Archive for the ‘Men’s Issues’ Category

Bill Ritter 180 sanity revisited?

July 3, 2009

What does it take to restore fiscal sanity when RINO’s and Democrats get a free hand with tax and spend policy? Colorado has over the past few years been somewhat protected by The Taxpayer Bill of Rights, more commonly known by the acronym TABOR. This past session of the legislature saw TABOR pretty much gutted. It also saw the advent of special interest legislation reaching new heights of recklessness. Not to even bother mentioning the use of “fees” to circumvent TABOR restrictions. Before leaving Colorado I briefly thought of using the initiative process to re-define the word taxation in that any charge by government at any level would be deemed a “tax.” That went nowhere. Now, the Colorado legislature, and the state of Colorado are also going nowhere. I have often had disagreements with Governor Bill Ritter about issues that span the entire realm of politics. Now, in a perfect example of broken clock economics the Governor like a broken clock that exhibits the correct time twice on a daily basis he get’s the correct answer.

Hat tip, and thanks to Senator Ted Harvey for this.

For Immediate Release                                         Contact: Ted Harvey
Ted@tedharvey.com

Bill Ritter 180


The day has come.  The numbers are in.  With only one week remaining in the 08/09 fiscal year, the Colorado budget is $250 million in the red.  Once again Governor Ritter and the Democrat legislative leadership misjudged the depth of our economic downturn.  Despite Republican warnings and objections during the last legislative session, the Democrats chose to approve the largest budget in state history.

At a time when small businesses were cutting budgets, reducing expenses, laying off staff or closing their doors altogether, the Democrat legislature grew the Colorado budget by 4% more than the previous year and hired 250 new employees.
While Colorado families were struggling through these tough economic times, the Democrats increased taxes and fees on all Coloradoans by $1 billion, raided the state’s trust funds and emergency reserves – and even tried unsuccessfully to seize $500 million in assets from the Pinnacol Assurance Company, Colorado’s largest provider of workers compensation insurance.  They also took advantage of their majority to remove the 6% spending cap that has controlled government growth for over three decades – a mechanism that has protected Colorado from the kind of out-of-control spending that has pushed states like California to the brink of bankruptcy.

Adding insult to injury, last month the Democrats handed out $30,000 in staff bonuses and spent nearly $4,000 in public funds on a “team-building” retreat.
The 2009 legislative session was a prime example of unchecked Democrat power on parade.

When actual revenues came in $250 million short of expectations, one would have expected Colorado taxpayers to receive an apology from the Governor and the Democrat leadership for their fiscal mismanagement.  Sadly, there were no apologies. Instead, taxpayers were treated to another serving of the Democrats’ brand of faith-based budgeting.

On the day the actual budget numbers came out, the Governor held a press conference explaining that the state would balance the $250 million shortfall by utilizing federal stimulus funding and pushing off payment of the state’s payroll from June 30 (the last day of 2008-2009 fiscal year), until July 1 (the first day of the new fiscal year).  Of course the only thing this did was add $250 million to the already anticipated $140 million shortfall for the new fiscal year-making the state $390 million in the hole from day one! This was simply Enron bookkeeping to avoid making the tough choices and leaving Colorado taxpayers to pick up the tab.
The Governor then rebuffed any media questions regarding an immediate special legislative session to balance our growing deficit.  He continued to insist that the problem could wait until the legislature reconvened in January.  Unfortunately, the Governor failed to admit that delaying for another six months until the start of the 2010 session would only magnify the impact any impending cuts would have on the state budget.

Sadly, the Democrat legislative response was no better.  The only suggestion from the Chairman of the Joint Budget Committee was to extend a property tax increase on senior citizens for another year, and remove tax credits from business owners.
The truth is, on the Day of Reckoning, when the actual budget numbers came out, our Colorado Democrat leadership revealed their true soul and proved once and for all that they were incapable of cutting even one government service or one state employee.

Predictably, the public was outraged.  The lack of Democrat leadership was undeniable.  Faced with an economic reality and voter rebellion, Governor Ritter quickly realized that it was time for government to tighten its belt.
On Thursday, only two days after his initial response, the Governor held another press conference…one that I have dubbed “Bill Ritter 180.”  Surprisingly, he announced what Republicans had been demanding for over two years, that he was directing each of his department heads to review their budgets and cut 10% across the board.  Hallelujah, the leader of our state finally showed leadership! And may God bless him for it. He may have just saved our great state from following California’s lead…straight off the cliff.
Indeed it has been our Republican legislators who have led the charge for fiscal sanity over the last 24 months while pushing for across-the-board cuts…but this week we must give credit to whom credit is due.  Bill Ritter has finally taken a stand and come out against many members of his own party.  Good for him and good for Colorado!
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For more information on Senator Ted Harvey please visit his website at www.tedharvey.com

Islam, and the Conquest of America

July 2, 2009

From Pamela at Atlas Shrugged (see sidebar) Newsletter we have an interesting bit of military / social strategy. Now, in normal times I would most probably just brush this off. It would seemingly be impossible. But things have changed pretty dramatically here in America. First and foremost the economy is in a shambles. Even the impostor in chief says that America is broke. The administration, along with treasonous elitist are seeking a total disarmament of the American people. Plus there are a growing number of Americans that want to “just say no” to the Federal government. Roll those things together with a profound failure to support liberty in Iran while at the same time refusing to support a democracy that ousted a sitting President for attempting to alter that nations constitution by fiat, and you have a colossal failure in leadership on so many levels that one might think that the United States of America was some bedeviled African nation being ran by thugs…

Now, add this bit into the stew of factors.

