interest is so great and so grave that enforcement of the Government’s CCIA should be stayed pending the resolution of the Plaintiffs’ Preliminary Injunction.
That the Second Circuit lifted the stay not only allows enforcement of the CCIA, before the merits of the case are decided but disturbingly suggests the Second Circuit will ultimately find for the Government. This means the Second Circuit likely won’t issue a permanent injunction against enforcement of the CCIA but will find the CCIA constitutional when it isn’t.The New York Government, and, by extension, the Second Circuit, albeit tacitly, must now admit they both detest the Second Amendment, and they are contemptuous of Bruen.Both the Government and the Second Circuit are behind the eight-ball.The U.S. Supreme Court knows there is no logical and legal reason to allow the enforcement of an unconstitutional gun law. And the High Court is nudging the Government to admit that fact.The Government need not respond to Justice Sotomayor’s unusual directive, as it is a “request” not an order. But, obviously, Justice Sotomayor has encouraged the Government to respond, as failure to respond serves as a silent affirmation of the unconstitutionality of the CCIA.We consider in our next article the options open to the Government and the ramifications of their action, or non-action, in our next article. The New York Government’s response—if there is one—must be filed by Tuesday, January 3, 2023.___________________________________
THE NEW YORK STATE GOVERNMENT MUST EXPLAIN ITSELF TO THE U.S. SUPREME COURT: THE FATE OF MILLIONS OF NEW YORK GUN OWNERS HANGS IN THE BALANCE AND THE CLOCK IS TICKING
SUBPART TWO
{INTRODUCTORY QUOTE}“It is the greatest absurdity to suppose it in the power of one, or of any number of men, at the entering into society to renounce their essential natural rights.”“A general dissolution of principles and manners will more surely overthrow liberties of America than the whole force of the common enemy. While the people are virtuous, they cannot be subdued; but when once they lose virtue then will be ready to surrender their liberties to first external or internal invader.”~ Two Quotes from Samuel Adams, American Statesman, and Founding FatherThe Plaintiff holders of New York handgun carry licenses requested clarification of the Second Circuit’s terse, vacuous, perfunctory order that overturned the U.S. District Court’s granting of their Preliminary Injunction, staying enforcement of the Government’s Concealed Carry License Improvement Act (CCIA).Concerned with an unsatisfactory order lacking any decipherable explanation for its decision staying the Preliminary Injunction, allowing enforcement of Hochul’s amendments to New York’s Gun Law during the pendency of Antonyuk vs. Nigrelli, the Plaintiffs brought their grievance to the U.S. Supreme Court.The High Court accepted the Plaintiffs’ Application for Relief. The Government has precious little time to offer a response, although it need not do so. The Second Circuit has provided the New York Government until 4.00 PM, Tuesday, January 3, 2023, to issue its response if it wishes to do so.The procedural tool the Plaintiffs used to secure U.S. Supreme Court intervention here is called the “All Writs Act,” codified in 28 USCS § 1291. And the application of it is often a tortuous mess. As one legal writer said of the “All Writs Act,”“The prevailing doctrinal landscape is principally a product of two mid-twentieth-century judicial innovations: (1) the collateral order doctrine, which expands the meaning of the term ‘final decision’ for purposes of 28 U.S.C. § 1291; and (2) appellate mandamus, which allows the federal courts of appeals to review interlocutory orders by issuing writs of mandamus under the All Writs Act, The current system has been subject to much criticism: ‘hopelessly complicated,’ ‘legal gymnastics,’ ‘dazzling in its complexity,’ ‘unconscionable intricacy’ with ‘overlapping exceptions, each less lucid than the next,’ ‘an unacceptable morass,’ ‘dizzying,’ ‘tortured,’ ‘a jurisprudence of unbelievable impenetrability,’ ‘helter-skelter,’ ‘a crazy quilt, ‘a near-chaotic state of affairs,’ a ‘Serbonian Bog,’ and ‘sorely in need of limiting principles.’ In the face of such criticism, the prevailing doctrine on appellate jurisdiction has proven to be surprisingly immune from reform.” “Reinventing Appellate Jurisdiction,” 48 B.C. L. Rev. 1237, November 2007, by Adam N. Steinman, Professor of Law, University of Cincinnati, College of Law, J.D. Yale Law School.” The stakes are high. You can bet that Justice Sotomayor’s Order placed a damper on New York Governor Kathy Hochul’s New Year’s Eve and New Year’s Day Holiday festivities. And Hochul’s Attorney General, Letitia James, and her staff of lawyers could not have been any happier.Although the Government need not respond to Justice Sotomayor’s directive as it is only a “request” for a response, not an “order,” it is still a cause for alarm. And the Government would be wise to respond to it as the New York Handgun license scheme licensing in place for well over one hundred years is on the line.Whether the Government responds or not, various scenarios play out. John Crump has pointed to a couple of possible scenarios. See, once again, his article in Ammoland Shooting Sports News. We expand on those, and we start with these three observations:First, the U.S. District Court for the Northern District of New York realized the CCIA was not only blatantly unconstitutional but, as it is the Government’s response to the NYSRPA vs. Bruen, the CCIA operates as a blatant slap in the face to the High Court.Second, Hochul and the Democrat Party-controlled Legislature in Albany basically told the U.S. Supreme Court to go to Hell. And while the District Court had no intention of playing that game any longer, kowtowing to the New York Government, the Second Circuit did so, lifting the PI Stay, but with an inadequate explanation.Third, The persistent problem for both the New York Government and the Second Circuit, is that the District Court’s findings were not wrong, which is why the District Court granted the PI. That fact also explains why the Second Circuit issued a perfunctory order, not dealing directly with the District Court’s findings. resulted in the Plaintiffs’ appeal of an interlocutory order directly to the U.S. Supreme Court. The Second Circuit could not justify rationally how the District Court’s application of the “Four-Factor” test was erroneous, but it didn’t want to rule against the Government. So it issued a lame order.The Government and the Second Circuit might have expected the Plaintiffs would appeal the adverse action of the Second Circuit to the U.S. Supreme Court, but it probably felt the High Court would not accept the Plaintiffs’ application, inferring that use of the All Writs Act is a wild stab at getting the U.S. Supreme Court to accept a jurisdictional basis that doesn’t apply here.Perhaps that is why the Government and the Second Circuit felt smug, believing, erroneously, that the High Court would not grant the All Writs Act, compelling the New York Government to make its case for staying the PI. But the U.S. Supreme Court didn’t rule on the application of the All Writs Act. It did an end run around it, simply “requesting,”—inviting, but not demanding—the New York Government to respond to the Plaintiffs’ Application for Relief from the Second Circuit’s stay of the Preliminary Injunction. That the High Court has at least invited the Government to respond is bad enough for the Government.What will Hochul’s Government do?The Government need not do anything. The High Court isn’t demanding a response from the Government. It only “requests” a response.Suppose the Government refrains from responding to Justice Sotomayor’s “request,” and takes its chances, relying on the decision of the Second Circuit that reversed the District Court, allowing enforcement of the CCIA during pendency —essentially doubling down on the Second Circuit’s weak determination.This would not bode well for the Government. The High Court could have remained aloof. It could have rebuffed the Plaintiffs’ application for relief from the Second Circuit’s Order. In that event, the Court High Court would have denied the Application outright. The CCIA would remain in force, and the PI stayed during the pendency. But the High Court didn’t do this.In requesting a response from the Government, the High Court had, in a non-positive way, manifested an interest in the Plaintiffs’ arguments, suggesting that the Plaintiffs’ arguments, supporting its Application for relief from the Second Circuit’s decision staying the PI, have merit.But then, why didn’t the High Court formally take the case up and issue an interlocutory order reversing the Second Circuit’s decision, affirming the District’s decision, and granting the PI? In that event, enforcement of the CCIA would be stayed, pending resolution of the merits, after which the losing party, having in hand a final order, could appeal a final decision to the U.S. Supreme Court for a full hearing of the Antonyuk vs. Nigrelli case, on the merits.The Government is nonetheless tactically compelled to respond. It must take the High Court’s “request” as a demand for a response, and for good reason.For, if the Government fails to respond, the High Court will likely reverse the Second Circuit’s decision. The Government is just asking for trouble by cavalierly failing to respond to the “request.” The Government may from years of experience, expect that the Second Circuit will kowtow to it, rubber-stamping the most outrageous Government actions. But, it is another thing again to expect the U.S. Supreme Court to do so, even if Justice Sotomayor is a diehard liberal-wing Justice, who abhors the Second Amendment no less than the New York State Government. Justice Sotomayor is not about to take an action inconsistent with a U.S. Supreme Court ruling, even if she, along with a few other Justices, tends to be sympathetic to the Government's position on the Second Amendment. Thus, the Parties will be placed in the same position they were in before the Second Circuit’s action. Thus, the Second Circuit will be compelled to review the merits of the PI with enforcement of the CCIA stayed during the pendency of a decision on the merits of the case. This is why the New York Government must respond and will respond to Justice Sotomayor's “request.” It must respond or incur the wrath of the U.S. Supreme Court. But, given the short time available to it, now imminent as this article goes to publication, the Government will probably simply reiterate the points made in its original response to the District Court’s decision, granting the PI, staying enforcement of the Government’s CCIA. What happens then?Justice Sotomayor won’t act on her own. Likely, she can’t act on her own. The entire Court must resolve the matter.And, utilizing New York’s own “Four-Factor” standard, devised by the New York Federal Courts to ascertain if a PI should be granted or not, the High Court will determine whether to lift the stay or retain the stay on enforcement of the CCIA during the pendency of a final decision on the PI. In either event, the case will be returned to the Second Circuit for ultimate resolution.If the Second Circuit finds for the Plaintiffs, which is doubtful, given the Court’s animosity toward the Second Amendment as illustrated in its decision on the District Court’s granting of the Preliminary Injunction, the Second Circuit will deny the preliminary injunction, and rule the CCIA constitutional. With the denial of a preliminary injunction, the decision will have the effect of a final judgment on the merits. The Second Circuit will have determined that the CCIA is constitutional. The Plaintiffs will return to the U.S. Supreme Court, requesting a formal review of the case on the merits.And the U.S. Supreme Court will take the case up. There is no doubt about that. Since the case directly affects its earlier decision in NYSRPA vs. Bruen, the Court will determine whether the CCIA complies with the High Court’s Bruen rulings or doesn’t. Unless the composition of the High Court changes, the Court will find the CCIA unconstitutional in full or in part. Likely the result will bode ill for the Government. The entire concealed handgun carry license scheme will now be on the line. And the decision will result in severely weakening if not upending the entire New York handgun licensing scheme.This places the Hochul Government in a worse position than it was when the Bruen rulings came down on June 23, 2022. She should not have toyed with the High Court, pretending to comply with the Court’s Bruen rulings, all the while constricting the exercise of the right to armed self-defense ever tighter.The Second Circuit would know this from the get-go. Rightfully fearing reversal of an appeal if it denies the preliminary injunction, effectively finding the CCIA Constitutional, the Second Circuit may throw in the towel. In that event, the Court will grant the Preliminary Injunction, finding it meets the New York “Four-Factor” standard, and thence convert it into a Permanent Injunction. That means the CCIA will remain unenforceable forever. Thus, even if the Constitutionality of it isn’t decided, the net effect is to reduce its impact to nullity.What happens then? The Government can appeal an adverse decision to the High Court. It won’t do that. For if it did so, the High Court will take the appeal up and affirm the decision of the Second Circuit.The High Court may even go one step further, holding the CCIA unconstitutional. Conceivably the High Court could go two steps further, finding the entire New York concealed handgun carry licensing structure unconstitutional. Looking at the Government’s attitude toward the Court, as exemplified by its actions, the Court could take the Hochul Government to task. That is possible.Therefore, if the Second Circuit finds for the Plaintiffs, issuing a Permanent Injunction against enforcement of the CCIA, the Hochul Government won’t dare appeal a decision. That would result be disastrous not only for New York, but for many other jurisdictions around the Country, including New Jersey, Illinois, California, Oregon, and Washington State, among others.The best that Hochul can hope for, and the Biden Administration, too, is that, in the next two years, they have an opportunity to get seat another Anti-Bill of Rights person on the High Court. Don’t be surprised to see Biden nominating his Attorney General, Merrick Garland to a seat. Democrats have waited a long time, and they have never forgiven Trump, nor McConnell for denying Garland a Confirmation Hearing which would have seen him on the Court anyway. If that had occurred, Bruen would never have been decided favorably. More likely, the High Court likely would never have reviewed the Bruen case. And Heller and McDonald would be in jeopardy of being overturned. And with the loss of Heller and McDonald, the Country would be that much closer to seeing the end of days for a free Constitutional Republic and a sovereign American citizenry.Can Hochul do anything else, politically, since she is foreclosed from doing anything more juridically? She can rant and rave in the Press, and she can take her complaint to the Grand Harlequin in Chief, Biden. But what the Hell can Biden do for her? Not a damn thing unless his Administration is prepared to declare martial law, arguing the U.S. Supreme Court is now defunct. This happens in Banana Republics. It doesn’t happen in honest-to-God Constitutional Republics. This would lead to armed conflict. The Administrative State, although powerful, isn’t omnipotent even if it thinks it is and even if many Americans think so, too.For, here, in our Country, unlike in the EU, in the Commonwealth Nations, or in CCP China, Americans are well-armed, tens of millions, and Americans have substantial ammunition to prevent a Neoliberal Globalist/Neo-Marxist Counterrevolution from prevailing. That fact isn’t to be taken lightly by this Nation's rogue Federal Government and by rogue State Governments like that of New York. And Americans would have a good case, morally, historically, and legally, for taking up arms against those forces intent on entertaining a Neoliberal Globalist/Neo-Marxist Counterrevolution.A declaration of martial law where no legitimate reason exists for invoking it manifestly demonstrates tyranny of Government.The Biden Administration would be openly admitting this through its actions: Tyranny of Government in the form of an illegal oligarchic conspiratorial takeover of the Government against the American people.Recall that Justin Trudeau declared martial law in Canada, for a short time. Canada has nothing remotely that can honestly be considered a true Bill of Rights, and even that jackass was forced to back down, given a backlash in the Canadian Parliament.So where is Antonyuk vs. Nigrelli headed?The High Court will issue its order, and it will shoot down the Second Circuit. That is our prediction. It means the CCIA will remain unenforceable during the pendency of the Plaintiffs’ lawsuit, and the PI will remain effective. And neither the Second Circuit nor Hochul can do a damn thing about it except beat their chest, screech, and wail to the winds.But, even if the High Court affirms the decision of the Second Circuit or, through its inaction, remains silent on the Second Circuit’s decision, allowing the decision to stand, the Hochul Government is, ultimately, in a quagmire it cannot extricate itself from.If the Second Circuit finds against the Plaintiffs on the merits, the Plaintiffs will appeal an adverse decision to the High Court. And the Court will take up the case. There is no question about that. And, the CCIA will be struck down, as it is untenable. It contradicts the plain meaning of the Second Amendment and the Bruen rulings. And once the CCIA is struck down, that will severely damage the entire handgun licensing structure of New York, as the illegality of the entire structure, and the illegal machinations of the Government that created it will be crystal clear.And, if the Second Circuit finds for the Plaintiffs and issues a permanent injunction against the Government on enforcement of the CCIA, that will effectively strike the death knell for the CCIA, setting the stage for the eventual dismantling of the entire handgun licensing structure as it was untenable, legally, historically, and morally, at its inception, as the Sullivan Act, 112 years ago.The Government can appeal from a Second Circuit Court ruling against it, but it won’t do that. It has nothing to gain, and it has everything to lose were it to do so. For, the last thing New York needs is a fourth seminal Second Amendment case that not only effectively destroys the entire handgun licensing structure of the State but will effectively be disastrous for all other jurisdictions that have draconian “may issue” concealed handgun carry license laws in place.Either way, we see the Plaintiffs in a good position here to secure and strengthen the natural law right codified in the Second Amendment even if that isn’t immediately evident.The Neoliberal Globalists and Neo-Marxists both here and abroad will thrash about in impotent rage as the Republic may yet survive. The question is: Will the Biden Administration dare impose martial law on the Country?For all the myriad ways that the Biden Administration has deliberately weakened this Country, the Government would be out of its mind to attempt confiscation of arms and ammunition on a wide scale, claiming that national security concerns demand that stringent measures be taken against these gun-toting “MAGA” Americans. Spouting harangues against guns and tens of millions of Americans who cherish their natural law right to keep and bear arms is one thing. Demanding Americans to forsake their firearms is something else again.____________________________________Copyright © 2023 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
TYRANNY HATH COME TO AMERICA: MANY AMERICANS DON’T NOTICE IT OR, WORSE, SEE IT BUT DON’T CARE
PART ONE
ONLY BY FORCE OF ARMS CAN THE PEOPLE EVER HOPE TO THWART AND PREVAIL OVER TYRANNY
{INTRODUCTORY QUOTATION}“There are Virtues & vices which are properly called political. ‘Corruption, Dishonesty to ones Country Luxury and Extravagance tend to the Ruin of States.’ The opposite Virtues tend to their Establishment. But ‘there is a Connection between Vices as well as Virtues and one opens the Door for the Entrance of another.’ Therefore ‘Wise and able Politicians will guard against other Vices,’ and be attentive to promote every Virtue. He who is void of virtuous Attachments in private Life, is, or very soon will be void of all Regard for his Country. There is seldom an Instance of a Man guilty of betraying his Country, who had not before lost the Feeling of moral Obligations in his private Connections. . . . Since private and publick Vices, are in Reality, though not always apparently, so nearly connected, of how much Importance, how necessary is it, that the utmost Pains be taken by the Publick, to have the Principles of Virtue early inculcated on the Minds even of Children, and the moral Sense kept alive, and that the wise Institutions of our Ancestors for these great Purposes be encouragd by the Government. For no People will tamely surrender their Liberties, nor can any be easily subdued, when Knowledge is diffusd and Virtue is preservd. On the Contrary, when People are universally ignorant, and debauchd in their Manners, they will sink under their own Weight without the Aid of foreign Invaders. ~ Samuel Adams, a Founding Father of our Free Constitutional Republic; from “The Writings of Samuel Adams,” Volume 1, Chapter 18, Document 6; “Epilogue: Securing the Republic;” compiled and edited, in Four Volumes, by Harry Alonzo Cushing, and published by G.P. Putnam’s Sons, 1904 through 1908
TODAY, THE PRINCIPAL THREAT TO OUR LIBERTY COMES FROM INSIDE THE COUNTRY ITSELF, NOT OUTSIDE IT.
THE THREAT COMES ABOUT BECAUSE KNOWLEDGE TODAY IS NOT DISPERSED TO THE PEOPLE AS IT SHOULD BE, AS IT ALWAYS MUST BE IN A FREE CONSTITUTIONAL REPUBLIC, BUT IS ACTIVELY HIDDEN FROM THEM. AND VIRTUE ISN'T PRESERVED AND SAFEGUARDED. RATHER, IT IS DISREGARDED AND IMPAIRED. THAT WAS SAMUEL ADAM'S WARNING TO THE AMERICAN PEOPLE.
THE HIGH INFORMATION AND VIRTUOUS CITIZEN IS SORELY LACKING IN A GOODLY PART OF THE COUNTRY.
AN UNINFORMED ELECTORATE AND A DEBAUCHED CITIZENRY ARE THE PERFECT RECIPES FOR TYRANNY TO GAIN A FOOT AND HANDHOLD. THAT IS SAMUEL ADAMS WARNING TO THE NATION.
DRASTIC REMEDIATION IS NECESSARY. THAT REMEDY REQUIRES TRUE PATRIOTS WHO DEMAND ACCESS TO INFORMATION AND KNOWLEDGE AND WHO MAINTAIN THEIR VIRTUE AND INTEGRITY WHEN SO MANY OTHER AMERICANS HAVE LOST THEIRS.
KNOWLEDGE AND VIRTUE GO HAND-IN-HAND. THEY ARE NECESSARY CONDITIONS FOR THE PRESERVATION OF A FREE CONSTITUTIONAL REPUBLIC, BUT THEY ARE NOT SUFFICIENT CONDITIONS. MORE IS REQUIRED, MUCH MORE. THAT REQUIREMENT IS FOUND IN THE WELL-ARMED CITIZEN.
THE ARMED CITIZEN MUST REMAIN EVER VIGILANT, WITH FIREARMS AND AMMUNITION AT THE READY.
MANY AMERICANS KNOW THIS WELL. BUT AN EFFETE, INEFFECTIVE CONGRESS AND A DECEITFUL RUTHLESS, LOATHSOME, TYRANNICAL ADMINISTRATION KNOW THIS WELL TOO. THAT EXPLAINS WHY CONGRESS AND THE PRESENT ADMINISTRATION ARE DEVELOPING NEW METHODOLOGIES AND PROCEDURES AND REVAMPING OLD ONES TO UNLAWFULLY SEVER THE RIGHT OF THE PEOPLE TO BEAR ARMS IN DEFENSE OF SELF AGAINST THE TYRANNY OF GOVERNMENT. AMERICANS MUST NOT LET THIS HAPPEN, LEST TYRANNY DESTROY OUR FREE REPUBLIC.
KEEP ALWAYS UPPERMOST IN MIND——It was by dint of firearms in the hands of the Founding Fathers, the Nation’s First Patriots, that Tyranny was bested. And it is only by firearms in the hands of the Nation’s Patriots today that the rogue Federal Government is prevented from strangling the life out of the People.It was by dint of firearms in the hands of the Founding Fathers, the Nation’s First Patriots, that Tyranny was bested. And it is only by firearms in the hands of the Nation’s Patriots today that the rogue Federal Government is prevented from strangling the life out of the People.Yet, the word ‘Tyranny’ is one Americans hear little about today: Not from the Government, the “Press,” the cable and broadcast news and commentary outlets, a myriad of periodical publishers, or the titans of social media and the internet. And why is that?The word was familiar enough to the American colonists back in the Eighteenth Century who suffered under its weight.These colonists felt sore enough over the ill effects of it to fight a war over it. And contending with it was no easy task.That they succeeded at all came at no little cost to themselves in privation and blood. And from the monetary standpoint, the cost of the war against the Crown was no easier. See articles in “All Things Liberty” and “History.com.”America’s Patriots knew the risk of failure: Death by Hanging as “Traitors” to the Crown of England.But so deep was their loathing of tyranny and so great their adoration of and devotion to liberty—tyranny’s opposite—that they were willing to risk everything to secure liberty for themselves, their family, and for those generations of Americans yet unborn.That they succeeded at all, and so well, came much to the surprise of many—certainly to those colonists, who, proclaiming their allegiance to the Crown, accepting of the King’s tyranny, had wished ill of America’s first Patriots. They either desisted from the conflict or took part in it, aiding the Tyrant, King George III, and, by extension, aiding the King’s moneylenders, the notorious Rothschild Clan.See. e.g., articles on the websites “NewsPunch” and on “revolutionary-war.net.”These Tories, British Loyalists, were generally very wealthy colonists, holding important posts in the colonies as representatives of King George III. Surprised, shocked, anxious, and infuriated at the outcome of the conflict they must have been—all of them. And after the war, many fled to Canada, the West Indies, or England to live out the rest of their days.No less did surprise, consternation, and frustration come to the British Monarch, George III, and to the extravagantly wealthy, inordinately arrogant, and singularly rapacious House of the Rothschild Banking Dynasty. It was this Banking Dynasty that funded the Monarch’s campaign to quash the American rebellion against their authority. It is this Dynasty that has funded all major wars and at a substantial profit to and delight for itself, and with concomitant loss and waste and horror for most everyone else. See the article in Insider.Tyranny was and is never far from a nation, any nation, even one founded categorically and unmistakably on Liberty, as is our own.Yet, something happened through the succeeding decades and centuries. We find Americans who should detest the very thought of tyranny seem now to have made their peace with it; have become accepting of it. Yet, many Americans who are conscious of the rise of tyranny in America relish the thought of it. Government cultivates tyranny. And the legacy Press, cable and broadcast news and commentary outlets, and social media and internet companies see to its dissemination.Tyranny waxes and Liberty wanes, permeating every institution of society, albeit masked, half-heartedly, through the ludicrous dogma of “Diversity, Equity, and Inclusion.”This comes to light through the shredding of our fundamental, natural law rights and liberties and is seen through Americans' indifference toward their basic rights and liberties that previous generations of Americans fought and died for.We witness the expansion of tyranny in America’s dismissive attitude toward the Fourth Amendment’s Freedom from Unreasonable Searches and Seizures clause.And we see this through Americans’ lack of concern over and even distaste toward the First Amendment’s Freedom of Speech, Freedom of Religion, and Right of Association clauses.And we see this through Americans’ outright loathing of the Second Amendment’s right of the people to keep and bear arms.How did this come to be? Can it be that many Americans don’t recognize tyranny? But how is that possible? The intimations of tyranny in America were prevalent, especially during the mid-Twentieth Century.But these barely sensate intimations have grown into a cacophony that only a moron could fail to recognize.Might it be that most everyone here does recognize tyranny, doesn’t like what they see, but feels powerless to contend against it? And, so out of fear and resignation, they submit to it? And, at once, there are those Americans that see tyranny as a good and proper thing, even if they don’t use the term to describe the Country they would like to see emerge in their Neoliberal Globalist and Neo-Marxist Counterrevolution.Consider——There are Americans who abhor the right to dissent; who rail against Christianity; who couldn’t care less about their privacy and who live for the day that the civilian citizenry must surrender their firearms, all of them; and must surrender their ammunition—all of it.Thus, tyranny gains a foothold.Many Americans are unfamiliar with the content of our sacred texts and documents.The dangers of Tyranny are explored in the “Federalist Papers,” a series of essays written by three of the Founding Fathers: James Madison, John Jay, and Alexander Hamilton.Thomas Paine, another Founding Father, explored tyranny as well in his work, “Common Sense.”And the Nation’s Constitution sets forth preventative measures to ward off tyranny.The Articles of the Constitution are a blueprint for minimizing the occurrence of tyranny in the Federal Government by limiting the powers of the Federal Government and demarcating those powers among three co-equal Branches.It was the fervent hope of the framers who hashed out our novel Federal Government—doing so with considerable difficulty after assiduously exploring past designs of Government—that the Nation would ever be spared the occurrence of it.And the Bill of Rights—especially the First and Second Amendments—are presentments of Natural Law, operating as the final fail-safe against a rogue, tyrannical Federal Government.Indeed, the precursor of the Constitution, “The Declaration of Independence,” is an essay establishing the moral obligation of man to battle against tyranny.And for all the hullabaloo about Donald Trump, our 45th President being called an autocrat, he didn’t “cause” tyranny. In fact, he tried his best to prevent it. For, under the tutelage of Clinton, Bush, and Obama we were drawing perilously close to it. Most Americans saw that right away. They would have none of it. A Hillary Clinton Presidency would have been the last nail in the coffin of Liberty.By commencing a drastic cleaning up of “the swamp,” i.e., the Administrative State, President Trump brought the inexorable slide toward tyranny to a screeching halt. He was undeterred in his effort to protect the gains of the American Revolution from backsliding into Tyranny—the state of the American colonies before the Revolution.See the article in PJ Media.“We can talk about Trump’s successes for days — the wall, the re-writing of NAFTA, low gas prices, etc. But let’s focus on Trump’s most important achievement of them all: he forced the hand of the swamp commies, and now we can see who they are. There was a time when friends of mine would discuss anonymous ‘globalists’ trying to create the ‘new world order.’ They spoke of the new brand of communism trying to take over the planet, all of which sounded like a big bowl of flapdoodle to me. Now I can’t unsee it. Thank you, President Trump.Trump is the president who was never supposed to be. No one else could have beaten Hillary, and everyone on both sides of the aisle knew it. What they didn’t count on was a bull-buster from Queens who didn’t play ‘the game.’Trump scared the hell out of the swamp commies, but they were fairly quiet before he shook the (snow) swamp globe and exposed them. Then they went on the attack.”The Obstructors and Destructors of our Nation went to work. They made certain that Trump would never serve a second term in Office. And with the Biden Puppet figurehead safely ensconced in the Oval Office, the gains Trump had made in reverting the slide toward tyranny commenced once again and with a frenzy.The Destroyers of our Republic never intended for the American people to gain awareness of the loss of their rights and liberty and sovereignty over the Government. But they could not mask the grand deception, as Trump had shone a bright light on their agenda.Thus, these Destroyers of our free Republic could not—and now, don’t even try—to cloak that agenda anymore: the dismantling of a free Constitutional Republic, that it may then be merged into a grandiose neo-feudalistic-corporatist world empire.Instead, they have brought their agenda full into the light of day, manipulating the public to accept the seeming splendor of their entire enterprise. And, of course, they don’t use the word ‘tyranny’ to explain their end goal, the subjugation of Americans.They befuddle the American psyche, constantly invoking, ad nauseum, through their puppets in Government, in the Press, academia, and in Big Tech, Big Finance, and Big Business, the word, ‘Democracy,’ as if the invocation of that one word effectively dispels the horror they have in store for all of us.An able rhetorician can sway a susceptible mob to do his bidding, and that mob will willingly, even gladly, surrender its Liberty and Freedom. We see this happen. It is not to be denied.But for those not so easily swayed and who are not of a mind to willingly forsake their Liberty and Freedom, they can ever hope to retain Liberty and Freedom through vigilance and force of arms.Ruthless men lust for power over other men, and they will rule over all men unless compelled by dint of arms to forbear.It has always been so and shall always remain so. Keep this Truth ever in mind.____________________________________Copyright © 2022 Roger J. Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
TO WHOM DOES THE COUNTRY BELONG: THE PEOPLE OR THE GOVERNMENT?
PART ONE*
AN ESSAY ON THE IMPORTANCE OF FREE SPEECH AND ARMED SELF-DEFENSE IN A FREE CONSTITUTIONAL REPUBLIC—A REPUBLIC PERCEIVED BY THE BIDEN ADMINISTRATION AND OTHERS AS OUT-OF-STEP WITH A WORLD MARCHING TOWARD GLOBAL ECONOMIC AND SOCIAL UNION AND WORLD POLITICAL TYRANNY; A WORLD INTENT ON BRINGING THE UNITED STATES INTO ITS FOLD; A WORLD THAT THE BIDEN ADMINISTRATION, THROUGH BOTH ITS WORDS AND DEEDS HAS SHOWN A MARKED PROCLIVITY FOR; AND IN THOSE ACTIONS, HAS DEMONSTRATED ITS COMPLICITY IN WORKING WITH OUR NATION’S FOES TO MAKE IT SO.
“Power is in tearing human minds to pieces and putting them together again in new shapes of your own choosing.” “But always – do not forget this, Winston – always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face – for ever.” ~ two quotations from George Orwell’s Dystopian Novel, “1984”Does this Country, the United States, as a free Constitutional Republic, belong to the people?Trivially, one would answer, “yes, of course.” That’s what the Founders intended. There can be no doubt of that. And that’s what they sought to achieve in fashioning the Nation’s Constitution: their Blueprint for a free Constitutional Republic.But, once again—Does this Country, the United States, as a free Constitutional Republic, belong to the people? Two years under the thumb of the present Biden Administration; a seditious Press; a weak or compliant Congress; the weaponization of the Federal Bureaucracy against its own people; the flagrant miscarriage of justice, targeting innocent Americans in clear violation of their Fifth, Sixth, Eighth, and Fourteenth Amendment rights; rampant and escalating violent crime; uninhibited attacks on our Nation’s history, heritage, culture, and ethos; desecration of our monuments, art, and emblems; denigration of our founding fathers; the subversion and perversion of our public education system; the deliberate sabotaging of our Nation’s economy and energy resources; the compromising of our electoral system—all this and more, and one must wonder.So, then, DOES this Country belong to the American people?An American, reflecting on the aforesaid recitation, is now unsure, and answers with an equivocal: “well, maybe; then again, maybe not.” After 245 years, has a fervent wish, hope, and prayer of the Founders degenerated into nostalgic sentiment, bespeaking a fleeting, and misty bygone reality, dead now and buried?Well, not as long as the Bill of Rights remains intact. It is still with us—barely! And, many there are, both here and abroad, that would wish it to be dead and buried, as well, along with the rest of the Constitution.“Not so fast,” say most Americans, but that, sadly, doesn’t include the officials of the present Biden Administration, along with many of those in Congress, who have a lot of control—too much control—over our life and well-being. And, it doesn’t help that the legacy Press is of one mind with the Biden Administration. And we must, unfortunately, add many more people in business, finance, and academia, to that list, who are in agreement.But even as many powerful, ruthless people would have liked long ago to dismantle the Constitution, and, to eradicate, especially, the Bill of Rights component of it, the Founders in their profound wisdom, made it a very difficult thing to do legally, and we can be thankful for that, even as those who hate the Country, would, understandably, take issue with the Founders for that very prescience. And, although the present Administration has—with its control of the vast Administrative machinery of Government and with assistance from a mostly friendly or otherwise placid Congress, a seditious Press, and other inordinately powerful, ruthless actors, pulling the present Administration’s strings, behind the scenes—found it easy enough to subvert law and Constitution with relative ease, they have not found it so easy to ignore the dictates of the Bill of Rights, even as they have, as one must acknowledge, made considerable inroads in constraining much of it. Such is the power and arrogance wielded by the Destroyers of our Nation that had enabled them to do this and to get away with it.But, for all the damage the Biden Administration, Congress, the Press, and the private sector proxies of the Administration have done to this Country and to its people in just two years—and with two more years remaining to be reckoned with before the demented fool in Office walks out on his own two feet or is otherwise wheeled out—Americans may take some solace in the fact that a modicum of the Founder’s wish for us still remains and, hopefully, the Republic they created will outlast any and all attempts by the Biden Administration and others to harm it further or possibly destroy it.
THE NECESSITY OF OUR NATION’S NATURAL LAW RIGHTS TO FORESTALL, DERAIL, OR PREVENT TYRANNY
What is required to protect a free Republic and the sovereignty of the American people from the thrall of Tyranny of Government? It is the persistence of Americans’ natural law rights, and two in particular: free speech and an armed citizenry. These are necessary conditions to keep a free Constitutional Republic alive and to keep tyranny at bay.These two Rights subsume all the others and are inextricably tied to each other.Both are integral to the functioning of and preservation of the Nation as a free Constitutional Republic.
THE RIGHT TO FREE SPEECH
The natural law right of free speech entails the right to dissent.This right is essential to the sanctity and inviolability of one’s Soul and it is one of two fundamental natural law rights necessary to keep the tyranny of Government in check.Through the exercise of it, a person expresses his individuality. But erase it, and a person becomes a Zombie, or, in archaic Judaic folklore, a “Golem.”A Zombie or Golem is a creature not of God but of man—a thing of mud and dirt, unfinished—with the makings of a man, and seeming to be a man in rough form, but lacking the Divine Spark, the animating breath of life and Being and Spirit, and Soul, bequeathed to man by the Divine Creator. The Divine Spark comes only from the Divine Creator alone—the source of free will, moral conscience, creative energy, drive, motivation, aesthetic sense, and self-awareness—thus, the idea of Man in the Image of God.A Zombie/Golem is not of God, and, therefore, but a forlorn creature, lacking will, conscience, motivating impulse, aesthetic sense, and self-awareness, NOT a man.That is what the Biden Administration would wish to make of all of us—a thing that doesn’t think, but only reacts to the gospel the Biden Administration preaches, as echoed by the Administration’s vast propaganda organs—a formless mob that does not engage in conscious thought and reflection, and that is incapable of engaging in creative thought or exchange, but simply does as it is told.
THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS
The right to keep and bear arms entails the right to self-defense in the broadest sense.The natural law right to armed self-defense is essential to the maintenance of a person’s security and physical well-being, keeping predatory man, predatory animal, and predatory Government at bay.Through the exercise of the right to own and possess firearms, the citizen keeps his sovereignty and dominion over the Government in check, lest it degenerates into worst tyranny.
THE RIGHT TO DISSENT AND THE RIGHT TO BEAR ARMS ARE BOTH NECESSARY FOR THE PRESERVATION OF A FREE STATE
These two basic rights, Free Speech and the Bearing of Arms are essential fixtures of a free Constitutional Republic, inseparably linked, and fused as one.If Man has the right to dissent from the encroachment of tyranny but lacks access to firearms, he may have the will to resist but he lacks the means to do so.If Man has access to firearms but lacks independence of thought, Man’s mind is adrift. He lacks the will to preserve “the security of a free State.” And his weapons come to naught.Both are required.The government thus binds a free man to its dictates; suppresses man’s creative impulses and drives; insinuates itself into every aspect of man’s life. And in making man’s life miserable, the Government at once makes certain that man cannot fight back against that Government. Its actions become more incessant and more aggressive.Nothing remains private or sacred; nothing remains beyond Government’s all-seeing eye, and nothing remains beyond the power of Government to poison and destroy all good things—all to promote the “Good Society,” i.e., the well-ordered society, the well-behaved society, the conformist society.The government even deadens a person’s instinct for self-preservation: there is no “Self” left to preserve.A person thus comes to view himself as merely an insignificant, lifeless cog, in a lifeless, cold, remorseless machine.AQ has previously pointed out that the natural law right of speech, i.e., independence of thoughts, and the natural law right of self-defense, which logically entails armed self-defense, are inextricably linked. See our article, titled, “The Right To Dissent And The Right To Bear Arms Are A Bulwark Against Tyranny,” posted on this website, on November 21, 2022. In pertinent part, we wrote,“. . . if one is prevented from exercising one’s freedom of speech—the freedom to dissent, the freedom to exercise independence of thought—one’s mind, spirit, and soul is damaged.And, if one is prevented from exercising his freedom to bear arms—one’s right of defense against a predatory beast, predatory man, or predatory government—then the safety and well-being of one’s physical Self are imperiled.The two most basic rights—the right of self-protection and independence of thought—go together. To lose the one is to lose the other.”Autonomy of Selfhood is impossible where the individual is helpless—physically, psychically, mentally, intellectually, and spiritually.But, many would resist and would have the means to do so, as long as one is armed. But our Country is not like those of the EU, or of the British Commonwealth. Our citizenry is armed.But suppose the Government allowed man a modicum of expression, freedom from relentless scrutiny in exchange for paying homage to it. And suppose the cost for that was the loss of his firearms—the thing that can bring down tyranny.Suppose Government could “tease” those who resist mass confiscation of their firearms into surrendering them if the Government promised to them from harassment and the ire of their fellow compliant, docile compatriots.If successful, Government’s tentacles would wrap around the last vestiges of freedom. Nothing would remain to stop the plunge of the Country into totalitarianism. Law, as such, would devolve into ad hoc pronouncements, and edicts of the Tyrant and his minions, that could change at the Tyrant’s whim, without prior notice. The Tyrant would constantly keep the populace confounded, off-balance, and in a state of abject fear, without the means and wherewithal to object. And those few that could still reason at all would rebel against Tyranny if they could, but they cannot because they lack the means, firearms, to do so.Man, lacking the means to ensure his freedom would become wholly dependent on the Government to satisfy his basic needs, his physical survival. His life would be reduced to mere subsistence. And, for those few who stood in the Tyrant’s grace, their life would be carefree, and pleasant enough, but would be purposeless, meaningless, and inane. Each day would be marked by pursuing one pleasure after another, living life in a slothful, languid manner. And, as ever required now and then, showering the Tyrant with flattery, and slavish devotion, for this modern-day courtier could never know when he might fall out of the Tyrant’s grace. One would have to look to the life of serfs and that of the nobility and royalty in the Middle Ages to find a useful comparison for what is in store for mankind in a neo-feudalistic world empire that is in the making.In the absence of the armed citizenry, the tyranny of Government is not only possible. It is inevitable!
THERE IS A REASON THE BIDEN ADMINISTRATION, LIKE ITS PREDECESSOR, THE OBAMA ADMINISTRATION, IS APOPLECTIC OVER GUNS AND THE NATION’S THE ARMED CITIZENRY, AND IT HAS NOTHING TO DO WITH CONCERN FOR PUBLIC SAFETY.
Make no mistake: The government, THIS FEDERAL GOVERNMENT, is coming after Americans’ weaponry, doing so, incrementally, in dribs and drabs. Any setback leads immediately to another effort. The Biden Administration and Democrats in Congress won’t stop until they have de facto erased the right of the people to keep and bear arms, codified in the Second Amendment, and have confiscated millions of firearms from the civilian citizenry. The campaign of confiscation will continue, indefinitely under the dictatorship that this Country is moving toward by leaps and bounds.The Government usurpers are in deathly fear of the armed citizen. That explains their stubborn, all-consuming drive to erase the Second Amendment. But they cannot acknowledge this. They can never acknowledge this. They cannot so much as suggest this.To do so would be to admit their fear and weakness. And it would draw attention to their unlawful acts of usurpation of the citizenry’s sovereignty over them.It would cast light on their unlawful attempts to erase Americans’ natural law rights. The armed citizenry is the one remaining failsafe to keep tyranny from the final triumph over Nation, Constitution, and People.The usurpers of our sovereignty assiduously avoid acknowledging or even intimating their own dread of the armed citizenry. They do so by cleverly deflecting attention away from themselves, from their own fear, and directing public attention on those Americans who abhor firearms and who shun those who exercise their God-given right to keep and bear them. Thus, the Government creates the myth that it is the armed American citizen who induces fear in all other Americans, and that public safety and order demands that Americans relinquish their firearms. It is all nonsense, of course. The criminal element and homicidal maniac will not be affected, nor deterred by this—not by any of it. Note that the Biden Administration and anti-Second Amendment groups’ efforts are always directed at creating laws targeting the average American citizen, with no mention of the criminal element and little to no mention of the mentally incompetent.This little fact should give discerning Americans pause, as it undercuts the Biden Administration’s contention that its arms control policies to end Gun Violence—their present go-to catchall phrase—are directed at promoting public safety and public order for the benefit of Americans. Given the lack of any coherent Government policy to tackle rampant violent crime, whether criminals use firearms or any other implement at their disposal, the inference that one must draw from this is that the Biden Administration, along with a captive, seditious Press, and Anti-Second Amendment groups, such as the Brady antigun group, and Everytown for Gun Safety, isn’t interested in dealing effectively with violent crime—and never was interested in that. The Administration’s interest and that of the Press and Anti-Second Amendment groups is and always was, on eliminating the armed citizenry. That explains why the focus of their efforts was and is directed almost entirely on going after gun manufacturers, and retail gun dealers, ammunition suppliers and manufacturers, and weaponry in the hands of the average citizen. The aim is to destroy the fact of and the very notion of an armed citizenry as the mainstay to protect the security of a free State. A Tyranny has no use for either a free State or a free people.Curbing instances of violent crime, especially in our Nation’s major urban areas, is rarely if ever mentioned. One only hears the expression Gun Violence or Assault weapon mentioned and those phrases are only mentioned in the context of the average, rational, responsible gun owner, not in the context of the psychopathic criminal element or the drug-addled raving lunatic that is, alone, responsible for violent crime. But, then, these criminal and lunatic elements are serving a purpose, if unconsciously. They are serving the Government by demoralizing and disorienting the public, and by destabilizing society. Defunding police departments, handcuffing their ability thereby hampering their ability to fight crime and to protect their respective communities; banning the popular semiautomatic weapon in common use, that is utilized for self-defense; restricting the public’s use of firearms through the enactment of a multitude of mind-numbing federal and State laws that negatively impact a person’s ability to defend him or herself in a life-threatening situation, criminalizing the right of the people to keep and bear arms—all for the purpose of providing for and promoting public safety—this is difficult to fathom. Claiming a desire to protect the public by leaving it defenseless beggars credulity. How does this work? It operates in this way——The Government, presenting itself as a Guardian of public safety and order pretends to protect the unarmed John Q. Public—not from the criminal element or the homicidal maniac—but from the armed John Q. Public citizen. This is the unstated but constant and consistent theme running throughout Biden’s attack on gun possession and ownership. There are too many guns, i.e., there are too many guns in the hands of too many average Americans.The Government and its propagandists do this by positing that the armed John Q. Public, is, a danger to the public by dint of his desire to exercise his natural law right of armed self-defense, and, so, the claim is that a person who wishes to exercise his God-given right of armed self-defense is, by definition, a violent aggressor and inherent danger to the public by virtue of his keeping and bearing arms; ergo, he is a transgressor of public order and harmony, and of societal norms; that he is “unmutual” and must undergo social conditioning to correct his abnormal behavior and abnormal thought processes.But, what is really going on here is Government Tyranny imposing its will on those who will not accept the imposition of Tyranny upon the Country. But the Government is taking pains to hide that fact. So, by a feat of legerdemain, the Tyrannical Government doesn’t refer to itself as stepping on the head of the American citizen—who seeks only to be left alone and to exercise his God-given rights, free from coercion and harassment. Rather, the Government, THIS Federal Government, i.e., THE BIDEN ADMINISTRATION, points its finger at those individuals—who happen to be tens of millions of us— who rightfully refuse to conform their thoughts and behavior, their individuality, to unlawful Government edicts and dictates. The Biden Administration claims that it is these Americans who are stepping on “the rights” of their neighbors, namely those people who have abjectly surrendered their Soul, Spirit, and Selfhood to the Government.As this Federal Government, this Biden Administration dismantles our Free Constitutional Republic, some Americans accept this. Some even laud it. But many others realize the danger this Government poses to the well-being of the Republic and to the sanctity and inviolability of their individual Being. And they will have no part of it.The theme presented by the Government’s propagandists is——New Age Remodelers of America, “the Sensible Americans” vs. Old Age Preservers of the Republic, “the Irrational Americans.”Drilled down to its basics, what the perspicacious observer sees is the age-old battle now come back to haunt us, Americans:Tyranny versus Liberty.It is really that simple. And with each passing day, the dynamic playing out throughout the Land is ever clearer. Which shall it be? The “vote” is out on this.
THE GOAL OF THE BIDEN ADMINISTRATION IS THE GOAL OF THE UN POLICY THINK TANKS, AND OF BOTH THE EU AND OF THE BRITISH COMMONWEALTH NATIONS THAT ARE ALREADY HALFWAY THERE: THE DESTRUCTION OF THE WESTERN NATION-STATE—ALL OF THEM, AND WHAT REMAINS OF EACH OF THEM ARE TO BE MERGED INTO A ONE-WORLD TYRANNICAL GOVERNMENT. THAT IS THE AGENDA. THAT IS THE PLAN. THEY ARE ALL OPERATING OUT OF THE SAME PLAYBOOK, AND IT IS ALL TIED TO THE UN ARMS CONTROL PROTOCOL, TIED TO INTERNATIONAL IDEAS ABOUT GUN OWNERSHIP AND POSSESSION.
The goal is this: immersion of all western nation-states, including, and especially, the United States, into a neo-feudalistic world order. This is to replace all independent sovereign nation-states and, of salient importance, this requires the inclusion of the United States for the postulated tyrannical empire to be successful. The inclusion of the United States into a grand world Totalitarian scheme is required, not only because of its nuclear power capabilities but because of the Nation’s unique Bill of Rights, the only truly free Constitutional Republic in existence since the dawn of civilization. It won’t do for the United States to continue to exist as the one independent sovereign western nation-state holdout, with its free and sovereign citizenry in a world that is ruled by a small tyrannical cadre of royalty and nobility, oppressing humanity through a massive police, military, intelligence, surveillance presence. Waves of oppressed people would attempt to enter the United States, illegally, as they do now, but this would not be in accordance with the present UN agenda to destroy the integrity of a nation’s geographic borders, the unstated goal of which is to pave the way for a tyrannical neo-feudalistic empire, encompassing much of the world. No.This new wave of would-be transplants would try to circumvent the Globalist agenda of a one-world government, resulting in growing unrest among billions of people throughout the world. Such massive unrest would be exceedingly difficult to contain, absent a bloodbath such as the world has never before seen. But, the result of such a bloodbath would lead to further upheaval in the world empire. And that upheaval could not be contained. Fissures would open up throughout the empire, and the empire would collapse from the unsustainable weight of itself, no longer kept in reasonable check through its brutal class of military, para-military police, and intelligence overseers. Consider the problem that CCP China is having with its own disgruntled oppressed population. As large as China is both in landmass and in population, it is nothing on the order of a world empire. Can Xi Jinping’s Government contain the unrest? It would seem so. After all, the Chinese people do not have access to firearms. They cannot easily defy the tyranny they have lived under for so long, especially, in the years of the CCP Coronavirus pandemic, which they still live under. But, fractures are in this tightly controlled society. But, without firearms, a revolution cannot succeed. Thousands of people may be killed, and tens of thousands more could wind up in detention camps. Possession of firearms in CCP China is strictly controlled.“The Law of the People’s Republic of China on Control of Guns,” is lengthy and makes clear that obtaining Government approval to possess a gun legally for the average citizen is highly unlikely and would hardly be worth the effort, even if a person were able legally to obtain one. The Gun Law of CCP China provides in part,“Article 1 This Law is enacted for the purpose of tightening control over guns, preserving public security and order and ensuring public safety.Article 2 This Law applies to control of guns within the territory of the People’s Republic of China.“Article 3 The State establishes strict control over guns. All units and individuals are prohibited to possess, manufacture (alter and assemble included), trade in, transport, lease or loan guns in violation of the provisions of laws.The State shall severely punish any criminal act committed in violation of the control of guns. Every unit and individual has the obligation to inform against any violations against the control of guns. The State shall protect the informant and reward the persons who have rendered meritorious service by informing against criminal acts committed against the control of guns.Article 4 The public security department under the State Council shall be in charge of control of guns throughout the country. Public security organs of the people’s governments at or above the county level shall be in charge of the control of guns in their administrative regions respectively. The public security organs of the people’s governments at higher levels shall exercise supervision over the control of guns by the public security organs of the people’s governments at lower levels.”
THE BIDEN ADMINISTRATION DOESN’T HAVE AN EASY JOB OF IT TRYING TO CONVINCE AMERICANS THAT GUN POSSESSION IS TO BE CONSIDERED ARCHAIC, OUT OF VOGUE, AND INCONSISTENT WITH MODERN-DAY INTERNATIONAL NORMS OF THOUGHT AND CONDUCT—AS IF AMERICANS SHOULD GIVE A DAMN ABOUT THE TYRANNY PREVALENT IN THE EU OR IN THE BRITISH COMMONWEALTH NATIONS ANYWAY, OR THAT NATURAL LAW RIGHTS THAT ARE, OF THEIR NATURE, GOD-GIVEN, AND, SO, FUNDAMENTAL, UNALIENABLE, ILLIMITABLE, IMMUTABLE, UNMODIFIABLE, AND ETERNAL ARE THE SORTS OF THINGS THAT CAN EVER BE CONSIDERED OUT OF FASHION.
The Biden Administration, much of Congress, and many Americans, as well, are completely out of touch with the basic precepts, principles, and tenets of the U.S. Constitution, upon which our Nation, a free Republic was founded and upon which it is grounded. Attempting to discuss this matter at all with them is doomed to failure at the outset. There is no common ground upon which a dialog could commence. To try to do so would be like attempting to carry on a conversation with an alien species. There is nothing decipherable between us and them. Neither of us could begin to translate the other’s language. That explains why this Nation is at loggerheads. Biden’s remarks at his inauguration, if one can even accept the propriety of calling it an inauguration, where he talks about unifying the Nation, he was probably being insincere at best. But, even if Biden were, at the time at least, being honest, his attempt at bringing the Nation together was impossible at the get-go. Both he and his Administration operate on a set of postulates nakedly inconsistent with the U.S. Constitution. So, where could an American citizen who cherishes the Constitution, and who cherishes our history, heritage, culture, Judeo-Christian ethic, and Nation’s ethos, even begin a conversation, on any matter with him or with any of the people that serve in his Administration? Biden’s speech to the Nation, on September 1, 2022, was beyond the pale. To make sense of it at all, one must infer that he has declared war on half the Nation. There is nothing else to make of it. There’s not so much as a hint of rapprochement either in the content or tone of that speech, let alone a suggestion of national unity in it. In truth, the speech was nothing more than a harangue, and the backdrop only accentuated that fact. It is not surprising that Biden would be dead-set against Americans’ exercise of their right of armed self-defense. One does not proffer arms to a perceived enemy. One confiscates arms from that enemy. And, so Biden attacks the armed citizenry, incessantly, mercilessly.Aided by a seditious Press, the Biden Administration claims that Americans who “flaunt” their exercise of the right to keep and bear arms jeopardize all Americans, even as it is really, and only, the Government itself that registers agitation, hatred and dreaded fear of the armed citizenry.In the Sunday, November 26, 2022, NY Times, the author of the piece, Mike, McIntire, exclaims,“Across the country, openly carrying a gun in public is no longer just an exercise in self-defense — increasingly it is a soapbox for elevating one’s voice and, just as often, quieting someone else’s. . . .Armed Americans, often pushing a right-wing agenda, are increasingly using open-carry laws to intimidate opponents and shut down debate. . . . Today, in some parts of the country with permissive gun laws, it is not unusual to see people with handguns or military-style rifles at all types of protests.”Note the author’s recognition of the close nexus between the First Amendment, “Freedom of Speech,” and the Second Amendment, “right of the people to keep and bear arms.”Yet, in that entire Op-Ed essay, posing as a news account, there is not a word mentioned of actual violence occurring by these well-armed Americans protesting the Government; nor is there any mention of fear of violence felt by one American that another American happens to carry a firearm.Apparently, violence is taken as a given, i.e., as axiomatic, without the need for proof. Merely TO BE armed is enough to scare the Tyrant. As well the Tyrant should be frightened. As well all Tyrants should take note of the Tyranny they imposed on their people. And it is both the right and the duty of the American citizen, to point out to the Tyrant that it is the Tyrant’s behavior that promotes violence directed at the Tyrant. That violence does not emanate from the armed without good reason. The Federal Government has nothing to fear from the armed citizenry as long as it acts in accordance with the U.S. Constitution and serves the interests of the American people. THIS IS AS IT SHOULD BE! AND IT IS AS THE FRAMERS OF THE U.S. CONSTITUTION INTENDED! Sad it was that Americans once were compelled to take up arms against a Tyrant. And that Tyrant, George III, and the Rothschild Bankers resided across the sea. Worse it is when one’s own Government imposes tyranny on its own people.But invoking fear and anger in the masses is necessary to rationalize restrictions on the right to keep and bear arms, for Tyranny cannot prevail in the midst of an omnipresent armed citizenry, and where one Branch of Government, the U.S. Supreme Court, stands guard over the Bill of Rights, as is presently the case. The author of the Times article, supra, was compelled to recognize the seminal Second Amendment Heller case, but since it doesn’t serve the Tyrant Government’s agenda, with whom the Times newspaper is in alliance, the author deliberately misrepresents the import of the case, distorting it to serve the Government Tyrant’s cause.Slithering around the import of Heller, McIntire says that Heller— “. . . made clear that gun rights were not unlimited, and that its ruling did not invalidate laws prohibiting ‘the carrying of firearms in sensitive places.’ That caveat was reiterated in a concurring opinion in the New York case.”The news reporter latches onto the phrase “gun rights were not unlimited.” But that phrase is dicta. It isn’t the law. The phrase has nothing to do with the Heller holdings. So, why is it in Heller at all?Ever mindful of his words, the late Justice Antonin Scalia, who penned the majority opinion, would have preferred not to use it. He inserted the phrase into the opinion likely to appease both Chief Justice, John Roberts, and retired Associate Justice Anthony Kennedy to obtain their votes.The phrase was not meant to give carte blanche to States to run roughshod over the Right. But the phrase seems to suggest that the States can do just that, and many States have in fact done just that, which is why the Court was compelled to take up Bruen.What Justice Scalia meant by the phrase, “gun rights were not unlimited” is this, as set forth in the Majority Opinion:“The Court’s opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.”Scalia alluded to the Federal Statute, 18 U.S.C. § 922(g) that precludes certain categories of individuals from possessing firearms.In that paragraph, cited supra, Justice Scalia also refers to “sensitive places” but this is merely an observation. Scalia simply mentions the places where, historically, individuals were prohibited from carrying a firearm. But this doesn’t mean a State can designate “sensitive places” willy-nilly.The phrase, “sensitive places” wrongly inspires wrong-headed thinking about the application of the Right. The failure of many jurisdictions to heed the rulings of Heller explains why Bruen came along, thereafter.In striking down the “proper cause” requirement of New York, Justice Thomas, writing for the majority, clearly also warned the New York Government about the misuse of “sensitive place” restrictions. New York Governor Hochul ignored the warning.Hochul’s contemptuous attitude toward the High Court, illustrated in a plethora of amendments to the State’s Gun Law, has led to several legal challenges, pending in Federal District Courts of New York and in the U.S. Court of Appeals for the Second Circuit.It is in the nature of Government that it inevitably fosters ill-well in the polity it is supposed to serve. In the process, it gives itself expansive powers beyond what Statute and Constitution allow.And what is Government, anyway? It is a creation of man, not a creation of God. It is an artificial construct.Unlike the Divine Creator, perfect and eternal, Government is imperfect and impermanent; flawed and transitory, and dangerous to freedom and liberty.The poet and essayist, Henry David Thoreau, stated, and oft-recited to this day:“That Government is best which governs least.”Of all our Presidents, from the late 20th Century onward, Ronald Reagan, our 40th President, knew this best, and his Administration sought to place brakes on the Administrative State to prevent it from doing harm to the public. The website, reagan.com, sets forth,“Anyone curious about the views of Ronald Reagan on big government can consider what he thought were the nine most terrifying words in the English language: ‘I’m from the government, and I’m here to help.’ Reagan stated many times the danger of this seemingly mundane claim, and it came to define many aspects of his presidency, as well as his legacy.”The 45th President, Donald Trump, to his credit also knew of the danger of “Big Government,” and he emulated Reagan in recognizing this and doing his best to rein Government in. See the msnbc.com article, comparing Trump and Reagan.Americans who wish to preserve the Nation in pristine condition, consistent with the precepts of the Constitution as understood by the framers of it, and those who seek to dismantle the whole of it, both acknowledge and agree with the comparison, although the former laud the sentiment expressed, while the latter condemn it. See msnbc article: Now juxtapose Reagan’s greatest fear for the Country with this from Biden, as mentioned in a Forbes article:“In off-the-cuff remarks at a recent meeting of the Business Roundtable, President Biden said, ‘There’s going to be a new world order out there, and we’ve got to lead it.’” The meaning of the remark made at the end of March 2022, when viewed from all that Biden’s Administration has wrought—from the time Biden set foot in the Oval Office, up to the present time—exemplifies Reagan’s worst fears of Government overreach and usurpation of the sovereignty of the American people over Government and the loss of a free Constitutional Republic.Reagan’s fear bespeaks the quandary that the framers felt in constructing a Government for the nascent Country. For, Government suppresses man’s freedom and liberty and oppresses his dignity. That’s the way things are.The seeds of tyranny exist in all governments despite their myriad forms. The culmination of Tyranny, writ large, is that of a world government, which all western nations are moving inexorably and, it appears, irrevocably toward.The citizenry must judge the extent and scope of tyranny and ascertain that point it would no longer abide by tyranny.The framers of this Nation’s Federal Government knew that Government inevitably, invariably turns toward tyranny if left to its own devices, and, so, to slow the inevitable slide toward tyranny, they imposed restraints on the powers the Government can lawfully wield. And they further demarcated Government’s limited powers among three coequal Branches.But the framers also knew that, even with the checks and balances in place, as set down in the Articles of the Constitution, this would not prevent the onset of tyranny.Thus, to check the inexorable and inevitable march of the Federal Government toward tyranny, they delineated and codified, in the Constitution, the Divine Rights of the people, against which Government cannot lawfully tread.Yet, tyranny in the Federal Government is now fully upon us. It cannot be reasonably denied. And it came about due to the inattentiveness of the electorate and to the secretive, ruthless enterprises of powerful and wealthy people, both inside the Federal Government and outside it. And, this tyranny of Government will only worsen, and with rapidity.These are a few of the major outward signs of Tyranny:
- Consolidation of power;
- The Weaponization of Government agencies, bureaus, and departments against the citizenry and against the 45th President;
- Attempts to de facto merge the three Branches;
- The abject failure of the Biden Administration to conform its policies to Federal Statute and to the U.S. Constitution, and the failure of Congress to take action against Biden for the betrayal of his Oath of Office;
- The lack of robust Congressional Debate;
- Keeping the public in the dark about Government policies and initiatives;
- Wasteful spending, and amassing exorbitant Government debt;
- Government misuse and deliberate lack of use of our Nation’s energy resources, together with disastrous economic policies, driving our Nation and its people to penury;
- Government appropriation of information resources for propagandizing to the public;
- The deliberate dumbing down of our public education system.
There is one other major sign of Tyranny at home, and the gravest:
- The erosion of Americans’ natural law rights.
The erosion of Americans’ God-given natural law rights is taking place contemporaneously with and, in inverse relationship to the explosive and unlawful expansiveness of Governmental power.Knowing what they are doing is wrong, and expecting pushback, the Government has sought to weaken Americans’ ability to constrain tyranny, by curbing the exercise of Americans’ fundamental rights.Speech is routinely censored and dissent quashed. And the right of the people to keep and bear arms suffers constant incursion by the Biden Administration that seeks to constrain and ultimately eliminate the exercise of it. Constant surveillance has withered the unreasonable searches and seizures clause of the Fourth Amendment, and illegal confinement and cruel and unusual punishment of Dissenters is in defiance of and violation of Rights secured in the Fifth, Sixth, and Eighth Amendments to the U.S. Constitution.In face of all of this, how can Americans prevent totalitarianism short of armed rebellion? Is armed rebellion to overturn tyranny even lawful? Does the Second Amendment allow for this? AQ has touched on this in previous articles and will look at this in-depth in future articles.But, apart from armed rebellion, what can one say about our electoral process? Perhaps it is sufficient for dealing effectively with the nascent tyranny of Government. But, how effective is the electoral process for dealing with full-blown tyranny?Must Americans rely on the electoral process alone to right the many Government wrongs? Perhaps, and most likely only where Americans have recognized incipient tyranny and can elect legislators and a U.S. President who have the moral bearing and the fortitude to do so. The 45th U.S. President had the qualities necessary to short-circuit the Nation’s slide toward tyranny. And the public, most of us, at any rate, had faith in the integrity of the electoral process. But the electoral process did not allow Donald Trump to serve a second term. And, why was that? The economy was booming. Trump kept us out of wars. He strengthened our Nation militarily and geopolitically. And he protected our geographical borders. And he turned around the slide of the Nation toward Global world government tyranny. In short, he made the Government work for the interests of the American people and in strict accordance with the U.S. Constitution. One would fully expect he would and should serve a second term. But he lost reelection in 2020? Or did he?If the Nation’s electoral system was fair and above board, then one must accept the results, even if the majority of voters were duped into electing Joe Biden as the 46th U.S. President. But were most of the electorate duped into voting for Joe Biden? Some were, no doubt. But, we think, most Americans were not duped and did not vote for Biden. And that makes Biden, The Great Pretender. And this also means the electoral system did not operate fairly and lawfully.For the electoral system to work, the public must have faith in it. But, for the public to have faith in the electoral system, it must be shown to operate fairly and above board. This is a bit of circular reasoning, we know. The problem is that the machinery of the electoral system as it presently operates is opaque. And that raises suspicion, and justifiably so.The Government and the legacy Press insist that the public must have faith in the electoral process. In fact, the Government and the Press are frantic that the public fervently believes our Nation’s electoral system is fair and above board. The Government, the Press, and the titans of social media brutally censor and ridicule those who say otherwise. But their hysteria over this matter doesn’t quell concern or debate; it only enhances the concern over the propriety and fairness of the electoral process and breeds more suspicion. Should Americans justifiably place their faith in an electoral system beset with the number and kinds of problems existent with it, as witnessed by all of us who have used it and much of what we learn, with a little digging, about it? Should Americans place their faith in the integrity of an electoral process merely on the say-so of the Government and the Press? Of course not.AQ delves into this matter in the next article.____________________________________*Note to Reader: This updated essay contains additional content.____________________________________Copyright © 2022 Roger J. Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
ONCE AMERICANS LOSE THEIR RIGHT TO BEAR ARMS, THEY WILL NEVER AGAIN REGAIN IT
“Another enduring principle is that we need countries to cooperate, now more than ever. Not a single global challenge that affects your lives can be met by any one nation acting alone – not even one as powerful as the United States. And there is no wall high enough or strong enough to hold back the changes transforming our world.” ~ A slice of Secretary of State Anthony Blinken’s statement to the American people and to the world, delivered in Washington, D.C., on March 3, 2021, less than five weeks after the Senate confirmed his nomination as a Cabinet Secretary.
CHANGES TRANSFORMING THE WORLD MUST NEVER BECOME THE PRETEXT FOR TRANSFORMING A FREE CONSTITUTIONAL REPUBLIC INTO A PAWN OF TYRANTS
SOME TRUTHS ARE ETERNAL, NOT SUBJECT TO CHANGE
The U.S. is the only truly free Constitutional Republic in existence. That is how the framers of the U.S. Constitution designed our Government.Our Federal Government is the only one on Earth that exists solely to serve the interests of the American people. It has no other purpose.The Federal Government is answerable to and subordinate to the people. The American people are supreme sovereign over the Government.Once the servants of the people fail to recognize and acknowledge these aforesaid facts, and then forsake the interests of the people, the Government has descended into Tyranny.The American people have no lawful duty to suffer Tyranny. The Nation was founded on one singular precept, set forth in the Declaration of Independence. It is that our people are a free people and are to ever remain so, and as sole sovereign over their Government and each to him or herself, masters of their own fate, and the final arbiters and deciders of the Nation’s destiny.The Arbalest Quarrel has written extensively on Tyranny and will continue to do more. See, e.g., our article posted, a little over one year ago, on October 1, 2021.
HOW DO AMERICANS EXERT THEIR SOVEREIGNTY OVER A GOVERNMENT THAT HAS RAISED THE SPECTER OF TYRANNY?
That the American people are lord and master over the Government, this is to be understood as resting not only in the limited and demarcated powers of Government but, more fundamentally, in the unalienable, illimitable, eternal, and unalterable natural law rights bestowed on man, not by Government or by other men, but by the Divine Creator, and thereupon codified in the Nation’s Bill of Rights.The Bill of Rights is an integral and essential part of the U.S. Constitution.By voicing dissent against the encroachment of Tyranny, and through the firearms they bear to thwart its inception and to prevent its entrenchment, the American people have the means not only to stave off Tyranny but both the right and the duty to do so, else they merit the Tyranny they allow to exist by their active or passive failure to resist it.None of this can be reasonably doubted. Yet, somehow, somewhere through the passing years, decades, and centuries, these paramount truisms became eroded, and, for many citizens, they became lost to memory.The forces that crush entire populations and nations, utilizing, in recent years, advances in both psychological conditioning and communication technology, have induced veritable amnesia in the masses of all countries, dulling their mental acuity and deadening their will and spirit. This has done much to dampen the resolve of populations of much of the European Union as well as of the populations of the British Commonwealth of Nations.And the same insidious weakness has now infected the American psyche, brought about by similar, incessant brainwashing programs, introduced into our Country by the same forces that have crushed western Europe and the British Commonwealth Nations. And they have thence directed their toxins against Americans, lessening their resolve, fostering self-doubt, confusion, and outright fear of the very Government that was created to serve them.This Federal Government has betrayed the American people; misused the powers entrusted to it—has turned those powers upon the American people. It has unlawfully brought those powers to bear on its own masters. In so doing the Government has usurped authority that rests not in Government and never did—authority that rests solely in the American people, and always has.Through their many agents, the forces that crush people and nations have gained ascendancy in Government here and have bent much of the private sector to their will. In the process, they have gained substantial control over the thoughts and conduct of a broad swath of Americans.Many Americans have become compliant, empty vessels, unable to escape from the incessant drone of hypnotic messaging, emanating throughout the Country. The messaging has infected all communication resources: smartphones, airwaves, and reading material—insinuating itself firmly into the minds of Americans, seeping poison into one’s reasoning faculties and into the darkest recesses of one’s emotions, where rests one’s fears and feelings of hopelessness.Wherever they may be, the American public has become an oft unwilling, captive audience to the constant dissemination of noxious propaganda.Yet many Americans have resisted indoctrination. Through inner strength of will, they are either immune to or have become inured to this indoctrination. They have effectively walled off the horrific effects of mass psychological indoctrination that have plagued so many others.
SOMETHING FOR AMERICANS TO PONDER WHEN THEY GO TO THE POLLS IN NOVEMBER
As the Midterm elections loom, the Obstructors and Destructors of our Nation have shown no disinclination of easing up on their agenda to corral and control the thoughts and conduct of the American people. On the contrary, they are “doubling down” their efforts.They intend to bring to fruition a global neo-feudalist State. To accomplish that feat requires them to maintain, as a necessary condition, firm control of Congress as well as the Executive Branch of Government.
HOW DID WE AMERICANS GET TO THIS PLACE WHERE OUR FOES HAVE TAKEN OVER CONTROL OF OUR GOVERNMENT, OF OUR PRESS, OF SOCIAL MEDIA, AND OF WEALTHY, POWERFUL CORPORATE AND FINANCIAL CONGLOMERATES?
The slow ossification of the thinking processes of Americans and the slow erosion of Americans’ natural law rights and liberties took time—commencing one hundred years ago—perhaps earlier. But it has rapidly moved ahead only since the turn of the 21st Century, made possible through major advances in communication and through the consolidation and control over much of the Federal Government and over our Nation’s myriad institutions.In their discourse the Destroyers of our Nation and their toadies endlessly go on about “Democracy,” but rarely do they mention the words, ‘freedom,’ ‘constitution’ and ‘republic.’ And they never mention the phrase ‘Free Constitutional Republic,” in one breath.That phrase—‘Free Constitutional Republic’—is an apt descriptor of our form of Government, and our Free Constitutional Republic has served us well since its founding. Because of it, we have become, in the space of fewer than two hundred years, the most powerful, successful, and wealthiest Nation on Earth—the envy of all other nations, where previous generations came legally to live the “American dream.”But the forces that crush people and nations are many and they are powerful, wealthy, and ruthless, and they are jealous of both the power of our Country, the resilience of its people, and the strength of our natural law rights, and our belief in the Divine Creator—ultimate sovereign over people and government. These forces intend to rend us from these beliefs and crush us.These wreckers of our Nation intend to plunder our Nation’s mineral resources and in the interim make those resources unavailable to the American people. And as they have taken control over the Federal Government’s military, police, intelligence, and judicial apparatuses, they have turned those engines of Government against the American people, as Americans are now beginning to learn.And what these wreckers of our Nation find either unsuitable to or antithetical to their needs, wants, and objectives, they have marked them as Detritus, and have consigned those items—both tangible and intangible—to the Trash Heap.And we all know what those items are:
- The Nation’s Constitution;
- The Idea and Fact of the Sovereignty of the American People over Government
- The Nation’s Natural Law Rights, Codified in the Nation’s Bill of Rights;
- The Dismantling of the Nation’s Institutions, History, Heritage, and Culture;
- The Destruction of the Nation’s Emblems and Symbols, and Arts and Artifacts;
- The Erasing of the Nation’s Ethos, Ethics, and Christian Morality;
- The Erosion of the Importance of the Family in American Society;
- Transitioning Americans away from Reliance on Self to Dependency on Government;
- Promoting the Precepts of Collectivism; Denigrating the Precepts of Individualism;
- Infusing Americans with a Conformist Mindset;
- Acclimating Americans to Conditions of Poverty and Minimal Expectations; and
- Dissolution of Concepts such as ‘Nation-State,’ ‘Citizen,’ and ‘Patriotism.’
Many if not most Americans know, if they had heretofore any doubt, that the Nation has undergone a not-so-quiet coup d’état, centered on the Executive Branch of Government, with the investiture of the Grand Harlequin, Joe Biden, inhabiting the Executive Suite of Government. This dementia-ridden, brain-addled, corrupt, and compliant fool serves as a placeholder for the real rulers of the Country: shadowy, sinister, powerful, ruthless elements bent on the Nation’s ruination. This fool, Joe Biden, who pretends to be the decider of American policy is the disturbing, disgusting public face of America—no more than a messenger boy through whom the dictates of the real rulers of our Country flow. The sinister forces that dictate their destructive policies to this toady in Government must derive a bit of smug satisfaction in that. As they destroy the Nation, they are at one and the same time able to shame it and mock it, as well. This explains why much of the Press and social media on behalf of the Government are more than insistent on getting the American citizenry to accept as legitimate, the results of the 2020 U.S. Presidential Election. They are frantic that Americans accept the simplistic narrative they have spun—fervently silencing, denouncing, and discrediting anyone who happens to offer an alternate view, brooking no voice to the contrary but offering no response to a reasonable query.Our Republic is hanging on by a thread.Strength of Will and Dint of Arms is what we have left. Let they be enough, and may we hold fast to both in these trying, dangerous times!___________________________________Copyright © 2022 Roger J. Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
THE IRONY OF THE HANDGUN TRAINING MANDATE IN NEW YORK’S AMENDED GUN LAW
Anyone who possesses a handgun, or any functional firearm, should be familiar with its operation and, ideally, proficient in its use. Few gun owners would object to that, and few would argue the responsibility to obtain understanding and proficiency of use rests with the individual, not the “nanny state” to require it.Yet, a burning question, asked rarely, if ever, but one that needs to be asked and answered is this: Should the State mandate handgun training when the individual undertakes that responsibility upon himself, where that responsibility properly belongs anyway, and where State handgun training is, then, time-consuming, unduly expensive, and clearly redundant?In that normative question rests a pressing legal one:“Does the State have the legal right to require handgun training and, if so, from where does that purported legal right to mandate handgun training derive?”There is nothing in the natural law right of armed self-defense as codified in the Second Amendment of the Bill of Rights of the U.S. Constitution that expressly says or alludes to a training requirement as a condition precedent to one exercising the right to bear arms, as a natural law right accruing to the individual. But is this assertion, true? Granted, it requires explication and qualification:The phrase “well-regulated” in the Second Amendment does mean “well-trained,” but only in the context of the prefatory “militia” clause, where it appears, not in the salient, independent clause: “the right of the people to keep and bear arms shall not be infringed,” where no mention is made of it.The late Justice Antonin Scalia, writing for the majority in Heller pointed this out. And Justice Alito, writing for the majority, in McDonald, reiterated and expanded upon it.An important distinction rests between the right of the people to keep and bear arms in matters of a life-threatening personal confrontation and the right of the people to keep and bear arms as “a failsafe” to thwart tyranny.And as for the matter of tyranny, the Heller majority discusses it, but in passing.Justice Scalia, who penned the Heller opinion, was undoubtedly acutely aware of making too much of the fundamental right of the common people to take up arms against a tyrannical government, in the seminal U.S. Supreme Court Second Amendment case of the 21st Century that, he knew, would draw incredulity and ire from many quarters, not least of all among some of his brethren, given the magnitude of the rulings.That Scalia mentioned tyranny, at all, especially given its trajectory in our Nation in the 21st Century, he may have felt it enough to allude to tyranny as an imminent threat to the continuation of our free Constitutional Republic, and prudently left the matter of discussion at that, going no further.But, one legal scholar, discussing Heller, who, as an academician, not a U.S. Supreme Court Justice, who need not be mindful of the potential backlash, elaborated on the singular import of tyranny as separate from the natural law right of self-defense. He writes:“The natural right of self-defense applies not only to defense of the individual, but also to the defense of society against tyranny. There was little disagreement on this understanding at the time of the founding. As Hamilton put it, ‘if the representatives of the people betray their constituents, there is then no recourse left but in the exertion of that original right of self-defense which is paramount to all positive forms of government.’ It was universally agreed that the well-regulated militia consisted of the entire general populace, which was to be armed and trained in the use of arms. Indeed, that the people be well trained in the use of arms was central to the founders’ understanding of the Second Amendment and was considered the basic source of their liberty. As Madison put it, ‘if the people [of Europe] were armed and organized into militia, ‘the throne of every tyranny in Europe would be speedily overturned in spite of the legions which surround it.’” “The Responsible Gun Ownership Ordinance And Novel Textual Questions About The Second Amendment, 102 J. Crim. L. & Criminology 471 (Spring 2012) by Owen McGovern.One can extrapolate from Heller and McDonald, that, when the Tyrant mandates arms training as a precursor to bearing arms, it isn’t done with the aim to create, in the commonalty, a force capable of deposing the Tyrant. That would be nonsensical.The Tyrant seeks to disarm the populace, not embolden it. Otherwise, the common man might displace the Tyrant.Mandating handgun training in jurisdictions such as New York is to inhibit the exercise of the natural law right of armed self-defense. Training, along with other mandates, takes time and money. The Government's goal here is to dissuade the would-be gun owner, not ease his burden of acquiring a concealed handgun carry license.Unfortunately, the U.S. Supreme Court majority in Heller, McDonald, and Bruen, allows the despots and despoilers in Government to betray the intent of its rulings.But the Court, knowledgeable of the irascibility and intransigence of forces hostile to the American citizenry’s fundamental, immutable, and unalienable rights, still provides these forces with loopholes, albeit reluctantly, to get around its rulings.Consider: immediately after the Heller rulings, the City of Chicago sought to ignore those rulings, claiming Heller applies to the Federal Government only, not to the States.Justice Alito, writing for the majority, refuted that idea, and then gave the City of Chicago the means to defy the Court, notwithstanding. How and why is that?Alito recognized the inherent dilemma the Court was in, and, perhaps, anticipating that Chicago would try to negate the impact of McDonald, was, nonetheless, compelled to acknowledge that,“This history of intrusive regulation is not surprising given that the very text of the Second Amendment calls out for regulation, and the ability to respond to the social ills associated with dangerous weapons goes to the very core of the States’ police powers. Our precedent is crystal-clear on this latter point.”This was all the City of Chicago needed to hear.The City mandated handgun training, arguing that doing so is within its power to regulate firearms, as Alito acknowledged. And the City thereupon promptly banned the means to obtain that training in Chicago. This impossible situation, not surprisingly, led to a Court challenge.In Ezel “II,” the Seventh Circuit, opined,“In Ezell I, we held that Chicago’s ban on firing ranges could not be reconciled with the Second Amendment and ordered the district court to preliminarily enjoin its enforcement. 651 F.3d at 710-11. . . . Chicago responded to our decision by promulgating a host of new regulations governing firing ranges, including zoning restrictions, licensing and operating rules, construction standards, and environmental requirements. (Firing ranges operated by law enforcement and private-security firms are exempt from the regulatory scheme; there are currently 11 of these located throughout the city.) The plaintiffs returned to court arguing that many of the new regulations violate the Second Amendment.In the face of this second round of litigation, the City amended the regulatory scheme four times. . . repealing or revising some of the new rules.”Since the Seventh Circuit precluded the City of Chicago from banning gun ranges outright, the City came up with another ploy. It cunningly established zoning restrictions, i.e., “sensitive places,” where gun ranges cannot lawfully operate.Does this sound familiar? Does this bring to mind New York’s new “Sensitive Location” restriction? It should.Likely taking its cue from Chicago, New York created a new Penal law section, NY CLS Penal § 265.01-e, that prohibits the carrying of a firearm, rifle, or shotgun in any “sensitive location”—applicable to a multitude of areas where a person holding a valid concealed handgun carry license could, once upon a time, not so long ago, lawfully carry a handgun, but now can no longer do so.And, like Chicago, New York now institutes mandatory handgun training as a condition precedent to obtaining a license to carry a handgun in public even though it never had mandated such training for holders of concealed handgun carry licensees before. And that raises a question as to the State’s rationale for it.Curiously, the Bruen majority opinion never dealt with the training issue. Reference to training appears only once: in Justice Kavanaugh’s concurring opinion. But that is dicta. It isn’t a Court ruling. And Kavanaugh simply notes this.So, then, is State mandated handgun training lawful? Probably so, as evidenced in Heller and more specifically in McDonald.Be that as it may, the application of a State’s police powers to over-regulate civilian citizen use of firearms ostensibly to promote public safety is a hard sell when the public faces the ravages of violent crime.The New York public now finds itself betwixt the proverbial rock and a hard place: at once bereft of a tenable means to protect itself, given a new spate of ponderous gun laws it must contend with, and a government ever apathetic to its needs for “public safety,” even as it incessantly, deceitfully proclaims its desire to promote it.Thus, Americans who cherish their Second Amendment right are compelled to file yet again, ever again, another round of lawsuits: a tedious, expensive, eternal process. And this will continue if unthinking sorts among the polity continue to vote the same unprincipled rogues and prevaricators into public office.____________________________________Copyright © 2022 Roger J. Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
WITHOUT AN ARMED CITIZENRY THE PEOPLE REMAIN AT THE MERCY OF THE STATE
POST-BRUEN—WHAT IT ALL MEANS AND WHAT ITS IMPACT IS BOTH FOR THOSE WHO SUPPORT AND CHERISH THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS AND THOSE WHO DO NOT; THOSE WHO SEEK TO UNDERMINE AND EVENTUALLY TO DESTROY THE EXERCISE OF THE RIGHT AND THOSE WHO SEEK TO PRESERVE AND STRENGTHEN THE RIGHT BOTH FOR THEMSELVES AND THEIR DESCENDANTS
WITHOUT AN ARMED CITIZENRY THE PEOPLE REMAIN AT THE MERCY OF THE STATE
MULTISERIES
PART TWELVE
HELLER, MCDONALD, AND BRUEN ARE THE MOST IMPORTANT UNITED STATES SUPREME COURT DECISIONS OF THE 21ST CENTURY
New York Governor Kathy Hochul and the Anti-Second Amendment Legislators in Albany were in a bind. The U.S. Supreme officially published its decision in NYSRPA vs. Bruen on June 23, 2022. Governor Kathy Hochul and the Democrat Party-Controlled State Legislature in Albany had reason enough to expect, and every reason to fear, that Bruen would be a momentous decision—and for Hochul and the Democrat Party Legislators in Albany—a disastrous decision, directly and potentially fatally, impacting the State’s century-old Gun Law, the Sullivan Act, long since codified in the State’s Penal Code, NY CLS Penal § 400.00, et. seq. It would take Hochul and the Legislators, and their respective lawyers considerable time to concoct a scheme that would salvage the Sullivan Act, creating the illusion—if ultimately unconvincingly—of complying with the High Court’s rulings. The Anti-Second Amendment Hochul Administration and the Legislators in Albany had nothing but contempt for the High Court. Hochul, herself, did not so much as try to hide this. On the Governor’s website, the public sees this announcement:“ ‘While the Supreme Court's appalling decision to strike down New York State's concealed carry law has potentially vast and far-reaching implications, it does not activate any immediate changes to State gun license and permit laws, nor does it allow residential permit owners to carry their weapons outside their homes. . . . “As the case returns to lower court, we encourage responsible gun owners to continue to follow their current restrictions, and always put safety first. While we are disappointed with the Supreme Court's reckless disregard for the safety of our communities, we are prepared to fight. And the Lieutenant Governor, Antonio Delgado, added this to Governor Hochul’ statement.“‘Yesterday, the Supreme Court sent us backwards in our efforts to protect families and prevent gun violence by striking down a NY law that limits who can carry concealed weapons. While the implications are not immediate, New York is committed to taking action and enacting a new set of laws that will work around this ruling. . . . If the Supreme Court and federal government won't act to keep our children safe, then New York will.’” Id.Hochul likely had received abundant advance notice of the content of the Bruen decision “on the QT,” judging by how quickly her Government came out with a comprehensive set of amendments to the State’s Gun Law. The Arbalest Quarrel has taken an in-depth look at the Bruen decision along with the Hochul Government’s response to it. There is a lot of material to digest, and we will continue to do this as nothing—absolutely nothing—is more critical to the preservation of a free Constitutional Republic, than the right of the people to keep and bear arms.All the rambunctious talk of “the need to get rid of guns” for the sake of public safety and public order for everyone serves as deflection. The message translates as: “constraining law-abiding citizens’ access to firearms for self-defense. The argument presented for doing so is specious on its face and, worse, it is corrosive of the fundamental truth that tyranny looms in the absence of an armed citizenry. Tyranny of Government looms in New York. And, as New York is a microcosm of the Nation, what transpires there has a ripple effect across the Nation: crime is rampant and intractable; the criminal justice system casts a blind eyed to the safety of the public, and the public is denied the right to defend itself against the danger presented. It is a recipe for societal collapse. The U.S. Supreme Court could see this even if the New York Government does not. The Court could not compel the New York Government to protect its citizens, but it could require New York to adhere to the core principles of the Bill of Rights. That means New York cannot lawfully prevent the citizen from protecting itself. The Bill of Rights boils down to these Divine absolutes: the sanctity and inviolability of Selfhood; and the fundamental, immutable, unalienable, and incontrovertible natural law right of survival against aggression, howsoever that aggression manifests itself: from predatory creature, or predatory man, or a predatory Government.Yet, as violent crime goes unchecked, and the criminal justice system itself remains constrained, the Hochul Government provides excuses. Yet, as to the matter of armed self-defense, the Hochul Government has much to say.It couldn’t dismiss U.S. Supreme Court rulings out-of-hand without admitting that it cares not for the Article 3 authority of the Court. So it came up with a workaround to salvage the Sullivan Act. It was as ingenious as it was diabolical. The Government pretends to give free rein to the law-abiding citizen to carry a handgun concealed for self-protection. And a seditious Press and the Hochul Government denounce the U.S. Supreme Court for turning New York into a “wild west.” The Press and the Hochul Government should reflect on that a bit. New York City and other jurisdictions, including those several on the west coast, and jurisdictions inland, including Minneapolis, Chicago, Philadelphia, Baltimore, and many others, are already in the throes of the “wild west.” In the name of the new secular religious dogma of “Diversity, Equity, and Inclusion,” and with Soros's money raining down on jurisdictions that support his Dystopian Nightmare of the “Open Society,” Cities across the Country are collapsing. Incompetence can’t alone explain this. It has to be deliberate.The degradation of society invariably follows in the wake of and must therefore be construed as a function of systematic denigration of the Second Amendment by governments in all of those jurisdictions. Congress and the Biden Administration have done little if anything to prevent wholescale annihilation of the exercise of armed self-defense, and much to promote it.And so it is left to the province of the U.S. Supreme Court to reinvigorate the Bill of Rights that the Federal Government and those of many States and cities have disdainfully ignored or actively dismantled.
DOWN MEMORY LANE: THE VIOLATION OF THE SECOND AMENDMENT OF THE NATION’S BILL OF RIGHTS
The U.S. Supreme Court had done with playing games with New York and with all other State Governments that had heretofore played fast and loose with the natural law right of armed self-defense. New York and other similar Anti-Second Amendment jurisdictions had withstood the impact of Heller and McDonald through feats of judicial legerdemain. And New York itself had weathered the storm of the predecessor to the Bruen case, New York State Rifle & Pistol Association vs. the City of New York, 140 S. Ct. 1525 (2020); often referred to informally as the “New York City Gun Transport” case.In both NYSRPA vs. Bruen and NYSPRA vs the City of New York, the U.S. Supreme Court began to zero in on a long-standing nemesis to the Second Amendment, New York, just as it had zeroed in on the District of Columbia and on Illinois, several years earlier. All three of these jurisdictions were notorious for systematically treating the right of the people to keep and bear arms, as the bane of Collectivist orthodoxy that seeks to Government absolute control over the thoughts and actions of the masses. And that requires suppression of basic freedoms and liberties—most notably that of speech, privacy, and the right to armed self-defense.The U.S. Supreme Court was one remaining Branch of the Federal Government that had had enough of the immolation of basic natural law rights: most concerning to some Justices on the Court: armed self-defense.If Congress and the U.S. President would not take concrete steps to preserve the natural law right of armed self-defense, several Justices on the High Court would do so. And, after years of noncompliance to High Court rulings in Heller and McDonald, two Associate Justices, Clarence Thomas, and Samuel Alito, would not be denied any longer. NYSRPA vs. the City of New York provided an opportunity to prevent the New York Government from continuously weakening the right of the people to keep and bear arms. The Court’s rulings would course through the rest of the Country, impacting those States that had enacted similar unconscionable, unconstitutional constraints on the exercise of the right codified in the Second Amendment.
NYSPRA vs. THE CITY OF NEW YORK: DECISION ON THE MERITS AVOIDED
In the Gun Transport case, Petitioners challenged a New York City rule preventing holders of restricted handgun premise licenses from transporting their firearms outside the confines of the City. Petitioners claimed the rule violated the Second Amendment and sought both declaratory and injunctive relief against enforcement of the rule insofar as the rule prevented their transport of firearms to a second home or shooting range outside of the city. The District Court and the Court of Appeals rejected Petitioners’ claim and they took the case up to the U.S. Supreme Court. The liberal wing of the Court, and likely Chief Justice John Roberts as well, were not keen on reviewing the case. They had no desire to take up any Second Amendment case they felt would serve, from their ideological perspective, of expanding the people's exercise of the natural law right of armed self-defense.Of course, Associate Justices Clarence Thomas and Samuel Alito, joined by Justice Neil Gorsuch—Trump’s first nominee to the High Court, after the untimely death and, some would add, dubious circumstances surrounding that death—do not view Second Amendment cases as irrational or unreasonable attempts by Americans to expand the natural law right of armed self-defense. Rather, these Justices perceive Second Amendment challenges to Government actions constraining the exercise of a natural law right as opportunities to preclude the Government from constraining the exercise of a supernal right. It is the unconstitutional actions of the Government that demand adjudication by the High Court—a task that should be unnecessary and would be unnecessary if the States and the Federal Government would acknowledge the Bill of Rights instead of continually frustrating Americans’ exercise of their fundamental, unalienable rights.Although the Gun Transport case wasn’t the ideal case to adjudicate, as many others had wended their way to the Court years before, yet could not garner enough votes for review, this case was the best that could be achieved at the time.The Petitioners sought to have the case decided on the merits. They argued that, notwithstanding that they held a restrictive premise handgun license, they still had a fundamental right under the Second Amendment to carry a firearm to a target range outside the City limits. Had the case been decided on the merits, the Court could have taken the opportunity to rule restrictive handgun carry licenses as presumptively unlawful. The liberal wing and Chief Justice Roberts would have none of that, and, likely, Roberts cajoled the newest member of the High Court, at that time, Brett Kavanaugh, to vote with him to forsake the opportunity the case gave them.The case didn’t just bother several members of the Court, it concerned Andrew Cuomo and other Anti-Second Amendment politicians who had made it their life’s work to make New York a veritable Gun-Free jurisdiction. And, Cuomo saw an escape route, and most of the Justices saw a pretext to avoid dealing with the case on the merits.Since the issue in the Gun Transport case pertained only to holders of restricted handgun licenses who, under New York law, could not lawfully carry a handgun outside one’s home for self-defense, there was the concern that the Court could come embroiled with the issue of armed self-defense outside the home. If so, that would impinge on the Sullivan Act itself. Neither the liberal wing of the High Court nor the Chief Justice, John Roberts wanted to deal with this. And Andrew Cuomo, the Governor at the time, and a virulent hater of the Second Amendment intended to do all in his power to prevent the U.S. Supreme Court from reviewing a case that could very expand the right of all law-abiding civilian citizens in New York to carry a concealed handgun in the public realm for self-defense, thus imperiling the century-old Sullivan Act at its core. Better, then, Cuomo realized, simply to redraft the State Gun Law and the Rules of the City of New York, to allow a holder of a restricted premise license to carry a handgun outside the environs of the City, albeit, in a locked container, with ammunition separated from the firearm. This would still preclude the use of the handgun for self-defense in public if the need arose, and the Sullivan Act would remain intact. Cuomo and the other Anti-Second Amendment zealot power brokers don’t like to weaken their own gun laws, but they could do so here, as it wouldn’t have a disastrous impact on the core of the Gun Law—inhibiting the vast majority of law-abiding New Yorkers from lawfully relying on a firearm for self-defense.New York City changed its Rules and the State reconfigured the law to avoid a direct threat to the Sullivan Act. The last thing anti-Second Amendment forces want is a high Court opinion that strengthens the Second Amendment. The City’s gambit paid off. In a 6 to 3 vote, the Supreme Court held that, since the City changed the old rule, the case is moot, because Petitioners can now lawfully transport their handgun to a second home or shooting range outside the City. But can they really? What will New York City do in the future to restrict the fundamental right of the people to keep and bear arms? This will almost certainly embolden New York City Mayor Bill DeBlasio and New York Governor Andrew Cuomo. And there is nothing to prevent the New York Government from countermanding the law once the High Court dismisses it. The Petitioners made these points and Justices Thomas, Alito, and Gorsuch concurred, but they were two votes shy of reviewing the case on the merits. So, for a time, at least, the Sullivan Act was spared direct confrontation. The reprieve for Anti-Second Amendment zealots, both in New York, and elsewhere, was short-lived. Everything changed with Bruen.
NYSRPA vs. BRUEN: DECISION ON THE MERITS UNAVOIDABLE
Unlike the NYC Gun Transport case, the constitutionality of armed self-defense outside the confines of one’s home was now squarely before the High Court. Reconfiguring New York law to avoid a showdown was out of the question. There was no way the Hochul Government could finesse the Gun Law to avoid a High Court review of the case on the merits. And with three certain votes in favor of striking down the Sullivan Act, and with both Chief Justice Roberts and Associate Justice Kavanaugh compelled to add a fourth and fifth vote, the High Court had a majority, necessary to defeat the Liberal wing of the Court. Chief Justice Roberts would look more the fool for siding with the liberal wing now, even if he likely wanted to. For to do so would be demonstrably inconsistent with his pro-Second Amendment votes in Heller and McDonald, and, as Chief Justice, he would prefer not to be situated with the losing side on any occasion, but certainly not on a case of this magnitude.And Kavanaugh would be compelled to side with the majority as he said as much in his concurring opinion in the NYC Gun Transport case. He made clear the Court would have ample opportunity to hear a Second Amendment case on the merits in the future, which he would support, and that day had come, even if he would prefer not to see it.Hochul and Albany were therefore on their own to devise a strategy to salvage the Sullivan Act. And, it would have to come after the fact once the case was decided on the merits. And since Bruen dealt squarely with State law, as it no longer had anything to do with New York City Rules, Mayor Adams would have done well to keep his mouth shut. He didn’t. Ever the lackey, under the thumb of Neo-Marxists and Neoliberal Globalists, and discerning that it would be best for him not to disappoint Kathy Hochul, he would do what was expected of him; and that meant concurring with whatever the Governor had in mind. His own Press Release reflected that. On the official NYC website, Adams echoed the sentiments of both Hochul and of the State Senate Majority Leader, Andrea Stewart-Cousins. In so doing, Adams made clear and indisputable, if ever there were any doubt, that he vehemently disapproves of the civilian citizen's right to armed self-defense. He declared, “Put simply, this Supreme Court ruling will put New Yorkers at further risk of gun violence. We have been preparing for this decision and will continue to do everything possible to work with our federal, state, and local partners to protect our city. Those efforts will include a comprehensive review of our approach to defining ‘sensitive locations’ where carrying a gun is banned, and reviewing our application process to ensure that only those who are fully qualified can obtain a carry license. We will work together to mitigate the risks this decision will create once it is implemented, as we cannot allow New York to become the Wild West. One thing is certain: We will do whatever is in our power, using every resource available to ensure that the gains we’ve seen during this administration are not undone, to make certain New Yorkers are not put in further danger of gun violence. This decision may have opened an additional river feeding the sea of gun violence, but we will do everything we can to dam it.” See also the article posted on the website, Reason, on November 10, 2021, a week after the Oral Argument in Bruen.“Before he was elected mayor of New York City . . . , Eric Adams raised some eyebrows by saying he would carry a handgun to protect himself and any houses of worship he might visit. While those remarks were controversial, the real scandal is that ordinary New Yorkers cannot legally carry guns for self-defense—a privilege that Adams takes for granted as a former police officer.That double standard came into focus last week, when the Supreme Court considered a constitutional challenge to New York's carry permit law. Unlike the vast majority of states, which allow residents to carry guns in public if they meet a short list of objective criteria, New York gives local officials broad discretion to decide whether an applicant has ‘proper cause’ to exercise a right guaranteed by the Second Amendment.Former U.S. Solicitor General Paul Clement, speaking on behalf of the law's opponents, emphasized that applicants cannot pass the state's amorphous test by expressing a general desire to protect themselves against criminal assault. ‘In order to exercise a constitutional right that New York is willing to concede extends outside the home,’ he noted, ‘you have to show that you have an atypical need to exercise the right that distinguishes you from the general community.’That situation, Clement said, ‘describes a privilege’ rather than ‘a constitutional right.’ Most of the justices seemed inclined to agree.”Six Justices did agree—two of them, Roberts and Kavanaugh, likely reluctantly—the flipside of what occurred a couple of years earlier, where it was 6 to 3 that voted against the NYSRPA and individual gun owners in the disastrous “Gun Transport” case.
A SCHEME IS HATCHED!
Hochul and the Democrats in Albany, with their band of attorneys, conceived and executed a plan to salvage the Sullivan Act, which meant, by logical implication, sabotaging the Bruen holdings, albeit without appearing overtly that they were doing just that. Hochul and the other conspirators in her Government had ample time to plot a way around Bruen, notwithstanding the clarity and conciseness of the case, delivered in the first sentence of the Opinion. Obviously, someone alerted Hochul as to what to expect. Could it have been the same law clerk who had presumptuously and illegally released an early copy of the Dobbs decision to the Press? In aPress Release, dated May 3, 2022, printed in full by the Washington Examiner, the Chief Justice said he has “directed the Marshal of the Court to launch an investigation into the source of the leak.” Did the Chief Justice find the leaker? If so, he hasn’t reported it, which belies the sense of importance that he says he had placed upon it. See the article in the Federalist concerning it:“More than 100 days have passed since the infamous leak of the U.S. Supreme Court’s majority draft opinion in Dobbs v. Jackson Women’s Health Organization and Americans are still no closer to finding out the identity of the leaker than the day the draft decision was published.”Deception and contrivance and false reporting and hiding findings seem to be the modus operandi of this Federal Government.But, concerning the Second Amendment—the importance the founders of the Republic, the framers of the Constitution, had placed on it is a matter always front in center. It is a matter as important to a tyrant who is as wary of the armed citizenry as the armed citizenry is wary of the tyrant. The matter of firearms is not a topic easily dismissed or swept under the rug. Tangible weapons in the hands of criminals and in the hands of a tyrant’s standing army—that may be used or have been used, or continue to be used, or will be used against the people—require arms in the hands of the people to counter the threat.Governor Kathy Hochul and the Democrat Party controlling majority in Albany see the law-abiding citizenry as a greater threat to themselves than the criminal element that is tearing down the community they are sworn to protect but do not. It is their design then, through their policies, to destroy society, just as on a National level it is the aim of the Democrat Party-controlled Congress and the Biden Administration to do the same to the Country. The decision of the U.S. Supreme Court places a damper on both. It impacts New York immediately and directly, but it has a ripple effect across the Nation. Hochul and Albany meant to throw a wrench into the Bruen rulings.The scheme wasn’t perfect, and it really fooled no one—certainly not anyone who spends sufficient time to pour over the elaborate contrivance. But, it was the best they could muster, given the clear exposition of Bruen.Associate Justice Thomas, writing for the Court majority, opined:“In District of Columbia v. Heller, 554 U. S. 570, 128 S. Ct. 2783, 171 L. Ed. 2d 637 (2008), and McDonald v. Chicago, 561 U. S. 742, 130 S. Ct. 3020, 177 L. Ed. 2d 894 (2010), we recognized that the Second and Fourteenth Amendments protect the right of an ordinary, law-abiding citizen to possess a handgun in the home for self-defense. In this case, petitioners and respondents agree that ordinary, law-abiding citizens have a similar right to carry handguns publicly for their self-defense. We too agree, and now hold, consistent with Heller and McDonald, that the Second and Fourteenth Amendments protect an individual’s right to carry a handgun for self-defense outside the home.”The holding was concise, unambiguous, and categorical. But would it suffice to prevent a New York Government, that had a long tradition of constraining the natural law right of armed self-defense, from devising an end run around the holding, while ostensibly complying with the dictates of it? Apparently, in anticipation of just that possibility—and with Justices Alito, Gorsuch, and Barrett in agreement, and with two others, Justice Brett Kavanaugh and the Chief Justice, John Roberts, in tow, if only reluctantly—Justice Thomas set forth an additional holding in the second paragraph of the opinion. He wrote, in pertinent part:“The parties nevertheless dispute whether New York’s licensing regime respects the constitutional right to carry handguns publicly for self-defense. . . . Because the State of New York issues public-carry licenses only when an applicant demonstrates a special need for self-defense, we conclude that the State’s licensing regime violates the Constitution.”It would seem clear enough at least to a casual observer that the U.S. Supreme Court had covered two critical bases—seemingly sufficient to forestall Kathy Hochul and her compatriots in Albany from circumventing Bruen.Boiled down to its essence the Court’s first two holdings set forth in the first two paragraphs of the Opinion, established the following:
- The right of a law-abiding citizen to possess a handgun for self-defense exists beyond the confines of one’s home as well as in it; and
- New York’s Gun Law, requiring a person to justify a special need to carry a handgun for armed self-defense outside the home, is unconstitutional.
The implication of the first holding is that the right of armed self-defense, unconstrained by place, time, or circumstance, follows from the plain meaning of the Second Amendment for there is nothing in the language of the Second Amendment to suggest an American’s right of armed self-defense is limited.The implication of the second holding is that a showing of special need to carry a handgun for self-defense outside the home is inconsistent with the natural law right of armed self-defense. A claim of simple self-defense is sufficient and that simple claim need not be stated, for it is logically implied in the language of the Second Amendment. To require one to assert self-defense to justify the issuance of a concealed handgun carry license would be redundant.Did Justice Thomas, et. al., adequately cover their bases? Apparently, they didn’t realize just how cunning Hochul and Albany could be, and how advanced notice of the decision gave her Government ample time to defuse the import of the holdings.Even with the Court’s acute legal minds and an unshakeable desire and resolve to preserve the citizen’s natural law right of armed self-defense—a right both fundamental and immutable, unalienable and eternal—Justices Thomas and Alito, in particular, might not have foreseen the lengths to which Kathy Hochul’s Government was prepared to go to protect a 100 plus old Gun Law, the Sullivan Act of 1911, and the diabolical cleverness of the Government’s scheme to override Bruen even as her Government created the illusion of complying with it, by striking the phrase, “proper cause” from the Sullivan Act. She could work around that and has done so. The “Good Moral Character,” of little importance given the “proper cause” requirement, has been re-engineered to function much like the “proper cause” requirement.Thus, it may well be that Justices Thomas and Alito did know or did suspect that New York would disobey the rulings of the Third Branch of Government. For, did they not have firsthand knowledge of how lower State and Federal Courts, including those of New York had hitherto disobeyed the clear rulings of Heller and McDonald?That Bruen was needed at all to rectify the matter of prolific disobedience to Heller and McDonald serves as proof of the tenacity of Anti-Second Amendment State Governments as well as the tenacity of the Biden Administration and the Democrat-Party Controlled Congress, at the Federal level, to arrogantly dismiss the U.S. Constitution out-of-hand, even as it pretends to cohere to it, with its ludicrous claims of adhering to the Rule of Law and of claiming it is a steadfast defender of Democracy.It is interesting to behold that Democrats like to throw out terminology without ever bothering to define what they mean by it as if expressions like the ‘Rule of Law’ and ‘Democracy’ are self-explanatory. They aren’t. But, by referring to these phrases, ad nauseum, and positing undying faith and passion in them, Democrats presume the American public will take them at their word, reflexively, like a sneeze or cough, as if they care deeply about the well-being of the Nation and the American people. They don’t. And that is exemplified by policies systematically designed to wreck the economy, demoralize the citizenry, weaken the Nation militarily and geopolitically, dismantle our institutions, and shatter the cohesiveness and stability of society. Nothing better exemplifies the danger wrought by the Destructors of our Nation and its Constitution, who pretend to be Defenders of both, than the inexorable disintegration of our Nation’s Bill of Rights, especially that of the Second Amendment.Consider——The Heller case of 2008 reaffirmed what all rational minds know: the right of the people to keep and bear arms is an individual right unconnected with one’s service in a militia. That the prefatory “militia clause” might mean the right of the people to keep and bear arms is a collective right flies in the face of the very purpose of the Bill of Rights. Apart from the dictates of the Tenth Amendment, referencing the doctrine of federalism underlying the relationship of the Federal Government to the States, the first Nine Amendments of the Bill of Rights codify the natural law rights of the individual and the Second Amendment is no exception.The militia clause—a dependent clause under the rules of English grammar—is not a thing that can, or does, stand-alone, for dependent clauses are not complete sentences: they don’t convey a complete thought.* The late Justice Antonin Scalia, who penned the majority opinion in Heller, explained the prefatory, dependent clause, “a well regulated militia being necessary for the security of a free State,” does not assert a limitation on the independent clause, “the right of the people to keep and bear arms shall not be infringed.” Rather, the prefatory clause provides a rationale for the independent clause that follows. Justice Scalia explained that the drafters of the Second Amendment knew that nothing less than a well-armed citizenry would serve as the best deterrent to tyranny emerging in the Federal Government. This was of great concern, especially to the Antifederalists, among the framers. They were justifiably wary of establishing a strong central government with its own standing army. Thus, an independent citizen army, unbeholden to a federal government, would have both the means and the frame of mind to deter tyranny if such should come to pass.Oddly, many academicians today ignore this or dismiss this. They argue that the Constitution’s framers could not have intended to create, in the Second Amendment, a mechanism through which the commonalty could overthrow their own Government. Therefore, any right to keep and bear arms had to be tied to a militia—but one that was constrained by the Federal Government itself. One academician says that the Federalists, among the framers of the Constitution—those who supported a strong centralized Government and a strong standing arming—intended for armed citizens, as part of a militia, to function under federal control. Can that be true? They write,“In the eyes of the Federalists, the past had proven that the militia, to be effective, had to be federalized. The discipline of militia members, in particular, was of paramount concern. Federal authority over the militia would also create uniformity in arms and training. But of the two means of military power recognized by the document, a standing army and a militia, both were put under federal control.” Of course, today, militias as such, are under firm State and/or Federal control. These militias have transformed into ‘national guards.’” “The Inconvenient Militia Clause Of The Second Amendment: Why The Supreme Court Declines To Resolve The Debate Over The Right To Bear Arms,” 16 St. John's J.L. Comm. 41(Winter, 2002), by Robert Hardaway, Professor of Law at the University of Denver College of Law; and Elizabeth Gormley and Bryan Taylor, graduates of University College of Law 2001The writers go on to say, in support of the idea the Second Amendment must, on logical as well as legal grounds, only be construed as conferring a collective right to keep and bear arms:“One of the most commonly made arguments by the broad individual rights advocates is that the Second Amendment embodies some sort of right of insurrection. This is a difficult argument to sustain given the numerous, and sometimes explicit, provisions against insurrection in the Constitution. Perhaps the most obvious constitutional prohibition against insurrection is the treason clause which forbids making war against the United States. Armed insurrection obviously is making war on the United States. Therefore, far from embodying a right of insurrection, the Constitution explicitly criminalizes the act. Further, the militia clauses themselves deny any right of insurrection. One of the constitutional functions of the militia is to suppress insurrection. It strains credulity to believe that the same institution would be empowered with the right to engage in insurrection and the duty to suppress them. As one writer expresses, the Constitution cannot view the militia both as a means by which government can suppress insurrection and as an instrument for insurrection against the government. It must be one or the other. ‘The Militia Clauses make clear which one it is.’ Lastly, the militia was intended to implement the guarantee clause. This provision reflects Madison's desire to expressly guarantee the ‘tranquility of the states against internal as well as external dangers.’ The primary concern underlying the provision was to secure the ability to put down insurrections such as Shay's Rebellion. Taken together, these clauses ‘make it overwhelmingly clear that the Constitution was framed to forbid, prevent, and punish insurrection against its own laws - as, indeed, any constitution that claims legitimate authority must do.’ To assert a constitutional right of insurrection is fundamentally illogical. The Constitution could not embrace the means of its own destruction. As Lincoln said in his first inaugural address, ‘it is safe to assert that no government proper ever had a provision in its organic law for its own termination . . . it being impossible to destroy it except by some action not provided for in the instrument itself.’ The right of insurrection inheres intrinsically in all people, regardless of the government under which they live; it does not derive its sanction from a disputed interpretation of an amendment with an altogether different purpose.’” Id.It might be noted that the afore referenced law review article came out seven years before the Heller decision. AQ mentions this not to suggest that, perhaps, the writers would admit they were wrong in their thesis. Rather AQ mentions this because the writers would likely maintain they are correct and it's the U.S. Supreme Court authors of the majority opinion who are wrong. The entire thesis begins with the assumption that the antecedent dependent militia clause controls the import of the following independent clause and serves as a defining limitation of the right of that clause, i.e., that the people to keep and bear arms operates only as long as one serves in a State militia; and, as the notion of a 'state militia' has essentially been superseded by 'state national guard units.' The writers say, in that regard: “Of course, today, militias as such, are under firm State and/or Federal control. These militias have transformed into ‘national guards.’” The import of these assertions is not to be taken lightly. For, the writers allude to the idea that, since militias don't exist any longer, at least as they like to understand the meaning of the term, 'militia,' the Second Amendment is essentially nugatory, which means that it serves no function and, so, should be repealed. This is also the thesis of retired Associate Justice John Paul Stevens, and that of Justice Steven Breyer as well, although Breyer did well to refrain from mentioning that position in his dissenting opinion in Bruen. But there is more at stake here. The argument made has disturbing implications impacting the relationship between the American people and the Federal Government. The writers of the afore referenced article claim that the framers of the U.S. Constitution could not and would not under any circumstance conceive of a situation where the citizenry would have the right and obligation to dismantle the Federal Government.The argument made begs the salient question, of whether “insurrection” qua revolt or rebellion against tyranny is not what the framers of the Constitution had in mind when penning the Second Amendment. After all, didn’t these men once take up arms against a Tyrant, the British Empire? The writers of the above article would rather not deal with the implications of their own thesis and the attendant, and very serious consequences of that thesis. They merely dismiss out of hand that there could exist any moral, and legal, justification for the American people taking it upon themselves to dismantle an unjust Federal Government, i.e., a tyrannical Government, and bringing the servants of that tyranny to justice. These writers, so careful in positing an argument against what they refer to as insurrection, slither around how it is, or whether, the American people could rightly, legally, dismantle a Government that no longer serves the interests of the American people, and, in fact, operates contrary to the interests of the American people. But, let us here take a closer look at that thesis and consider the legal and logical consequences of it. We begin by asking—— Would the founders of our Republic be so naïve as to believe that the “Federal Government” they were devising could not itself—even with their best efforts to constrain a powerful, centralized Government—one day devolve into tyranny? And, if so, would not the American people have a right and obligation, then, to take up arms against that tyranny just as they had once taken up arms against tyranny? The Federalists, among the framers of the U.S. Constitution, who supported a strong centralized Government, would certainly be well aware of the threat to life, and liberty, and well-being of the American people, as were the Antifederalists who emphasized their concern and who emphatically demanded inclusion of a Bill of Rights in the Constitution to prevent such an event occurring. And the Federalists relented realizing the obvious truth. The Antifederalists would not leave it as a matter of faith that Government servants would adhere to the express limitations on the exercise of Governmental power set forth in the Articles of the Constitution.It hardly takes much imagination to recognize that the founders of our Republic and framers of our Constitution would be appalled, indeed horrified, to observe the powers that Government now wields—powers that go well beyond the strictures permitted by the Constitution, and this Federal Government doesn't deny it; in fact, perfunctorily acknowledges it and operates with abandon. And our Government is well on the road to tyranny if it hasn't already swung over into it.So, yes, the founders of the Republic did recognize and would agree that the American people would have a right to revolt against a tyrant. To argue otherwise is to infer that the people do not have a right to rebel against tyranny. The writers of the afore referenced law review article must have known the logical implications of their argument but felt it better not to acknowledge the flaw in their reasoning. It is one that Justices Scalia, Thomas, and Alito made clear in Heller:Of course, Americans have the moral and the legal right—a sacred right and duty—to rebel against tyranny.But then, if the American people have both a right and a duty to revolt against tyranny, is that not to say that a Government that turns against its own people, has committed unforgivable violence against its people—a cardinal transgression against the Divine Creator as well. For tyranny of Government manifests as oppression and subjugation of a people and that destroys the sanctity and inviolability of the Human Soul. And that, in turn, amounts to sin against the Creator.Such violence, therefore, amounts to treason against the people. Is not the crime of high treason a two-way street, then? If Americans who rebel against a just and fair Government are justifiably, rightly to be roundly condemned and deemed traitors, and if they are to suffer the consequences merited for their egregious crime, is it not also so that an unjust Government that betrays its people should not be similarly deemed traitor against the people, and rightly rebuked for it? And would not that just rebuke include the dismantling of that Government and trial and punishment of those servants of the people who have—through their treachery and licentious betrayal of Oath to Country, and to Constitution, and to People—brought the Nation to ruin, and brought Constitution and people to harm? And ought not those disloyal servants suffer severely for their crimes, lest to forgo punishment serve to condone it. And if a Government is not to be considered a traitor to its own people, is that not to say the people are less to be regarded than the Government? But, in our Nation, it is the people who are Sovereign over Nation and Government and it is not the case that Government is Sovereign over Nation and people. If so, and if one remark that high treason is to be regarded as a crime against the sovereign, then wherefore is the argument to be made that no action of the Federal Government toward its people shall work as treason against them? What then is to be made of the assertion that the American people are sole Sovereign over the Government of the United States and that Government owes its existence and continued presence only by the will and consent of the Governed—the people who had created that Government to serve them. How is it that the servant, owing its existence and its duty to the people—the one true Sovereign—should entertain for itself that the people serve Government and the Government can do with the people as it pleases, even to oppress and subjugate them. Of what use is an electoral process at that point? To whom is it that the people can turn to as their elected representatives when those representatives are all of the same cloth—united against the people? Of what greater urgency and need exists then for armed revolt?Is not the tyranny of Government against its people, treachery of Government toward its people? If so, is not ‘tyranny’ then but equivalent to the term ‘treachery of Government’ and should not the term ‘traitor’ not apply with equal and bold force to that Government, any less so than to a person who would revolt against a just Government? Is not a “tyrant” but a “traitor’ to the people—certainly a people whom the founders pointedly ascribe the term “Sovereign” to, whom they could not and did not ascribe that term to when speaking of a tyrant who was Sovereign, namely, the King of England?Tyrants of course are the last sorts that would acknowledge that they are tyrants and would continue to deny that even as they are led to the gallows. Is it any wonder that tyrants such as those in the Biden Administration and in some State Governments would be oblivious to their own acts of treason against the people? Is it not curious that the Attorney General, Merrick Garland, would proclaim that Americans who belong to “militias”—bands of armed citizens who are not connected with the “national guard”—are the greatest threat to the Nation? But is it not they, some of these servants of the people, rather than we, the People, who are the greater and graver threat to the Nation—to the Security of a free State?As can be seen through dissenting opinions in Heller, McDonald, and Bruen, these Justices do not recognize the right of the people, as individuals, to keep and bear arms. Given the opportunity, these three cases would be overturned, marking the quickest reversal of U.S. Supreme Court thought in American jurisprudential history.At the State level, too, people like Kathy Hochul and those in control of the State Senate and Assembly in Albany, view the armed citizen as a graver threat to the State than common criminals and even well-armed and well-funded international criminal cartels. Strange that, but true nonetheless. Otherwise, her Government would have taken measures to bring these psychopaths and lunatics to justice. They don't! Ant that is telling. Thus, it is no surprise to see Hochul and Albany caustically attacking the High Court, with affected pieties, and insincere demonstrations of acquiescence to the Supreme Court's rulings. Who, indeed, has dangerous impulses here?Is it so beyond the pale for Americans to demand their right to armed self-defense against predatory creature, predatory man, and predatory Government? The High Court rightly admonishes Government actors who do not abide by the Constitution. The Court rightly ruled against the New York Government.Here, in New York, we see a Governor who claims by the power she exerts—as did her predecessor, Andrew Cuomo—justification to exert that power, as she pleases. It is all circular reasoning, albeit with real-world, not mere academic consequences. Hochul fails to recognize that she is expected to serve the interests of the people of New York, consistent with the State and Federal Constitutions. Affected pieties don't serve as an adequate substitution for serving the interests of the people of the State.Kathy Hochul’s Government, like several others, ignored Heller. And they were prepared to ignore McDonald too, until the High Court made clear that the Second Amendment right of the people to keep and bear arms applies to the States, no less so than to the Federal Government, through the application of the Fourteenth Amendment. In New York, it is the Hochul Administration and the controlling Democrat Party Legislature in Albany that is acting the part of an unfettered out-of-control Tyrant.With the attitude of a tyrant—the Hochul Government and Legislature—behave with customary indignation at any authority that would dare dictate to them. But, the U.S. Supreme Court has done just that, dictating to the New York Government, that its Gun Law is inconsistent with the import of the Second Amendment, having found Petitioner’s case to have merit. Hochul and Albany aren't concerned about armed civilian citizens per se. Rather, they are concerned about what that armed self-defense represents: a threat to the Government itself. The New York Government has long abided lawlessness in New York, such coming from the criminal element. That lawlessness the Government will tolerate, perhaps even encourage. That criminal element poses no tenable threat to the Government. It is something the Government understands for that Government, too, like the omnipresent and ferocious and voracious criminal element, has become a law unto itself, unbeholden to New York's own Constitution and to its laws and to the Constitution and Laws of the United States Government. It has become lawless. A Government that refuses to recognize that it is the people whom it exists to serve, and not the other way around is a danger to the people and must be taken to task. The U.S. Supreme Court has done so. And New York isn't alone in its distrust of and its disdain for the common people.Somewhere in the last 250 years of our Nation’s existence, Governments at all levels forgot the fact of and the meaning of the American Revolution.Government tyranny has become the very thing the people must fight against. The Federal Government and many of the State Governments do not represent the will of the people, and care not at all for their needs; not anymore. These Governments, ironically, defer to the foreign dictators whom our Founders fought a successful war against. Back then, it was the mighty British Empire funded by the fabulously wealthy Rothschild financial clan. Today, it is much the same threat, albeit now restructured, reconstituted, as one even more powerful: the European Union and various supra-national constructs like the United Nations whom we are told do not wield any authority, but only advice. How is it then that the Biden Administration adheres to the pacts and tracts and treaties emanating from the United Nations that our Nation never signed, nor even discussed?The money behind these monstrous global entities belongs now, as in the past, to the powerful Rothschild family. The Rothschild clan and other mega-billionaires are working together to complete a transnational neo-feudalistic empire spanning the world, to replace all present western nation-states. The world of the 21st Century is shapingThe Rothschild family and its minions have extended their reach—through the vehicle of the central banking system—throughout the world. A world comprising two powers: a western neo-feudal empire and CCP China. A strong, vigorous, independent sovereign United States doesn't factor in that equation. It is in the process of disassembling.New York is its own little fiefdom—a Baron that owes allegiance to a Lord that doesn’t even reside in our Country.The purpose of New York’s Gun Law, the Sullivan Act, was designed then as now, to constrain, and—as can be seen through further attempts by the Government, through time, to constrict and restrict the right of the law-abiding civilian citizens of New York to keep and bear arms ever further—eventually to curtail the exercise of the right, altogether. In her Press Release, upon official publication of the Bruen case decision, Governor Hochul made clear a passion to constrain the inherent right of armed self-defense, regardless of the rulings of the High Court. In both her tone and in the content of her messaging, Hochul conveyed a contemptuous attitude toward the High Court and made no attempt to disguise her contempt of the Court. Likely she is taking her talking points from others who pay for her campaign, and those who formulate her policies. She is essentially a messenger, and she is paid handsomely for doing the work of her benefactors, just as Biden takes his share of wealth from a shadowy network of benefactors. He has no compunction against selling out the Country. He has had plenty of decades of practice; nor does he mind mouthing platitudes, if he understands at all what it is he is asked to recite. So he informs the public that all is well and that he means well and everything will be just fine. He doesn't believe that he is capable of coherent thought any longer anyway. And the propagandists that feed him and his Administrators their lines, don't sound convincing, and it is not necessary that they do sound convincing to the public. The Federal Government is long past caring what the polity thinks anyway. It is only necessary that they obey. Meanwhile, the Country goes to Hell in a Handbasket.Further litigation and armed revolt are to be avoided. New York has an opportunity, through the electoral process, to throw out the petty tyrants, and vote into office people who respect the Constitution and the fundamental natural law rights of man. A vote for Lee Zeldin for Governor of New York is the most obvious way and the easiest way to turn the State back to its historical roots. So many people in New York and throughout the Country have been so conditioned to deny the truth before their eyes that they continue to reflexively vote into Office the same tyrants who do nothing to promote the well-being of the people and society. The Country was well on its way to recovering its security under Trump: economically, geopolitically, militarily, and societally. But the airwaves are now filled with negativity and our own tax dollars are being used against us. Americans must wake up to the truth and confront the lies and liars head-on. It just takes a little common sense and a leap of faith.It is far easier and much less time-consuming and expensive to prevent a petty tyrant from serving in Office in the first place than it is to attempt to remove a tyrant after the fact. California provides several textbook examples of what is to be avoided. New York should learn from this. How much more damage can New Yorkers be expected to take? How is it that so many people have taken leave of their senses—always believing that a better, safer, New York is just around the corner even as the truth illustrates something else entirely? And the not picture isn't an attractive one. And it won't become any more attractive if people keep electing the wrong people to Office. At some point, even the electoral process may well be denied to the citizenry. New Yorkers already have a good taste of Kathy Hochul and her brand of politics and politicking. It is no different than that of Andrew Cuomo. She shares the same set of beliefs; she conveys the same messaging, and she is backed by the same Globalist money. It isn't the average New Yorker that informs her policies and decisions. On crime, the right to armed self-defense, on abortion, Hochul packages her policies as candy; telling the voting public what she thinks the public would like to hear, but not what the public needs to hear. Between Kathy Hochul and Lee Zeldin, there is a world of difference. Each New York resident should ask: which world would he or she prefer to live in? ___________________________________ *Every child learns this, or, at one time, had learned this. That was before the lunatics took control of public education and proclaimed the dogmas of “Diversity, Equity, and Inclusion,” “Critical Race Theory,” and “Transgender Doctrine,” more important to the structural formation of young minds than developing a child’s own critical thinking processes, by teaching the core traditional subjects, like “reading, writing, and arithmetic,” and those subjects that instill in our youth a love of and an appreciation for our history, heritage, and ethical system of justice through which our Nation can continue to survive and thrive: a free Constitutional Republic.____________________________________Copyright © 2022 Roger J. Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
THE U.S. SUPREME COURT DESERVES ACCOLADES FOR THE BRUEN DECISION, BUT NEW YORK’S CHANGES TO ITS CONCEALED HANDGUN LAW MAKE CLEAR THERE IS NO CAUSE YET FOR JUBILATION
POST-BRUEN—WHAT IT ALL MEANS AND WHAT ITS IMPACT IS BOTH FOR THOSE WHO SUPPORT AND CHERISH THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS AND THOSE WHO DO NOT; THOSE WHO SEEK TO UNDERMINE AND EVENTUALLY TO DESTROY EXERCISE OF THE RIGHT
MULTISERIES
PART SEVEN
NEW YORK’S HANDGUN LAW WAS ALWAYS A MESS—AND IT CONTINUES TO BE A MESS!
The Amendments to the New York State handgun regime are a “mess.” That one word is the best descriptor of them and for them, and for the entire State handgun licensing regime. These Amendments do nothing to alleviate the past difficulties an individual has had attempting to secure an unrestricted handgun carry license. These Post-Bruen Amendments merely substitute one ludicrous arbitrary and subjective, and vague handgun licensing standard, “Proper Cause”/ “Demonstration of Extraordinary Need,” for another nonsensical subjective and vague handgun licensing standard, “Demonstration of Good Moral Character.”The present New York Government, referring here to Governor Kathy Hochul and the Democrat Party-controlled Legislature in Albany, have manufactured a response to the Bruen rulings that is a sham, a dissembling, a pretense at satisfying the dictates of the Court—one that isn’t at all subtle.Implementation of the new handgun licensing standard makes it decidedly and decisively more difficult, not less so, for the average, responsible, rational, law-abiding civilian citizen, to obtain an unrestricted concealed handgun license. In fact, implementation of the new standard makes it more difficult for the average New Yorker to obtain even a restrictive home and/or business premise handgun license.The New York Government has brazenly defied, not obediently complied with, the Court’s Bruen rulings, thereby vitiating the import of Bruen, and violating the Court’s Article 3 Constitutional authority.In her words and actions, Hochul has made her feelings known, and the New York State Senate Majority Leader has echoed those sentiments.Contemptuous of the High Court’s rulings and reasoning, the New York State Senate Majority Leader, Andrea Stewart-Cousins, hurled a stream of invective, at the High Court. She regurgitated the same tiresome, disingenuous, and caustic rhetoric of Anti-Second Amendment fanatics and Neo-Marxist Cultists, proclaiming that the New York Nanny State knows what’s best for the people, not the U.S. Supreme Court. And so, the New York Government informs the Court that New York has no intention of complying with the Court’s rulings. In her Senate Majority Press Release, Andrea Stewart-Cousins retorts——“In response to the Supreme Court’s decision, implying that guns are more important than lives in this country, we are passing legislation to ensure that New York State has safe and responsible gun laws. States are the last line of defense, which is why we are stepping up to protect New York from being easily flooded with concealed weapons and keeping firearms out of the wrong hands. These measures, in addition to the previous anti-gun violence legislation we passed, are vital in a time when there are more guns than people in America. New York will continue to prioritize people’s safety and lives, and I thank my conference, Speaker Heastie, and Governor Hochul for their partnership.” ~New York State Senate Majority leader’s remarks after the NY Senate in Albany passed amendments to the State’s handgun licensing statute in response to the U.S. Supreme Court striking down the State’s concealed handgun carry law.The implication of Stewart-Cousins’ remarks is that the Government's changes to the handgun statute are designed to make it more difficult, not less difficult, for the average civilian citizen to exercise his or her right to armed self-defense in New York, thus necessitating the filing of further time-consuming and expensive lawsuits on the part of the citizen to obtain redress for Government's unconscionable, unconstitutional behavior.It is evident that the goal of the New York Government is to make the process of obtaining a New York handgun carry license—that one requires to lawfully possess a handgun in New York—so difficult, so onerous, so expensive, so time-consuming, so oppressive that one’s desire to exercise his or her natural law right to keep and bear arms is snuffed out, and the individual concedes defeat, and gives up further attempt to secure the right. Of course, some individuals will remain undeterred, and that is to be expected as long as the Second Amendment remains, de jure law, in the Bill of Rights—a thing that angers and frustrates the Neoliberal Globalists and Neo-Marxist internationalists to no end. For, as long as the Second Amendment remains explicit in the Constitution, the sovereignty of the American people cannot be disturbed, and United States, as a free Constitutional Republic, and independent Nation-State cannot be dismantled and its remains inserted into the “international rules-based neo-feudalistic, neoliberal empire,” a.k.a. “new world order,” a.k.a. “Open Society,” that the Destroyers of independent nation-states have long yearned and aimed and planned for. New York's handgun regime is where the Globalists/Marxists are focusing their energies. If they can defeat the Second Amendment there, they also defeat the power and authority of the U.S. Supreme Court. So, the puppet-masters have given their puppets, Kathy Hochul and the Democrat Party-controlled Legislature in Albany, their marching orders. The Amendments to New York's handgun law are no less draconian than what stood before. The New York Government assumes that many people who had hoped to obtain an unrestricted handgun carry license easily, Post-Bruen, now realizing the hopelessness of the task, will simply capitulate, surrender the effort to obtain one.And, as the Government has included, in the Amendments, many more restrictions pertaining to places where, henceforth, it will be unlawful for the holder of a valid unrestricted license to carry a handgun in public, that, too—the Government hopes—will dampen whatever residual desire a civilian citizen may have to carry a handgun for self-defense. Obtaining a coveted handgun license will be, at best, at long-last, nothing more than a Pyrrhic Victory—hardly worth the effort.And, so, a recalcitrant, intransigent New York Government pushes hard against those citizens who intend to exercise their Second Amendment right regardless of the obstacles the New York Government places in their path. This means citizens must continue to expend earnest effort filing more expensive, more lengthy, more time-consuming lawsuits against Hochul and her Government. And the Government knows that, given the nature of the legal process, and of the effort, and time, and money involved, all those factors work to the Government’s advantage—not that of the citizen.Hochul's message is clear: “the New York handgun regime is here to stay, and any person who doesn’t like New York’s handgun regime, better have a deep pocket to file another lawsuit like Bruen, and they better have the time and energy and will power to follow through on it. They will need it.”Or, in the alternative, Americans can simply leave New York. Kathy Hochul’s predecessor, Andrew Cuomo—creator of and champion of the notorious New York Safe Act of 2013—has made abundantly clear that members of the GOP who hold “extreme views,” in Cuomo’s mind, are persona non grata. As he says, “you don’t belong in New York.’” See article in New York Post.So, then what? “Just leave?” And to be sure, many American Patriots have left New York. They have also left Illinois and California. But many other Americans, true Patriots, too, have stayed and they intend to fight for their fundamental rights and liberties in their State, their home.After all, many good Americans were born and raised in New York, in Illinois, and in California. These Americans consider those States to be their home. And those States are their home. So, why, then, should they leave? Let the corrupters of those States, like Cuomo and Hochul, and DeBlasio and Eric Adams leave New York. Let corruptors like Pritzker and Lightfoot leave Illinois. Let corruptors like Newsome, and Garcetti, and Breed, and Schaaf leave California, as well they all should. But where do Americans go if the Neoliberal Globalists and Neo-Marxist cultists take over the entire Country—which is occurring apace? The Biden Administration allows CCP China and the Billionaire, Bill Gates, to buy up vast tracts of land—and to what end? The Administration uses tens of billions of American tax-dollars against the interests of Americans and politicizes Government departments, agencies, and bureaus for its own nefarious ends. The military and police are demoralized and weakened. Our founders are denigrated. Our monuments and statues are defaced, removed, and desecrated. The Biden Administration has done much to destroy this Country’s economy, infrastructure, and its resources, and its military preparedness and prowess. That is its sole reason for being. It is the sole reason, money, and time, and effort, and massive corruption of the electoral process was expended in getting Donald Trump out and getting Joe Biden and legions of lackeys into positions of power that they may damage the Republic irreparably.It has all paid off for the Corruptors of the Country. The Nation’s vitality is on the wane. This is not due to accident or mere happenstance; nor can it be explained as a product of gross incompetence. It is intentional. It is all part of an elaborate, sophisticated plan; carefully conceived and orchestrated; and methodically carried out.Yet, there are limits to the harm a feeble-minded and physical wreck of a man can inflict on this Country even though Joe Biden is but a titular Chief Executive. But, if California’s Governor, Gavin Newsom, should run for President, and secure the Democrat Party’s nomination for President in 2024, and, horror of horrors, if he became the 47th U.S. President, what then becomes of the Country.? Newsom’s California will be replicated across the 50 States. Where might Americans run to, then? What State shall be able to operate—may operate—consistent with the Nation’s Constitution and Bill of Rights, once tyranny cements itself firmly in the Nation, and reigns unchallenged, supreme over Constitution, Nation, and People?For what Americans have experienced, especially, in the last 19 months, one must conclude the American Revolution of 1776 was less a hard-fought war, won, than it remains a war yet ongoing, with battles Americans must continue to fight against its own Federal and State Governments. For these Governments adamantly refuse to acknowledge and accept the sovereignty of the American people, as first conceptualized by the Framers of the U.S. Constitution and then as actualized through the fact of our Nation's well-armed citizenry. But can America's Patriots prevail against such powerful, malevolent, and tenacious forces that dare to suppress our Nation’s fundamental rights and liberties and to oppress our people until they capitulate—every one of us—to a world-wide feudalistic empire whose central offices one shall find in Brussels, Belgium?As we have seen, even simple recognition of the sacred natural law right of armed self-defense is not to be found everywhere in our Nation, but only in scattered spots here and there. A tyrannical Federal Government and several more tyrannical State Governments, blotting the National landscape, refuse to countenance such basic right—the cornerstone of our free Republic and of the sovereignty of the American people over Government. Our Constitution demands that Government pay homage to the will of the American people through recognition of the right of the people to keep and bear arms. No other Government on Earth allows such. Most other Governments mock the very idea of it. But not here. Yet, today, our Government, this Federal Government, and many State Governments and regional and municipal governments have become like so many others; corrupt, and jealous, and guarded of their powers: a blight on a Free Republic. These Governments demand the American people pay homage to them; not they to the American people!The forces that crush have made substantial inroads into achievement of their goal: the demoralizing, destabilizing, and dismantling of our free Republic. They have corrupted every institution of our Country. They have denigrated our history, heritage, culture, ethos, and Christian ethic. And, they are stripping our Nation of its strength, and will, and fortitude. Only the sovereignty of the Nation’s people remains, albeit attenuated, as our fundamental, unalienable, immutable, illimitable, and eternal rights and liberties are being inexorably, and swiftly, eroded before our very eyes. _____________________________________Copyright © 2022 Roger J. Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
THE U.S. SUPREME COURT IS A PROTECTOR OF THE SECOND AMENDMENT, BUT FOR HOW LONG?
When recounting the import of U.S. Supreme Court case holdings, especially pertaining to our Nation’s fundamental rights and liberties—the most important of which is codified in the Second Amendment of the Bill of Rights—one must be reminded that the Third Branch of Government is not a distant poor cousin of the other two and is not to be treated as if it were such. Yet, it is often denigrated as such, especially when some case decisions, like those in the recent Bruen and Dobbs cases, happen to throw some people into a fit of rage, threatening the Court and threatening the life of some Justices within it, and threatening the viability and “legitimacy” of the High Court.Two co-equal Branches of the Federal Government, the Executive and Legislative, along with assistance from the legacy Press, do nothing to curb this insult and danger to the third co-equal Branch. Instead, these two Branches, along with the Press, either remain silent, or actively, avidly encourage the disassembling of the Third. Hence the concerted effort to “tame” the Court through the device of “court-packing,” a thing the Biden Administration looked to accomplish through creation of a commission for just that purpose. Fortunately, that came to naught. Still, these are the sort of antics of Americans come to expect from the Harris- Biden Administration. And we see these antics from a bloated, rancid, unelected, and unaccountable Administrative Deep State; and from an obstreperous, preening, arrogant Congress; and from a seditious, treacherous Press; and even from some academicians whose essays exhibit an unrestrained, radical Marxist/Neoliberal Globalist oriented socio-political bent.Americans see a treacherous Federal Government, a seditious Press, and large multinational conglomerates uniting in a collective effort to erode the underpinnings of a free Republic and eventually eradicate it. And it does so because a free Constitutional Republic doesn’t address their wants and desires—as if it ever should have been so.The present Administration does nothing to prevent a vicious, vile mob from attacking the Court, but remains painfully silent. And members of Congress go further, even inciting a mob to violence. Schumer, who should know better, as a Harvard educated lawyer—although he never practiced law—threatens a Justice at the steps of the High Court, and a would-be assassin eventually tries to oblige. And Maxine Waters, a sociopath and lunatic if there ever was one, marches with a mob to the doors of the U.S. Supreme Court, shrieking: “The hell with the Supreme Court. We will defy them.”More restrained in his remarks belittling the Court, but no less dangerous because of the nature of them, a Law Professor at Pepperdine University, one, Barry P. McDonald argues the founding fathers had intended to relegate the Supreme Court to second-class status. But, if true, the impact of that inference has dangerous repercussions not only for the Government itself but for the peoples’ right to check the power of that Government through force of arms. The Constitution to this scholar is nothing more than an amorphous, shapeless lump of clay to be reshaped and remolded at will or whim, not unlike a potterer producing a clay pot on a ceramic pottery wheel, changing the design as his fancy suits him, as the wheel goes round and round. McDonald’s essay was published as an Op-Ed in the NY Times, a few days after the Senate voted to confirm Brett Kavanaugh as an Associate U.S. Supreme Court Justice. Obviously, Professor McDonald disapproved of the confirmation, no less so than The New York Times that sought him out as a credentialed college professor to give weight to its own abhorrence of the Court and of the confirmation of Kavanaugh to sit on it as Justice Kavanaugh. McDonald wrote, in principal part,“When the founders established our system of self-government, they didn’t expend much effort on the judicial branch. Of the roughly three and a half long pieces of inscribed parchment that make up the Constitution, the first two pages are devoted to designing Congress. Most of the next full page focuses on the president. The final three-quarters of a page contains various provisions, including just five sentences establishing a ‘supreme court,’ any optional lower courts Congress might create and the types of cases those courts could hear.Why was the judicial branch given such short shrift? Because in a democracy, the political branches of government — those accountable to the people through elections — were expected to run things. The courts could get involved only as was necessary to resolve disputes, and even then under congressional supervision of their dockets.It was widely recognized that the Supreme Court was the least important of the three branches: It was the only branch to lack its own building (it was housed in a chamber of Congress), and the best lawyers were seldom enthusiastic about serving on it (John Jay, the court’s first chief justice, resigned within six years and described the institution as lacking ‘energy, weight and dignity’).When disputes came before the Supreme Court, the justices were expected to ensure that Americans received ‘due process’ — that they would be ruled by the ‘law of the land’ rather than the whims of ruling individuals. In short, the court was to play a limited role in American democracy, and when it did get involved, its job was to ensure that its judgments were based on legal rules that were applied fairly and impartially.What about the task of interpreting the Constitution? This question is the subject of some debate, but the founders most likely believed that each branch of government had the right and duty to determine for itself what the Constitution demanded, unless the Constitution was clearly transgressed. If the Constitution was clearly transgressed, the Supreme Court had a duty to hold Congress or the president accountable — but only in the case before it. The founders almost certainly did not envision a roving mandate for the Supreme Court to dictate to Congress, the president or state governments what actions comported with the Constitution (unless they were a party to a case before it).” So, we are to believe that the founders thought less of the High Court because of the Building they were housed in, or because they devoted a few lines to the Judicial Branch in Article 3 of the Constitution, or because we are to accept Professor McDonald’s on faith that the founders expected each Branch to decide for itself the expansiveness of its powers? And where, in all of that jockeying for power among the servants of the people in Government does that leave the people of the United States, who are the true and sole sovereign over Government? To give credence to this odd notion that the High Court is relegated to a humble position in the Federal Governmental structure, Professor McDonald intimates that John Jay resigned from the Court because he thought the Court lacked “energy, weight and dignity.”Professor McDonald fails to cite anything to support the inference or provide context for it. The actual letter, where that phrase appears, a letter from John Jay to President Adams is available for viewing on the founders' archives website. It is clear from a perusal of Jay’s letter to President John Adams, declining the President’s invitation to serve once again as Chief Justice of the High Court, that John Jay’s declination was not tied to a belief, contrary to what Professor McDonald intimates, that the framers must have had a low expectation for the Court and that, therefore, John Jay no longer wanted to be a part of the Court. Such an idea is absurd; yet McDonald places significant reliance on it for his thesis. But, if John Jay had such misgivings about the Court, he would not have served as Chief Justice of it, in the first place, nor stayed on the Court for as long as he did. The facts are as follows: “In 1789, after Jay declined George Washington's offer of the position of Secretary of State, the president offered him the new opportunity of becoming Chief Justice of the United States Supreme Court, which Jay accepted. He was unanimously confirmed on September 26, 1789 and remained on the bench until 1795. As this was an inaugural position, many of Jay's duties involved establishing rules, procedure, and precedents.” So, Justice John Jay, a founding father, did much to develop the federal judicial system and resigned, when elected Governor of New York. See article in NYCourts.gov. A few years later, John Adams, the second President offered John Jay the Chief Justice position once again. He declined the offer but did so not because he thought the Supreme Court had been accorded no real power under the Constitution, but, rather, because he felt the Executive Branch of Government would not allow the Court to exercise its Article 3 powers as the Constitution intended, dismissing the Court’s authority and power out-of-hand. This early power grab by the Executive Branch came to a head in the famous case of Marbury vs. Madison, when Chief Justice, John Marshall, asserted the Court’s rightful powers that the Executive Branch had chosen to ignore. And in that struggle it was Thomas Jefferson, the third U.S. President, who acceded to Marshall, acknowledging, if only reluctantly, the Supreme Court’s Article 3 authority that the Executive Branch sought to ignore.The Federal Government was just in its infancy, but, even then, the three Branches had started to jockey for power. Even so, usurpation of power is patently contrary to the dictates of the Constitution which delineates the powers and authority of each Branch, thereby establishing the parameters for the exercise of powers so delineated for each Branch. No Branch is permitted to transgress the Constitutional boundaries of power set for it. Had the framers of the Constitution sought to place the High Court under the auspices of another Branch as in the English Parliamentary System, the framers would have plainly provided for that. They did not.There were many possible Governmental forms and many permutations within any Governmental form to choose from. The framers of the Constitution considered many configurations of Government and rejected all but one: A tripartite co-equal Branch Republican form of Government in which each Branch would be accorded its own set of limited, clearly articulated, and demarcated powers and authority. Thus, the Framers constructed one form of Government they hoped would be the least susceptible to insinuation of tyranny. Still the framers of the U.S. Constitution harbored doubt that their best efforts to establish a Government of three co-equal Branches would be sufficient to forestall the insinuation of tyranny into the Government. Their concerns were justified.They knew that such is the nature of Government that no Governmental form would suffice to prevent the inevitable and inexorable tendency of a centralized Government with a standing army to resist the irresistible tug, and urge, and itch, to gather ever more power for itself.Since the Federal Government was constructed to be the servant of the people, the founders made certain that the American people would bear arms to secure their freedom and liberty from tyranny and they understood that the natural law right of the people to keep and bear arms would rest—must rest—beyond the power of Government to toy with. For it is only through an armed citizenry that Government—especially one that is hell-bent in exercising absolute power and concomitantly oppressing the citizenry—can be kept from usurping the sovereignty of the American people and subjugating them in the process.Exercise of Governmental Power has shifted between and among the Branches through the decades, as they jockey for power and this is inconsistent with the plain text of the Constitution that demarcates the power and authority of each Branch; the power and authority that each Branch was allowed to wield, and not intrude on the domain of another Branch.The American people as the sole sovereign over Government would check the insinuation of tyranny—a given—through exercise of the natural law right of the people to keep and bear arms. And that would remain an immutable “constant,” irrespective of the machinations of the Three Branches of Government.And it is the stubborn constancy of the Second Amendment continues to rankle Big Government and its supporters to no end becoming more noticeable as the Government continues to devolve ever further into tyranny. Today, we see the coalescing and merging of the Executive Branch and Legislative Branches. And we see attempts to bring the Judicial Branch into the fold. And none of this bodes well for the American people. This means the right of the people to keep and bear arms grows more insistent. Consider——The Biden Administration, with a compliant Senate, has barreled through confirmation the first of a new kind of Supreme Court Justice: one who has no regard for the rights and liberties of the American people. This person, Ketanji Brown Jackson, is a person of mediocre talents at best, according to a National Review report. She was selected by the Administration’s shadowy puppetmasters, precisely because she is a dutiful proponent of the Marxist dogma of “Diversity, Equity, Inclusion.” Did the National Review provide support for her nomination? One reporter did. See an article in the Federalist about this, chastising the National Review because of this. This nomination and confirmation of Ketanji Brown Jackson and more like her would not bode well for the independence of the Court.Imagine the fate of Americans today if Congress could legislate away exercise of the fundamental rights as codified in the Nation’s Bill of Rights and if the Executive Branch could do much the same through DOJ/FBI and ATF misuse of its Administrative Rulemaking authority.And, does anyone doubt for a moment that five Justices—the faux Conservative-wing Originalist, Chief Justice Roberts, and four liberal-wing Associate Justices, Breyer, Kagan, Sotomayor, plus Garland, wouldn’t have overturned the rulings of the seminal Second Amendment Heller and McDonald cases, using the Bruen case for just that purpose, apart from affirming the decision of the U.S. Court of Appeals for the Second Circuit, for the Respondent City of New York, against the Petitioners. In a nightmare world that could have happened, and, indeed, would have happened. And, here in reality, the Neo-Marxists and Neoliberal Globalists are more than annoyed at the outcome of Bruen and Dobbs, that their dream of negating the Second Amendment did not happen. They are absolutely apoplectic over that. Just look at how this obsequious, fawning head of the DOJ, unlawfully but dutifully targets Americans for special treatment at the behest of the Biden Administration and at the behest of other radical groups like the National School Board Association. The framers of the U.S. Constitution would not be pleased but not all that surprised at the Government’s turn toward tyranny. As the framers wrestled with and finally settled on a Republican form of Government, consisting of three co-equal Branches, they also created a “failsafe” to offset the tendency of Government toward tyranny. Government would serve at the behest of the American people, the true and sole sovereign of Government and Nation but only if that Government is kept in check by an armed citizenry, whom, Constitutionally, it has no control over as it is prohibited from infringing the natural law right of the people to be armed. Thus, the cause of frustration of those forces that seek to usurp the sovereignty of the American people by controlling their possession of and access to arms and ammunition.The British Empire sought to do this once and failed. Much more insidiously, the Government of the United States, today, seeks to do the same thing and this Government has been busily at work, especially in the 20th Century and to the present day, to dispossess the American people of their firearms and stocks of ammunition and, further, to destroy their will to resist.Imagine the fate of Americans today if Congress could legislate away exercise of the fundamental rights as codified in the Nation’s Bill of Rights and if the Executive Branch could do much the same through ostensible DOJ/FBI and ATF Administrative Rulemaking authority. Not to be long forestalled by the inconvenience of the U.S. Constitution, the Nation’s Tyrannical Government has attempted to do just that. The first major Federal legislation infringing the right of the people to keep and bear arms was in the 1930s with enactment of the appalling National Firearms Act of 1934 and Congress added to that infringement with the Gun Control Act of 1968, and the “Gun Violence Prevention Act of 1994.” And the threat continues to this day. These enactments conflict with the primacy and supremacy of the Second Amendment to ward off the threat of tyranny and are prima facie proof of the Government’s embrace of Tyranny. Yet——Historical events demonstrating the fact of Government usurpation of powers and authority that belong alone to the American people become of themselves legal justification for controverting the dictates of the Constitution.But Government action that erodes fundamental Rights and Liberty should not operate as prima facie evidence of the lawfulness of those actions merely because they occurred. But that is what we have. Historical events demonstrating unequivocal illegal Government action infringing Americans’ fundamental rights manifest, paradoxically—like a conjurer’s sleight of hand—as self-justifying evidence for the legality and propriety of the actions—a kind of historical necessity: “it happened, so it must be right and proper.” The historical antecedent event thus transforms as a transcendental moral truth.That is the argument the Biden Administration makes for corralling the Second Amendment. And that over-reliance on history and on the appeal to history as part of the Court’s standard of review of the legality of laws impinging on the Second Amendment point to a serious flaw in Bruen. Justices Alito, Thomas, and Amy Coney-Barrett must know this.In fact, Justice Amy Coney-Barrett specifically points to the problem of utilizing history as a standard by which to ascertain whether a particular Governmental action unconstitutionally infringes the Second Amendment. In a short concurring opinion which, curiously no one joined, she says, in part, this: “I write separately to highlight two methodological points that the Court does not resolve. First, the Court does not conclusively determine the manner and circumstances in which postratification practice may bear on the original meaning of the Constitution. . . . Scholars have proposed competing and potentially conflicting frameworks for this analysis, including liquidation, tradition, and precedent. . . . The limits on the permissible use of history may vary between these frameworks (and between different articulations of each one). To name just a few unsettled questions: How long after ratification may subsequent practice illuminate original public meaning? . . . . What form must practice take to carry weight in constitutional analysis? . . . . And may practice settle the meaning of individual rights as well as structural provisions? . . . The historical inquiry presented in this case does not require us to answer such questions, which might make a difference in another case. . . . Second and relatedly, the Court avoids another ‘ongoing scholarly debate on whether courts should primarily rely on the prevailing understanding of an individual right when the Fourteenth Amendment was ratified in 1868’ or when the Bill of Rights was ratified in 1791. . . . Here, the lack of support for New York’s law in either period makes it unnecessary to choose between them. But if 1791 is the benchmark, then New York’s appeals to Reconstruction-era history would fail for the independent reason that this evidence is simply too late (in addition to too little). Cf. Espinoza v. Montana Dept. of Revenue, 591 U. S. ___, ___-___ (2020) (slip op., at 15-16) (a practice that ‘arose in the second half of the 19th century . . . cannot by itself establish an early American tradition” informing our understanding of the First Amendment). So today’s decision should not be understood to endorse freewheeling reliance on historical practice from the mid-to-late 19th century to establish the original meaning of the Bill of Rights. On the contrary, the Court is careful to caution ‘against giving postenactment history more weight than it can rightly bear [citations omitted].’” We discuss this problem of history as a component of a new standard of review in Second Amendment cases in future articles analyzing Bruen._________________________________Copyright © 2022 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved
“THE PRIVILEGE” TO KEEP AND BEAR ARMS SHALL NOT BE INFRINGED?
“THE PRIVILEGE” TO KEEP AND BEAR ARMS SHALL NOT BE INFRINGED?
QUOTATION LEAD-IN TO ARTICLE
“It is time for us to think outside the box and form two countries. Instead of civil war I propose civil separation. We are two countries, so ideologically opposed that each feels victimized and dominated by the other. Political leaders need to step up and brainstorm next steps. Clearly lay out the two ideologies and give each state a vote as to where they belong.” ~“Opinion Letter” from reader of The New York Times posted on June 5, 2022, responding to May 27, 2022 “America May Be Broken Beyond Repair,” by the Political Progressive Columnist for the Times, Michelle Goldberg. The letter writer, Dawn Menken, a Psychologist, from Portland, Oregon, is the author of “Facilitating a More Perfect Union: A Guide for Politicians and Leaders,” published in 2021*
THE CONCEPT OF ‘PRIVILEGE’ ISN'T AT ALL THE SAME THING AS AN ‘UNMODIFIABLE, FUNDAMENTAL, IMMUTABLE, ILLIMITABLE, AND ETERNAL GOD-BESTOWED RIGHT’, BUT THE TWO CONCEPTS ARE OFTEN, AND ERRONEOUSLY, CONFLATED
If the American public didn’t know the truth before, it knows it now: the battle for the very Soul of the Country is on the line, and Ground Zero of that battle isn’t Uvalde, Texas. It’s New York City, New York.The Nation is indeed “two Countries,”—no less so now than at the time of the American Civil War: friend against friend, brother against brother, uncle against cousin, father against son. But, what is different today is that ideologies cut across and into the very notion of what it means to be an American. There are those who hold to the meaning and purport of our Nation as set forth in our Constitution and especially in the Nation's Bill of Rights. And there are those who wish to jettison all of it in the erroneous belief that our Nation is at its core, immoral, even evil. They wish to destroy the very fabric of a free Constitutional Republic. These adherents of the ideology of Collectivism have, with the aid of nefarious and shadowy and powerful forces, residing both here and abroad, gained control over much of the Federal Government. And having gained control over much of the Press and of media, as well, they propagate their message to the American people incessantly and vehemently. But one thing these Collectivist overseers have not gained control over: America's armed citizenry. And that disturbs and perplexes them and places them in a quandary as to what to do about it. For doing something about that, these Collectivists must. One cannot destroy a Nation if one cannot gain control over those who have the will and means to effectively resist the insinuation of tyranny over them.But, how does one go about separating an estimated 400 million firearms (according to American Gun Facts) in the hands of one-third of the target population. According to a November 2020 Gallop Poll, thirty-two percent of Americans possess firearms. See also report of the Rand Corporation, a 2017 report of the Pew Research Center, titled, “the Demographics of gun ownership,” and an SSRN 2021 “National Firearms Survey.” Seditious newspapers, like the Washington Post, New York Times, Los Angeles Times, and USA Today, and seditious Cable and Broadcast news organizations, including ABC, NBC, CBS, CNN, MSNBC, PBS, and NPR disparage guns and gun ownership so frequently and so vehemently that a person is led to infer that their business models are designed around that one narrative. The amount of air time and Press coverage these news organizations devote to defensive use of arms is so scarce as to be essentially nonexistent. Such mention that is made of effective defensive use of arms to thwart criminal because of too much internet chatter regarding it, is given curt treatment with the hope that it will eventually dissipate on its own. Instead the American psyche is bombarded with viral memes. Injected with and subjected to verbal and visual memes on a daily basis, the American develops a phobic reaction toward guns and toward those who possess them: word phrases such as Gun Violence, Gun Culture, Mass Shootings, Assault Weapons, AR-15 Rifles, Weapons of War, Large Capacity Magazines, when coupled with images of violence operate as visual and auditory cues, that induce a neurotic reaction in the target population. This is to be expected; in fact this is intended. The goal is to create in the mind of the target a feeling of physical revulsion and repulsion toward guns.But, is it really a concern over the safety of innocent people that motivates a vigorous response against firearms and firearms' ownership, misguided though that be, or is there something more sinister at play? If it were the former, one would expect a harsh response toward the massive wave of everyday criminal violence infecting our Country, especially in the major urban areas. But, we see no such response. Those State and municipal Government officials and legislators who rabidly attack guns in the hands of average, rational, responsible, individuals handle rampant violent and vicious crime infecting their locales with an air of casual indifference and diffidence. So, it cannot be violent crime generally or violent gun crime committed by drug-crazed lunatics, psychopathic and psychotic gangbangers, and by garden-variety criminals that motivate these officials. What might it be, then? Why would Neo-Marxist/Neoliberal Globalist Government officials, along with their compatriots in the Press, go off half-cocked whenever a rare occurrence, invariably avoidable, of "mass violence" arises, occasioned by the actions of a solitary lunatic? Why would Government officials and legislators shriek for more nonsensical gun laws, targeting tens of millions of average Americans, predicating the need for it on the lowest common denominator among us: the lone wolf psychotic. The answer is plain. The actions of the lone wolf psychotic merely provide a convenient pretext. It isn't the criminal actions of the lone wolf malcontent psychotic that Government is concerned about. For that lone wolf doesn't pose a viable threat to a Government. Rather, it is the armed citizenry that poses a threat to Government and by the very fact that the citizenry is armed. But, why should Government fear its own citizenry? It shouldn't and wouldn't unless Government seeks to usurp the sovereignty of the citizenry, as it clearly aims to do.A perspicacious Tyrant would know it is a Tyrant. But this Federal Government doesn't know it. So entrenched in Tyranny is this Federal Government through years and decades of usurpation of the authority rightfully belonging to the American people, that it has grown oblivious to its unlawful usurpation of power and authority. The Federal Government has amassed power and authority that doesn't belong to it, and never did belong to it, believing, wrongly, that the power it has usurped from the people is rightfully its own. And the Government has become jealous in guarding this power, hoarding it all for itself.It then stands to reason that the Federal Government would come to perceive the armed citizenry as a potential rival to crush, rather than as a master to serve. But, even in that the Federal Government, as Tyrant, is really but a caretaker to those bankers and financiers who are plotting the demise of this western Nation-State and all western Nation-States.Americans celebrate July 4 every year, since July 4, 1776, the Day America's first Patriots declared their independence from tyranny. The Declaration of Independence was a righteous but defiant act. It led to war. It was a war hard fought. And the seeming underdog vanquished the mighty British empire. July 4, 2022, is just around the corner. But every year, since the turn of the 21st Century, Americans have had cause for concern, whether this July 4th Celebration would be our Nation's last.The founders created a Republican form of Government, having considered and dismissed many others. the American people would themselves be sovereign rulers where their representatives would serve and represent their interests. A Republican form of Government as envisioned and as created is antithetical to a Dictatorship, where Government is sovereign over the people.The British monarchy would eventually come to terms with loss of the American colonies. The Rothschild clan, on the other hand, would not forgive nor forget the loss of those colonies, and the loss of financial riches across the Atlantic Ocean. With the help of other financiers they realized it best to use subterfuge rather than arms to defeat the colonialists descendants. With the creation of the Federal Reserve System and with the seeding of money to the representatives of the people, to do their bidding and not that of the American people, and with their control over vast levers of power of Government, and with their control of the Press—the mechanism of dissemination of information—the Rothschild clan and its captain have gained back in two hundred and fifty years all that they had lost in eight years of the American Revolutionary War—but for one thing:
UNLIKE THE PEOPLE OF THE EUROPEAN UNION AND OF THE BRITISH COMMONWEALTH NATIONS, THE AMERICAN PEOPLE ARE AN ARMED PEOPLE
A Tyrannical Caretaker Government for the Rothschild and Soros Financiers and Globalist Billionaire elites cannot gain control over a citizenry that has the requisite will and the means to effectively resist oppression and subjugation.Americans are well aware that the loss of their Republic, their Sovereignty, of their God-Given Rights and Liberties is at hand—but for the fact that Americans are armed.The senile, corrupt, weak-willed, and weak-kneed puppet of the Globalist elites, signed a flurry of executive orders on a wide variety of matters, rescinding and countermanding the gains made by Donald Trump in returning our Nation to prosperity and prominence on the world stage. But, the policy-makers wisely refrained from taking any action, curtailing the right of the people to keep and bear arms. The puppet masters knew that they would need time to consolidate their power even with the feeble, frail Biden puppet and legions of other lackeys at their disposal. And time they now had with Trump removed from Office. And they knew that it would be just a matter of time before some lunatic with a gun would create a furor that the Press could pounce upon. Perhaps, they even had a hand in prepping their psychotic robots to instigate the events that would serve as the quasi-plausible pretexts upon which to launch a flurry of new anti-gun legislation.All of this would be necessary. A new soci0-political-economic paradigm embracing the entire world is an ambitious project. And the remains of the United States is a vital component for bringing that project to fruition. Pragmatic concerns mandate this. But emotions probably also play a part. The Rothschild clan could see, not only in the demise of the United States, but in the manner of that demise—Americans denigrating their own history and heritage, destroying their own monuments, disparaging their own Founders—a malicious joy in that undertaking would be something the Rothschild clan and George Soros et. al. would chuckle over.The nascent American people effectively resisted tyranny once before, long ago, against immense odds, and overthrew a tyrannical Government, the British Empire. That empire was nominally ruled by a Monarch, George III. But it was effectively ruled by the Rothschild Banking Cartel.George III was long laid to rest. The present British Dynasty, the House of Windsor, is decadent, effete, corrupt, and a major expense to the English people. Once Queen Elizabeth dies, the monarchy will quickly wither under King Charles if he becomes King at all. The English Parliament, like the monarchy operates more by empty ritual. The real power resides in the Bank of England, just as the Federal Reserve presides over the Government of the United States.The United States Supreme Court will soon release its decision in Bruen, and the puppet masters and their minions in the Press and in Government are worried; frantic, really. What claim can they make on the Nation if sovereignty over it continues to rest, not in them, but in the American people?Much more concerning to the Nation’s Destructors than a High Court decision in the Dobbs abortion case—a leaked version of which created a furor as it was designed to do—is retention by the Right of the People to Keep and Bear Arms. Unrestrained exercise of this Fundamental God-Given Right by the people goes to the heart of our Nation’s history, heritage, traditions, ethos, culture, and ethical and legal foundation.The Nation’s enemies, both inside it and outside it, detest America’s armed citizenry. They hate the Nation’s freedoms and liberties. They disdain the Nation’s belief and faith in Divine Natural Law.That abhorrence isn’t grounded on mere aesthetics or even on ethical concerns. It is based on frustration, rage, and fear. The Bill of Rights prevents America’s domestic and foreign enemies from taking control over the Nation and its people.In colorful language, The NYTimes explains this frustration, rage, and fear—one borne of Americans’ insistent adoration for its Bill of Rights. The Times says:“Most Republicans in the Senate represent deeply conservative states where gun ownership is treated as a sacred privilege enshrined in the Constitution, a privilege not to be infringed upon no matter how much blood is spilled in classrooms and school hallways around the country.” ~ from an article in The New York Times, May 26, 2022, by Carl Hulse, Chief D.C. correspondent for the NYTimes.That aforementioned article came out in late May. Two weeks later, ten U.S. Republican Senators, “Ten Little Indians”,** broke ranks. They betrayed their Oath to their Constituents. That was bad enough. But, they also betrayed their Oath to Country and to Constitution. That was worst of all. For, in doing so, they betrayed their Faith and Allegiance in the Divine Creator in daring to circumvent Divine Will. They have joined the ranks of the Democrat Party Neo-Marxist/Neoliberal Globalist Satanists. These “Ten Little Indians”—these ignominious United States Republican Party Senators, ten in number—should, properly, justifiably, suffer the fate of those “Ten Little Indians” of poem.The Hill reports, “A bipartisan group of senators announced a deal Sunday on framework legislation to address a recent surge in gun violence in the U.S.The proposed legislation includes funding for school safety resources, strengthened background checks for buyers under the age of 21, incentives for states to implement their own red flag laws, penalties for straw purchases of firearms and increased protections for domestic violence victims.The bipartisan group was made up of 20 senators, including 10 GOP lawmakers, many of whom are strong supporters of gun rights and political allies of the powerful National Rifle Association (NRA).”With support from those 10 Republicans, the legislation likely has the votes to overcome the 60-vote threshold to avoid a filibuster in the Senate. And what caused these 10 Republicans to take affirmative action against preservation of an absolute and essential fundamental Right—the Natural Law Right of Armed Self-Defense? What caused these Republicans to capitulate to the Neo-Marxist Democrats: Bribes of Money? Desire to appease an angry mob of Neo-Marxist Cultist lunatics? Fear of physical assault from this angry mob of Neo-Marxist Cultist fanatics and lunatics if these Republicans failed to bow down to the mob and to a renegade Neo-Marxist/Neoliberal Globalist-controlled Congress and to the powerful and ruthless forces that control them both? Or, were they of that mindset all along:The Destroyers of our Nation don’t even deign to refer to gun possession as a Basic Right—the most basic Right: one grounded on personal survival, be it from predatory creature, predatory man, or predatory Government. Rather they utilize the word, ‘privilege,’ in lieu of ‘right,’ to describe those who seek to exercise it. Tacit in the word, ‘privilege,’ is the idea of something wonderful that some people attain by dint of birth advantage or connection made or acquired—but that most do not.This substitution of words is no small thing. To be sure, the words, ‘right’ and ‘privilege,’ are often conflated. For example, in the Merriam-Webster dictionary——“A privilege is a right or advantage gained by birth, social position, effort, or concession.” Yet, a “Right’, i.e., a “Fundamental God-Bestowed Right” is something beyond mere “Privilege.” It is a thing intrinsic to a person—derived from natural law. The Stanford Encyclopedia of Philosophy elaborates on this:
- “To have a right is to have a ‘valid claim.’”
- “‘In the strictest sense’ all rights are claims.”
- “A right, in the most important sense, is the conjunction of a [privilege] and a claim-right.”
- “All rights are essentially property rights.”
- “Rights are themselves property, things we own.”
This distinction between ‘fundamental right’ and ‘privilege’ rests at the root of Bruen, whether one knows this or not, and therein rests its singular importance for Americans.And the Bruen case is more important to the preservation of a free Republic than many Americans can truly appreciate or the legacy Press and Government will let on.In its Brief for review, on December 17, 2020, the Petitioner presented the issue thus:“Whether the Second Amendment allows the government to prohibit ordinary law-abiding citizens from carrying handguns outside the home for self-defense.”The issue as stated goes to the heart of the import of the Second Amendment. Do Americans have a fundamental, unalienable right to keep and bear arms, or not? Petitioners meant to bring that salient issue front and center. Heller made clear that a person has the unalienable right to keep and bear arms in defense of hearth and home. But, the underlying basis for that ruling and the substructure of it is this: the right of the people to keep and bear arms is an individual right. The tacit implication is this: exercise of that right is grounded on natural law, and beyond the power of the State to meddle in it, i.e., the Right of the People to Keep and Bear Arms is God-bestowed, and, therefore, Absolute.In an attempt to lessen the impact of a ruling expected to favor the Petitioner, the Robert’s Court limited the scope of the issue on review to consideration of the Constitutionality of the City’s procedures for issuing concealed handgun carry licenses. The High Court redrafted the issue on review to this:“Whether the state of New York's denial of petitioners' applications for concealed-carry licenses for self-defense violated the Second Amendment.”John Roberts and the liberal wing of the Court attempted to chop off the legs of the issue at the knee: reducing the reviewable issue merely to the constitutionality of NYPD procedures.In light of the recent Uvalde, Texas incident, an incident that the Harris-Biden Administration, along with a Democrat-Marxist-controlled Congress and seditious Press, has irresponsibly, reprehensibly, unconscionably, shamelessly and incessantly focused the public's attention on and magnified to further its goal—the eradication of the Nation's Second Amendment of the Bill of Rights and the toppling of a free Constitutional Republic—the Bruen case takes on heightened importance. This Neo-Marxist/Neoliberal Globalist abhorrence of the armed citizenry is borne of outright fear. The Tyrant always hates and fears an armed citizenry. But, what might Americans expect from the High Court apropos of Bruen.In a worst-case scenario for the puppet masters and their minions who seek the dismantling of our free Republic, the Court will strike down the entire handgun licensing regime. If that were to happen, the impact would be felt across the Nation.Americans would immediately commence filing lawsuits challenging restrictive concealed handgun licensing regimes across the Nation, as well they should.The Bruen case was/is primed to do just that. And, after more than a decade— and with Marxist/Globalist Government's continuing consolidation of power, methodically and inexorably stripping the citizenry of its Fundamental Rights and of its sovereignty over Government—it is high time for another seminal Second Amendment case. Only through the preservation of the armed citizenry can America's Patriots ever hope to preserve the Founders hard-fought victory over oppression and Tyranny. Only through steadfast defense of the meaning, and purpose, and the American Revolution of 1776, can Americans effectively repulse the Neo-Marxist/Neoliberal Globalist Open Society/EU/UN/New World Order Collectivist Counterrevolution of the 21st Century.___________________________________
DON’T RELY ON THE U.S. SUPREME COURT TO PROTECT THE SECOND AMENDMENT.
THE FORTHCOMING BRUEN DECISION IS LIKELY TO BE MORE DISAPPOINTMENT THAN JOY—JUST LIKE THE NEW YORK CITY GUN TRANSPORT CASE DECISION THAT CAME BEFORE IT.
Even the most politically naïve of Americans and even the most devout of the Democrat Party faithful must now have serious misgivings about the future well-being of our Nation. They must now recognize that the Federal Government—after Trump—is not what they counted. It is not what they bargained for. They must now recognize that the Federal Government—this Federal Government—does not serve their interests and that it does not have their life, safety, and well-being at heart: quite the opposite in fact. The Executive Branch and the Democrat-Party-controlled Congress are two institutions serving the interests of the lunatic fringe Neo-Marxist Cultists and Neoliberal Globalist Billionaire Bilderberg Group Clubbists, only.The shared aspiration of both is to witness the demise of the United States as an independent sovereign nation-state; the destruction of a free Constitutional Republic; the annihilation of a once proud and sovereign American people and their concomitant debasement and devolution to subjugation, and servitude. And all that is occurring swiftly.Nor should Americans pin their hopes on the High Court—the Third Branch of the Federal Government—to save them from the mess deliberately propagated by the first two. If Americans believe that the U.S. Supreme Court will surely preserve and protect the Constitution and staunchly defend their Bill of Rights, they will surely be sorely disappointed.If the New York City gun transport case is a harbinger of things to come from the rulings in Bruen, then Bruen is likely to be a hollow victory at best. Less a third seminal Second Amendment case building on Heller and McDonald, Bruen is likely to read more like the Roe v Wade abortion case—a sorry attempt to satisfy everyone, it will likely do little to satisfy anyone. And, why do we say this:First and Foremost, Consider——The Roberts Court's reconfiguration of the issue in Bruen was meant to forestall a cataclysmic ruling that would put a stop to the very notion of open-ended “gun regulations”—the bane of the Second Amendment—that would serve to buttress and strengthen the Heller and McDonald rulings. Chief Justice Roberts and the liberal wing of the High Court wanted none of that. And the restructuring of the issue in Bruen was meant to guarantee that noxious, heavy-handed and clearly unconstitutional handgun licensing schemes, would be here to stay, at least in some jurisdictions. Thus, it behooves the American Patriot, to be wary of High Court meddling, no less so than Executive and Legislative Branch meddling in the matter of fundamental, immutable, absolute—yes, absolute—Rights. The Third Branch of the Federal Government—this Roberts Court, sans Scalia— no less than the first two Branches, will not zealously defend the Bill of Rights, and especially the Second Amendment right of the people to keep and bear arms, notwithstanding the integrity and fortitude and intellectual acumen of Justices Thomas and Alito. For they are only two stalwart American Patriots remaining now that Justice Scalia is no longer with us. But, then, the Framers of our Constitution, with Divine guidance, did intend and did provide, through inclusion of God-Given Absolute Rights, existent inherently in man, that the American citizenry would be wanting if bereft of support from any one or more or all three of the three Branches of the Federal Government. The American people require not assistance in defense of the Nation's elemental Rights and Liberties, for the Federal Government cannot excise them away. The Executive Branch cannot issue Presidential edicts or Bureaucratic Rules to blunt the exercise of them. The Legislative Branch cannot enact laws to nullify them. And the Judicial Branch cannot issue opinions to deny their import. All attempts to modify, repeal, abrogate, dismiss, ignore, or reinterpret God-Given Rights by Governmental artifice is unlawful from the get-go. The plain, succinct, categorical language of the sacred Rights of the Bill of Rights of the United States Constitution makes transparent, the immutable, illimitable, eternal, non-modifiable, absolute nature of them and demonstrates the irrationality and incongruity of any attempt by the Government or by its proxies to diminish them.But, then, should Americans ever have placed faith in this Federal Government, above their faith in Divine Natural Law. Of course not! Does not this Federal Government, not unlike any other Government in history, have, within it, the seeds of repression, oppression—in a word, 'tyranny'? Assuredly so!Truly, to defend Liberty, Freedom, and Sovereignty, the onus will always rest, as it has in the beginning, and as it must in the end—on the people themselves— to defend their Liberty, Freedom, and sovereignty against all threats whether emanating outside the Country or writhing within its very bowels.Thus, Americans should not place, their hopes and dreams in the High Court as their main, much less their sole, source of and mechanism for their salvation. That Branch of Government, as with the other two, is ultimately a "political organization," as unreliable and as conniving as the other two. Sure, Justices Thomas and Alito are known quantities: men of unparalleled principle and ethics. But, only the late Justice Scalia had sufficient, formidable strength— capable of standing up to Chief Justice Roberts; keeping both Roberts and the liberal wing of the Court in check.But the eminent Justice Antonin Scalia is, unfortunately, no longer with us. He died under mysterious circumstances: circumstances never resolved, events not adequately explained; circumstances unlikely ever to be resolved or adequately explained to the public's satisfaction.So then, what will Americans likely see from the upcoming Bruen decision? The U.S. Supreme Court will strike down New York City’s procedures for issuing concealed handgun carry licenses, and it may do so on grounds of vagueness or arbitrariness; but that will still leave the heart of “may-issue”/“proper cause” in force. Stephen Breyer and the other liberal wing Associate Justices will file their lengthy and vehement dissents. And Associate Justices Clarence Thomas and Samuel Alito—with Amy Coney-Barrett, perhaps—will probably file concurring opinions. And, if so, they will likely point to, explicate, and expound upon the illegal and illogical “may-issue”/“proper cause” construct. But the concurrences as with the dissents will be dicta only. They will not have the force of law, i.e., they will not operate as binding holdings/rulings.The case holdings/rulings will, then, likely come up short. Given a reworking by the Roberts Court of the issue, as presented in Petitioners' Brief, it is unlikely the Conservative Court majority will be able to strike down the entirety of concealed handgun licensing structure of New York even if Justices Thomas and Alito would be willing and prepared to do just that. For, if that were to happen, it would implicate and therefore jeopardize similar handgun licensing regimes in other Anti-Second Amendment jurisdictions. Justice Roberts and the liberal wing would never allow that to happen. And Justice Scalia isn't here to see that it would happen.See, e.g., article in Syracuse News, where one New York District County attorney predicts that the Court's ruling in Bruen will be very narrow.
“Locally, law enforcement officials don’t expect the decision will affect the policing of guns or safety.
Strong concurrences by Justices and Alito and Thomas would only operate as dicta, not actionable case rulings/holdings. Thus, a minimalist Bruen decision would hearken back to the limp and lame New York City handgun transport case. That would be a blow to the sanctity and inviolability of the right of the people to keep and bear arms. The validity of New York's concealed handgun licensing regime, along with the underlying methodology/paradigm model of “may-issue”/“proper cause” will remain intact. But that is what we will see. The Arbalest Quarrel hopes we are wrong in our estimates. We would be surprised but pleased if that were to happen, but we don't expect that it will.A minimalist High Court ruling in Bruen would also disparage the import of the Court’s rulings in Heller and McDonald. The Nation’s enemies would be pleased. America's Patriots, rightfully, would not.Such a paltry ruling would not bode well for the continued security of a free State, especially in the present unhealthy political, social, and economic climate.But, even a minimalist ruling favoring the Bruen Petitioners will not be good enough for Anti-Second Amendment news organizations such as CBS News, whose doom and gloom prognostications only see the upending of the entire New York State concealed handgun licensing regime:“The Supreme Court is on the verge of ruling on a case that could overturn New York state's gun carry law. Records obtained by CBS2 show as many as 20,000 more guns could inundate the streets of the Big Apple, following such a decision.”That isn't likely to happen even on a best case ruling scenario. For, contrary to this reporting, the constitutionality of the entire New York State concealed handgun carry regime isn't at issue. The issue on review goes to the procedures created by the NYPD Licensing Division. Chief Justice Roberts saw to that. So, we know where his sentiments rest, even if, as a matter of logic alone, and not law, the Constitutionality of the entire New York handgun licensing regime is impacted. As we expect, the underlying handgun licensing structure will remain unscathed, consistent with the restrictions made by the Roberts Court on the issue to be decided in Bruen.Suppose, then, that consistent with the constrained issue, the Court's majority does strike down the City's concealed handgun carry license procedures, only, leaving intact the salient structure of the State's handgun licensing regime. That won't do much for Petitioners' rights; at least not immediately, and, perhaps, not ever.New York State and New York City will take their good time in developing and instituting new concealed handgun carry license procedures for issuance of unrestricted and restricted handgun carry licenses both in the City and across the State.CBS News, of course, sees a slow-walk as a good thing, as they assert in the afore-referenced article:“. . . a high-ranking source tells CBS2's Marcia Kramer it could take the city years to comply.”See also articles in other Anti-Second Amendment sources such as Gothamist and in the seditious CNN and NY Times.And the New York Government would take its own good time in concocting a new set of arbitrary procedures to replace the ones struck down. New Yorkers would then be back to square one. America’s enemies would breathe a collective sigh of relief. There is no doubt about that! The NY Times reported on June 6, 2022, the following:“In New York, Gov. Kathy Hochul has said that she would consider calling a special session of the State Legislature if the law were overturned. And after a shooting in Buffalo last month in which a teenager motivated by racism killed 10 Black people at a grocery store, she brought up the law unprompted, saying that her administration was ‘preparing our state for what could be a Supreme Court decision that allows people to carry concealed weapons. We’re ready.’A spokeswoman for the governor declined to elaborate further on the preparations.”One need not wonder of the impact the Uvalde, Texas Elementary School shooting incident will have on Hochul. She will only become more entrenched in slow-walking or sabotaging, outright, a Bruen High Court decision that strikes down the New York City' Police Department License Division's procedures for issuing concealed handgun licenses.More importantly is the question what impact the recent shooting incident will have on the U.S. Supreme Court itself. Has the Court made changes to the majority, and concurring, and dissenting opinions, as a result of that incident in light of immense news coverage of it and Congressional action on it?Americans will no doubt see the liberal-wing in rare form, writing political and public policy tracts disguised as legal opinions. And, don't be surprised to see Chief Justice Roberts doing the same. The danger here is that Roberts and Kavanaugh may, at the Eleventh Hour, do a one-eighty switcheroo and join the liberal wing of the Court. That would give the liberal wing of the Court the majority it needs to rule for the Respondent New York, against the Petitioners. New York’s unelected Governor, Kathy Hochul, true to form—hateful of the Second Amendment—is going ahead full throttle to destroy the Right of the people to keep and bear arms as if Bruen never existed, even though a decision in the case is imminent. She has made this patently clear in a flurry of Anti-Second Amendment legislation she has very recently signed, as well as in her executive orders.And the New York City Mayor, Eric Adams, is 100% onboard with Hochul, as he backs her continuing control of the State. An affiliate of NBC News, 4NewYork News, reports:“New York City Mayor Eric Adams endorsed New York Gov. Kathy Hochul for a full term on Wednesday, praising her as 'an amazing governor' who deserves a full term.Adams, a centrist Democrat like Hochul, told supporters at a Manhattan union hall that voters need someone who can 'get stuff done in the state of New York.' Hochul, the former lieutenant governor, is running to keep the job she has held since August 2021 when Andrew Cuomo resigned amid allegations of sexual harassment, which he has denied.”The Neo-Marxist/Neoliberal Globalist-controlled Federal Government and the Soros backed and funded Neo-Marxist/Neoliberal Globalist State and Municipal Governments across the Country do nothing to hide their visceral contempt for the American people or their outright loathing of the Bill of Rights. One sees all of this through their failure to comply with the strictures of this Nation's body of laws and its Constitution. Worse, one sees increasing intimations of brazen seditious meddling with and offending of Bill of Rights imperatives. Nothing constrains the actions of the Collectivists' insinuation of tyranny throughout the Republic, much as they, together with CCP China, consolidate their control over the nation-states of the EU and over the British Commonwealth Nations.Still, the United States has one thing no other Nation or group of Nations or other political construct has: a true Bill of Rights that incorporates the preeminent Right: that of Armed Self-Defense. But, how many firearms are in private hands is not known, only guessed at, and that is a good thing.Government is not in the business of and should never be in the business of knowing or attempting to know who among the citizenry is armed and the manner of their armament. That fact goes hand-in-hand with the unalienable right of the people to keep and bear arms.The armed citizenry is the singular source of this Nation's strength, vitality, and well-being; the basis for the sanctity and inviolability of Selfhood; the foundation of a free Constitutional Republic; the necessary condition through which that free Republic may be maintained; and, the ground upon which the sovereignty of the American people over Government is secured and upon which tyranny is resisted, restrained, and repulsed.The High Court should keep all of this in mind when deciding Bruen. But, even a ruling in favor of Petitioners against New York, will not of itself secure the Republic against encroaching Tyranny. For the forces that seek to impose it are powerful, well-organized, and deeply entrenched in our private and public institutions.Governor Kathy Hochul has powerful, ruthless, and inordinately wealthy allies, who will support her if she does not comply with the High Court's rulings, striking down New York City's concealed handgun carry procedures. Indeed, they will certainly dictate policy for her as they have done all along, just as they are doing for New York City Mayor, Eric Adams. The public simply sees in Hochul's policy aims and actions an inkling of the face that hides in the shadows, dictating her policy aims and actions. Hochul's stubbornness, in failing to heed U.S. Supreme Court rulings in Bruen, will certainly tell all Americans, but especially those residing in New York, everything they need to know of the unbridled contempt both she and those that pull her strings have for our people; for our Republic; and for our Nation’s Constitution.Disdain toward High Court rulings does not bode well for the continued security of a free State in the present unhealthy political, social, and economic climate. We have seen this abject disdain played out by State Governments and lower Courts toward Heller and McDonald. Much the same disdain will be played out again in Bruen. That is why Americans must stay true to the plain meaning of the Bill of Rights, especially when it comes to matters of armed self-defense against Tyranny. At the end of the day, the Bill of Rights is all that they have to assert their will on a renegade Government. For the Nation's first Patriots, a firm conviction in the righteousness of their cause, a blanket refusal to surrender their firearms to tyrants, and a valiant will to use those firearms against tyranny, sufficed to vanquish a mighty but ignoble foe. At the time, the Bill of Rights was inchoate. But, the germinating idea of the immutability and illimitability of the natural law right of armed self-defense against tyranny sufficed to win the day. The germinating idea of the immutability and illimitability of the natural law right of armed self-defense against tyranny sufficed to win the day against seeming insurmountable odds. Today, the Bill of Rights is manifest, and we, the armed citizenry, are legion. We descendants of the first Patriots should be able to repulse tyranny that once again threatens a free and sovereign people. Can we do so, if the need arises? If we have the will and wherewithal to resist tyranny, then we, Americans, will have all that is necessary to vanquish tyranny once again._____________________________________________*Menken’s book purports to be a guide for political leaders on how to bring the Country together to resolve the Nation’s differences. Yet, one year after publication of her book, it is clear from her NYTimes letter Times, that Menken has had a change of heart; surrendered to the truth that reconciliation is impossible. That should have been obvious to her. It wasn’t. How can there be a meeting of minds?There are two antithetical ideologies at play. One ideology is grounded on the principles, precepts, and tenets laid down in our Nation’s sacred documents. The other intends to set it all aside. One ideology was forged in the Nation’s struggle for independence from tyranny. The proponents of that ideology seek to preserve the Natural Law Rights and Liberties of the people. They intend to maintain and preserve the success of the American Revolution.The other ideology, grounded on the principles, tenets, and precepts of Collectivism, much in evidence today, seeks to upend the hard-fought battle for Independence from tyranny. For Collectivism is predicated on Tyranny. It is inextricably tied to it. In our website, we discussed all of this in several articles some time ago. See, e.g., our article posted four years ago, in 2018, titled: “The Modern American Civil War: A Clash of Ideologies.”At the very birth of the Nation, the enemies of a free State, went immediately to work to waylay and destroy it. These enemies, the Globalist Banking Cartel, commenced a quiet Counterrevolution to dismantle a free State and to usurp the authority of a sovereign people, bending them to their will.The descendants of the Nation’s enemies, the international financiers and their minions, alongside rabid Neo-Marxist radicals, residing inside and outside the United States, are dead-set on destroying this free Republic, as assuredly and as thoroughly as would occur by overt military conquest.Theirs is a Collectivist Counterrevolution. Utilizing modern tools of information and computer technology, psychological conditioning, organizational acumen, inexhaustible reserves of money, and control over Government and over the levers of commerce, media, and finance. They intend to destroy the political, social, economic, and juridical foundations of the Country, merging its remains into the nascent EU/UN super-state that is taking shape throughout the world._______________________________**The poem: “Ten little Indian boys went out to dine; One choked his little self and then there were Nine. Nine little Indian boys sat up very late; One overslept himself and then there were Eight. Eight little Indian boys travelling in Devon; One said he'd stay there and then there were Seven. Seven little Indian boys chopping up sticks; One chopped himself in halves and then there were Six. Six little Indian boys playing with a hive; A bumblebee stung one and then there were Five. Five little Indian boys going in for law; One got into Chancery and then there were Four. Four little Indian boys going out to sea; A red herring swallowed one and then there were Three. Three little Indian boys walking in the Zoo; A big bear hugged one and then there were Two. Two little Indian boys were out in the sun; One got all frizzled up and then there was one*. One little Indian boy left all alone; He went out and hanged himself and then there were none. (*In some versions Two Little Indian boys playing with a gun; One shot the other and then there was one.) ~From IMDB, referencing the afore-recited poem, Ten Little Indians, from the 1965 mystery film thriller by the same name.”___________________________________Copyright © 2022 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved
TYRANNY, FUNDAMENTAL RIGHTS, AND THE ARMED CITIZEN
ARMED SELF-DEFENSE AS A BASIC HUMAN RIGHT
PART ONE
Is armed self-defense a basic human right? That is the crux of an ongoing debate for many people in the United States. It shouldn’t be but it is.The Second Amendment to the United States Constitution makes clear that armed self-defense is a fundamental human right. If anyone harbors doubt about that, the United States Supreme Court settled the question in 2008, in the seminal Second Amendment case, Heller vs. District of Columbia.The late eminent Associate Justice, Antonin Scalia, writing for the majority, opined “the inherent right of self-defense has been central to the Second Amendment right.”This means armed self-defense is not to be perceived as a thing apart from the broader notion of self-defense, but, rather, is subsumed in it. The sole issue in Heller was “whether a District of Columbia prohibition on the possession of usable handguns in the home violates the Second Amendment to the Constitution.”In ruling that an outright ban on the use of a handgun for self-defense in one’s home does violate the core of the Second Amendment right, the majority also held that the right of the people to keep and bear arms is an individual right unconnected with one’s service in a militia. This ruling is consistent with and is implied in the Court’s ruling on the salient issue.Moreover, the High Court made patently clear that Government didn’t create the right of armed self-defense but simply codified it, for the right of armed self-defense exists intrinsically in one’s being.The Court said,“Putting all of these textual elements together, we find that they guarantee the individual right to possess and carry weapons in case of confrontation. This meaning is strongly confirmed by the historical background of the Second Amendment. We look to this because it has always been widely understood that the Second Amendment like the First and Fourth Amendments codified a pre-existing right. The very text of the Second Amendment implicitly recognizes the pre-existence of the right and declares only that it ‘shall not be infringed.’”The recent Kyle Rittenhouse case is a textbook study of the utility of a firearm in effective defense of self against aggressive predatory attack.But this idea doesn’t sit well with Anti-Second Amendment proponents:“Gun rights are not human rights.”So says “democracy and human rights advocate,” Rukmani Bhatia who had served in the Obama Administration.Her assertion is posited not as a thesis to be proved but as an assumption to be accepted as self-evident, true, notwithstanding the plain meaning of the Second Amendment and the High Court’s rulings in Heller.No matter——Bhatia makes the assertion in a “Report” published by the George Soros funding Marxist think tank, “Center for American Progress,” on August 12, 2020.The Report is titled, “Untangling the Gun Lobby’s Web of Self-Defense and Human Rights,” and is subtitled, “Peddling False Rights, Profiting Off Fear.” Bhatia writes, in pertinent part,“Today, alongside this rights-based narrative, a parallel narrative exists that is perpetuated by the U.S. gun industry as part of a multifaceted effort to increase gun sales. This so-called gun-rights narrative manipulates the ideals of human rights to establish not only an inalienable right to life but also an unfettered right to armed self-defense to protect oneself from any perceived threat of harm. This narrative hinges on fear and the need to defend oneself and loved ones from unknown but ever-present threats through whatever means necessary and without regard to the rights of others. It is grounded by the false claim that the most effective means of self-preservation involves using a firearm.”From her remarks, dubious and outlandish as they are, one detects a note of irritation and frustration, borne of a deep-seated ethical or aesthetic abhorrence of guns and of the citizen’s right to keep and bear them. But there is more to be gleaned from this account.The Marxist antagonism directed to armed self-defense, as reflected in Bhatia’s “Report,” hides a sinister agenda.It is an agenda at loggerheads with the sanctity and inviolability of personal selfhood and one inconsistent with the preservation of the United States as a free Constitutional Republic.Grounded on the tenets and precepts of Collectivism (See e.g., Arbalest Quarrel article on the differences between Collectivism and Individualism), the Marxist intends to thrust their vision of reality on the entire Nation. Most Americans find that vision disagreeable if not thoroughly reprehensible and repugnant.The Marxist isn't unaware of this and resorts to artifice and chicanery to seduce the polity. The Marxist relies on the legacy Press and social media to assist in making it palatable to the public policy goals designed to transform a free Republic into a Marxist Dictatorship.Marxists mask their disdain for the dignity of man by disingenuously claiming to venerate it.At the outset of her Center for American Progress Report, Bhatia cites Article 1 of “The Universal Declaration of Human Rights” (“UDHR”) a document crafted by the United Nations, where, citing Article 1 of the UDHR and then expanding on the sentiments of it, Bhatia writes,“Every human life has inherent value and dignity, and every person has the right to life, liberty, and personal security. These truths are codified in the 1948 Universal Declaration of Human Rights (UDHR). The UDHR was historic, with nations coming together to explicitly recognize the need to protect and preserve these fundamental rights, structuring constitutions to explicitly defend their citizens’ human rights, and particularly their rights to life, freedom, and security. The protection of human rights continues to be a defining pillar to secure a stable, peaceful liberal world order. But in the United States, some groups—such as the gun lobby—are seizing upon this rights-based narrative to justify, dangerously, the right to bear, carry, and use firearms.”The United Nations says this about the development of the UDHR:“Drafted by representatives with different legal and cultural backgrounds from all regions of the world, the Declaration was proclaimed by the United Nations General Assembly in Paris on 10 December 1948 (General Assembly resolution 217 A) as a common standard of achievements for all peoples and all nations. It sets out, fundamental human rights to be universally protected and. . . is widely recognized as having inspired, and paved the way for, the adoption of more than seventy human rights treaties, applied today on a permanent basis at global and regional levels. . . .” Extolling the sentiments of the UDHR, as Rukmani Bhatia does in her Center for Progress Report, is all well and good. But how is one expected to effectively confront an aggressive, vicious attack that emanates from the predatory beast, predatory man, or the tyrannical, predatory Government if not through armed self-defense? The Marxist, Bhatia, doesn’t say, which begs the very question at issue in her Report. Is Bhatia not aware of this? Perhaps, she is aware of this but consciously chooses to slither around it, hoping no one perceives the gaping hole that she has left open in her Report.In an attempt to avoid dealing with the question, head-on, Marxists, like Bhatia, simply take the easy way out. They deny the essence of the problem, claiming, as Bhatia does, and as she argues, that the threat of harm isn’t real, was never real, but is and always was grounded in an unwarranted fear of harm.But the threat is real, and the fear isn’t unwarranted, and Americans are witnessing all of it. And it is painfully evident through the inaction and empty posturing of effete and impotent Federal and State Governments to the harm generated.Either the Marxist-controlled Federal Government and similar Marxist-controlled State and local Governments are simply inept and incompetent and, so, wholly unable to deal with the harm, or they welcome, even encourage, the attendant harms to the citizen and society alike. Likely it is a combination of both.The framers of the United States Constitution had the answer to the threat of harm caused by predatory beast, predatory man, or predatory Government, an unwelcome one for these Marxists, to be sure, as they aim to break apart American society and culture so that they can rebuild society in accordance with the strictures of Marxism.The answer rests in the Nation’s Bill of Rights (BOR), specifically in the citizen's exercise of his Second Amendment right to keep and bear arms. This, more than anything else, is the answer to the bedlam and mayhem wrought by those that seek the Country’s undoing. Small wonder, then, that these Marxists desire to destroy the Right._______________________________________________
THE UNITED NATIONS IGNORES ARMED SELF-DEFENSE AS A BASIC HUMAN RIGHT; THE UNITED STATES EMBRACES IT
PART TWO
On December 10, 1948, the United Nations crafted a document, titled “The Universal Declaration of Human Rights (UDHR). The document is a litany of 30 Rights (“Articles”) that ostensibly proclaims the dignity of the human being and his right to life, liberty, and security.The Preamble of the United Nations’ UDHR sets forth: “Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,Whereas it is essential to promote the development of friendly relations between nations,Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,Now, therefore,The General Assembly,Proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.” These are all noble sentiments, as articulated, of course. But there is a major problem the UDHR fails to address: How is a human being supposed to secure these lofty ideals for him or herself? The drafters of the United Nations’ UDHR fail to say.In the litany of over two dozen fundamental rights set forth in the UDHR’s “Articles,” there is no mention whatsoever of a right of armed self-defense. In fact, there is no mention in the UDHR of a right of self-defense, armed or otherwise.By failing to acknowledge self-defense, and its corollary armed self-defense, as basic human rights, the United Nations’ UDHR undercuts “the inherent dignity and . . . equal and inalienable rights of all members of the human family” that it claims pompously to venerate.The UDHR is intentionally deceptive; a ploy of international Marxism and Neoliberal Globalism. It is designed to seduce nations into forsaking their independence and sovereignty, reducing both nation and population to misery and servitude, all the while claiming to promote the “equal and inalienable rights of all members of the human family.” But note: even in this seemingly clear, unambiguous exposition, there is a sinister uncurrent. The UDHR speaks of purported inalienable rights to be enjoyed by the human family in a group capacity, that is to say, as a collective. There is no suggestion, no intimation these rights are to be enjoyed by human beings in an individual capacity.
WHERE ARMED SELF-DEFENSE IS ABSENT, TYRANNY OF GOVERNMENT IS UNAVOIDABLE
The United Nations’ Universal Declaration of Human Rights (“UDHR”) mentions, in its Preamble, that “it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law.”The American public hears much about the importance of “the Rule of Law” from Marxists and Neoliberal Globalists. The EU also makes much use of this phrase, as does the UN in reference to human rights as noted supra.Supposedly Government’s application of “the Rule of Law” operates as a hedge against encroaching tyranny. But does it? Vainglorious are those who make constant reference to it—U.S. politicians in particular. But, what does ‘rule of law’ really mean? The appeal to it is subterfuge, dissembly.In the absence of a useful definition, the expression, ‘Rule of Law’ is vacuous. And, that is just the way politicians want to keep it. Don’t ask them to define the expression. They have no idea what it means and would be thunderstruck if anyone were to ask them to provide a definition. A declaration of human rights that avails itself of the words “Rule of Law” as the primary or sole check against the tyranny of Government is devoid of substance.The UN’s UDHR is deceptive. The claim of sanctifying human rights is belied by the emptiness of the gesture. How are human rights to be actualized or, if need be, how are they to be vindicated? In the “Rule of Law?” Really? How is one to understand this “Rule of Law?” And, from whom is one to receive “Rule of Law” relief from tyranny? From that very Government that imposes tyranny on the populace?Yet, the United Nation’s UDHR relies on the ‘Rule of Law’ as the check on tyranny. That is all one obtains from the UDHR; that is all the UN delivers to “the human family” that it claims to care so deeply about.The United States’ BOR, unlike the UDHR, doesn't expect the citizen to place his reliance on arcane nomenclature to provide a check on the tyranny of Government. A check on the tyranny of Government rests in the physicality of the armed citizenry, not on empty pompous verbiage.The framers of the Constitution wouldn’t waste ink on ‘Rule of Law’ when preparing the Bill of Rights. The framers of the BOR did not expect the ‘Rule of Law’ to protect them from the tyranny of George III of England. They placed their faith in the force of arms, not in arcane, abstruse concepts to release them from tyranny. And they would place the future security of a free Republic in nothing less than dint of arms.The only functional check against the tyranny of Government is the physicality of “armed self-defense.” Armed self-defense is what worries, even terrifies, the Marxist and Neoliberal Globalist, and with good reason. For the aim of these internationalists is to create a top-down autocratic Government, that is to say, “Tyranny.” But Tyranny is not able to gain a foothold in a nation where the citizenry is armed.The Tyrant fears Tyrannicide at the hands of the armed Citizenry and, so, demands that the Citizenry surrender its arms to the Tyrant. The Citizenry fears Democide at the hands of the Tyrant's agents, and, so, refuses to surrender its arms to the Tyrant.The United States, as a free Republic, must never forsake the sacred right embodied in the Second Amendment. To do so would be tantamount to the destruction of the Republic and enslavement of the populace.The American people must never for one moment trust the Government or its propagandists who proclaim that for the public harmony, safety, and order it is in the best interests of the polity to surrender its firearms. The day the citizen does so will be the day the citizen should be prepared to sacrifice his autonomy, his dignity, his soul, and his life.___________________________________________
THE CITIZEN MUST BE EVER ON GUARD OF GOVERNMENT THAT PROMISES HARMONY, SAFETY, AND TRANQUILITY IF HE BUT SURRENDER ALL ARMS TO THE STATE
PART THREE
Unlike the United Nations that doesn’t mention a natural right of armed self-defense in its Universal Declaration of Human Rights (UDHR), our Nation embraces it.The States ratified the Nation’s Bill of Rights (BOR) on December 15, 1791.The BOR predates the UDHR by over one hundred and fifty years even as the UN heralds its own UDHR as “a milestone.” In codifying the right of armed self-defense in the BOR, the Framers of it at once proclaimed the sanctity of Personal Selfhood and provided a rationale for it: the need for the citizen to remain wary of the tyranny of Government.The Second Amendment provides both a stark warning to the Government and a categorical prohibition on Government apropos of it.The people need not and must not abide by the tyranny of Government, and Government is prohibited from tampering with this perfect fail-safe mechanism by which the American people may effectively resist the inception of tyranny.The language of the Second Amendment to thwart tyranny is self-executing. In fact, the clearest indication of the Government’s slide into tyranny is through the unlawful attempt to eradicate the American citizenry’s exercise of the right embodied in it.The only reason the Government would dare to take such action to eradicate the exercise of the right of armed self-defense would be to preclude the citizenry from exercising the means by which it is well capable of repelling the insinuation of tyranny on the citizenry.The danger of ever-present tyranny is manifest in the prefatory clause of the Second Amendment—pointing to “a well-regulated militia being necessary to the security of a free State.” And the subsequent independent clause of the Second Amendment provides the ultimate fail-safe mechanism of which the citizen shall avail himself if Government devolves into tyranny: “the right of the people to keep and bear arms shall not be infringed.”The framers of the Bill of Rights recognized that man cannot secure his life, safety, and well-being from the predatory beast, predatory man, or predatory government in the absence of an effective means to do so—as only a firearm provides.Superficially, the United Nations’ UDHR and the BOR may seem similar, as both documents point to and allude, in their language, to the higher aspirations and Rights of man.But, on the crucial matter of self-defense, the principal difference between the two is laid bare.The United Nations doesn’t presume or countenance individuals as having the wherewithal or even the right and responsibility to provide for the defense of Self.The United Nations only makes reference to ‘self-defense’ in its Charter, signed on June 26, 1945. And in its Charter, self-defense is referenced only in one of its Articles, and, then, only in relation to the rights of nations, not in respect to the populations of those nations.Article 51 of the UN Charter says,“Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.”Self-defense remains a prerogative and responsibility of the UN apropos of nations, whether in an individual or collective capacity. The UN does not recognize “Self-defense” as a right intrinsic to individual human beings, whether in an individual or in a collective capacity.Moreover, the rights promulgated in the UDHR, noble aspirations though they may appear to be, as articulated, are understood by their crafters, to be man-made constructs. Thus, they do not even operate in the UDHR as true fundamental rights. The suggestion is mere pretense. And that is another major failing with the UDHR. Fundamental Rights are Natural preexistent Rights—existing intrinsically in man. They aren’t creations of man.The “Articles” qua Rights, delineated in the UDHR, are considered mutable and limitable. They are not to be perceived as—and were never intended to be perceived as—independent of the dictates of the United Nations, but were, in their creation, considered subordinate to the UN's dictates.This is evident from a perusal of Clauses 2 and 3 of Article 29 of the UDHR:“In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.”“These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.”Article 29 demonstrates the vacuity of the entire enterprise.Unlike the Rights codified in the U.S. Constitution’s BOR, the Rights delineated in the UDHR remain subordinate to the crafters of it, who retain ultimate and exclusive authority over it: to keep it, modify it, or erase it, as they wish.Yet, a declaration of purported human rights that cannot stand on its own, independent of the sanctioning authority that created it, is an edifice built on sand.The Bill of Rights, unlike the UDHR, is the genuine article, not a vacuous simulacrum of noble aspirations.The Nation’s Bill of Rights is to be understood as a codification of natural law rights, not man-made conventions. That point is significant.The framers took as axiomatic that natural law rights are fundamental, unalienable, immutable, and illimitable. As such, they are not lawfully subject to modification, abrogation, or abandonment by the Government; nor can Government perfunctorily dismiss them.The implication of this is clear: ultimate power, authority, and sovereignty rest solely in the American people, not in the Federal Government.Any attempt by the Government to limit, abrogate, or deny to the American people the unalienable exercise of their fundamental Rights amounts to an unlawful intrusion on and unlawful usurpation of power belonging solely to the American people, and an unlawful encroachment on the sovereignty of the people over Government.An assault by the Government on the sovereignty of the American people over Government constitutes Tyranny of Government. Tyranny of Government is Treachery of Government. And, Treachery of Government is Treason by Government directed against its own people.Armed self-defense is the best hedge against the most serious danger to a free man: the predatory, tyrannical Government. In dicta, the Heller majority acknowledged this, citing for support, The Federalist 29: “when able-bodied men of a nation are trained in arms and organized, they are better able to resist tyranny.”Since the Marxist vision of Government and the citizen’s relationship to it requires subordination of the will of the citizen to Government, Marxists abhor the very notion of the “armed citizen.”Not by accident, then, is there any mention of “self-defense,”—armed or otherwise—in the UDHR. A laundry list of Rights (“Articles”) never so much as alludes to one’s unalienable right of armed self-defense or even of a general right of self-defense.But, if a man isn’t allowed the exercise of the fundamental right of armed self-defense—if in fact, the very notion of self-defense is not to be perceived of as a basic human right—wherein, then, shall a man look to secure the “inherent value and dignity” of his life that the UN crafters of the UDHR talk so floridly about? In Government? In the new “liberal world order” qua “new world order” that Neo-Marxists and Neoliberal Globalists proclaim to be a good thing? Please!The American people must resist subtle and overt coercion by these Neo-Marxists and Neoliberal Globalists who urge them to forsake their elemental right of armed self-defense. To do so will imperil both their own lives and well-being and that of a free Constitutional Republic.______________________________________Copyright © 2021 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
THE FEDERAL GOVERNMENT HAS GONE ROGUE
MULTI-SERIES ON THE ISSUE OF POSSIBLE TREASON AT THE HIGHEST LEVELS OF GOVERNMENT
PART SIX
SUBPART A
“All tyrannies rule through fraud and force, but once the fraud is exposed they must rely exclusively on force.” ~ attributed to George OrwellThe central theme of our multi-series set of articles on “treason,” and the principal focus of our series, is that treason, as defined in the U.S. Constitution, has been operating at the highest levels of the Federal Government since the inception of the Harris-Biden Administration, on January 20, 2021.Our discussion here is dedicated to laying out a case for the inference of treason in the legal sense of the word, and not in a mere colloquial, hyperbolic, or pejorative sense. This treason exists in and has infected the whole of the present Administration, and this infection extends to Congress.The Government under the Harris-Biden Administration is rogue and renegade.Our central thesis is that the extent of and expansiveness of infection is so pervasive, so dominant, so permeates the Administration that an inference of treason by Government against the Nation, Constitution, and People must be drawn.Corruption of Government extends to the Pelosi-Schumer-controlled Legislative Branch of Government, working in lockstep with the Executive Branch.Beyond the present policy decisions indicative of treasonous intent on the part of Joe Biden and other known and unknown individuals who control and manipulate him, the Administration intends to corrupt or control or neutralize the Third Branch of Government, the Judiciary.The Three Branches of Government have, since the creation of the Federal Government, through ratification of the Constitution, operated as discrete independent bodies—Legislative, Executive, Judicial.Each Branch is expected to perform its tasks within the confines of the limited powers and authority ascribed to it by the dictates of the U.S. Constitution, always operating in and remaining within its own orbit, its own sphere of influence and activity, as each was meant to.This Governmental construct was meant not to be a stopgap measure for the Federal Government, but a permanent fixture in it.The doctrines of “Separation of Powers” and “Co-Equal Branches,” that underlie the Federal Government construct for this Nation, were designed to discourage and forestall, if not prevent, the inception of tyranny in the Federal Government.Having successfully defeated the tyranny of one regime through armed revolt, the framers had no wish to plant the seeds of tyranny for another through the Government they would create that would, ironically, come from their own hand. So, they gave scrupulous attention to the creation of a Government that would have the best chance of avoiding the tyranny that besets a monarchy—even a Constitutional Monarchy—that England ostensibly had. They sought to create a Government for a new Nation that would best secure for themselves, and for their fellow Americans, and for generations that followed, one conceived in liberty.The Founders determined that a Republican form of Government would best serve the interests of the American people and would be least likely to turn against the people. They constructed a Federal Government that rejected a monopoly of powers in Government.The first three Articles of the Constitution attest to the Framers’ intention to preclude the consolidation of legislative, executive, and judicial power in one body. And they hoped that clear division of authority and power would also prevent the accumulation of power in two or all three Branches of the Government.That structure is now crumbling. Two Branches of Government—one controlled by the Harris-Biden Administration and the other controlled by the Pelosi-Schumer Congress—are overlapping, embracing each other; converging and merging into each other; operating in unison as a single entity.The intention of both the present Administration and the present Neo-Marxist-led and controlled Congress is to bring the Third Branch of Government, the Judiciary, the U.S. Supreme Court, into their fold.And their actions to date demonstrate this maneuvering to consolidate power into one super organ of Government.If this process continues, there is nothing to stop the Government from collapsing in upon itself, centralizing power of the Legislative, Executive, and Judicial Branches in one Branch even if the trappings of separate, co-equal Branches should continue. It would all be an illusion.The aim of the present Administration and the Democrat Party-controlled Congress in orchestrating consolidation of power is, as is self-evident, to streamline and to steamroller execution of Neo-Marxist and Neoliberal Globalist policies. Thus, the Government avoids debate among the few dissenting voices in Government that would be able to stop the operations of a rogue Government and avoid accountability to the polity that would justifiably object to and reject those policies.Further consolidation of all the power functions of Government, if left unchecked, would degenerate into Authoritarianism and eventually to outright Totalitarianism. The Federal Government would have long ceased to operate and function in accordance with Republicanism.At that point even the vestige of a Federal Government ruled by law and not by men would be dropped, as there would no longer be any need for it.The citizenry would live under perpetual surveillance: thoughts and behavior strictly controlled; dissent denied; the armed citizenry, disarmed.The Executive and Legislative Branches of Government are being drained of vitality as they lose their respective independence of function.The Federal Government is coalescing into autocratic rule.But whatever the form of autocracy—Authoritarianism, Totalitarianism, Fascism—it all denotes TYRANNY. This Country is treading close to that. And we may already be there.The legacy Press fails to acknowledge this even as the public recognizes it; is forced to come to grips with it; accept the disturbing, frightening reality of it.Tyranny is rapidly coming to fruition because—The Harris-Biden Administration and the Pelosi-Schumer-Controlled Congress do not perceive the Constitution as an essential framework within which they are to exercise their respective powers in a lawful manner. Rather, this Government perceives the Constitution merely as an obstacle, an obstacle to be overridden by Congressional statute and/or by Executive fiat, or simply ignored.
THE ADMINISTRATION AND CONGRESS ARE OPERATING OUTSIDE THE BOUNDS OF THE U.S. CONSTITUTION
The Executive Branch, the Office of the President of the United States, is operating in contradistinction to its Constitutional directive in defiance to the “TAKE CARE” CLAUSE of the Constitution.Article 2, Section 2 of the Constitution says, in pertinent part, that the U.S. President “shall take Care that the Laws be faithfully executed.”This isn’t a suggestion or wish. This is an obligation and one that the present Administration has not only flaunted but has dismissed out-of-hand.And the Legislative Branch, Congress, is failing to heed its salient obligation to Nation, Constitution, and People, in contradistinction to the “NECESSARY AND PROPER” CLAUSE of the Constitution.As set forth in Article 1, Section 8, Clause 18 of the Constitution, it is the function of Congress,“To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” The Neo-Marxist Pelosi-Schumer-controlled Congress extracts from the “NECESSARY AND PROPER” CLAUSE what it wants.But, this clause DOES NOT grant to Congress unlimited power to alter the Constitution as it wishes, outside the strict bounds set by the Constitution.“The Necessary and Proper Clause does not vest Congress with any power to alter constitutional structure by statute. Congress may only use that Clause to assist itself and the other branches by providing the means for carrying into execution a power already possessed by a branch of the federal government.” “The President’s Power to Execute the Laws, 104 Yale, L.J., 541, by Steven G. Calabresi, Associate Professor, Northwestern University School of Law; J.D. Yale University; and Saikrishna B. Prakash, J.D., Yale University.The only way Congress can change the Constitution, lawfully, is through the Amendment process. That process is set forth in Article 5 of the Constitution. It is a difficult, complex, time-consuming task; deliberately so.This is as the Founders made it, lest unscrupulous, ruthless individuals in Government attempt to utilize the Constitution to corrupt it, transforming the Government operating under Republicanism into Authoritarianism or Totalitarianism.But, even if the Pelosi-Schumer Congress or some other unscrupulous Congress could convince enough States to cede power to it, through the Article 5 Amendment process, this would amount to the shredding of the doctrine of Federalism.The amendment process would drastically alter the framework of Government grounded on REPUBLICANISM. But that is the goal: to dismantle a free Constitutional Republic, unimpeded. It would be an impossible task, as well it should.A massive reconfiguration of the Federal Government even if attempted lawfully, through the application of the Article 5 amendment process, would require:
- REPEAL OF THE BILL OF RIGHTS OF THE CONSTITUTION
- REVISION OF ARTICLE 4 OF THE CONSTITUTION
Let us look at this more closely.
REPEAL OF THE BILL OF RIGHTS
Congress cannot modify or abrogate the Bill of Rights through Article 5 of the Constitution, even theoretically. The reason is this: The Bill of Rights is a codification of Natural Law Rights. These Rights precede the creation of Government.Natural law Rights exist intrinsically in man, bestowed by the grace of the Divine Creator. They aren’t bestowed on man by the grace of Government.The Article 5 amendment process would also require repealing Article 4 of the Constitution.
REVISION OF ARTICLE 4 OF THE CONSTITUTION
Article 4, Section 4 of the U.S. Constitution sets forth in critical part that, “The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion.”
THE “GUARANTEE” CLAUSE
The first clause, the “GUARANTEE” CLAUSE, isn’t a suggestion or wish, or whim. It is a mandate, guaranteeing REPUBLICANISM.Even if it were theoretically possible to erase Republicanism through the Article 5 amendment process, most States would never agree to this.But, AUTHORITARIANISM in the Federal Government cannot logically coexist with REPUBLICANISM in the States. These two forms of Government are logically, not simply empirically, incompatible.The Government would either have to reject AUTHORITARIANISM or convince the States to agree to AUTHORITARIANISM as the new mode of Government in the Nation.
THE “PROTECTION AGAINST INVASION” CLAUSE
The Federal Government isn’t protecting the States from invasion. That is a fact. The Harris-Biden Administration is actively inviting the invasion of the Nation through its “OPEN BORDERS” policy.The States, as sovereign entities themselves, have every right, and duty, to take those steps necessary to protect themselves from invading hordes if the Federal Government cannot or, as is evident, will not protect the States from invasion.Texas and Florida are therefore compelled to act to protect themselves from invasion and have done so since the Harris-Biden Administration has refused to do so.The Administration even tries to prevent the States from protecting their own borders.These facts suggest the Administration isn’t merely enabling invasion of the Country, it is involved in orchestrating it. This is unconscionable.The States—all fifty of them—have every right to protect their borders from invasion. They are sovereign entities. The sovereignty of the States is manifested through the Tenth Amendment of the Bill of Rights of the Constitution. The Tenth Amendment sets forth,“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”The Tenth Amendment is a statement of FEDERALISM. This means that sovereignty is shared between the Federal Government and the States.The Administration’s actions are inconsistent with the sovereignty of the States, protected under the Tenth Amendment of the Constitution and with the DOCTRINE OF FEDERALISM, underlying the Tenth Amendment.The Administration’s actions are also inconsistent with the DOCTRINE OF REPUBLICANISM, mandated by Article 4 of the Constitution, and inconsistent, as well, with its obligations to the States under Article 4.The States would never agree to revisions of the Constitution that would operate as waivers of Federal Government obligations under Article 4 of the Constitution and of States’ sovereignty under the Tenth Amendment to the Constitution.The Administration’s unwillingness to protect the States from invasion and, at once, attempting to foreclose States from protecting themselves, is not only unconscionable, it is patently illegal, amounting to treachery and betrayal of the Nation, Constitution, and People.
THE FEDERAL GOVERNMENT ESCHEWS ANY DISCUSSION OF ARTICLE FIVE OF THE U.S. CONSTITUTION IN A MONSTROUS PLOT TO RESHAPE EVERY INSTITUTION OF THE NATION
The Pelosi-Schumer Congress and the Harris-Biden Administration realize the Herculean task if not outright impossible task of utilizing Article 5 of the Constitution to transform the Nation into a functioning Neo-Marxist Dictatorship. The difficulty of doing so is no accident. It is by design. It is as the Framers of the Constitution intended.“Amending the Constitution should of course be undertaken with the gravest of care. After all, there is a reason why constitutional designers impose special rules for amending a constitution. If it were just as easy to amend a constitution as it is to amend an ordinary law, there would be nothing special, more authoritative, or more meaningful about it than a statute. It may admittedly be unwise to fiddle with the constitutional text because frequent constitutional changes breed uncertainty, which itself undermines the stability that government requires to function properly. Stability was in fact a chief objective in the minds of the Framers as they set out to establish the parameters for amending the constitution. Other objectives which Article V serves are popular legitimacy and federalism, the former oriented toward ensuring that any amendment may be said to flow from the durable will of the people, and the latter permeating the entire constitutional text and indeed its very genesis. The high procedural hurdles of Article V that citizens and legislators must clear in order to perfect a constitutional amendment also entail considerable investments of time and cost, which together serve an important purpose of diluting the passions that may otherwise suffuse the daily business of popular politics.” “The Constitutional Politics Of Presidential Succession, 39 Hofstra L. Rev. 497, Spring 2011, by Richard Albert, Assistant Professor, Boston College Law School; Yale University (J.D., B.A.); Oxford University (B.C.L.); Harvard University (LL.M.). The frustration of the Neo-Marxist Internationalists and Neoliberal Globalists is palpable.They reject Republicanism for Authoritarianism or Totalitarianism, either of which requires the dismantling of a free Constitutional Republic. The tacit goal is to INSTITUTIONALIZE TYRANNY of Government.This monumental task cannot be undertaken through the lawful operation of Article 5 of the Constitution. That would be much too time-consuming and, in part, logically, as well as legally, impossible. So the Government attempts to reconfigure the political, social, economic, and legal fabric of the Nation, avoiding Constitutional stricture, through the operation of statute and executive fiat; openly denying and defying the Constitution.Is this radical, illegal alteration of the structure of a free Constitutional Republic truly coming from the faces of Government that the American people see? Or is this transformation coming from unseen forces behind the scenes?If an unseen hand is making executive-level policy decisions, then this points to treachery and betrayal of the Nation, Constitution and people, for the Chief Executive cannot Constitutionally delegate executive-level policy decision-making authority to unnamed, unelected individuals.Article 2 of the Constitution places EXECUTIVE DECISION-MAKING AUTHORITY in one person, and one person, only: The President of the United States.The President is the only person who has executive-level decision-making authority. THIS IS NOT DELEGABLE.It is a violation of the Constitution if Biden did attempt to delegate this authority to others or consciously or unconsciously acquiesced to it.If Biden is not making executive-level decisions or even involved in the policy-making process, he is not serving as U.S. President. That means he is merely a figurehead, a placeholder.If true, this means the Nation is devoid of a sitting President of the United States.
THE SALIENT PROPOSITIONS THAT COMPRISE MATTERS TO BE DISCUSSED IN OUR ESSAY ON TREASON INCLUDE THE FOLLOWING:
- The present Government’s actions amount to treachery and betrayal of the Nation, the Constitution, and the People in failing to perform and in actively disregarding its core functions and duties to preserve, protect, and defend the Nation, the States, and the People.
- The present Government has not only failed to perform its duties and to comply with its obligations under the Constitution of the United States but has unlawfully usurped power and authority that resides solely in the States and in the People as codified in the Tenth Amendment to the U.S. Constitution.
- The present Government’s usurpation of power and authority residing in the States and the People reflect a conscious effort of the Government to undermine the security and well-being of the Nation, the States, and the People.
- The present Government’s policies and actions are directed to harming the States and the people and to the eradication of, not the preservation of a free Constitutional Republic.
- The present Government’s actions are directed to transforming a free Constitutional Republic into an autocratic regime, inconsistent with the Constitutional Requirement and mandate of Republicanism.
- The insinuation of Autocracy in the present Government is incompatible with and constitutes a direct assault on the continued existence of a free Constitutional Republic.
- Treachery against the States and the people constitutes a betrayal of the U.S. Constitution, the Nation, and the People.
- The Treachery of the Federal Government is equivalent to the Tyranny of the Federal Government.
- The Tyranny of Government directed against the States and the people has its expression through the subversion of the Constitution and of the law; contempt for and defiance of the Rule of Law; disrespect for and denial of the sovereignty of the States and of the ultimate sovereignty of the American people over Government; suppression of the Peoples’ right to exercise their Natural Law Rights and Liberties, codified in the Bill of Rights; and repression, oppression, subjugation, persecution of, and unlawful prosecution of the people in defiance of due process and equal protection under the law.
- The present Government’s actions evidence a deliberate intention and desire to impose Tyranny on the States and on the American people.
- Imposition of Tyranny of Government extends to the institutionalization of Tyranny in the Government and throughout the Nation.
- Tyranny of Government constitutes a Treason of Government directed to and against the States and the People.
- Treachery of Government is equivalent to Tyranny of Government.
- The Treason Clause, Article 3, Section 3, Clause 1 of the United States Constitution, extends to Treachery of Government directed against the States and the People.
- Application of the Treason Clause of the Constitution was intended not only as of an assertion of treachery directed against the United States and against the United States Government but as the assertion of the treachery of the United States Government directed against the States and/or the People.
- The Right of the People to Keep and Bear Arms was designed to be the ultimate protector of the States, the People, and the United States, not only against their enemies, both foreign and domestic but as a defense against the tyranny of the United States Government and its standing army as might be directed against them—namely, the States and the People.
______________________________________Copyright © 2021 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
IF TYRANNY IS TREASON, ONLY A WELL-ARMED CITIZENRY CAN EFFECTIVELY RESIST IT AND HAS THE DUTY TO DO SO
MULTI-SERIES ON THE ISSUE OF POSSIBLE TREASON AT THE HIGHEST LEVELS OF GOVERNMENT
PART FOUR
TYRANNY OF GOVERNMENT IS TREACHERY TO A NATION'S PEOPLE
Quotations to ponder apropos of “tyranny of Government as actionable treason against the American people”“If there is a clear distinction between a Republican and a Democrat during these trying times, it has to be boiled down to this single truth: Republicans trust our neighbors with their God-given rights and ask to be left alone; Democrats extend privileges to their neighbors and become little Robespierres to see whether or not those privileges should continue to be extended. That’s it.” ~Shaun Kenney, a contemporary web blogger, of the website, The Republican Standard, reflecting on the thoughts of C. S. Lewis on tyranny. “All tyrannies rule through fraud and force, but once the fraud is exposed they must rely exclusively on force.” ~from an essay by George Orwell, novelist, journalist, essayist, who is best known for his satirical allegory on totalitarianism, “Animal Farm,” published in 1945; and for his dystopian novel, “1984,” published in 1949.“The greatest tyrannies are always perpetuated in the name of the noblest causes.” ~Thomas Paine, American Patriot, Philosopher, and Political Theorist“I think myself that we have more machinery of government than is necessary, too many parasites living on the labor of the industrious. Government big enough to supply everything you need is big enough to take everything you have. . . . The course of history shows that as a government grows, liberty decreases. The two enemies of the people are criminals and government, so let us tie the second down with the chains of the constitution so the second will not become the legalized version of the first.” ~Thomas Jefferson; Founding Father of our Nation, Third President of the United States, Statesman, Philosopher, and Lawyer; quotation taken from a letter from Jefferson to William Ludlow, September 6, 1824. “Where the people fear the government you have tyranny. Where the government fears the people you have liberty.” ~quotation attributed to John Basil Barnhill, anti-socialist writer, editor, politician, and debater of the late 19th Century and Early 20th century.“Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience. . . .” ~C.S. Lewis, novelist, essayist, and lay theologian; from his essay, “God In The Dock: Essays on Theology and Ethics” (1948)Tyranny is here, in America. It is here now, today. That this is so, is indisputable, irrefutable fact; unsettling and distressing as this fact may be to contemplate.The Neo-Marxist Internationalists and Mega-Billionaire Neoliberal Globalists of present-day America would vigorously deny this, of course, when confronted with the inescapable ample evidence for it.The actions of a Neo-Marxist/Neoliberal Globalist led and controlled Congress and Executive Branch of the Federal Government glaringly demonstrate the truth of this. They are responsible for it, and what is more, they know it to be so; they welcome it; they have planned for it; they intend to see it come to fruition—tyranny imposed on the people by a rogue Government.But they assiduously try to hide the truth of their crimes and sins from the people, lest the people rebel. The people cannot be allowed even to whisper the truth while these Neo-Marxists and Neoliberal Globalists go about conjuring up a drastic transformation of our Country.The Neo-Marxists and Neoliberal Globalists are methodically, inexorably dismantling a proud, sovereign, independent Nation, a sovereign people, and a free Constitutional Republic; rendering it an afflicted, wretched, borderless, amorphous territory—eventually to be merged into a globalist totalitarian new world order. This massive, horrific transformation of a free Constitutional Republic is taking place quickly. Already, in the space of eight months, after the puppet-masters evicted Donald Trump from Office through the unethical and criminal manipulation of the electoral process, the Nation is unrecognizable. Although powerful, secretive Destructive elements had been machinating to dismantle the Republic at its inception, upon Ratification of the United States Constitution in 1788, the process of dismantling the Republic had heretofore proceeded relatively silently, furtively plodding forward at a snail's pace. It was only at the dawn of the 21st Century upon the inauguration of the “Skull and Bones” President, George Bush, that the process of dismantling the Republic pushed forward openly, fervently, rapidly, in earnest. The Bush Administration with the assistance of Alan Greenspan, Chair of the Federal Reserve, along with a host of neoconservative henchmen, embroiled the Nation in an expensive escapade in the Middle East, from which we have never really extricated ourselves, and which resulted in the loss of thousands of American lives, trillions of taxpayer dollars, and the collapse of the American economy in 2008. The Grand Apologist, Barack Obama, compounded the Nation's economic and geopolitical plight. As another puppet of the shadowy Destructors of our Nation, Obama attempted, through secretive, negotiations with other nations and multinational businesses, to bind the Nation to two massive transnational trade deals: the Trans-Pacific Partnership (TPP), and the Transatlantic Trade Investment Partnership (T-TIP). Had those international trade agreements materialized, they would, in their operation, have severely weakened the Nation's Constitutional underpinnings. It was expected that Hillary Clinton would have continued the Obama policies had she succeeded him. And, many there were, both here and abroad, that presumed Hillary Clinton was a shoo-in to succeed Obama. They were wrong. Clinton lost. Donald Trump became President and threw a wrench into the grand scheme of the Marxists and Neoliberal Globalists to dismantle the Republic. The shadowy puppet-masters who oversaw all of this were enraged. They made sure Trump wouldn't serve a second term in Office. Once their physically frail, emotionally weak, and cognitively challenged puppet was firmly ensconced in Office, they wasted no time completing the process of destroying the Country from within—not only economically, but politically, societally, juridically, and culturally. Already, we see inklings of the resumption of TTP and T-TIP.The seditious Press and social media are collaborating in all of this. They are baldly, blithely censoring speech and endlessly, relentlessly pumping out gibberish on behalf of the puppet-masters. They have obtained the cooperation and acquiescence of many Americans; some capitulating, resigned; reconciled to their fate; others avidly embracing it.Americans’ brains have turned to mush. Many of them ardently support the takeover of the Nation, ravenously gobbling up all the nonsense generated by the Press and social media that an omnipotent Government, doling out occasional dollops of “freedom” and a few trinkets to those Americans who obey their dictates is a good thing; a right and proper thing; and they think: “woe to those Americans who do not heed the dictates of the Government taskmasters.”Americans who have bought into the nonsense, daily and malevolently spun by the propagandists, don’t realize or, more likely—especially the “Baby Boomer” Generation—did know, as well the public schools at the time had taught them, but now have long since forgotten, that our Nation was conceived in liberty.The ruination of a free Constitutional Republic is at hand and with it, the suppression of our sacred freedoms.The Neo-Marxists have taken over the education of our youth. They have rewritten the civics and history curricula of our public schools. They have recast the entirety of a Nation’s glorious history and Constitution to create a false narrative, one completely at odds with the truth, and one alien to and antithetical to the nobility of man, as they usher in a new era. It is one devoid of the notion of the sanctity, invincibility, and inviolability of the rights and liberties of man; of the autonomy and sanctity of the individual over the Collectivist State.But freedom is not a privilege to be dispensed occasionally to some and denied more frequently to others—at the whim of and by the grace of Government.‘Freedom,’ ultimately, is an incommensurable, irreducible, ineffable, elemental concept, actualized as an illimitable, immutable, unalienable right of the people. It is intrinsic to the people, bestowed upon them and into their very being by a loving God. Yet, Government usurpers pretend that freedom is an artificial construct. These usurpers see, in “Freedom” something akin to candy; a reward to be given to those who willingly bow to their will.To these usurpers, “freedom” is nothing more than a commodity, a thing created by or manufactured by the Government and therefore a thing within the lawful power of Government to mete out or to revoke, as Government alone, at its whim, decides.THE FEDERAL GOVERNMENT'S ABSOLUTE CONTROL OVER THE FREE EXERCISE OF FUNDAMENTAL RIGHTS AND ITS DISDAIN FOR THE NATION'S CONSTITUTION AND LAWS IS THE SINE QUA NON OF TYRANNY. Not without reason, the founders were much concerned with tyranny. And, a deep and disquieting concern over the unintentional resurrection of tyranny in a fledgling independent sovereign Nation informed the founders’ thinking as they fretted mightily over the shape a new Government, one conceived in liberty, should take.For, they knew it would be the greatest of ironies indeed, if, at the end of the day, a Federal Government they created for a new Nation—one conceived in liberty—would fall victim to the very thing they had with no little effort defeated. They determined that a true Republican form of Government would best stave off a rebirth of tyranny.But even a Republican form of Government, with powers carefully delineated and demarcated among three co-equal Branches, would of itself be insufficient to defeat tyranny. For ambitious powerful men would undoubtedly attempt to usurp powers the Constitution forbade. Thus would spawn a new tyranny—the very thing the founders had defeated and had no stomach to see arise anew.The founders realized the most effective weapon to check the natural inclination of those wielding power to acquire ever more power beyond the limits imposed on them by the Constitution would require an omnipresent armed citizenry. And as they perceived as self-evident true that the right of the people to keep and bear arms preexists in man—they etched that Divine Right in stone. The usurpers of the sovereignty of the American people don't care about any of that. Their sacrilege against the one true Deity knows no bounds.An explicit Bill of God-Given Rights incorporated into the Constitution would make clear to those who serve in Government that what the Divine Creator gave to man, no artificial Government construct can lawfully take from man. For any attempt to do so would be an assault not only on the dignity and autonomy of man but a mortal sin against the will of the Divine Creator, not that the usurpers wouldn’t attempt, or, for that matter, haven’t already attempted to do so.THEY WILL GO AFTER AMERICANS’ FIREARMS AS THEY MUST BECAUSE AN ARMED CITIZENRY CONSTITUTES AN IMMEDIATE AND DIRE THREAT TO THE EXECUTION AND COMPLETION OF THEIR GOAL: THE IMPOSITION OF TYRANNY.The usurpers know that wresting firearms from Americans would be a far more difficult proposition than constraining the right of free speech and association, which they have been doing with relative ease, and abrogating the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, which they have already accomplished.Actions of the Biden-Harris Administration and of the Pelosi-Schumer Congress are a conscious, unmitigated assault on the Constitution, on the Nation, and on its people. Together these actions constitute the imposition of tyranny on the American people.
BUT——DO THESE DELIBERATE ACTS, SINGLY OR COLLECTIVELY RISE TO THE LEVEL OF TREASON AS THE WORD ‘TREASON’ IS DEFINED IN THE U.S. CONSTITUTION AND IN FEDERAL STATUTE?
Does the import of the Treason clause the founders wrote into the Constitution extend to the imposition of tyranny on the people? If so, then tyranny amounts to levying war against the people. This means that the levying of war against the people is no less an act of betrayal, i.e. no less an act of treachery against the people, and, therefore, no less treason committed by the Government upon its own people, than is an unlawful levying of war by the people against Government.But this idea that those individuals serving in Government can, through their actions, commit treason against a people is a novel concept. For the treason laws of all other Nations do not admit of a Government action that can constitute a betrayal of the people. But, then, no other nation on Earth has adopted a Bill of Rights that at once establishes fundamental rights that exist intrinsically in the people; a Bill of Rights that serves as both a categorical declaration and an urgent reminder to those that serve in the Government that Government exists solely to serve the people. This means that the People are the Master, and Government is the Servant. It also means that the People are the sole Sovereign of and over the Nation and thence manifestly Sovereign over the Government and Government is manifestly subservient to the people.Taking these propositions as axiomatic, i.e., self-evident, true, this means that, as a matter of both law and logic, Government itself, through its actions that harm the people——harms that rise to the level of betrayal of a sacred trust binding Government to service to the people for all time——are an UNFORGIVABLE TREASON AGAINST THE PEOPLE. And, the people, for their part, have the lawful right and the lawful duty, under the Treason Clause of the U.S. Constitution, to bring those who betray them, to account for their crimes against them.This notion of “TREASON AS TYRANNY OF GOVERNMENT DIRECTED AGAINST ITS OWN PEOPLE” is a thesis that demands further attention and explication.In the next several articles, we explore this idea of deliberate imposition of tyranny by High Officials of the Federal Government against the people, as implicating the Treason Clause of the U.S. Constitution.____________________________________________Copyright © 2021 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
WHY IS IT THAT THE HARRIS-BIDEN ADMINISTRATION AND CONGRESSIONAL DEMOCRATS REALLY WANT TO TAKE AWAY YOUR GUNS?
PART ONE
GUN OWNERS; TRUMP SUPPORTERS; ANTI-MARXISTS; ANTI-GLOBALISTS—ARE THESE THE HARRIS-BIDEN “DOMESTIC TERRORISTS?”
The propagandists for the Democrat Party-controlled Government are nothing if not expert in the art of subterfuge, deflection, artifice, and duplicity. Turning the Bill of Rights on its head, they claim the Country will be better off once the American people just accept constraints on the exercise of their fundamental rights and liberties.But for whom would the Country be better off: for the American people or for the Neoliberal Globalists, along with their cousin Marxists, who intend to dismantle a free Constitutional Republic and merge the skeletal remains of the United States into something truly obscene: a transnational new governmental world order akin to the European Union?Already Biden has made overtures to Brussels, resurrecting the Transatlantic Trade and Investment Partnership or “T-TIP,” an arrangement that had stalled under the Trump Administration as did the Trans-Pacific Partnership or TPP.The true, if unstated, purpose of the G-7 Summit was to reassure Brussels that the U.S. was back on track to complete the agenda commenced in earnest thirty years ago—an agenda that had been making substantial headway under Obama, and that would continue under Hillary Clinton. But that agenda came to a screeching halt when Trump was elected U.S. President, to the surprise and shock and consternation of Neoliberal Globalists and Marxists both inside the Country and outside it, and no less to the chagrin of China, as well.But with the mentally debilitated, and easily manipulated Joe Biden firmly ensconced in the Oval Office, the Globalist and Marxist agenda could get back on track. The EU would get what it wants from the U.S.; China would get what it wants from the U.S.; even Russia got what it wanted. And who was left out of the mix? The American people, of course.But then, the Harris-Biden Administration and their cohorts in the Democrat Party controlled Congress, together with the seditious Press and social media and information technology titans haven’t bothered to ask the American people for their perspective on any of this. They really don’t care. They have effectively shunted Trump aside and they are treating tens of millions of American dissenters as potential “Domestic Terrorists” who refuse to go along with the game plan. The Globalists and Marxists will suffer no dissident thought or action. They are intent on stamping out all dissent. And this portends something serious on the horizon for the well-being of the Country and for the well-being of the American people.
WITH A RADICAL DEMOCRAT PARTY-CONTROLLED GOVERNMENT AND A BELEAGUERED, BESIEGED, WEAK REPUBLICAN CONTINGENT IN CONGRESS, AMERICAN PEOPLE HAVE BEEN BOXED INTO A CORNER AND MUST TAKE MATTERS INTO THEIR OWN HANDS TO REGAIN CONTROL OF THEIR COUNTRY?
The secretive powers operating in the Harris-Biden Administration, along with the Democrat Party have forced Americans into a tight corner. The forces that have boxed in Americans know this to be true. They did this intentionally. They have thrown down their gauntlet. They fully expect a backlash. And they fully intend to counter it.The forces that crush have instituted a comprehensive and insidious program designed to contain and constrain dissenting Americans.Their program must have taken shape during the early days of the transition of Government in 2021. And it is now available for all to see. The PROGRAM—really a POGROM—targeting Americans who refuse to get on board with the game plan is contained in a lengthy document, titled: “National Strategy for Countering Domestic Terrorism.”This Document, recently made available to the public, serves a dual purpose for the Harris-Biden Administration. It operates, one, as a Declaration setting forth the raison d’être for a Marxist Counterrevolution in this Country to overturn the American Revolution of 1776, and, operates, two, as an express and brazen threat to the autonomy of the American citizen. Never before in American History has the Federal Government professed to declare war on its own citizens. In that regard, the “National Strategy for Countering Domestic Terrorism” goes much further than even the infamousU.S. Patriot Act, in presenting a direct threat to an American citizen's fundamental Rights and Liberties. See also the article on the U.S. Patriot Act by the Electronic Frontier Foundation.But who are these “Domestic Terrorists” that the Harris-Biden Administration has declared war against? In the broadest sense, a “Domestic Terrorist” is any American who professes disagreement with the Globalist/Marxist agenda.
ATTEMPTS AT OBFUSCATION DO NOT DISGUISE THE FACT THAT “DOMESTIC TERRORIST” REFERS TO ALL AMERICANS WHO ACTIVELY DISAGREE WITH AND WHO DISSENT FROM THE HARRIS-BIDEN AGENDA.
The expression “Domestic Terrorist” drags in a sizable portion of the American citizenry, at least a third of the Country, that cherishes the Nation's founding, formative Documents—the Declaration of Independence, the Constitution’s Articles, and the Bill of Rights—and takes them at face value, in accordance with the plain meaning of the language therein.And, what do these Documents proclaim and prescribe? They proclaim and prescribe the preeminence of liberty and personal autonomy and of the existence of natural, God-given rights that exist intrinsically in each person; rights that precede the formation of nations and of governments and make clear that the American people, themselves, and not the Government they happen to form, are the Sole Sovereign of their Nation, and that they alone have the God-given right to control their own destiny.This presents a conundrum for the Harris-Biden Administration, which is to say, a profound dilemma for those secretive, powerful insiders who are orchestrating and choreographing the Administration’s every move.One thing is clear: Those elements presently in control of the reins of the Federal Government do not perceive themselves as servants of the people but, rather, as master over them.The Harris-Biden Administration, the Democrat Party controlled Congress, the Bureaucratic Deep State, the Legacy Press, and the major social media and technology monopolies have dismissed the founding, formative documents of our Country, out-of-hand, and, in so doing, have effectively declared war on the American people.But, a sizable chunk of the American people, though, cherish and extol the tenets, principles, and precepts contained in the Nation’s sacred Documents. That means the American people pose a threat to Government. They must therefore be brought to heel lest they exert their sovereignty over the Government. Imagine that!The Nation’s founding Fathers—yes, dare we use the expression, “THE FATHERS” of the Nation—understood well that a massively large, powerful centralized Government would, if left to its own devices, eventually, inexorably, inevitably usurp from the people, that sovereign power belonging only to the people.The Founding Fathers knew that, while a Federal Government with limited powers, assiduously demarcated among three salient Branches—Legislative, Executive, and Judicial—may serve to forestall usurpation of power unto itself, the rise of tyranny would be inevitable. It would only be a matter of time. Only the presence of an armed citizenry could prevent this from happening, as the Founding Fathers well knew; hence the reason for the codification of the right of the people to keep and bear arms in an Amendment to the Constitution.It should come as no surprise to any American that the Destroyers of a Free Constitutional Republic would therefore mount a furious assault on the sacred right of the people to keep and bear arms.Not since the Nation’s inception in 1776, have the Obstructors of the Country come so close transforming it from a free Republic into an Authoritarian State—made all the easier through the use of information technology: technology that is capable of exerting vast control over content creation and dissemination of information, and the censure of it; technology that makes possible, the surreptitious, collection of private information and omnipresent surveillance of the Nation’s citizenry.The pillar of free speech, codified in the First Amendment and the freedom from unreasonable searches and seizures, codified in the Fourth, are both suffering slow strangulation as a result of the application of technology on a massive scale.The public has little to say about the application of, and has even less control over, technological advances that allow Government to nullify the unreasonable searches and seizures clause of the Fourth Amendment.And powerful Liberal Progressive and Marxist interests in the Federal Government flagrantly violate the First Amendment’s freedom of speech clause, operating through major social media monopolies, that share Progressive Left and Marxist sympathies and goals. The result is a blatant, shameless, unethical, illegal censure of speech.These elements in Government and business, operating in concert, have been successful at constraining public discourse, in recent years, to an extent never before countenanced. And they intend to upend this Nation’s Constitutional Republic now and for all time.Concomitant with censure of speech, and contrary to the dictates of the First Amendment, destructive forces in Government and in the technology monopolies have unleashed a campaign of propaganda to turn American against American and to indoctrinate children and adult alike. No institution is free from the onslaught; not even the military.
WITH FREEDOM FROM UNREASONABLE SEARCHES AND SEIZURES ESSENTIALLY ERADICATED, AND FREEDOM OF SPEECH UNDER CONTINUOUS, RUINOUS, HARASSING ASSAULT, ONLY FREEDOM TO OWN AND POSSESS GUNS REMAINS, OBSTINATELY RESISTANT TO GOVERNMENT ATTEMPTS TO CONSTRAIN EXERCISE OF THE RIGHT.
Only the right of the people to keep and bear arms effectively resists systematic and debilitating attempts by Progressive and Marxist influences to annihilate the exercise of this fundamental Right. But why is that? The reasons are plain. First, Americans recognize that no other Right defines them or the Country they are sovereign masters of, as the Right to own and possess firearms. So, Americans furiously defend that Right—more so than any other. Second, firearms are after all tangible implements, not intangible, digital objects, like words. It is not so easy for Government to purloin away one’s firearms as they have purloined away Americans’ private conversations and private documents and as they have systematically whittled away at the right of free discourse and free association among Americans of like kind.It’s impossible to take physical control over a citizen’s firearms surreptitiously. A person either has possession of them or he does not. And he will not so easily part with them. This angers the would-be Destroyers of a free Constitutional Republic to no end.How does one effectively separate a person from his firearms without causing a bloodbath in the Nation? This isn’t simply a matter of academic exercise for the Destroyers of our Country. They are well aware that the presence of—the continued existence of—armed citizens poses a direct, imminent threat to the installment of a Marxist totalitarian State and submergence of the remains of a free Republic in a Globalist Marxist new world order. But they also know that any attempt at a wholesale round-up of firearms would result in revolt—that is to say, armed revolt!It follows that no compromise on the right of the people to keep and bear arms is logically sensical despite the remonstrations of “antigun” groups carping endlessly over the need for more “commonsense gun laws”—as if they mean only that and nothing more. The idea is absurd on its face. It is all mere rhetoric designed to deceive. Americans have had more than enough of this nonsense.The question is: Now that Americans know the extent to which a free Constitutional Republic is in the crosshairs for destruction, and that the Federal Government has essentially declared war on its own citizens' sacred Rights and Liberties, what are Americans going to do to safeguard their Bill of Rights and their sovereignty over Government?___________________________________
PART TWO
A TYRANNICAL GOVERNMENT CANNOT LONG CONTAIN OR CONSTRAIN AN ARMED CITIZENRY.
If the American people are well-armed, then they can effectively, successfully resist Governmental attempts to control thought and action; they can effectively resist concerted efforts by tyrants to subjugate them; and they will always resist such efforts. But, if the American people are disarmed, they are defenseless before both two-legged predators and a predatory, tyrannical Government. So, the American people must continue to be well-armed. It is that simple.Thus, among those Destructive forces—neoliberal Globalist and international Marxist elements—who strive for firm Government control over the citizenry, the Right of the people to keep and bear arms must not be merely constrained, exercise of the Right must be curtailed. But, because it is immensely difficult to curtail citizen ownership and possession of firearms outright, absent wholesale bloodshed, which is to be avoided, the liberal Progressive Left and Marxists have been forced to undercut the Right of the people to keep and bear arms through a gradual escalating legislative process.The Federal Government’s assault on the Second Amendment started in earnest almost ninety years ago, with the enactment of the National Firearms Act of 1934. As with all antigun legislation, the pretext for the enactment of the NFA was an attempt to prevent criminal gangs from engaging in shooting rampages with certain classes of weapons, primarily fully automatic weapons and so-called short-barreled shotguns and rifles. The impact this law had on crime reduction was and is negligible. Its greatest and gravest impact was on infringing law-abiding American citizens' right to possess those firearms.Apart from actions by several State Americans to continue to enact laws to restrict and constrain the exercise of the right to keep and bear arms, the public was provided with a respite from the enactment of wholesale restrictive Federal firearms legislation for a period of sixty years, when Congress enacted the Violent Crime Control and Law Enforcement Act of 1994. That Act contained a subsection titled innocuously, the “Public Safety and Recreational Firearms Use Protection Act” a.k.a. “Assault Weapons Ban,” the latter descriptor of which is more accurate and to the point.Once again, the public was told that the purpose of an assault weapons Ban was directed to curbing violent crimes committed with a certain category of guns. It did no such thing. It was all a lie, having nothing to do with constraining criminal use of firearms.All the Act succeeded in doing and was designed to do was to target average, law-abiding Americans, not to reduce violent gun crime. The salient if tacit purpose of the Act was to ban lawful ownership and possession of a wide range of popular semiautomatic weapons in the hands of tens of millions of law-abiding Americans. The Act wasn’t designed to prevent gun crimes. And the banned firearms were not even utilized in the vast majority of gun crimes anyway.The law was set to expire ten years later, in 2004. It did expire and not surprisingly, it wasn’t renewed. The public wasn’t deceived and demanded access to semiautomatic firearms.Notwithstanding the expiration of the Assault Weapons Ban, that didn’t stop Anti-Second Amendment forces in Congress to try to enact new laws restricting Americans’ access to semiautomatic firearms. They were relentless in their pursuit to curtail the exercise of the right codified in the Second Amendment. And they continued their effort up to the present time. To date, all such attempts have failed, and that has frustrated the forces that seek to destroy this free Constitutional Republic and its sovereign people. It was therefore left to Anti-Second Amendment State Governments to fill the gap and States like New York and California did so, with relish.With the neoliberal Globalist Obama in the Oval Office, to be followed by Hillary Clinton, the Destroyers of an independent sovereign United States felt confident that they could gradually tighten the noose around the neck of the American people so that, by the time the citizenry realized they had lost their Nation, along with their Bill of Rights, it would be much too late for them to do anything about it.But Hillary Clinton didn’t make it into Office. Donald Trump did. And once the sobering reality of that had sunk in for the neoliberal Globalists and the Marxists, they no longer took for granted that they could work leisurely and quietly to reconfigure the institutions of the Nation; disregard the dictates of or redefine the meaning of the Constitution to suit their goals; and implement their plans for a takeover of the Country incrementally.The forces that crush entire nations went to work on our own; frenetically, ceaselessly, assiduously, to sabotage Trump’s policy initiatives; engaging in a virulent media campaign of vicious personal attacks on him, on his family, on campaign officials, and on Americans who voted for and who avidly supported him, who had realized the singular importance of the Trump initiatives and policy goals and promises in getting the Nation back on track to regain its historical roots and sensibilities. Yet, all the efforts to dislodge Trump from Office met with abject failure and Trump was successful in realizing many of his goals.The forces that crush entire nations couldn’t understand Trump’s emotional strength; his resourcefulness, his fortitude; his resilience. The more vociferous and vicious the attacks became, the more implacable did Trump become.The public saw that Trump’s “America First” domestic and foreign policies actually benefitted the American people, Americans of all races. Trump was primed to win a second term in Office.The neoliberal Globalists and international Marxists would have not of that. And they pulled out all the stops to prevent that from happening.So, as a last resort, the enemies of the American people, both within the Republic and outside it, including likely the CCP and the EU Government in Brussels, machinated and conspired to prevent Trump from serving a Second Term. And they succeeded. Now, with Trump out of the way, and with Bush-era Republicans or otherwise meek Republicans offering no meaningful, substantial resistance to the agenda of Marxist Democrats, those Congressional Democrats are wasting no time consolidating their power over the Country and over the American people, before the 2022 midterm elections.
DEMOCRATS' TEN-PART PROGRAM TO CONSOLIDATE POWER AND GAIN CONTROL OVER THE NATION AND ITS CITIZENS
The Democrats' program involves, one, systematically corralling the voices of tens of millions of Americans; two indoctrinating the public in the tenets of Collectivism; three, consolidating control over the military and police; four, continuing to create mass upheaval and volatility in society with the assistance of criminal gangs, and Marxist and Anarchist agitators; five, maintaining dossiers on every person residing in the United States; six, inducing fear in the minds of all Americans that Government may designate them as “Domestic Terrorists” and commence to hound and harass them; seven, asserting Government control over the operation of the entire electoral process in order to control the outcome of elections; eight, continuing, indefinitely, an open borders policy, allowing a continuous deluge of illegal alien migrants and murderous drug cartel gangs to invade our Country, thereby further disrupting society; nine, creating the conditions for hyper-inflation to proceed, to reduce the mass of America to abject penury; and, ten, curtailing exercise of the right of the people to keep and bear arms so as to preclude the ability of the American people to revolt successfully against the inception of tyranny.Concerning the last item of business, expect to see concerted efforts by the Harris-Biden Administration, to implement executive actions, albeit as a “temporary fix” to restrict the possession of semiautomatic weapons. This is being coordinated with efforts by the Democrat-controlled Congress to shoehorn semiautomatic weapons into the NFA, or, perhaps, to enact new stand-alone legislation, or to enact a ban on possession of semiautomatic firearms through obscure means, by placing a gun ban in some larger omnibus bill.Whatever transpires, the American people should be prepared for a very rocky ride in the months ahead as the economy continues to deteriorate, as social volatility and unrest in society crank up, and as the Second Amendment undergoes an assault in a manner heretofore not seen.____________________________________Copyright © 2021 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
TYRANNY IS AT HAND WHEN A NATION’S CITIZENRY IS DISARMED
THREATENED BY A SEDITIOUS PRESS, A DEMOCRAT CONTROLLED HOUSE, AND AN INSOLENT BUREAUCRACY, PRESIDENT TRUMP HAS HIS HANDS FULL, TRYING TO PRESERVE AND STRENGTHEN THE SOVEREIGNTY AND INDEPENDENCE OF OUR NATION; THE INTEGRITY OF OUR NATION'S BORDERS; THE SUPREMACY OF OUR CONSTITUTION AND LAWS; AND THE AUTONOMY AND SANCTITY OF THE AMERICAN CITIZENRY
When considering the myriad threats to the preservation of our Nation’s Constitution and to the underpinnings of a Free Republic, generally, and when considering the myriad threats to the Constitution’s Bill of Rights and, especially, when considering the ever-present threat to the fundamental, immutable, unalienable, and absolute right of the people to keep and bear arms, upon which a free Republic—a truly free Republic—rests and exists, attention is invariably directed to vicious, virulent, constant, and noxious attacks by anti-American, anti-Second Amendment members of Congress and by those anti-American, anti-Second Amendment politicians in the State Governments hell-bent on weakening, through enactment of crass, unconstitutional legislation, the American citizen’s sacred Second Amendment right to people to keep and bear arms. But how is it that the public becomes aware of the sordid work of these public servants who betray their masters, the American people?The presence of oppressive Federal and State antigun legislation and attempts by anti-American legislators to enact ever new anti-Second Amendment legislation is invariably on the public’s radar, and it is on the public’s radar for two reasons. First, Congress and State Legislatures generally conduct their business in the open—albeit not invariably—as we unfortunately see most recently, in Congressional Democrats’ ongoing, outrageous operation to destroy the Trump Presidency through a ludicrous impeachment inquiry that has essentially shut out Republican oversight of and participation in the proceedings.Anti-American legislators openly, even brazenly, carry on their efforts to infringe the right of the people to keep and bear arms. They apparently believe that, by actively and vociferously communicating their efforts to rein in and ultimately to destroy the Second Amendment to the U.S. Constitution, they are in fact doing a great service for and on behalf of the American people. And they apparently believe that by vocalizing their efforts raucously and vehemently, and by turns chiding, scolding, and condemning all Americans who might happen to disagree with them, they can prevail, winning most Americans over to their side. And, many uninformed Americans are drawn over to their side, readily seduced by empty political rhetoric. Not only do such Americans come to accept constraints on the Second Amendment, they come to appreciate, even laud the efforts of those politicians who, far from preserving and strengthening the Bill of Rights of the U.S. Constitution, dare to cheat Americans out of their most precious gift—a gift that the founders fought and died for to provide for us; a gift that many Americans, down through the ages fought and died for to secure for us. No matter. The betrayers of America intend to destroy all of it.The betrayers of America intend to undercut the Constitution; the very soul of our Nation. But, legislation to destroy fundamental rights and liberties must take place primarily in the open even if political wrangling and plotting, machinating and scheming all aimed at deluding and deceiving the American people must take place in the shadows; behind closed doors; out of sight and earshot.Second, the anti-Second Amendment legislators’ friend, the ubiquitous, seditious Press, avidly and vociferously hawks the ostensible benefits of reining in the citizenry’s gun rights. The Press has devolved into an effective propaganda tool of those elements operating in concert both here and abroad who seek to undercut our Constitution, thereby paving the way for our Nation’s inclusion in a new, transnational, supranational political, social, economic, and legal system of governance. A new world governmental order in which the very concept of ‘citizen,’ and the concept of 'sovereign, independent nation states' and of national borders are viewed as archaic constructs, useful, perhaps, once upon a time, as in a fairy tale, but no longer. To make a go of it, the notion of fundamental rights and liberties that inhere in man must be swept aside, as something that once was seen, perhaps, as noble, but is now perceived as simply quaint and archaic; for that notion is not at all consistent with the onset of a new trans-global system of governance, marked by an omnipotent, omniscient, and omnipresent ruling class, jealous of its power, and suspicious of the subject populations, falling now within a massive world Government enterprise.And, what of the idea of an armed citizenry—the only true and tenable check against tyranny of Government? That idea must be categorically denounced as not only anachronistic but dangerous—a visible threat to State power and authority. So, the Second Amendment to the U.S. Constitution must go. And there is no pretense anymore by those who abhor and who have always loathed the very idea of an armed citizenry. No longer do we hear any antigun politician, prefacing his or her remarks against guns and gun ownership by asserting, “. . . but of course I respect and support the Second Amendment.” That dissembling is now a thing of the past.So, a seditious Press tries to sell the citizenry on the notion that the Second Amendment has no rational purpose in a modern society. The public is told that, for the good of society as whole—that is to say, for the good of the Collective, for the good of the Hive—for the maintenance of public safety and public order, it is necessary to ban all guns from the civilian populace, commencing with those whom the antigun politicians categorize as 'assault weapons' (a political fiction, to be sure, created for no purpose other than as a vehicle through which more and more firearms are to be banned, until all firearms are banned).The seditious Press falling in lockstep with the destroyers of our free Republic, takes the position that gun rights are best when exercised least. So it is that the Press, operating on behalf of anti-Second Amendment advocates in both State Legislatures and in Congress safety argues that public order and public safety is best served by extending the scope of gun background checks; and that public order and public safety is best served through enactment of laws making gun ownership and possession increasingly onerous; and that public order and public safety is best served through enactment of laws that restrict the number of and kinds of firearms, and the amount of and kinds of ammunition, the average, law-abiding, responsible American citizen is permitted to hold; and so forth and so on, until lawful civilian ownership and possession of firearms is effectively eliminated, making the Second Amendment essentially nugatory.But is public safety and public order secured by denying the right of the people to keep and bear arms? Of course not! That is merely a makeweight. The real goal is civilian population control; to prevent the very thing the framers of our Constitution intended to assure the American people of: that they would be able to deal effectively and harshly with those people in Government, who decide they would rather be the masters of the American people than the servants of the American people.Beyond calls for more and more restrictive State and federal gun legislation and for more and more restrictive local governmental gun codes, gun regulations, and gun ordinances, we hear Leftist politicians that are running for the Democratic Party nomination chiming in how Commonwealth Countries like Australia and New Zealand implement antigun laws easily, and that only in the United States is it difficult to do so and shouldn’t be. Never mind that neither Australia or New Zealand even recognizes a fundamental right of their people to keep and bear arms.In fact, such rights that do exist in New Zealand’s bill of rights aren’t meaningful rights and liberties at all. New Zealand’s bill of rights is nothing more than a collection of ordinary statutes--not a true bill of rights at all--subject to Government censure, or interpretation, or abrogation, essentially at will. And, Australia, for its part, doesn’t even have a bill of rights. And neither Nation recognizes a right to own and possess firearms for self-defense. Fancy that!Yet Democrat Party candidates for U.S. President believe our Nation should follow suit with these Commonwealth Nations. They perfunctorily deny, even betray, our own sacred right to keep and bear arms, rather than reverently lauding it. And these Democrats, were any one of them to be elected President, have gone so far as to assert a willingness to create antigun law through Executive Branch fiat if need be if Congress doesn’t act in accordance with their personal beliefs concerning, and animus toward, guns and toward civilian gun ownership and possession. These Democrats denounce our Nation’s Constitution; our Nation’s culture; our Nation’s Judeo-Christian ethic; our Nation’s history. And, yet they consider themselves good and proper prospects for U.S. President. The idea is both shameful and absurd.These same politicians, with a sympathetic Press, also ignore or slam the seminal U.S. Supreme Court decisions in Heller and McDonald making clear that the right codified in the Second Amendment is not to be denied or circumvented, as the right set forth in the Second Amendment is an individual right, accruing to each American citizen. The right of the people to keep and bear arms is not a “collective” right accruing to the State; and it is not to be construed as such.The American public should keep well in mind that, in the final analysis, no better guard against tyranny exists than through the presence of a well-armed citizenry; and no better evidence is there of some politicians’ desire to pave the way for the very inception of tyranny than in legislation to rein in the Second Amendment to the U.S. Constitution.________________________________________Copyright © 2018 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
A SOCIALIST TRANSFORMATION OF AMERICA IS INEVITABLE IF THE SECOND AMENDMENT WITHERS AND DIES
A SEDITIOUS PRESS AND THE NEW PROGRESSIVE LEFT DEMOCRATS SEEK TO UNDERMINE A FREE CONSTITUTIONAL REPUBLIC
“If the media were honest, they would say, Look, here are the interests we represent and this is the framework within which we look at things. This is our set of beliefs and commitments. That’s what they would say, very much as their critics say. For example, I don’t try to hide my commitments, and the Washington Post and New York Times shouldn’t do it either. However, they must do it, because this mask of balance and objectivity is a crucial part of the propaganda function. In fact, they actually go beyond that. They try to present themselves as adversarial to power, as subversive, digging away at powerful institutions and undermining them. The academic profession plays along with this game.” Quotation one, ~Noam Chomsky, American linguist, philosopher, cognitive scientist, historian, social critic, and political activist, from Lecture titled, “Media, Knowledge, and Objectivity,” June 16, 1993“Control of thought is more important for governments that are free and popular than for despotic and military states. The logic is straightforward: a despotic state can control its domestic enemies by force, but as the state loses this weapon, other devices are required to prevent the ignorant masses from interfering with public affairs, which are none of their business . . . the public are to be observers, not participants, consumers of ideology as well as products.” Quotation two, ~Noam Chomsky, from article, titled, “Force and Opinion,” in Z MagazineThe picture of the world that’s presented to the public has only the remotest relation to reality. The truth of the matter is buried under edifice after edifice of lies upon lies. It’s all been a marvelous success from the point of view in deterring the threat of democracy, achieved under conditions of freedom, which is extremely interesting.” Quotation three, ~Noam Chomsky, from his book, “Media Control: The Spectacular Achievements of Propaganda”
PART ONE
With this latest “mass” shooting, in Odessa, Texas, the antigun zealots and their fellow travelers in the Press lost little time in exploiting the tragedy. The antigun seditious Press, always protective of its fundamental right of freedom of the Press under the First Amendment to the U.S. Constitution, misuses that fundamental right to launch a vicious assault on another but equally, sacred, fundamental right—a sacred, inviolate right that tens of millions of average, law-abiding, responsible, and rational citizens exercise every day, as is their prerogative: the sacred, inviolate, and unalienable right of the people to keep and bear arms—a right as fundamental, immutable, unalienable as is the freedom of the Press that our seemingly Free Press seems exclusively concerned about securing, perhaps well aware that the seditious dogma it propagates can and should be constrained.In that regard it should be mentioned that President Trump can certainly take action to choke the Press for the malicious, bald-faced lies elicited from it, if he had the mind to do so; but he hasn’t done so, which speaks to his restraint, something that can’t be said for Trump’s predecessor, Barack Obama, who, as the Baltimore Examiner reported, prosecuted and spied on reporters to constrain the Press, and he did so several times. Obama’s actions amounted to an abuse of power that Obama never had to answer for. President Trump’s actions unlike those of Obama have amounted to amounted to mere rebukes against the Press. But Trump, unlike Obama, did have and does have every reason to clamp down on the Press for having orchestrating a comprehensive attack on him, an attack that goes well beyond criticism, amounting to vicious defamation of character and a fusillade of malicious lies. The Press sneers at the President, castigates him, ridicules him; derides, mocks, and taunts him viciously, constantly, relentlessly. The Press refers to Trump as an autocrat, and a danger to our Nation. Honestly? Which President is it who has really demonstrated autocratic tendencies? The answer is obvious, isn’t it? And, if, God forbid, any of the current crop of Democratic Party candidates for U.S. President is elected President in 2020, it will be that person that ushers in a totalitarian regime.Yet, the seditious Press, ever protective of and jealous of its own inviolate right and prerogatives codified in the First Amendment to the U.S. Constitution, perverts that right and has done so, since the earliest days of Donald Trump’s Presidency, launching endless scurrilous, pernicious, bombastic, inflammatory ad hominem attacks on Trump and on his Administration’s policies; trying to frustrate him at every turn, in every manner; intent on accomplishing that detestable aim; deliberately, seditiously making it difficult for the President to perform his duties in accordance with his Oath of Office set forth in Article 2, Section One, Clause 8 of the Constitution—doing everything it can to wear the President down, sabotage his efforts, and blind to the fact that harming the President means harming the Nation, the Constitution, and the American people. Trump has persevered through all of this, weathered the storm of noxious, incessant verbal and written assaults on his character and his policies and that speaks volumes to his fortitude, stamina, strength of will, to overcome adversity—adversity that, unfortunately and disturbingly, emanates from within the Nation, than outside it.
AN ATTACK ON THE SECOND AMENDMENT IS AN ATTACK ON THE NATION, ON THE CONSTITUTION, ON THE AMERICAN PEOPLE, ON THE FOUNDERS AND ON THE FOUNDERS’ VISION FOR THIS NATION
The attack by the Press is pervasive, vigorous, vicious, vile, and all-consuming: a constant barrage of invective directed against President Trump, against the Second Amendment to the U.S. Constitution, against guns and gun owners, against NRA; even against the founders of our Republic, and their vision for our Country of which the Constitution is the Nation’s blueprint. The Press has conspired with others who are intent on undermining all of it. This virulent, seditious, antigun Press is intent on denying to Americans their sacred, inviolate, unalienable right to defend their life, safety, and well-being, with the best means available, a firearm. Through its incessant assault on the right of the people to keep and bear arms, and through its never-ending, attack on the President who has, for the most part, defended that right, and against NRA that tirelessly protects it, the Press would also, not surprisingly, place obstacles in the path of Americans who recognize that the most effective way to guard against the insinuation of tyranny into our Nation is by dint of an armed citizenry.Obviously, a seditious Press knows this, and, as that same seditious, incorrigible Press, is in league with Left-wing extremists—who some people refer to as the New Progressive Left—whose sick and bizarre vision for America mandates the establishment of a Marxist/Socialist dictatorship, a dictatorship our Nation is inexorably chugging along toward. The public should well take note of what a Marxist/Socialist Dictatorship shall bring: misery, oppression, hopelessness for and in the lives of every American. And, don’t think that such a hell-world cannot come to pass. For, if the New Progressive Left actually succeeds, in the forthcoming General Election, in taking control of both chambers of Congress, and of the U.S. Presidency, as well, autocracy will manifest itself, and it will manifest quickly. Tyranny of Government—the very fear of the founders of the Republic—will be inevitable.A vision of our Country grounded on the tenets of Collectivism, rather than on the tenets of Individualism, as it presently is, is now a stark possibility, as extremist Left-wing elements have high-jacked the Democratic Party. That is plain. And the Press knows this too; welcomes it; nurtures it. And why not? After all, the seditious Press has been high-jacked by extremist Left-wing elements, too, using its First Amendment freedom, ironically and disturbingly, not to defend, safeguard, preserve, and strengthen our Constitutional Republic—but to undermine and destroy it, commencing with an unending parade of indictments against the Second Amendment and vicious and unparalleled attacks on the President and, indeed, on the very institution of the Presidency that this Nation has never before seen.But, to condemn one fundamental right is to condemn them all, including the Freedom of the Press—a singular right that Mark Levin, an attorney, author, and true Patriot, has perceptively referred to as the "Unfreedom of the Press," and has so titled his recent best-selling non-fiction book on the subject of the Press; as the Press, today, has corrupted the very right it disingenuously defends and extols, but misuses to undercut the Second Amendment, the right of the people to keep and bear arms, and, in fact, undermines the very right, the Freedom of the Press, that it seemingly fervently defends; for all ten Amendments that comprise the Bill of Rights go together to form a single coherent, comprehensive whole. The Bill of Rights is a unique testament to the importance the founders of our Nation, the framers of our Constitution, placed in the American people; for it is American people in whom sovereign power over the Nation rests, not the federal Government.The Government the framers constructed is a Government divided into three separate but co-equal Branches, each with its own set of limited powers, as meticulously set out in the Articles of the Constitution. The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people as set forth in and made abundantly clear in the Tenth Amendment of the Bill of Rights of the Constitution. And, if those who exert power and authority in Government ever forget where it is that true lawful, sovereign power resides, then the right codified in the Second Amendment exists to remind them that Government was created to serve the American people, and not the other way around; nor does Government exist to serve itself.The founders of our Nation, the framers of our Constitution, would be absolutely appalled to witness the Press’ perversion of its sacred freedom. These extremist Left-wing elements that have taken over a substantial part of our news media and news commentary are a deadly contagion, spouting vile venom and filth, dispersing it with pomposity and sanctimony, on radio, on television, in printed media, and over the internet—indeed, everywhere throughout the Country and the world.And this so-called New Progressive Left plague is firmly planted in and dispersed throughout our institutions of Government—federal, State, and local—and it is a prominent fixture in the entertainment business. The New Progressive Left is pervasive in the Press and in media. It has permeated the major technology companies. But all this spawn of the New Progressive Left know full well it cannot dismantle a free, Constitutional Republic so easily. The New Progressive Left brood cannot long survive as long as there exists an armed citizenry. The root system of the New Progressive Left will wither and die as long as there exists an armed citizenry in the U.S. But an armed citizenry will only continue to exist if the American public manifests and maintains its strength of will and an indefatigable faith in our founders’ vision for our Nation and does not fall prey to the specious emotional laden nonsense constantly flowing through and out of the radical Left’s echo chamber: the Unfree Press.__________________________________________________________
PRESIDENT TRUMP AND CONGRESSIONAL REPUBLICANS MUST NOT BUCKLE UNDER TO THE PRESS AND TO DEMOCRATS WHO EXPLOIT TRAGEDY TO UNDERCUT THE SECOND AMENDMENT
PART TWO
“Now I will tell you the answer to my question. It is this. The Party seeks power entirely for its own sake. We are not interested in the good of others; we are interested solely in power, pure power. What pure power means you will understand presently. We are different from the oligarchies of the past in that we know what we are doing. All the others, even those who resembled ourselves, were cowards and hypocrites. The German Nazis and the Russian Communists came very close to us in their methods, but they never had the courage to recognize their own motives. They pretended, perhaps they even believed, that they had seized power unwillingly and for a limited time, and that just around the corner there lay a paradise where human beings would be free and equal. We are not like that. We know that no one ever seizes power with the intention of relinquishing it. Power is not a means; it is an end. One does not establish a dictatorship in order to safeguard a revolution; one makes the revolution in order to establish the dictatorship. The object of persecution is persecution. The object of torture is torture. The object of power is power. Now you begin to understand me.”~ George Orwell, writer and essayist, from his novel on a Dystopian society, "1984"
ENGAGING IN COMPROMISE WITH THOSE WHO ABHOR FIREARMS AND WHO DETEST THOSE WHO CHOOSE TO EXERCISE THEIR SACRED RIGHT TO KEEP AND BEAR ARMS WILL SERVE ONLY TO COMPROMISE THAT RIGHT, DESTROYING THE SECOND AMENDMENT
The American citizenry are a free, powerful, sovereign people living in a free Constitutional Republic; a Nation that belongs to the entire citizenry, not to a select few individuals among the citizenry; and definitely not to the Government, an entity created to serve the citizenry, not to subjugate and oppress it. The words codified in the Second Amendment make this fundamental truth plain. The exercise of the right of the people to keep and bear arms make this truth a reality. The New Progressive Left seeks to erase the words of the Second Amendment from the Constitution. The New Progressive Left demands the surrender of all firearms from the hands of the citizenry. Government control over an armed citizenry is impossible. Those Leftist radical elements know this and it infuriates them. The need for an armed citizenry, as the framers of the Constitution planned for, intended, and made eminently clear in the words of the Second Amendment, is indisputable, inescapable; and, as we see more so, today, than ever before, their vision for this Country cannot remain true and pure without an armed citizenry. The Leftist extremists come up against an impenetrable roadblock in the very existence of the Second Amendment. They realize their vision of a Marxist/Socialist Country, where America is merely a small cog in a mammoth Marxist/Socialist new world order, cannot come to fruition as long as the American people possess firearms, and they find this state of affairs intolerable.But, as long as the founders’ vision for our Nation remains fixed in the psyche of the American citizenry, and as long as the American public remains mindful, vigilant, and undeterred by the dire threat the New Progressive Left poses to our Nation, and as long as the American public, the silent majority, is resolved to prevent the Left’s replacing the founders' vision for our Country with that of their own, will the American public be able to effectively resist and forestall the establishment here of a Marxist, Socialist dictatorship--a dictatorship in which the betrayers of our Nation, consisting of the New Progressive Left itself, but also comprising crass opportunists, stand willing to sell their very souls to secure for themselves nothing but personal aggrandizement—bootlickers and lemmings all—ready to abase themselves, obediently taking their marching orders from their overlords holed up in Brussels.If these radical Left-wing elements succeed in compromising the Nation by undercutting the Constitution, then the American people, like the populations of the EU, will face unending misery; misery manifesting in the suppression of basic freedoms, constant surveillance, control over thought and conduct, and penury; a sad, oppressive life, nay, something less than life: mere existence—in a new political, social, economic, and cultural construct; one that has erased the independence and sovereignty of our Nation and of all Western nation-states; destroying, as well, the constitutions, laws, and jurisprudence of all nation-states.But to accomplish their goal, the New Progressive Left in our Country must indoctrinate our children, and reeducate those adults who aren’t so easily susceptible to prolific proselytizing and propagandizing; those adults who are not so willing to accept the fiction that our fundamental rights and liberties aren’t rights at all and never had been, but are merely man-made constructs, mere privileges, bestowed on the American people by grace of Government and by that same authority of Government would those same privileges be rescinded.If the public believes the fiction—if, in fact, the public believes that fundamental, immutable, unalienable rights are not, at all, rights preexistent in man, bestowed on man by a loving Divine Creator, but are mere privileges, vouchsafe granted by Government to men—then these Marxists, Socialists, and Communists, will find it much easier to weaken and ultimately negate the one right that alone serves as the means of preventing subjugation of the American citizenry, and it is that one, fundamental right that most concerns them: the right of the people to keep and bear arms.The problem for those of us who seek to preserve and strengthen our sacred right of the people to keep and bear arms is found less in the Radical Left or New Progressive Left elements now controlling the seditious Press and who have insinuated themselves in and are now legion in the Democratic Party, and more in the growing possibility that the U.S. President and Congressional Republicans might actually consider negotiating with the Democrats and in so doing, weaken rather than preserve and strengthen the right of the people to keep and bear arms. What we must do is to make plain to both the U.S. President and to Congressional Republicans that they must not capitulate. We must make clear to President Trump and to Congressional Republicans that to cave in to Democrat demands for “muscular new gun control proposals,”—that Progressive Left Democrat Candidates for U.S. President, Joe Biden and Elizabeth Warren, are calling for, as reported by The New York Times, on September 3, 2019, in an article title, “Demanding Gun Control, but Differing on Tactics,”—is not the way to deal with these gun grabbers.Our Nation already has more than enough restrictive gun laws. We don’t need more; for more gun laws will not make this Nation safer. More restrictive gun laws, targeting the tens of millions of average, law-abiding, rational, responsible American citizen, which is the aim of the New Progressive Left Congressional Democrats will only make this Nation less safe--will leave those Americans without the means of adequate defense against the psychopathic criminals and dangerous psychotic lunatics who prey on innocent Americans. And, be well aware of this: The gun control proposals of Democratic Party candidates policy goals is specifically designed to target the millions of average, law-abiding gun owners, not the common criminal, the vicious drug cartels, or the occasional lunatic. We know that; and Democrats know that too. And, they don't deny it. The Press doesn't ask these candidates for U.S. President what their gun measures are really designed to do, whom it is they are really targeting. But, then, they are of one mind with antigun New Progressive Left. And, apparently, the U.S. President and Congressional Republicans aren't asking either. These “muscular new gun control measures” various Democratic Party candidates for U.S. President are calling for are directed squarely at the millions of law-abiding gun owners, not common criminals, not psychopathic gang members, not psychotic lunatics, all of whom are not permitted to own and possess firearms under current federal law, anyway—federal law that in many instances isn’t enforced. And this indisputable truth compels one unmistakable, disturbing conclusion: That further gun control laws the New Progressive Left Democratic Presidential candidates are vociferously and blatantly arguing for are not directed to reducing gun violence; nor, for that matter, are they directed toward the reduction of violence of any kind. The appeal for more restrictive gun measures is a makeweight, a platitude, for on close inspection, the logic behind the appeal falls apart, and one realizes the scam for what it is and that those demanding comprehensive gun control are really calling for comprehensive population control. The expression 'muscular, ' in muscular new gun measures' even sounds ominous. It alludes to something a criminal psychopath would utter, as the Progressive New Left intends to "muscle" the average, honest, law-abiding, rational, responsible American citizen out of their firearms--in other words, force average Americans to surrender their firearms on pain of serious repercussions for an American citizen who fails to do so. But, even taking the implausible platitude of ending gun violence for what it is, namely a ruse to compel the American citizenry to surrender its firearms—a ruse that has become ever clearer in the assertion, and severe in the contemplation of it—what we need to do is to understand what the core issue really is and drill down to that core issue and resolve that core issue. The question that we need to ask is this: how do we best contain violence directed toward innocent people? Focusing on guns merely serves to obscure the core issue and resolution of it, if we assume, for purpose of argument that containing violence is what the New Progressive Left has in mind and what they really want to resolve as well. But, to cut to the chase: they really don't. The New Progressive Left isn't interested in curtailing gun violence against innocent Americans. For, if they did, they would be approaching the issue sensibly, reasonably. Their objective would be to to curtail violence, whatever the mechanism employed. But they don't do that. And even apropos of guns, the New Progressive Left isn't really interested in curtailing violence committed by criminals and the occasional lunatic. Their interest is simply banning as many firearms as they can and that means targeting as many people as they can who happen to possess guns, namely tens of millions of average, law-abiding, rational, responsible American citizens. And, even on that score, they aren't honest. For, while it may seem superficially plausible to target as many gun as possible, the reason for doing so has little to do with preventing violence, for if the New Progressive Left were successful in that endeavor all that they would accomplish would be to leave tens of millions of average, law-abiding Americans defenseless, at the mercy of criminal predators and dangerous lunatics who will be able to get their hands on firearms anyway. So, it isn't curtailing violence against innocent people that the New Progressive Left is interested in protecting from "gun" violence. It is those very people that the New Progressive Left fears because tens of millions of armed Americans is a formidable force that can oppose a tyrannical Government, and it is just that sort of Government that the New Progressive Left is intent on creating. Guns themselves are merely an implement. Bad actors, the agents of violence will always be able to obtain firearms as most now do anyway, not in gun stores, or over the internet, or at gun shows, but on the Black Market. So, if it is containing societal violence, then Congress should address that. And, if not, then President Trump and Congressional Republicans should call Democrats out for their ruse. For gun control only increases the risk of societal violence, as gun control that Democrats have in mind is not a surgical strike targeting the criminal and the dangerous lunatic; it is a sledge hammer targeting the law-abiding citizenry.President Trump and Republicans must not be hesitant in calling these Democrats out. They should ask the question directly, first of themselves and then of the radical Left Democrats: What is the goal of the New Progressive Left Congressional Democrats in calling for gun control? Is their goal to reduce societal violence or is it to disarm the American citizenry? Congressional legislation is a function of the matter to be addressed, and that is where attention ought to be focused. Taking Democrats at their word, if, then, Democrats truly desire to curtail violence in society, thereby promoting public safety, attention should be directed to answering that question, but attention is never directed to that question; not really, for that is not what Democrats want. That is not what they are after. What they seek is comprehensive citizen disarmament, and withal, removing the incipient threat to the unconstitutional usurpation of Government power and authority. In so doing the New Progressive Left turns the paramount concern of the founders of our free Republic, on its head. For an armed citizenry was precisely what the founders prescribed; for their aim was to deter the rise of tyranny, not enable it.The Press, echoing the demands of Democratic Party Presidential Candidates, with whom the Press is in league, pretends to be interested in promoting public safety, failing to realize or even to consider that an armed citizenry is the best defense against armed assailants. The goal of the Progressive New Left isn’t really public safety at all. If it were, attention would be directed to incarcerating serial criminals in prison where they belong; placing the criminally insane in institutions where they can receive the care they need and the public can be spared the danger the criminally insane pose; and deporting illegal aliens who commit the serious crimes of rape, armed robbery, assault, and murder, instead of releasing them out into the public where they can commit crimes anew.But, many Democrats, including their leaders, aren’t concerned about any of that. If they were, then they would spend more time campaigning for toughened sentencing against hardened criminals, and institutionalizing dangerous psychotics who have demonstrated a predilection for violence, and deporting illegal aliens who have demonstrated a proclivity toward violence. But we see none of that happening. We see, instead, Democrats spending much of their time campaigning for more restrictive gun laws, directed to the law-abiding citizen, which, if enacted, would have the perverse result of leaving the law-abiding citizen defenseless. The need for further restrictive gun laws is, then, again, just a ruse—all directed to one ultimate goal: de facto repeal of the Second Amendment, after which the amassing of Government power can take off, unconfined by the limitations imposed on Government in the first three Articles of the U.S. Constitution, and undeterred by, and no longer concerned with the threat an armed citizenry poses to Government's usurpation of power, which the New Progressive Left has sought all along. No longer would the need exist for the Government tyrants to go through the motions of complying with the Constitution, for the means to compel Government compliance with the limitations the Constitution imposes on Government. an armed citizenry, would no longer exist.____________________________________________________
NEW GUN CONTROL PROPOSALS ARE CITIZEN/POPULATION CONTROL PROPOSALS; THEY ARE BLATANT ATTEMPTS TO WEAKEN THE SECOND AMENDMENT
PART THREE
“Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom of Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any band of regular troops that can be, on any pretense, raised in the United States.” ~Noah Webster, American lexicographer, textbook pioneer, English-language spelling reformer, political writer, editor, and prolific author; from his essay, “An Examination into the Leading Principles of the Federal Constitution,” 1787
SO-CALLED COMMON-SENSE GUN MEASURES THAT RESTRICT THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS MAKE NO SENSE AT ALL!
THE ANTIGUN NEW PROGRESSIVE LEFT DEMOCRATS BETRAY OUR NATION WITH FOUR EXTREMELY RESTRICTIVE GUN PROPOSALS THEY ARE DEAD SET ON IMPLEMENTING AND WILL IN FACT IMPLEMENT IF DEMOCRATS TAKE CONTROL OF BOTH HOUSES OF CONGRESS AND THE EXECUTIVE OFFICE, THE U.S. PRESIDENCY, IN THE UPCOMING GENERAL ELECTION
We hear the expression "common-sense gun measures" bandied about often enough; so often, in fact, that the average person doesn't bother to give it much thought, but takes the veracity of the expression as self-evident true. But, it it? On even cursory inspection such so-called "common-sense gun measures" that operate to restrict the average, law-abiding, responsible, and rational American's exercise of the natural, fundamental, and immutable, and unalienable right of the people to keep and bear arms makes no sense at all. The expression is an oxymoron and nonsensical. That fact becomes painfully obvious when one takes a long hard look at particular measures these Antigun Progressive New Left politicians have in mind. When these politicians assert that this or that gun measure makes perfect common sense, you can rest assured that it does not. The problem is that, while these politicians will tell you that this or that gun policy or gun measure will reduce "gun violence," they don't provide you with sound evidence to support their statements; nor do they give the American public a good sense of how the restrictive gun measure is designed to work, and how it is expected to be implemented. They probably don't have a clue themselves. Still, once the public gets a handle on what these antigun radical Left-wing politicians are really up to--constraining the exercise of the Second Amendment to the point that the right codified in it becomes essentially nugatory and not, contrary to what they insist, reducing "gun violence," and promoting public safety--it becomes abundantly evident that these gun control measures, when utilized together, are directed to do three things very, very well: all of them directed to disarming the citizenry and, hence, destroying the Second Amendment; and none of them directed to reducing "gun violence" and promoting "public safety"The New Progressive Left politicians' goal of disarming the citizenry through legislation, through Administrative rule-making, and through executive order--operating as a de facto repeal of the Second Amendment--has essentially three components:First, the New Progressive Left politicians seek to expand exponentially the kinds of guns and components of firearms the average law-abiding, rational, responsible citizen will no longer be permitted lawfully to possess, and, for those individuals who are permitted to lawfully possess firearms, these antigun politicians seek to control the number of firearms a person may own and possess and to strictly control the amount of ammunition and the kinds of ammunition that a gun owner is permitted to have. Second, The New Progressive Left politicians seek to expand exponentially the domain of American citizens who are prohibited from lawfully owning and possessing firearms, components of firearms, and ammunition. Third, as for those Americans who are not immediately prohibited from exercising the sacred right that is codified in the Second Amendment, the New Progressive Left politicians' "common-sense" gun policies and gun measures are designed to be oppressive, exceedingly so, in order to make ownership and possession of firearms, ammunition, and component parts of firearms, an expensive proposition and an administrative ordeal to maintain lawfully, if the gun owner is to avoid loss of his personalty and suffer civil or even criminal prosecution. Below, we discuss a few of the ramifications of the recent antigun proposals the New Progressive Left politicians have vociferously argued for, as echoed, incessantly, by a seditious Press.Note: three of the four restrictive gun measures have been around four decades. Every so often, when a lunatic goes off half-cocked, the gun grabbers bring these proposals out of the closet and try to push them, anew, on the public. These proposals include, one, bans on commonly owned firearms; two, expansive gun background checks; and, three, so-called "gun buybacks." The fourth restrictive gun measure"Red Flag" laws, is fairly new. But, any one of these four draconian gun measures clearly infringes on the Second Amendment and negatively impacts or directly infringes other Constitutional rights and liberties as well. If all of these antigun measures were to be implemented, the Second Amendment would become effectively nugatory. But, that is the point of them. And with the last few shooting incidents, hyped up, endlessly and vigorously, by a seditious Press, we see these politicians and the Press effectively manipulating public opinion to the point that even some Congressional Republicans and Republican State Government Officials are coming on board. The Second Amendment is again under dangerous siege.
RADICAL AND PROGRESSIVE LEFT’S FOUR-PRONG STRATEGY FOR DESTROYING THE SECOND AMENDMENT IN THE EVENT DEMOCRATS TAKE CONTROL OF BOTH HOUSES OF CONGRESS AND THE U.S. PRESIDENCY
FIRST PRONG: INSTITUTE NEW BANS ON SEMIAUTOMATIC WEAPONS , AMMUNITION MAGAZINES, AND OTHER GUN COMPONENTS AND GUN ACCESSORIESIt isn't bans on some semiautomatic weapons that the New Progressive Left is gunning for: It’s a ban on all semiautomatic weapons and on all component parts of those weapons, and on all accessories for those weapons; The very fact that the Radical Left uses vague and scary expressions, 'assault weapon' and 'high capacity magazine' isn’t not by accident, and this point must be clearly pointed out, apart from the pejorative connotations of those expressions. The expressions are deliberately ‘scary’ to instill a feeling of repugnance in the minds of the target audience. And the expressions are vague and open-ended in meaning to allow Congress to place into these categories anything and everything they wish. The Arbalest Quarrel has previously and repeatedly pointed out that the goal of antigun proponents is to ban all semiautomatic weapons, not just some of them, and this has proved prescient as the Radical Left and New Progressive Left antigun crowd is beginning to use the expressions, ‘semiautomatic weapon’ and ‘semiautomatic weapon’ interchangeably. More so than revolvers, semiautomatic firearms have become the weapons of choice for personal defense. They are weapons in common use by millions of Americans, and, they are the weapons that the antigun Progressive New Left is most desirous of banning outright, along with their ammunition magazines. If these radical antigun Leftists are successful, then exercise of the Second Amendment will become increasingly more difficult, and that is the real aim of antigun zealots. Their goal is to destroy the Second Amendment because the citizenry's exercise of the right to keep and bear arms, codified in the Second Amendment, operates as an existential threat to the ultimate goal they wish to achieve: absolute control of the population and subjugation of the citizenry. To achieve the ultimate goal of expanding Government exponentially and controlling all thought and behavior of the American public through absolute control of the police, the military, the intelligence apparatuses, the media, and control of the policy-making arms of Government, the New Progressive Left antigun zealots realize they must disarm the citizenry. De facto repeal of the right of the Second Amendment is, then, their penultimate goal. The New Progressive Left must accomplish destruction of the Second Amendment if they are to be able to subjugate the citizenry, and, in so doing, they will begin to bring to fruition, their ultimate goal: a Marxist-Socialist Dictatorship that will emerge from the tattered remains of our Republic. But, the New Progressive Left politicians must first curry public support for their unconstitutional, unconscionable antigun policy objectives and measures. In that effort we find antigun groups, the Press, and antigun politicians of the New Progressive Left unfailingly and endlessly utilizing the fictions their public relations firms create for the specific purpose of manipulating the public into supporting policies antithetical to preservation of the Second Amendment. These fictions include loaded, emotionally charged terminology: ‘assault weapon,’ ‘military styled assault rifle,’ ‘weapon of war,’ and “high capacity magazine.” The public usually doesn’t even bother to ask for explication of these expressions, and in the few instances when it does ask for an explication, we see the antigun spokesperson often saying that the targeted weapons look like and operate like military weapons. This, of course is a nonsensical response, first, because the military isn't interested in the appearance of firearms merely for the sake of appearance, anyway, and, second, because the antigun pronouncement that civilian “assault weapons” operate like military “assault rifles” is simply wrong.In weapons’ design and fabrication for military application, form follows function, not the other way around, and the critical importance of function of a weapon is that of operation and handling. The military, ‘assault rifle,’ by definition, is a selective fire, intermediate caliber weapon. The civilian version of an assault rifle, if the notion of a ‘civilian version’ of military assault rifle is even meaningful, is hardly an adequate descriptor for weapons found in the non-military marketplace since such weapons are not capable of full auto or short burst auto fire.Antigun politicians and antigun zealots also claim that ‘assault weapons’ aren't utilized for and are not really useful for hunting small game. But, how would they even know? They never bother to explain, and the assertion is hardly self-evident, true. In fact, the assertion is false on two grounds. First, many Americans do use the weapon for hunting. It is light, accurate, and suitable for and, so, often marketed for that purpose. Antigun politicians and antigun zealots also claim that ‘assault weapons’ aren't utilized for and are not really useful for hunting small game. But, how would they even know? They never bother to explain, and the assertion is hardly self-evident, true. In fact, the assertion is false on two grounds. First, many Americans do use the weapon for hunting. It is light, accurate, and suitable for and, so, often marketed for that purpose. Second, even assuming, for purpose of argument, that the antigun zealot’s claim were true, it doesn’t follow that Americans don’t have a right to possess these ‘assault weapons’ for other lawful uses, such as for home defense or simply for target shooting, or for competitive shooting. , even assuming, for purpose of argument, that the antigun zealot’s claim were true, it doesn’t follow that Americans don’t have a right to possess these ‘assault weapons’ for other lawful uses, such as for home defense or simply for target shooting, or for competitive shooting. Those are all legitimate purposes. Further, suppose, an American simply wants a fully functional ‘assault weapon’ as a collectible. Why shouldn’t a law-abiding, responsible, rational American citizen be able to own and possess that weapon? It is no answer to say no American needs one. But, that is the answer often given. In fact, why should the law-abiding, responsible, rational American citizen even have to proffer a reason for owning and possessing a so-called 'assault weapon' at all. The antigun New Progressive Left activist simply presumes that a person must explain why he wishes to own and possess this or that firearm. No he doesn't. Where in the Constitution, in the Second Amendment, or in any other provision of the Constitution, does it say that an American citizen must demonstrate a purpose for or need for owning and possessing a particular firearm? Nowhere. The implicit understanding of the text of the Second Amendment is that a weapon be a personnel weapon, that, in fact, is expected to be used for, inter alia, military use. So, contrary, to the antigun New Progressive Left’s assertion that civilians are not permitted to own and possess a 'weapon of war,'—a shibboleth that is accepted as true and obviously so—the import of the Second Amendment points to the falsity of the New Progressive Left’s claim. A salient, and, indeed, the salient import of the Second Amendment is that the Nation is to be protected by a citizen army, no less so than by the Government's own standing army to help thwart a foreign aggressor; but also, and more particularly today, to protect the sovereignty, the integrity, and the autonomy of the American people from the visible and perverse threat posed by seditious insurgents within the Nation. The threat that the antigun New Progressive Left poses to the American citizenry is manifest in the desire of the New Progressive Left’s intent on creating a massive, omnipotent, onmniscent, and omnipresent federal Government: the antigun New Progressive Left’s God! To that end, the antigun New Progressive Left has demonstrated an overt proclivity and, indeed, a marked, staunch, and, in their own words, 'muscular' desire to disarm the public, for the unmistakeable, albeit unstated, purpose of controlling it. No better reason, then, for the civilian citizenry of the Nation to be well-armed, and well-armed, to the hilt, and with actual selective-fire assault rifles and submachine guns, not merely armed, then, with what the antigun Progressive New Left refers, inaccurately and pejoratively, as 'weapons of war' and 'as military style assault weapons.’ For rhe real threat posed to the preservation of our Nation to as a free, Constitutional Republic and a free people, comes from those within the Nation, as subsidized by seditious billionaires both within and outside the Country, who desire to destroy the very framework of our Nation, as designed and created by our founders. No better evidence is there of their seditious intent, than their desire to disarm the citizenry; and no better reason, then, for the citizenry to be well-armed. The U.S. Supreme Court held in Heller, the seminal Second Amendment case, has made abundantly clear that firearms in common use, which includes those antigun Leftists refer to under the pejorative ‘assault weapons,’ and ‘military styled assault rifles,’ and ‘weapons of war,’ are a protected category of firearms under the Heller standard. One would wonder whether, given the dire threat posed by insurgents in our midst would not had led the late Associate Justice, Antonin Scalia, to conclude that, as consistent with the import and purport of our Second Amendment, a citizen army should be armed with military personnel weapons to best thwart a takeover of our Nation's Government by those hell-bent in instituting a Marxist-Socialist Dictatorship—a form of Government altogether inconsistent with the framework that the founders of our free Republic had heretofore established for it, as set forth in the U.S. Constitution that the States had ratified—a Constitution that includes a well-stocked set of elemental,fundamental, immutable, unalienable rights and liberties that are not to be modified, abrogated, ignored, or perfunctorily dismissed. As for ammunition magazines, the retort to the perfunctory exclamation of the antigun New Progressive Left that no one needs high capacity magazines is threefold. First, we begin with the obvious: ammunition magazines are a necessary component of semiautomatic weapons. And, as for what constitutes an acceptable number of cartridges, and what might, to the antigun radical Left activist constitute an unacceptable, “high capacity,” ammunition magazine, no one can reasonably define what ‘high capacity’ means; any attempt to do so reduces to arbitrary absurdity. Second, an ammunition magazine holding several rounds, for home defense, makes simple common-sense, whether an innocent individual faces one assailant or several assailants. The imposition of limitations on the number of cartridges a given ammunition magazine is, for a particular firearms, under law, permitted to hold, are ultimately arbitrary senseless and pointless. Third, going back to the initial antigun pronouncement that the average, law-abiding, rational, responsible civilian citizen simply doesn’t need a ‘high capacity’ ammunition magazines, whatever that expression, ‘high capacity’ means, simply begs the question whether one does need such high capacity ammunition magazines to adequately thwart a potential threat. "Need," in and of itself, namely "need per se," is defined by purpose. But, the antigun proponent’s pronouncement that a person doesn’t need a ‘high capacity magazine’ is logically faulty on other grounds. There are many things a person possesses that a person may not need. There are wants as well. Suppose I just happen to want a so-called ‘assault weapon’ and so-called high capacity ammunition magazine, as a component of that weapon. Why shouldn’t I, as an average, law-abiding, rational, responsible citizen, be able to have one? It is no answer to say society will be safer if I don’t have certain weapons and certain ammunition magazines. Extrapolating from misuse of any firearm by a dangerous lunatic and psychopathic criminal to me and tens of millions of other Americans who desire to exercise their natural right to own and possess these firearms and ammunition magazines and who are not lunatics or psychopathic criminals is to constrain, unconstitutionally and unconscionably, tens of millions of Americans due to the actions of a few undesirables. Again, the idea promulgated by antigun proponents that society, the Collective, the Hive, will be better off if those tens of millions of law-abiding, rational, responsible citizens don’t have access to these weapons and components even if they themselves are not a danger to society and never would be is to accept an ethical position, utilitarian consequentialist, that most Americans don’t ascribe to: the idea that it is better to lose a few innocent lives for the apparent benefit of a larger group. But, that is an alien concept, abhorrent to most Americans, and certainly abhorrent to those who founded our Nation. People are not ants or bees, even as these New Progressive Leftists believe them to be so, and would treat people as such.And, as 'need' is defined by purpose, no greater need exists, today, than for a citizen army to be well-armed against the real threat of a Marxist-Socialist takeover of the Government and the enslavement of the American citizenry that such a takeover would entail. It is just this dire need that exists and more so now than ever before in light of those who argue that no need exists for so-called ‘weapons of war.’ The American citizenry must be well-armed to thwart a possible takeover of our Government by this antigun New Progressive Left that is intent on destroying our Nation's Constitution; that is intent on erasing our Nation's history; and that is intent on endowing the federal Government with the means necessary to do so: to subjugate the American citizenry, and thoroughly control all thought and action. The American citizenry must never be taken in by the duplicitous, claim made by this insurgent antigun New Progressive Left that its motive for disarming Americans is simply a desire to protect the life, well-being, and safety of Americans and that society, the Collective, is best served if Americans are disarmed, even if that means that the lives of individuals in that society will be placed in danger therewith. What in fact does it even mean to say that it is okay to lose a few innocent lives through the disarming the citizenry if the greater society, the greater Collective, the greater Hive, is secure? If a Left-wing extremist argues that the well-being of ten lives are worth more than the well-being of one, what is the sanctity in numbers if not for the individual? And, how, for that matter, is one better served to have lost his or her life for having not had the effective means a firearm provides to secure it, to be told that his sacrifice is an acceptable loss because the Collective, the Hive has been better served thereby? Really. If the antigun New Progressive Left proponent doesn’t give a damn about the sanctity of the individual, where is the sanctity found in numbers alone? And, why should that Collective, that Hive even bother to exist at all, that the multitude is nothing more than expendable fodder anyway? Who, then, or what, then, is better served? And, is everyone truly in the same boat, abjectly defenseless? What about those policy maker and billionaire elites who live behind gated communities, and who travel in armored vehicles, with a contingency of armed guards? “Oh,” the hoi poloi is told, “they are the queen bees!” “Their lives are worth so much more than yours!” How so? That the New Progressive Left so decrees THAT to be so? But, how does that idea square with the notion that the antigun New Progressive and Radical Left and cares about securing the life, safety, and well-being of Americans, when their Collectivist and Utilitiarian Consequentialist precepts dictates quite clearly that they don’t give a damn at all? It is all just empty words! In fact, the ethical, political, and social position of the New Progressive Left is bankrupt. We see that in the fact that the New Progressive Left supports late term abortion. They don’t care about the most innocent of human life, so it is highly doubtful that they vouchsafe care about ten or twenty, or a hundred, or a thousand, or ten thousand or a hundred thousand lives. Reducing life to mere numbers reduces to absurdity the New Progressive Left’s concern about the value of human life at all. These people are simply masters of emotional rhetoric. Phrases like, military styled assault rifle,’ and ‘weapon of war,’ and ‘high capacity magazine,’ are emotionally charged, deliberately deceptive phrases, intended to and calculated to spark a feeling of unease in the target audience: the American public, thereby making the public receptive to bans on any firearms and any gun components that fall into the named categories. But, the fact that they really don’t care about the life of individuals is reflected in their policy stances on immigration and abortion, as well as on the matter of firearms ownership and possession. Hence, any argument they make even if superficially plausible is vacuous, because the basis for it concern for human life, really doesn’t exist at all. It is just a platitude, a makeweight, a sad, disturbing ruse.
SECOND PRONG: ENCOURAGE EVERY STATE TO ENACT “RED FLAG” LAWS
This restrictive gun policy objective entails expanding the list of individuals who are not permitted to own or possess firearms. New Progressive Left Democratic Party candidates for U.S. President—namely, the front runners—all support across the board State enactment of so-called “Red Flag” laws. Several States have already enacted such laws, and all of them either directly infringe the Second Amendment or otherwise come dangerously close to doing so and certainly impinge upon one's exercise of the Second Amendment right of the people to keep and bear arms. Although the text of these laws as they presently exist in those jurisdictions that presently have them, or that are otherwise in the process of enacting Red Flag laws or considering enacting Red Flag laws, do vary from State to State. But, all of these Red Flag laws have one defining characteristic: they all operate ex parte. What does that mean? It means that Courts conduct hearings where only one party to the action is present at the hearing, namely the party who is attempting to obtain a Court order against another party who is not initially present at the Court hearing to defend his interests. The interest at stake here is retention of one's personal property, namely, one's firearms. In an ex parte hearing, under Red Flag laws, one party, or side, at the hearing seeks a Court order requiring the other party, who isn't present at the hearing, an American citizen who has committed no crime but whom the accuser is claiming is nonetheless dangerous because that person has firearms in his or her possession,. to surrender those firearms to Governmental authority. Thus, the accuser is seeking the removal of that person’s personal property, that person’s firearms— prior to the affected party’s ability to present a case in his or her defense, who would obviously wish to keep his personal property but cannot do so because the affected party has no opportunity to confront the accuser until some point subsequent to the actual removal of the person’s personalty, their firearms, assuming the Court issues an order requiring the surrendering of weapons to Governmental authority. It is only after the fact, the removal of the firearms--the personal property--takes place, that a hearing is conducted where both sides are present and the party, against whom the action was taken, attempts to make a case for restoration of his personal property. All of these “Red Flag” laws, play on some variation of this theme and all of them impinge upon or are in danger of impinging upon the due process clause of the Fourteenth Amendment. So, all of these "Red Flag" laws are Constitutionally suspect and they all should be scrutinized before enactment to see if they pass Constitutional muster. But, that never happens. The question is do we really need these laws to protect society from the possibility of danger. And that notion of 'possibility' is a red herring. We would ask: How “possible” is that possibility of danger, and how do we know that a person, whomever it is that may target a person’s firearms, is doing so with an honest motive. And even if the accuser has an ostensibly honest motive for bringing action against a gun owner, forcing a person to forsake his personal property by Court order, under a State’s “Red Flag” law, the machinery of justice is, for all that, moving against a person who has committed no crime. The Court is faced with the dubious task of rendering an adverse decision against a person without having actually met with the person and therefore has no opportunity to conduct and to preside over an adversary proceeding to which all American citizens are entitled. Ex parte proceedings are, not surprisingly, frowned on in the law, as they are by nature, contrary to our Nation's sacred jurisprudential principles. Generally, a full adversary proceeding can and should be conducted. Likely, we would see that the person who is making a claim against individual without having to confront that person in open Court, would think twice about the danger presented, if a full adversary hearing were conducted. But, suppose the danger is imminent or appears to be truly imminent. In that event, every State has mechanisms by which a person can request a Court to order a personal protection order against that person who is deemed a threat. That too is handled ex parte, and a Court if convinced that a threat is imminent could certainly issue an ex parte order requiring of the person who is deemed a threat, to relinquish his or her firearms if they have any. Thus, Red Flag laws don’t do anything that personal protection orders don’t already accomplish except they make it easier for more people to make spurious, specious claims against people, often for ulterior motives, and yet avoid having to face the consequences for making those false claims, as Red Flag laws do not generally, if not invariably, provide a mechanism through which a person wrongly targeted can bring action against his or her accuser.Secondly, under federal law, 18 U.S.C § 922(g) and (n), individuals, including those convicted of felonies and those who had been institutionalized for mental illness, are not permitted to own and possess firearms anyway unless they obtain a certificate of relief from disability. Red Flag laws operate as a backdoor for expanding the domain of individuals not permitted to own or possess a firearm. Since antigun proponents denounce out-of-hand the right of the people to keep and bear arms, it should not come as a surprise that they would look for seemingly plausible ways to expand the domain of people considered unfit to own and possess firearms beyond those categories that already exist in federal law, claiming as they always do, that what motivates them is the desire to protect society when that is patently untrue. What really motivates these people is a desire to reduce the Second Amendment to a nullity, under the pretext that they give a damn about the life, safety, and well being of others. But they don’t because they don’t recognize that a person has a right of self-defense and don’t care that a firearm is the best means by which a person can effectively defend themselves against attack; and as they place their faith in Government to control the masses, and don’t trust the citizenry, their entire view of man and man’s relationship to Government and to each other is the obverse of that of the founders of our Nation. The Second Amendment isn’t consistent with the tenets of Collectivism.
THIRD PRONG: "EXPAND" GUN BACKGROUND CHECKS
Expanding background checks, delaying the purchase of, trade, or resale of guns and gun paraphernalia is merely another 'muscular' attempt to slowly whittle away at the true efficacy of the right codified in the Second Amendment. It is merely another mechanism to reduce the right of the people to keep and bear arms to a nullity. It need hardly be said that most criminals don’t obtain their firearms lawfully. They either steal firearms or obtain them on the black market or through straw purchases all of which are illegal, If the stated purpose is to close what antigun proponents point to as loopholes, then let’s take a look at those purported loopholes. One concern mentioned is that people don’t have to go to the holder of an FFL to obtain a firearm if one purchases a firearm directly or if a person purchases a firearm from another person at a gun show, where laws are not enforced. Well, actually they are. No one is permitted to sell, trade, or otherwise dispose of firearms without complying with federal law and applicable State law. Purchases through the internet have to be made through the intermediary of a person holding an FFL. Purchases at gun shows are usually made through a holder of an FFL directly as are purchases made at a retail gun store where the sellers would be required to have an FFL, and possibly a State gun license as well. What about private sales at gun shows? Well, sellers of firearms are still required to comply with the law. No one is permitted to dispose of a firearm to an individual who is prohibited from federal law from possessing a firearm. Antigun groups like to argue that “gun” people are unscrupulous. Well, no they aren’t. Law-abiding gun owners are the most scrupulous of American citizens. See NRA discussion on thisThe antigun New Progressive Left, viewing gun ownership as evil, doesn’t draw a tenable distinction between law-abiding gun owners and criminals. But, this should come as no surprise. The Progressive New Left conflates the two groups, illegal aliens and legal immigrants, to make the spurious argument that President Trump is against immigration. No he isn’t, and never was. During his campaign he pointed out over and over again that what he does oppose is “illegal immigration.” The Progressive New Left seems to have amnesia about this. The President’s immigration policies since holding Office are systematize and streamline legal immigration, and to get a handle on illegal movement of people and drugs across our Nation’s borders that, for decades Congress has failed to deal with. And, so, the problem has worsened through the years, becoming virtually impossible to manage now. And President Trump is receiving no more assistance from Congress now, than had any President before him. He is not suggesting anything unusual. Other Countries control their Nation’s borders. Consider Canada for example. Why should our Nation be different?While blasé about controlling illegal traffic across our Nation’s Southern Border, it is wondrous strange that the antigun Progressive New Left is so particular about clamping down on the law-abiding citizen’s wish merely to exercise his right to keep and bear arms without being plagued by hundreds of extraneous laws drawn up merely to frustrate and oppressive the gun owner. The instant gun background check program has worked fine. Instances of so-called “mass shootings” are few in number and pale into insignificance when compared to the daily shootings due to criminal misuse of firearms. The Progressive New Left seems to be little bothered by that, only drawing attention to, and with great fanfare, the use of a firearm by the occasional lunatic who goes off half-cocked. And their answers are directed not to dealing effectively with those sorry souls, but for tens of millions of innocent, average, law-abiding, rational, responsible individuals.
FOURTH PRONG: IMPLEMENT GUN "BUYBACK" MEASURES
Gun buybacks fall into two categories. One category utilized by various Cities in the past is “gun buybacks” as voluntary program that antigun politicians draw out of the closet now and again merely as a political stunt. These buybacks are directed, of course, not to the psychopathic killer, common criminal, or to those few individuals who suffer from psychoses that truly represent a danger both to themselves and others abd then goes off half-cocked. No! These gun buybacks are directed to the average, law-abiding, responsible gun owner. But, not surprisingly, gun owners who take part in these programs do not surrender expensive firearms, but, rather, old, probably inoperable firearms. Even the liberal weblog, Trace, admits that the truly voluntary “buybacks” don’t work to lower crime rates, as criminals don’t take part in these programs. Why should they? And, those individuals who do surrender firearms to police authorities for a few bucks aren’t people who misuse firearms anyway. So, then, what seemingly plausible basis is there for these buyback programs? The implicit, but false, assumption, is that by reducing the number of guns in the public domain that will, ipso facto, reduce “gun” violence. Yet, that idea, on its face, is ridiculous, and not simply due to the volume of firearms in the public domain, if that is a sound factor for accounting for “gun violence” anyway because, again, the people who take part in the program are not those who commit crimes with guns—or with any other implement for that matter. So, this category of gun buybacks is at best, a poor solution to resolving the problem of criminal violence and, at worst, it is a cruel hoax, designed to give some ignorant Americans the feeling that Government is doing something effective about crime rates in some urban areas when it really isn’t and is simply a “smoke and mirrors” scheme to create the false impression that Government truly cares about providing a safe and secure City environment for the public, when Government doesn’t really give a damn at all. Antigun groups and antigun politicians are aware of this, of course, but in rebuttal, simply assert that gun buyback programs do work, especially those that are structured properly. The website gunxgun.org, an antigun site, that, curiously, says virtually nothing about itself and, we surmise, is likely a vehicle of large well-funded antigun groups seeking to jump start grassroots efforts to assist them in their agenda, undermining the Second Amendment, to acknowledges that, on a macro level, namely, in the public domain, these gun buyback programs, to date, don’t make communities any safer. What the site does say is that, homes are safer, once firearms are removed from the home: no guns in the home means no gun violence. Well, that point is true, but only trivially so. For, this doesn’t mean people prone to violence in the home won’t or can’t find the means to injure or kill another human being whether a gun is the implement of harm or some other implement. But, what is really interesting about the comment is the implicit point made that is a running theme through all attempts to impose on the public more and more draconian gun schemes. The running theme is that the citizenry cannot be trusted; that all people are potentially a danger both to themselves and to others, and that society as a whole is safer and more secure if firearms are removed from the homes. But, what of the obverse? Aren’t particular individuals in the community thereby made less safe having lost the most suitable means available to secure both their life and that of their family, namely that a firearm provides? The fact of the matter is that the antigun New Progressive Left cares little, if at all, for the well-being and safety of individuals in society. They are only interested in protecting the wealthy, and well-connected and powerful. For these people—people who ascribe to the tenets of Collectivism—perceive our Country, our society, as an ant colony or bee hive. As long as the greater Collective, the Hive, is secure—meaning that as long as they, “the elite” of society are safe and secure—that is all that truly matters. They view the mass of society, the Hoi Poloi, as expendable. That is the inference to be drawn from their policy goals. For all their talk about concern for the masses, including illegal aliens—even those who are acutely dangerous to the life, health, safety, and well-being of the citizenry—the New Progressive Left cares little for the sanctity and inviolability of the American citizen. They seek to control all thought, and all conduct, to treat everyone equally—that is to say, subjugated, submissive to the will of the State, the Government, a Government they control. The New Progressive Left’s vision for our Nation is the antithesis of that of our founders. It is little wonder then that these people attack their memory, demolish our monuments, and seek to erase our history. The Second category of gun “buyback” programs and one championed by Democratic Party nominee for U.S. President, Eric Swalwell, and a signature component of his campaign before that campaign came to an abrupt end, isn’t a gun buyback program at all. It’s a confiscation scheme, similar to the infamous gun confiscation schemes employed by the Australian and New Zealand Governments, neither Government of which recognizes the fundamental, unalienable, immutable right of its citizens—really subjects—to keep and bear arms. What Eric Swalwell championed, and what Democratic Party nominee for U.S. President, Joe Biden, has taken up is a antigun policy measure mandating that the American public surrender any and all firearms that the Government deems unsuitable for public ownership and possession and which it places under the banned category of ‘assault weapons,’ which means, as we, at the Arbalest Quarrel, have known all along and as we have heretofore so stated on our website: the eventual confiscation of all semiautomatic firearms. The expression, ‘buyback,’ always a misnomer, is, as conceived by and mentioned by Joe Biden and, in fact, as understood and desired by the Democratic Party Progressive New Left, not a buyback at all, under any reasonable interpretation. It is a blatant gun confiscation scheme scarcely cloaked as a “gun buyback.” The program as envisioned isn’t voluntary. It’s mandatory. As conceived, and as it would likely be implemented either by any Democratic Party New Progressive Left—if that Candidate is elected U.S. President—any firearm designated by the New Progressive Left to be an ‘assault weapon,’ would be illegal. Any American citizen who presently has one or more such weapons would be required to surrender them to Governmental authority. If the Democratic Party controls both Houses of Congress we can expect Congress to enact mandatory gun confiscation, along with other draconian “muscular” laws. If the Republicans retain control of the Senate, mandatory confiscation is unlikely to be enacted. But, if a Democrat secures the U.S. Presidency, the American public may very well see a flurry of executive orders operating as law, and accomplishing, then, the same thing as a Congressional enactment. Kamala Harris has threatened to issue just such an executive order were she to secure her Party’s nomination and then secure the Presidency. Such law or executive order would be immediately challenged. A mandatory gun confiscation scheme amounts to an illegal taking under the Fifth Amendment’s ‘just compensation’ clause as semiautomatic weapons--essentially every weapon, now, that the New Progressive Left lumps under the fictions of 'assault weapons' or 'weapons of war'--manufactured by reputable companies like Smith and Wesson, Colt, Sturm Ruger, Beretta, Sig Sauer, Heckler and Koch, Remington, and many others, all of which produce extremely well-designed and engineered products. These firearms cost, on the retail market, several hundred and even several thousand dollars. A gun confiscation scheme would not provide just compensation for these firearms. A gun confiscation scheme would also, and obviously, infringe the Second Amendment. And such a gun confiscation scheme would infringe the Searches and Seizures clause of the Fourth Amendment. The gun confiscation scheme targeting semiautomatic weapons would impinge on both the Equal Protection and Due Process clauses of the Fifth and Fourteenth Amendments. Even the Freedom of Speech clause of the First Amendment would be implicated and violated as well. But, then, the New Progressive Left doesn’t give a damn about the Bill of Rights, and never did. It is all sham for them to even suggest that they do. But, if it should come to pass the New Progressive Left does take control of Government--both Houses of Congress, and the U.S. Presidency-- the American citizenry will see Government imposing a flurry of unconstitutional, unconscionable gun restrictions on the American citizenry such as this Nation has never seen before. The New Progressive Left intends to force their new vision of America on the Nation, a vision diametrically opposed to that of our founders, the framers of our Constitution. And the New Progressive Left will commence with an attempt at de facto destruction of the Second Amendment. The founders of our free Republic would not abide this; and those of us who believe in our Nation as a Constitutional Republic, where the American people, the citizenry, are the ultimate sovereign of their Nation, not Government, and where Government was created to serve the people and not the other way around, should not abide this occurrence either, and most likely, won't.When firearms are removed from average, law-abiding, rational citizens in violation of Due Process requirements, and when those American citizens, for whom draconian gun laws do not preclude gun ownership and possession, are oppressed by complex gun registration requirements making gun ownership and possession an increasingly difficult, time-consuming and expensive process, and when guns are treated less like personal property and more like State owned property that Americans can only rent for use at a particular time and at a particular place, after which guns must be returned to the State, to be secured and stored, then it should be clear to all Americans that the goal of gun control is not public safety and never was. The goal is population control and always has been.__________________________________________________________
RADICAL LEFT FRAMES FALSE SMOKE AND MIRRORS ISSUES: “GUN VIOLENCE’ AND ‘GUN CONTROL’ TO ADVANCE ITS ANTI-SECOND AMENDMENT AGENDA
PART FOUR
It would not be impossible to prove with sufficient repetition and a psychological understanding of the people concerned that a square is in fact a circle. They are mere words, and words can be molded until they clothe ideas and disguise.” First quotation ~ Joseph Goebbels, Reich Minister of Propaganda, Nazi Germany, 1933-1945“The most brilliant propagandist technique will yield no success unless one fundamental principle is borne in mind constantly— it must confine itself to a few points and repeat them over and over.” Second quotation~ Joseph Goebbels“The basic tool for the manipulation of reality is the manipulation of words. If you can control the meaning of words, you can control the people who must use the words.” ~ Philip K. Dick, Twentieth Century American author; prolific writer of science fiction and winner of prestigious Hugo award for best novel: “The Man in the High Castle,” published in 1962It should be evident to President Trump and to Congressional Republicans that all these calls for further gun restrictions, many of them coming from all of the leading Democratic Party Candidates for U.S. President—Joe Biden, Elizabeth Warren, Bernie Sanders, Kamala Harris, Amy Klobuchar, Cory Booker, and Pete Buttigieg—are evidence of a personal bias against guns generally, and against civilian gun ownership particularly; and all of them vying for a chance to impose their Marxist/Socialist agenda on the entire Nation.Every one of these people clamors for further gun background checks, enactment of “Red Flag laws,” and bans on so-called “assault weapons,” and so-called "gun buybacks." Not one of these people has the least interest in securing, preserving, and strengthening the Second Amendment. To the contrary, they all wish to dispense with the Second Amendment altogether, and their gun control measures are clear evidence of that, and their recent pronouncements on the subject make that fact abundantly clear. A slippery slope to Armageddon is not fallacy here. Prima facie evidence exists for this conclusion. De facto repeal of the Second Amendment is the goal of the New Progressive Left.The New Progressive Left seeks nothing less than a complete transformation of our Nation into a Marxist/Socialist State, and they have been appealing to the public to make that nightmare a reality.The present crop of Democratic Party candidates for U.S. President know that the transformation sought isn’t tenable as long as the public does in fact keep and bear arms and they mean to change that; to change public attitude toward guns and toward self-defense by means of guns; and, with the Press, with whom these New Progressive Left candidates have an incestuous relationship and with whom they are constantly collaborating, in an attempt to control the running narrative of solving “gun violence” with a new wave of “gun control measures,” we see the New Progressive Act employing a massive Psy-Ops campaign against Americans, inserting memes into the psyche of the citizenry: ‘guns are evil,’ ‘guns cause crime,’ ‘civilized people don’t need guns and don’t want them,’ ‘guns turn good people into bad people,’ and so on and so forth.But, the issue of ‘gun violence’ is nothing more than a fiction, a straw man devised and concocted out of whole cloth by public relations firms for their client, the antigun New Progressive Left. This straw man created is diabolical in the conception, cunningly employed in practice. The New Progressive Left uses this straw man to deliberately draw attention of the public and Congress away from the two truly legitimate issues: the causes of ‘societal violence’ and the perpetrators of it. By framing the issues in the way it does--on implements of violence, rather than on the root causes of violence and on the perpetrators of violence, the New Progressive Left forces Congress and the public to focus attention on a false issue, ‘guns' per se--'gun violence'--as if the gun itself was the perpetrator of violence. But, there is method to the New Progressive Left's madness: An all-consuming obsession with undermining the Second Amendment; wasting tax dollars pursuing a bugaboo that the radical Left itself had evoked; and deliberately fomenting anger and resentment in the public, in furtherance of its own misbegotten and loathsome agenda. The New Progressive Left, by sleight of hand, conveys the impression that the true threats to society are guns, gun owners, the Second Amendment, the NRA, and firearms manufacturers, notwithstanding that the true threats to societal equanimity and serenity fall squarely on the New Progressive Left itself and on those who sympathize with their agenda: the Hollywood producers who create films that glorify killers and their misuse of firearms, and the radical political Left-wing Hollywood actors who portray these killers, even as they bemoan guns and demean law-abiding gun owners and the NRA off camera; the software programmers, creators of thousands of gruesome video games; and the technology industry whose new and ever evolving products serve, increasingly, to induce human beings to spend more time in the world of virtual reality rather than in the real reality, cultivating real relationships and real human interaction. In fact the New Progressive Left, is directly responsible for creating the environment in which societal violence is nurtured and in which that violence is allowed to grow and flourish. The New Progressive Left does this through the constant vitriol it spouts and the false dichotomy it has conceived--a society of victims and victimizers. It has created a false dichotomy in attempt to foment the very violence it disingenuously tells us it seeks to curtail and that, it claims, deceitfully, would be curtailed, if only the citizenry would surrender its firearms--all of them, as if "the gun" is the root of problem of society, when the root problem, rests, of course, in the disease that is the New Progressive Left itself and in those radical, anarchist elements in society who desire to tear down the very framework of a free Republic that the founders lovingly gave to us. The radical Left elements and anarchists are the rot and cancer that must be cut out, but the New Progressive Left diabolically focuses the public's attention away from itself and directs the public's attention on the healthy tissue of society, our Nation's Constitution, urging excision of great portions of the Constitution, commencing, not unsurprisingly, with the Second Amendment--suggesting major changes, involving a general weakening of the other natural, fundamental, and immutable rights; and these unspeakably evil, ruthless elements, are calling for, nay, demanding a major reworking of the Articles of the Constitution. And, many members of the polity have, unfortunately, been seduced by the sanctimonious bellowing of these radical Left elements, and many members of the polity have bought into this dangerous nonsense. How is it that many members of the polity have been seduced?Through use of military techniques of psychological conditioning and brainwashing, the New Progressive Left controls public opinion, and seeks to force Congress to bend to its will. The New Progressive Left has deliberately created a toxic environment throughout the Country, creating division among the polity, fomenting violence, all in an attempt to exert pressure on Congress; to extort concessions from Congress that serve the interests of the Progressive New Left, and not the interests of the public. Through deliberate deception, the New Progressive Left eggs the public on in a naked attempt to cajole both the U.S. President and Congressional Republicans to enact further gun control laws that the President and Congressional Republicans know full well are not in the best interests of the public; are antithetical to the import and purport of the Second Amendment; and are detrimental to the preservation of a free Republic. But how many citizens have fallen prey to the constant, pounding of the deceptive messaging of the Radical Left elements and the Radical Left Press? How many Americans have really jumped on the antigun bandwagon? How many of them have been unconsciously and unconscionably manipulated into fully accepting such ludicrous, outlandish antigun, Anti-Second Amendment policy proposals? How many Americans have been reduced to raging, uncontrollable beasts, the acolytes of the New Progressive and Radical Left politicians, those laughing hyenas and jackals, sitting in their lofty perches, spurring the doting lemmings on and over the cliff. Apparently, all too many Americans have been seduced. Radical shock therapy may be necessary to draw these Americans out of their brain-induced stupor.___________________________________________
DEMOCRATS AND THE PRESS URGE CONGRESS TO ENACT NEW RESTRICTIVE GUN LAWS TO FURTHER RADICAL LEFT AGENDA
PART FIVE
In an article posted in The New York Times, on September 2, 2019, titled, “Congress Faces Fresh Urgency On Gun Laws,” the Times is pressing Congress to cave to the frenetic urging of the Leftist antigun crowd, hell-bent on further weakening the Second Amendment, having found an opening in the recent spate of random shootings that occurred in El Paso, Texas; Dayton, Ohio; and, now, Odessa, Texas; exploiting these tragedies, appealing to emotion, rather than to reason, employing the informal logical fallacy of ad misericordium, a fallacy well known to the ancient Greeks: the fallacy of appealing cunningly to pity, misery, and sympathy--playing on the public's emotions, rather than appealing to the public's reason, to obtain the goal, an unarmed citizenry that, if that should come to pass, will not secure public safety, but will endanger the life and safety of the citizenry and will be an open invitation to tyranny. Where will appeals to pity and sympathy for Americans rest, then?Extremist elements are hammering Congress to enact, first and foremost more gun background checks, even as the New York Times acknowledges in its own story that: “In fact, whether a background check would have prevented the West Texas gunman from acquiring his weapon is not known. Chief Michael Gerke of the Odessa Police Department said the gunman, who had been fired from a trucking job, had used an AR-15-style rifle, but had a criminal record. It was not clear on Sunday whether the gun had been acquired legally, and the authorities stressed that they had not established a motive.”What is deeply disturbing, perplexing and distressing is that President Trump seems to be allowing himself to be caught up in the frenzied emotion of the moment, seeming to give in to moronic emotional, irrational rhetoric, spawned by another convenient shooting incident. We say this because President Trump has himself resorted to using the same language of the antigun zealots, such as “common-sense” gun laws; and “really common-sense sensible, important background checks” as he appears to be considering the proposals coming from U.S. Presidential Democratic Party candidates. The New York Times details all of this in its typical tabloid fashion, using colorful adjectives and inapt language, like, ‘gruesome,’ and ‘ massacre,’ and ‘assault weapon,’ and ‘powerful gun rights lobbying group’—which emphasizes the NY Times own personal distaste for guns generally; its abhorrence of civilian ownership of guns particularly; and its hatred of the NRA, singularly and emphatically. The article, appearing in the national news section of the paper, reads more like an Op-Ed piece than a news story. But, then, from the content of New York “news” reporting today it is clear that no efficacious distinction exists any longer between the reporting of news and opining about it. The use of Section Headings in the newspaper are superfluous, and need no longer exist, but the paper keeps up the pretense, obviously to confuse its readers into believing that what they take for fact is merely personal value judgment, and what they take for personal value judgment is fact and, as between the two, the way the world is and a normative account of the way the world ought to be is, ultimately, the same; that there is no appreciable difference--as fact and value judgment are one and the same so, that, as what is reported as news and expounded upon in the same news story is, in fact, all news, an exposition of and on reality, on the way things are. And, so the seditious Press tries to make its case against guns and civilian gun ownership, as it always, does as the following purported story illustrates. The NY Times “reports/opines”:“The deadly shooting spree in West Texas this weekend — the latest in an especially gruesome summer of massacres — has intensified pressure on congressional Republicans to take up gun safety legislation, giving fresh urgency to a debate that was already expected to be at the top of lawmakers’ agenda when they return to the Capitol next week.The attack in Midland and Odessa, Tex., which left seven dead and 22 wounded, comes weeks after a 24-year-old gunman with an assault weapon killed nine people in Dayton, Ohio, in early August. That massacre, hours after one that killed 22 people at a Walmart in El Paso, thrust gun violence into the Washington debate just as Congress left town for its annual August recess.President Trump expressed new openness to gun safety laws — including, he said then, “really common-sense sensible, important background checks” for gun buyers — and Senator Mitch McConnell, the Republican leader, promised a Senate debate. But in the weeks since, with lawmakers scattered across the country in their home districts, the issue seemed to drift from public view.Now it has come roaring back, with Congress set to return on Sept. 9. At a briefing about Hurricane Dorian at Federal Emergency Management Agency headquarters on Sunday, Mr. Trump, who has a record of flip-flopping on gun safety, pledged to find a way to “substantially reduce” mass shootings. But he earlier appeared to dismiss background checks, telling reporters that “they would not have stopped any of it.”Behind the scenes, in the wake of the El Paso and Dayton shootings, White House officials have been quietly engaged in bipartisan talks with senators who support expanding background checks and so-called red flag laws. The laws make it easier for law enforcement to take guns from people deemed dangerous by a judge who issues a special type of order, called an “extreme risk protection order.”Senator Richard Blumenthal of Connecticut, said in an interview on Sunday that the two sides still seemed far apart. Mr. Blumenthal said much would depend on whether the president, who has been consulting with the National Rifle Association, was willing to stand up to the powerful gun rights lobbying group.‘I think there is a sense that the American people just desperately want something to be done, and they have to respond to that imperative,’ he said, ‘but are so far nowhere near crossing the Rubicon to stand up to the gun lobby and the N.R.A. as far as I can tell.’”________________________________________Thank you, New York Times, for working diligently and tirelessly on behalf of the Marxist/Socialist new world order. Profuse thanks for once again misleading the American people, spinning elaborate fairy tales about the horrors of guns and “gun violence,” and about that evil, “powerful gun rights lobbying group.” And what is this all for?” We know the answer; you don’t have tell us. You have written a collection of Grimm’s fairy tales—grim indeed—dedicated to the cause of bringing the United States into line that it may be included in the serried ranks of the EU. To accomplish that, you are doing your part to first achieve the penultimate goal. So, kudos to you. And, what is that penultimate goal? It is to deny to the American people the ability to exercise their fundamental right to keep and bear arms; of course it is!And, what is the ultimate goal of the Marxist/Socialist new world order? You don’t have to tell us because we know the answer to that question too. Once the American citizenry is effectively disarmed, the Marxist/Socialist dystopian dream—the dismantling of a free, Constitutional Republic—can proceed, unimpeded by a disaffected, unruly and restless, and rebellious American citizenry. Whatever is then left of our Nation can then be thrust into the framework of a new transnational political, social, economic, and cultural system of governance. Quite an accomplishment, that!But, you might want to ask the founders of our Nation, those who risked their lives and well-being to realize their vision of a free sovereign people, living in a free Land, what they happen to think of your new world order you have planned for a new generation of Americans, existing subjugated and subservient to foreign taskmasters. We suspect they would be less than delighted; less than thrilled with the transformation of our Nation into a despotic wasteland. And, we suspect they would be less than overawed at seeing our Nation and the American people controlled with rein, and bridle, and whip by foreign overlords, riding roughshod over them.___________________________________________________________
PRESIDENT TRUMP AND CONGRESSIONAL REPUBLICANS MUST NOT BE PUSHED INTO COMPROMISING THE SECOND AMENDMENT
PART SIX
“A general dissolution of principles and manners will more surely overthrow the liberties of America than the whole force of the common enemy. While the people are virtuous they cannot be subdued; but when once they lose their virtue then will be ready to surrender their liberties to the first external or internal invader.”~ Samuel Adams, American Statesman, political philosopher, and one of the founding fathers; from his letter to James Warren, February 12, 1779“Are we at last brought to such humiliating and debasing degradation that we cannot be trusted with arms for our defense? Where is the difference between having our arms in possession and under our direction, and having them under the management of Congress? If our defense be the real object of having those arms, in whose hands can they be trusted with more propriety, or equal safety to us, as in our own hands?” ~Patrick Henry, American Attorney and a Founding Father; and famous Antifederalist; quotation from “Debates in the Several State Conventions on the Adoption of the Federal Constitution” Note: the Antifederalists demanded that Man’s natural rights be codified in a Bill of Rights and that the Bill of Rights be formally incorporated into the U.S. Constitution. The Federalists thought that a formal codification of natural rights, since preexistent in Man (both Federalists and Antifederalists took as self-evident the veracity of certain rights bestowed on man by the Divine Creator) was unnecessary, as the powers of a Federal Government were to be limited; all other rights and powers retained by the States and the people. The Antifederalists feared that Government would not be held properly in check unless those serving in Government were constantly reminded of the fact that the citizenry would be armed. The Second Amendment of the Bill of Rights serves as that reminder—a painful thorn in the side of the Radical Left elements today that are forced to deal with it. Circumstances of the present day aptly demonstrate the Antifederalists concern to be acutely and eerily prescient. Fortunately for us, the Antifederalists won the day, and the Constitution was ratified with a set of the quintessential natural rights etched in stone, an integral part and the most critical part of the U.S. Constitution.“This may be considered as the true palladium of liberty. . . . The right of self-defense is the first law of nature: in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Wherever standing armies are kept up, and the right of the people to keep and bear arms is, under any color or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.” ~St. George Tucker, Blackstone's Commentaries on the Laws of England, 1803The Democratic Party Leadership, Chuck Schumer and Nancy Pelosi, say they are willing to work with President Trump, as reported by The New York Times. Isn’t that nice! We would advise the President and Congressional Republicans to be extremely wary of the overture coming from those two.In the article published in The New York Times on September 16, 2019, titled, “Schumer and Pelosi, Talking to Trump, Try to Sweeten the deal.” The Times reports that,“The top two Democrats in Congress, seeking to ramp up pressure on Republicans to pass legislation extending background checks to all gun buyers, told President Trump on Sunday that they would join him at the White House for a “historic signing ceremony at the Rose Garden” if he agreed to the measure.The offer, made by Speaker Nancy Pelosi and Senator Chuck Schumer of New York, the Democratic leader, during an 11-minute phone conversation with Mr. Trump, comes as the president is considering a package of measures to respond to the mass shootings that have terrorized the nation in recent months. The three spoke only about gun legislation, according to aides.Judd Deere, a White House spokesman, said in a statement that the conversation was cordial but that Mr. Trump “made no commitments” on a House-passed background checks bill that Ms. Pelosi and Mr. Schumer are urging him to support.Mr. Trump “instead indicated his interest in working to find a bipartisan legislative solution on appropriate responses to the issue of mass gun violence,” Mr. Deere said.Ms. Pelosi and Mr. Schumer want Senator Mitch McConnell of Kentucky, the Republican leader, to take up the bill, but the senator has refused to do so without knowing whether the president would sign it. ‘This morning, we made it clear to the president that any proposal he endorses that does not include the House-passed universal background checks legislation will not get the job done, as dangerous loopholes will still exist and people who shouldn’t have guns will still have access,’ their statement said, adding, ‘We know that to save as many lives as possible, the Senate must pass this bill and the president must sign it.’Their pressure continued a campaign on an issue that has dominated the political debate in Washington and on the Democratic presidential campaign trail since a string of mass shootings over the summer.A White House official, speaking anonymously to discuss internal deliberations, said on Sunday that the president had instructed his advisers to continue to work to find a range of policies that would go after illegal gun sales while protecting the Second Amendment, and expand the role of mental health professionals.”The President needs to be very, very careful suggesting to Schumer and Pelosi that he is conducive to entertaining a gun measure that, on its face, may seem narrowly tailored to constraining the criminal or dangerous lunatic but that can, and most likely would, operate as a backdoor to restricting exercise of the right embodied in the Second Amendment, for the population at large. He may find himself entangled in their antigun mythos. And, if so, he will find it exceedingly difficult to extricate himself from it. Clearly, Left-wing extremists, of which Schumer and Pelosi must be counted among them are desirous of controlling the law-abiding gun owners’ exercise of their Second Amendment right even as they claim only to be concerned with, or suggest that they are only concerned with reducing “gun” violence. But we are talking here of a population consisting of the criminal sociopathic element or dangerous psychotic element of society. Or are we? The Democrats aren’t really saying, and we’ve seen where all of this is headed, before. We know how this plays out; as it always plays out. The Democratic Party Leadership, along with more and more radical Leftist members of the Party, all of whom are taking their cue from members of radical Left-wing Socialist and Communist groups active in this Country, lurking in the shadows, ingratiating themselves with radical Congressional Democrats, have an agenda with items to tick off. One of the items, a key item, is to whittle away at the Second Amendment. An armed citizenry is an abomination for the Radical Left and New Progressive Left Democrats and for those operating closely with them, orchestrating policy. As they all abhor the Second Amendment, and they are fearful of an armed citizenry, these Radical Left and New Progressive Left Democrats will use every opportunity they can to constrain law-abiding citizens from exercising their God-given right to keep and bear arms. If they succeed, tyranny looms._____________________________________________________________
HOW PRESIDENT TRUMP AND CONGRESSIONAL REPUBLICANS SHOULD DEAL WITH DEMOCRATS WHO DEMAND MORE GUN CONTROL
PART SEVEN
“Ladies and gentlemen, attention, please! Come in close where everyone can see! I got a tale to tell, it isn’t gonna cost a dime! (And if you believe that, we’re gonna get along just fine.)” ~ Stephen King, American author of horror, fantasy, and the supernatural; first quotation from his novel, “Needful Things,” published 1991“There were people who lied for gain, people who lied from pain, people who lied simply because the concept of telling the truth was utterly alien to them . . . and then there were people who lied because they were waiting for it to be time to tell the truth.” ~Stephen King, second quotation from his novel, “Needful Things,” published 1991
PRESIDENT TRUMP AND CONGRESSIONAL DEMOCRATS MUST NOT BE PUSHED INTO NEGOTIATING WITH DEMOCRATS ON TERMS THAT DEMOCRATS CREATE.
THE PRESIDENT AND CONGRESSIONAL REPUBLICANS MUST CONTROL THE NARRATIVE; TAKE A STRONG STAND AGAINST PERPETRATORS OF VIOLENCE; AND STRENGTHEN THE SECOND AMENDMENT
If Government seriously wishes to deal with violence in society, we have an answer for the President and for Congressional Republicans. To begin, the President, along with House and Senate Republicans, should keep uppermost in mind that the issue that they are confronted with involves “societal violence,” not “gun violence.” For, construing societal violence as gun violence tends to create the illusion that societal violence equates with and reduces merely to a consideration of the existence of guns in society. Get rid of guns, so these Democrats will tell the American public and the problem of violence in society will take care of itself. But, that notion is simply false, and somehow suggests that Congress need not concern itself with the motives of a psychopath or dangerous psychotic in committing a violent act, but only with the implement a person prone to violence might happen to use to harm an innocent human being. And, on that score the concern is not with just any implement—a knife, a bomb, a truck, a hammer, a rope, an axe, one’s own hands, or anything else an evil or sick person bent on doing harm to an innocent person might conceive of using and then put to use—but with a very specific implement that the psychopathic criminal or dangerous psychotic lunatic might happen to use to commit a horrific act of violence: namely a firearm. That, of course, is ridiculous. Yet, reducing the issue of societal violence to gun violence compels one, say a medical researcher or legislator, to focus on the implement of violence rather than on environmental factors at work, along with the genetic markers, that predispose a person to engage in violence in first place. Indeed, the very fact medical researchers working for the CDC would waste research dollars focusing on “gun violence” is, in itself, singularly bizarre, as it compels fascination in the implement of violence a psychopath or dangerous psychotic might happen to employ in wreaking havoc, rather than on the state of mind of the psychopathic killer and of the dangerous psychotic that predisposes that person to commit an act of horrific violence in the first place. Yet, this is precisely what the Radical Left focuses on and what it would have the CDC spend time and money on. This is wasted effort directing medical researchers and legislators to chase after ghosts, and bugbears, and bugaboos. But, that is their intent, predicated on a false premise: that guns somehow predispose a person, any person, to commit horrific acts of violence. For, if true—and for those who have a phobia of or personal abhorrence toward guns, they would presume truth where none exists—the conclusion they seek, which is embedded in the premise, is preordained: the citizenry must be divested of its firearms.So it is that Radical Left Congressional Legislators constantly rant and rave over the scourge of “gun violence,” rather than on the real scourge in this Nation: “societal violence.” In so doing, these reprobates in Congress castigate the gun as if the inanimate object were the perpetrator of the violence, rather than the sentient being who happened to use the gun to harm innocent people. It is all a lie. A tale that Radical Left Congressional Legislators weave. These radical Leftists focus their attention on guns as the means to drive the debate and to drive passage of legislation directed to curbing gun ownership among tens of millions of average, responsible, rational, law-abiding, notwithstanding that it is these American patriots who own and possess firearms who can best thwart societal violence. By keeping public attention focused essentially on guns, rather than on the psychopathic or psychotic human agent who misuses guns, Congressional Democrats make clear their desire to enact laws targeting guns themselves and, by extension, targeting the vast majority of those who own and possess guns: the average, law-abiding, responsible, rational gun owner. The argument oft made by Democrats, either tacitly or expressly, is that gun violence is a function of the sheer number of guns that exists in the Nation and that since the vast number of guns are owned by law-abiding Americans, and not by the criminal or the occasional lunatic who goes off half-cocked, it is necessary to attack the volume of guns outstanding and that means attacking the millions of law-abiding citizens who own and possess them. But, one could more sensibly argue that, since the law-abiding gun owner does not commit the crimes that take place, it is illogical to conclude that the volume of guns outstanding is a legitimate factor in accounting for violence that ensues as a result of misuse of firearms as it is the relatively small population of criminals and psychotic lunatics who misuse firearms. So, it is those individuals who should be the focus of attention; not “the gun” nor the law-abiding, rational, responsible gun owner. After all, guns are not sentient beings. Guns don’t commit violence in the absence of a human agent.Radical Left anti-Second Amendment members of Congress, aided by a sympathetic Press, drumming nonsense about guns, fanning the flames of anger toward guns and irrational fear about them, are trying to draw you into the narrative about guns they have constructed. The President and Congressional Republicans must not for this. For the narrative constructed is a fairy tale, the purpose of which is to destroy the Second Amendment. The President and Congressional Republicans must not lose sight of this fact for a moment.The real issue that Congress needs to confront is how to deal with the perpetrators of violence. The mechanism that perpetrators may happen to use to commit violence—in some instances but not in all instances, and, in fact, not in most instances—the gun, does not address the underlying cause or causes of that societal violence, nor does it serve to deal with the perpetrators of it. So, it is a fruitless endeavor to go after “guns.” Guns are not the key to dealing with violence. The key to dealing with violence is to attend to the perpetrator of it and what drives that person to commit violence at all. Once you focus your attention on the right issue, you won’t be led astray into the Leftist narrative and you won’t be drawn into a morass, proposing solutions that don’t work and, quite frankly, are not meant to work to lessen violence in society. The anti-Second Amendment members of Congress only mean to lead Congressional Republicans astray. They intend to encourage Republicans to enact laws that serve the Radical and New Progressive Left’s own policy agenda, as dictated to them by American Socialists and Communists. What they all want to do is continually weaken the Second Amendment, until the right of the people to keep and bear arms is essentially nugatory, amounting to the disarming the tens of millions of average, law-abiding, responsible, sane Americans; utilizing the lowest common denominator in society, the psychopathic killer, the common criminal, and the dangerous psychotic lunatic to attain that singular objective. It should be manifestly clear to Congressional Republicans that the matter Congress should be addressing is how to minimize acts of violence in society and how to minimize such acts by those who seek to do violence, and that you should not be focusing attention on the mere tool that some of these dangerous elements in society use to effectuate that violence. The President and Congressional Republicans must make clear to radical Left-wing Democrats that the nature of the issue to be addressed is how to best deal with the dangerous criminal element in society and how best to deal with the dangerous psychotic element in society. These are the issues to be addressed; and these issues have nothing whatsoever to do with the issues that the radical Left-wing Democrats seek to direct Congressional attention to, if only obliquely: disarming the law-abiding citizen, and oppressing the law-abiding citizen who seeks to exercise his natural right to keep and bear arms. If the President and Congressional Republicans allow Democrats to frame the issues and, thus, frame the debate, the result attained will do nothing to curb violence in society and will do everything to leave the average, law-abiding, responsible, rational American citizen defenseless, and, at once, invite tyranny. But, the most disturbing thing of all is that the President and Congressional Republicans will have had a hand in all of this, unaware that they have been manipulated and played for dupes all along.
THE PRESIDENT AND CONGRESSIONAL REPUBLICANS MUST CONTROL THE "GUN" NARRATIVE; TAKE A STRONG STAND AGAINST PERPETRATORS OF VIOLENCE AND NOT AGAINST GUNS; AND STRENGTHEN THE SECOND AMENDMENT
The real issue to be confronted is how to deal with the perpetrators of violence. The mechanism that perpetrators may happen to use to commit violence, in some instances but not in all instances, and, in fact, not in most instances, i.e., the gun, does not address the underlying cause or causes of that societal violence, nor does it serve to deal with the perpetrators of it. So, it is a fruitless endeavor to go after “guns.” Guns are not the key to dealing with violence. The key to dealing with violence is to attend to the perpetrator of it and what drives that person to commit violence at all. Once the President and Congressional Republicans mist focus their attention on the right issue, to avoid being led astray into the Leftist narrative. Otherwise they will be drawn into a morass, playing the Democrats’ game, proposing solutions that don’t work and, quite frankly, are not meant to work to lessen violence in society. The anti-Second Amendment members of Congress only mean to lead the President and Congressional Republicans astray. They intend to encourage the President and Republicans to enact laws that serve the Radical Left and New Progressive Left’s own policy agenda: weakening the Second Amendment, disarming the tens of millions of average, sane Americans; utilizing the lowest common denominator in society, the psychopathic killer, the common criminal, and the dangerous psychotic lunatic to attain that singular objective. The President and Congressional Republicans must make clear to radical Left-wing Democrats the issues to be addressed and not allow radical Left-wing Democrats to compel them to address issues they wish for the Trump Administration and for Republicans to address. For the goal of Democrats is not the President’s goal or that of Republicans. The Democratic Party leadership and other Radical Left Democrats have only one goal in mind, even if they talk only obliquely about it: eventual total citizen disarmament.________________________________________
DEMOCRATS TREAT GUNS AS SENTIENT BEINGS AND THAT LIE INFORMS THEIR ACTIONS
PART EIGHT
“The rifle itself has no moral stature, since it has no will of its own. Naturally, it may be used by evil men for evil purposes, but there are more good men than evil, and while the latter cannot be persuaded to the path of righteousness by propaganda, they can certainly be corrected by good men with rifles.” ~Jeff Cooper, U.S. Marine, firearms instructor, and author of, “The Art of the Rifle”Guns are not sentient beings. They are no more the perpetrator of violence than a knife, bomb, or motor vehicle is the perpetrator of violence. The issue that Democrats want the Trump Administration and Congressional Republicans to deal with does not and never did have anything to do with guns, regardless of what those radical Left Democrats have said. They are setting a trap for President Trump and for Republicans if they even begin to think about negotiating with them over new restrictive gun laws. The salient goal of the Democrat Party leadership and of other Radical Left Democrats is to weaken the Second Amendment, not to preserve and strengthen it; and that salient goal has nothing to do with curbing gun violence, or curbing, for that matter, any violence. A Funny thing about that, though: one would think that all members of Congress would be doing their damnedest to preserve and strengthen the Bill of Rights—all ten of them. But, not all of them do. The Radical Left politicians seek to constrain and weaken the Bill of Rights. They seek to weaken the freedom of speech clause of the First Amendment. They seek to constrain and weaken the unreasonable searches and seizures clause of the Fourth Amendment. They seek to weaken the due process, equal protection, and just compensation clauses of the Fifth Amendment. And, they seek to disembowel the Second Amendment. And, when the Bill of Rights is gutted, our Free Republic will fall. But, placing that hard fact aside, we must ask: What really motivates Radical Left and New Progressive Left Democrats? Do they really seek to promote public safety and public order? Hardly! But, assuming for sake of argument that these Democrats do have public safety and public order in mind as the impetus propelling them to attack the Bill of Rights and, especially, to viciously attack the Second Amendment. At what cost are public safety and public order thereby secured? We know the answer to these question. There’s no reason to guess. The citizenry must forego exercise of the sacred right to keep and bear arms codified in the Second Amendment of the Bill of Rights. But, then, shall Americans truly forsake their fundamental, natural, immutable, and unalienable rights for purported public safety and public order that Democrats promise to give them in return for the sacrifice of those sacred, inviolate rights and liberties—sacred, inviolate rights and liberties that the founders of our Republic and framers of our Constitution had fought and bled for and gave their life to secure for Americans, thereafter and ever after, and that good, decent, patriotic Americans have since fought and bled for and gave their life to secure for each and every American? If the citizenry does forsake its God-given rights, then the citizenry forsakes the very mechanism by which and through which it holds a capacious and rapacious Government in check. This isn’t bare and base conjecture. This is hard fact. And, this is principal reason why the Second Amendment must always be robustly defended.President Trump and Congressional Republicans must not fall into the Democrats’ snare. For, Democrats view the issue of violence solely from the standpoint of a need to take guns away from citizens as they abhor guns and they abhor civilian gun ownership. And that fact has become more in evidence in recent weeks and months. Democrats don’t even pretend any longer to preface their remarks, as they once did, with the phrase: “of course we respect the Second Amendment.” Obviously, they don’t; and they never did. And, they have since doffed the mask to convey the illusion that they did care in preserving the Second Amendment. The Trump Administration and Congressional Republicans must not go down the path that Democrats are leading them. It’s a no-win situation for them if they do; it's a no-win situation for the Nation; it's a no-win situation for the people of our Nation; and it's a no-win situation for our Constitution.
CONGRESSIONAL REPUBLICANS MUST GET BACK ON TRACK IF THEY ARE TO REIN IN DEMOCRAT PARTY LEADERSHIP AND OTHER RADICAL CONGRESSIONAL DEMOCRATS
President Trump and Congressional Republicans must give no thought to the nonsense spouted by the Radical Left about the need for more restrictive, draconian gun laws: laws needlessly, mindlessly expanding background checks, and Congressional Republicans must give no thought to enacting unconstitutional national ‘red-flag’ laws, and laws that have, as their salient purpose, the removal of firearms—semiautomatic firearms, pejoratively and erroneously referred to as ‘assault weapons’ and ‘weapons of war’—that the anti-Second Amendment Left-wing extremists in Congress seek to confiscate from tens of millions of average, sane, responsible, law-abiding citizens. None of these restrictive gun proposals will work to protect innocent Americans. None of these proposals would ever work. And, here’s the kicker: none of these proposals was ever expected or truly intended to work! They are simply designed to whittle away the basic right, that is fundamental to the safeguarding of our Free, Constitutional Republic, and that is fundamental to what it means to be an American citizen. If President Trump and Congressional Republicans think that any one or more of these anti-Second Amendment gun measures would work to curb societal violence, and if they would even think of jumping on the bandwagon just to “play it safe,” politically, that would be one sure way to destroy their political futures. To play the game the radical Left Democrats want the President and Republicans to play means only that they have allowed yourselves to play into the hands of those forces in our Nation who seek nothing less than to destroy the very foundation of our Nation. They seek not to preserve the Nation, nor to preserve the life, safety, and well-being of Americans who reside in the Nation.
THE SUREST WAY TO DESTROY OUR FREE REPUBLIC IS TO UNDERMINE THE IMPORT AND PURPORT OF THE SECOND AMENDMENT
If someone wanted to destroy our Nation, the surest way to do so would be to undermine the Second Amendment. That, in fact, is what extremists in this Nation, seek to do; to reshape our Nation into something completely at odds with the vision of a free Republic that our founders sought to create and to preserve. Don’t Republicans see that? Can’t they see that? The founders of our Nation, the framers of our Constitution saw the possibility that the foundation of our Nation could be threatened as much by dangerous, rabid forces within the Country, as well from threats arising outside the Country They knew this to be true. That is why they placed the Second Amendment in the Bill of Rights of our Nation’s Constitution, creating a citizen army. And, contrary to what some may Americans may believe, including some jurists, most prominently, the U.S. Supreme Court Justice, Ruth Bader Ginsburg, and Retired Supreme Court Justice John Paul Stevens, the Second Amendment, along with other rights, comprising our Bill of Rights, are fundamental, unalienable, immutable rights—rights that exist intrinsically in man, and, as such, they are rights that predate the creation of our Nation as a free Republic. The Second Amendment is as important today as it was at the time of the ratification of our Constitution. Indeed, the Second Amendment may be more important today. For, the Democrats, controlled now by the New Progressive Left and other radical Left elements within the Party seek to transform our society beyond anything the founders of our Nation could imagine or foresee, except, perhaps, in their worst nightmares. They would be absolutely appalled to envision our Nation moving in the direction the leading Democratic Party candidates for U.S. President seek to drive our Nation toward: a Marxist/Socialist nightmare, if any one of them were actually elected to that high Officee.____________________________________________________
THE PRESIDENT AND CONGRESSIONAL REPUBLICANS MUST CONTROL THE NARRATIVE ON GUN ISSUES, AND THAT MEANS STRENGTHENING THE SECOND AMENDMENT AND DIRECTING ATTENTION ON THE PERPETRATORS OF VIOLENCE, NOT ON LAW-ABIDING AMERICANS WHO SEEK MERELY TO EXERCISE THEIR GOD-GIVEN RIGHT TO KEEP AND BEAR ARMS
PART NINE
LEFT-WING EXTREMISTS HAVE HIJACKED THE DEMOCRAT PARTY
“We can and must write in a language which sows among the masses hate, revulsion, and scorn toward those who disagree with us.” ~ First Quotation, Vladimir Lenin, Russian Revolutionary, Head of Soviet Russia from 1917 through 1924“The goal of socialism is communism.” ~ Second Quotation, Vladimir LeninUnfortunately for us, Left-wing extremists, Marxists, Socialists, and Communists have hijacked the Democrat Party. They did this so that they could use the Party—a well ensconced institution of Government—to their advantage; to work through their own agenda: an agenda antithetical to the best interests of our Nation as a free Republic and antithetical to preservation of our Constitution; antithetical to the best interests of the American citizenry; and antithetical to our rich cultural and historical heritage. They seek to subvert this Nation. They seek to transform our Nation into a Marxist/Socialist Dictatorship, and thence, to an out-and-out Communist State. But President Trump, Congressional Republicans, and the Americans citizenry know this or ought to know this. Left-wing extremists are unapologetic in their aims. They are inveterate liars and ruthless to the core. Given these facts, why would the President and Congressional Republicans even consider negotiating with these reprobates at all, as these extremists seek, as the first item on their agenda to enact more restrictive gun laws that do nothing to protect the citizenry but leave the American citizenry defenseless—prey to the lowest common denominator in society, the criminal, psychopathic and sociopathic elements and to dangerous psychotic elements; and susceptible to an overreaching, overarching, overbearing Government that is capable of harassing, subjugating, and controlling the unarmed American citizenry?‘These Left-wing extremists seek to disarm the American citizenry, making the citizenry decidedly and decisively less safe. Criminals and dangerous lunatics would have open season on the innocent human beings in our Nation; and the New Progressive Left and other radical Left-wing elements in Government would have open season on the Constitution; ripping it from its moor; thrusting the Nation into chaos; enabling radical elements in our Nation to exploit the chaos to institute revolution—a revolution that is not designed to create a stronger Nation, nor to preserve the autonomy and individuality of each American citizen in it, but to twist and contort the fundamental underpinnings of our Nation into something abhorrent and horrific, something completely antithetical to what the framers of our Constitution, envisioned, proposed, and successfully implemented—a Dystopian vision of our future, completely at odds with the vision of that of the framers of our Constitution, the founders of a free Constitutional Republic..The American people tolerate much and can forgive much. But, Americans are very attuned to duplicity, mendacity, hypocrisy, and outright stupidity. Neither the President nor Congressional Republicans will save their jobs by failing to stand up for the Nation, for the American people, and for our Constitution against the Leftist extremists who seek to destroy it all.To behave like the New Progressive Left and other Left-wing radicals in the Democrat Party will, in the eyes of Americans, would only serve to make the President and Congressional Republicans, one of them. The President and Congressional Republicans will be be dead wrong if they think they can play both sides against the middle.___________________________________________________________________
HOW PRESIDENT TRUMP AND CONGRESSIONAL REPUBLICANS SHOULD DEAL WITH DEMOCRATS WHO DEMAND MORE GUN CONTROL
PART NINE
NINE POINTS TO PONDERFirst, understand that the Radical Left Democrats focus their attention on guns as the means to drive the debate and to drive passage of legislation directed to curbing gun ownership among tens of millions of average, responsible, rational, law-abiding, when it is these American patriots who own and possess firearms who can best thwart societal violence. Radical Left anti-Second Amendment members of Congress, aided by a sympathetic Press, drumming nonsense about guns, fanning the flames of anger toward guns and irrational fear about them, are trying to draw you into the narrative about guns they have constructed. Don’t fall for it. For the narrative constructed is a fairy tale, the purpose of which is to destroy the Second Amendment. Don’t lose sight of that fact for a moment. Second, so, then what is the real issue? The real issue you need to confront is how to deal with the perpetrators of violence. The mechanism that perpetrators may happen to use to commit violence—in some instances but not in all instances, and, in fact, not in most instances—the gun, does not address the underlying cause or causes of that societal violence, nor does it serve to deal with the perpetrators of it. So, it is a fruitless endeavor to go after “guns.” Guns are not the key to dealing with violence. The key to dealing with violence is to attend to the perpetrator of it and what drives that person to commit violence at all. Once you focus your attention on the right issue, you won’t be led astray into the Leftist narrative and you won’t be drawn into a morass, proposing solutions that don’t work and, quite frankly, are not meant to work to lessen violence in society. The anti-Second Amendment members of Congress only mean to lead you astray. Don't let them, for they intend to encourage you to enact laws that serve the Radical and New Progressive Left’s own policy agenda: weakening the Second Amendment, disarming the tens of millions of average, sane Americans; utilizing the lowest common denominator in society, the psychopathic killer, the common criminal, and the dangerous psychotic lunatic to attain that singular objective. It should be manifestly clear to you that the matter Congress should be addressing is how to minimize acts of violence in society and how to minimize such acts by those who seek to do violence, and that you should not be focusing attention on the mere tool that some of these dangerous elements in society use to effectuate that violence. You should make clear to radical Left-wing Democrats the issues that you wish to address, and not allow radical Left-wing Democrats to compel you to address issues they wish for you to address, that they may attain their goal: eventual citizen disarmament.Third, so, then, make clear to all Congressional Democrats that you want to address societal violence. To do that, you must gain control of the narrative. Explain to the Democrat Party Leadership and to other Radical Left Democrats that if they truly wish to curb societal violence, then discussion and debate must be directed to the issue of societal violence and the perpetrators of that violence. The issue before you is not about guns or gun violence. The issue of societal violence never was about guns and gun violence. Redirect discussion in the direction it belongs: on the causes of societal violence and the measures to be taken against those that threaten innocent lives, regardless of the implements they use. You must create the narrative, and make Congressional Democrats follow your lead.Fourth if Democrats continue to scream for more gun restrictions, targeting tens of millions of law-abiding citizens, tell them that those laws that target misuse of firearms should be vigorously enforced. The Nation does not need more restrictive gun laws, targeting the average, law-abiding, responsible, rational gun owner, when the laws already enacted are not enforced against perpetrators of violence: the common criminal, the psychopathic gang member, and the dangerous lunatic.Fifth, if Democrats insist on enacting restrictive gun laws infringing the Second Amendment, then force these antigun elements in the Democrat Party to explain how further gun restrictions, targeting tens of millions of average, law-abiding, rational, responsible gun owners will curb or curtail societal violence. These radical Left Democrats can’t, of course, offer a sound logical explanation because their goal is to disarm the civilian population. That was always their goal. A rash of “mass” shootings is, for these Democrats, simply a pretext to accomplish that end. But, they will never admit that. So, hit these Democrats with the truth. Tell them that their attack on firearms is and always was a fairy tale concocted by public relations firms at the direction of the extremist Left-wing elements who seek to wrest Government control from the hands of the citizenry, where power truly belongs, and that you will not assist them in delivering that power to those who seek to bring to fruition a new vision of our Country, a vision inconsistent with that of our founders. Tell these Democrats that you will not assist them in tearing down the U.S. Constitution. Sixth, tell these Democrats that you are well aware that their gun policies are not designed to safeguard of our Nation; tell them that enactment into law of the gun policies they seek won’t preserve our Nation, that the gun proposed gun policies they seek to enact into law would only endanger the very foundation of the Nation. Tell these Democrats that you are sick and tired of hearing the same “song” over and over again. Tell them that you have heard well enough from these anti-Second Amendment elements in the Democrat Party, in the seditious Press, and in the Nation at large, once again and ever again, as bring out of the attic the same old tired firearms proposals—and occasionally, as with “Red Flag” laws, concoct new ones—and that all of these proposals are designed for one purpose and one purpose only: to weaken and ultimately to destroy the Second Amendment in order to undercut the entire Constitution, the very foundation and framework of our free Republic, and a free, autonomous citizenry. Tell them you will not tolerate the constant unconstitutional and unconscionable battering of the Second Amendment to the U.S. Constitution.Seventh, make plain to the reprobates in the Democratic Party that the best way to protect innocent lives is by enforcing those numerous laws against criminals and the criminally insane that we already have on the books, and make clear that Congress must aggressively enforce those laws before considering adding more restrictive gun laws into the mix. Ask those who seek to disarm the citizenry to explain why they think we need more restrictive gun laws, targeting the average, law-abiding, rational American citizen, anyway. Make these reprobates produce sound evidence to support their position. Eighth, force Democrats to acknowledge that they are simply exploiting tragic incidents to bring their ultimate goal into fruition: de facto repeal of the Second Amendment. Force them to acknowledge that what it is they really seek, what it is they really want is not “gun control” but “citizen/population control” and what they truly seek to control is not the common criminal or the occasional lunatic, but the average, law-abiding citizen. Force these New Progressive Left and radical Left-wing Democrats to acknowledge that they see an armed citizenry as the real threat to the kind of Country they envision, and that the kind of Country they want to erect is abhorrent to the Nation the founders sought to give Americans and which they did give to Americans: a free Republic.Nine, tell Democrats that the gun policies they seek to enact into law, including, inter alia, unnecessary gun background checks and extended gun transfer waiting periods, bans on semiautomatic firearms, ‘red flag’ laws, and universal gun confiscation measures disguised as voluntary ‘gun buybacks,’ are inconsistent with the present framework of our Nation, and that, if Democrats are unhappy with that framework and seek to dismantle it in order to create another one to their liking, then you are not interested in talking with them; that the gun measures they seek to implement are beyond the pale, and that you are at an impasse.__________________________________________
IF GUN MEASURES ARE WHAT DEMOCRATS WANT, THEN CONGRESSIONAL REPUBLICANS SHOULD GIVE THEM ONE AND IT IS ONE REPUBLICANS HAVE PROMULGATED BEFORE
PART NINE
“While the people have property, arms in their hands, and only a spark of a noble spirit, the most corrupt congress must be mad to form any project of tyranny. ~Reverend Nicholas Collin, writing under the pseudonym,” ‘Foreign Spectator,’ taken from an article he penned, appearing in a newspaper, the Pennsylvania Gazette, November 7, 1788“The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them.” ~Joseph Story, early Jurist who served on the U.S. Supreme Court in the 19th Century; quotation from Story’s “Commentaries on the Constitution of the United States,” 1833“Foolish liberals who are trying to read the Second Amendment out of the Constitution by claiming it’s not an individual right or that it's too much of a safety hazard don’t see the danger of the big picture. They’re courting disaster by encouraging others to use the same means to eliminate portions of the Constitution they don’t like.” ~Alan Dershowitz, Contemporary American lawyer and academic; Professor Emeritus, Harvard University; and scholar of United States constitutional law and criminal law; well-noted, self-ascribed Civil Libertarian; now apparently loathed by the Left-wing “power elite” for having the audacity to assail the ACLU, and for defending President Trump; often a guest on Fox News; but shunned by the mainstream networks, CNN, MSNBC, et.al.
A GUN MEASURE THAT WOULD WORK TO CURB SOCIETAL VIOLENCE
Democrats have recently proposed a flurry of restrictive gun laws targeting tens of millions of law-abiding, rational, responsible gun owners. Those antigun measures are not carefully constructed to target the criminal and occasional lunatic. The American public knows this. Hopefully, the President and Congressional Republicans know this, too. Such draconian gun measures will not make our Nation safer, and are not designed to make our Nation safer. They are only designed to weaken the Second Amendment. But, if any federal legislation would tend to strengthen, rather than weaken, the Second Amendment, what would that legislation look like? There is such a gun law, and it is one that would enable the average, law-abiding, rational, responsible gun owner to carry a gun for self-defense wherever that person travels in this Nation and in the territories of our Nation. Such a gun law would deal effectively with societal violence. And such Congressional bills had been introduced to realize the goal of reducing societal violence.Perhaps Congressional Republicans need to be reminded that they had a bill once to deal effectively with societal violence. In fact they had several such bills, when they controlled both Houses of Congress when the 115th Congress was in session. These sets of bills involved National Concealed Handgun Carry Reciprocity.* What happened to those bills? One that had actually passed the House, 115 H.R. 38, was allowed to die in Senate Committee. Well, it is high time to resurrect that bill. The best way to deal with Democrats’ concern over so-called “gun violence” is, after all, to enact a bill that deals effectively with all societal violence perpetrated by both the criminal psychopath and the dangerous psychotic lunatic. Looking at the issue of societal violence as “gun violence” in order to deny to the average American citizen the best means available to defend their life and safety, namely through that which a firearm provides, is a blind, nothing more; a media creation, hyped up by Democrats as if it were a real issue. It isn’t. And, media concocted phrases such as ‘assault weapon’ and ‘weapon of war’ are mere pejoratives and erroneous fictions at that. Such firearms are semiautomatic weapons specifically designed for civilian use, for legitimate purposes. Congressional Republicans should tell antigun Left-wing Democrats that Republicans will henceforth refrain from using glib terminology, a fiction, created merely to inflame the public, nothing more. Republicans should not encourage use of fictions that are created merely for their emotional impact and that enable Democrats to control the running narrative against guns and civilian gun ownership in order to promote an agenda designed to weaken the Second Amendment. What Should Congressional Republicans Do?Congressional Republicans should draft a new bill calling for national concealed handgun carry reciprocity. The answer to “gun” violence—an effective answer to any violence, really—is found in firearms in the hands of those who are best equipped to deal with that violence immediately when violence occurs or is threatened, before police officers can respond to it. This means that a firearm in the hands of the average, responsible, rational law-abiding citizen is the best response to a threat of imminent violence. Congress should also enforce laws against perpetrators of violence, and really enforce those laws; not pretend to enforce them. This is absolutely necessary before Congress gets swept up into the maelstrom of enacting any new restrictive “gun” laws that invariably target tens of millions of average, law-abiding, responsible, rational American citizen gun owners.A national concealed handgun carry reciprocity bill will certainly get the attention of Leftist extremists self-righteously exclaiming that it is either “their way or the highway.” Republicans might tell the antigun Radical Leftists to take the highway and leave the Nation alone, in peace, for the tens of millions of Americans who believe our Nation is doing just fine as a free Constitutional Republic, with the Bill of Rights intact. Republicans should tell these radical Leftist Democrats that our Nation’s Constitution does not need more tweaking. It is time for Republicans to control the narrative on guns and on other major issues confronting our Nation, including illegal border crossings and at-will abortion.Republicans can present a reasoned and cogent argument for national handgun carry reciprocity as that law strengthens and preserves the right of the people to keep and bear arms. Sure, the New Progressive Left and other radical Left-wing Democrats will scoff, or laugh, or walk off in a huff, but the fact remains that their attempts to create more and more restrictive gun laws only serves to make a mockery of our Bill of Rights.Did not President Trump make crystal clear in his State of the Union address that this Nation will never become a Socialist State? Did Republicans not notice that most Democrats did not applaud the President when Trump asserted the Nation will never become a Socialist State, but sat sullenly in silence at his remark?Republicans must remain true to the vision that the founders had for this Country, a vision that has allowed our Nation and its people to prosper for over two hundred years; a vision that has made our Nation the most powerful on Earth. Republicans might remind Left-wing Democrats and those who support them that this Nation has succeeded admirably and completely in defeating outside threats; and Republicans should tell these Left-wing Democrats that Americans will succeed in defeating threats emanating from within the Nation as well. President Trump and Congressional Republicans should explain to these reprobates on the other side of the aisle that, despite Left-wing Democrats’ intense distaste for the very existence of the fundamental, indelible, unalienable, immutable right of the people to keep and bear arms as codified in the Bill of Rights of the U.S. Constitution and despite their singular intent and reprehensible desire to destroy the exercise of that primordial, natural right bestowed on man by the Divine Creator, they will not succeed in their efforts to disarm the American citizenry—ever!__________________________________________________________*The Arbalest Quarrel has written extensively about this. See, e.g., the Arbalest Quarrel article on House bill 115 H.R. 38 to enact national concealed handgun carry reciprocity, a bill that passed the House but died in Senate Committee. Of Course, a federal law authorizing what already exists intrinsically in man, i.e., the right of the people to keep and bear arms, as codified in the Second Amendment, should not be necessary, as such law is at best redundant. But, there is another issue of more pressing concern with a federal mandate, or multi-State compact, permitting a law-abiding citizen to carry a handgun concealed throughout the Nation and throughout the Nation’s territories. There is the incipient danger in even countenancing that such Government action is necessary if the right exists implicitly in the American citizenry. For, asserting that Governmental action is necessary to secure the right, in effect, then, undermines, paradoxically, the very nature of the right secured—turning a fundamental right into something less than it is and what it was, as codified, meant to be—transforming it into a statutory right, which is, then, something less a fundamental right, something more akin to a privilege, which is what a Government-made right really is. For, if, truly, Government bestows a right, that can only mean that the right did not exist until Government created it. And, if Government creates a right that it bestows to this person or that person, then Government, as the creator of the right, may also, ipso facto, rescind one’s exercise of it or repeal it outright so that no one can exercise it. Thus, if Congress were to enact national handgun carry reciprocity legislation, there is a real danger in the public tacitly acknowledging that Government has created a right that had not hitherto existed before Congressional enabling legislation that created the right. This undermines the strength of the Second Amendment, essentially subordinating it to mere Statute; subjecting the Second Amendment to constant tinkering: modification, refinement, and loss of import and purport. But, we talk about the need for national handgun carry reciprocity anyway because of the many laws, through the decades that have whittled away at the efficacy of the Second Amendment; and we see this constant disturbing churning away of a God-given right, continuing through the recent flurry of restrictive gun proposals being actively bandied about now—another disheartening round of efforts to undercut the strength of the fundamental, immutable, unalienable right codified in the Second Amendment._________________________________________________________Copyright © 2018 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.