Islamic invasion of America: The 20 Point Plan

This sums up the Muslim Brotherhood project in America quite succinctly. On November 7, 2001,  international law enforcement authorities and Western intelligence agencies discovered a twenty-year old document revealing a top-secret plan developed by the oldest Islamist organization with one of the most extensive terror networks in the world to launch a program of “cultural invasion” and eventual conquest of the West that virtually mirrors the tactics used by Islamists for more than two decades.





Since that time information about this document, known in counterterrorism circles as “The Project”, and discussion regarding its content has been limited to the top-secret world of Western intelligence communities. Only through the work of an intrepid Swiss journalist, Sylvain Besson of Le Temps, and his book published in October 2005 in France, La conquête de l’Occident: Le projet secret des Islamistes (The Conquest of the West: The Islamists’ Secret Project), has information regarding The Project finally been made public. One Western official cited by Besson has described The Project as “a totalitarian ideology of infiltration which represents, in the end, the greatest danger for European societies.”

[…]

Included in the documents seized during the raid of Nada’s Swiss villa was a 14-page plan written in Arabic and dated December 1, 1982, which outlines a 12-point strategy to “establish an Islamic government on earth” – identified as The Project. According to testimony given to Swiss authorities by Nada, the unsigned document was prepared by “Islamic researchers” associated with the Muslim Brotherhood.

If you want to read more of the Muslim Brotherhood project, go here.

U.S. Arab-American author outlines secret 20-year strategy to undermine country WND

A refugee from the Muslim Middle East thinks he has discovered Islam’s 20-point plan for conquering the United States by 2020

Anis Shorrosh, author of ”Islam Revealed” and ”The True Furqan,” is a Christian Arab-American who emigrated from Arab-controlled Jerusalem in January 1967.

”The following is my analysis of Islamic invasion of America, the agenda of Islamists and visible methods to take over America by the year 2020,” Shorrosh says. ”Will Americans continue to sleep through this invasion as they did when we were attacked on 9/11?”

1. Terminate America’s freedom of speech by replacing it with statewide and nationwide hate-crime bills.

2. Wage a war of words using black leaders like Louis Farrakhan, Rev. Jesse Jackson  and other visible religious personalities who promote Islam as the religion of African-Americans while insisting Christianity is for whites only. What they fail to tell African-Americans is that it was Arab Muslims who captured them and sold them as slaves. In fact, the Arabic word for black and slave is the same, ”Abed.”

3. Engage the American public in dialogues, discussions, debates in colleges, universities, public libraries, radio, TV, churches and mosques on the virtues of Islam. Proclaim how it is historically another religion like Judaism and Christianity with the same monotheistic faith.

4. Nominate Muslim sympathizers to political office to bring about favorable legislation toward Islam and support potential sympathizers by block voting.

5. Take control of as much of Hollywood, the press, TV, radio and the Internet as possible by buying the related corportations or a controlling stock.

6. Yield to the fear of the imminent shut-off of the lifeblood of America – black gold. America’s economy depends on oil and 41 percent of it comes from the Middle East.

7. Yell ”foul, out-of-context, personal interpretation, hate crime, Zionist, un- American, inaccurate interpretation of the Quran” anytime Islam is criticized or the Quran is analyzed in the public arena.

8. Encourage Muslims to penetrate the White House, specifically with Islamists who can articulate a marvelous and peaceful picture of Islam. Acquire government positions and get membership in local school boards. Train Muslims a medical doctors to dominate the medical field, research and pharmaceutical l companies (Ever notice how numerous Muslim doctors in America are, when their countries need them more desperately than America?) Take over the computer industry. Establish Middle Eastern restaurants throughout the U.S. to connect planners of Islamization in a discreet way.

9. Accelerate Islamic demographic growth via:

  • Massive immigration (100,000 annually since 1961).

  • Use no birth control whatsoever – every baby of Muslim parents is automatically a Muslim and cannot choose another religion later.

  • Muslim men must marry American women and Islamize them (10,000 annually). Then divorce them and remarry every five years – since one can’t legally marry four at one time. This is a legal solution in America.

  • Convert angry, alienated black inmates and turn them into militants (so far 2,000 released inmates have joined al-Qaida worldwide). Only a few ”sleeper cells” have been captured in Afghanistan and on American soil.

10. Reading, writing, arithmetic and research through the American educational system, mosques and student centers (now 1,500) should be sprinkled with dislike of Jews, evangelical Christians and democracy. There are currently 300 exclusively Muslim schools in the U.S. which teach loyalty to the Quran, not the U.S. Constitution. In January of 2002, Saudi Arabia’s Embassy in Washington mailed 4,500 packets of the Quran and videos promoting Islam to America’s high schools – free of charge. Saudi Arabia would not allow the U.S. to reciprocate.

11. Provide very sizeable monetary Muslim grants to colleges and universities in America to establish ”Centers for Islamic studies” with Muslim directors to promote Islam in higher-education institutions.

12. Let the entire world know through propaganda, speeches, seminars, local and national media that terrorists have hijacked Islam, when in truth, Islam hijacked the terrorists.

13. Appeal to the historically compassionate and sensitive Americans for sympathy and tolerance towards Muslims in America who are portrayed as mainly immigrants from oppressed countries.

14. Nullify America’s sense of security by manipulating the intelligence community with misinformation. Periodically terrorize Americans with reports of impending attacks on bridges, tunnels, water supplies, airports, apartment buildings and malls.

15. Form riots and demonstrations in the prison system demanding Islamic Sharia as the way of life, not America’s justice system.

16. Open numerous charities throughout the U.S., but use the funds to support Islamic terrorism with American dollars.

17. Raise interest in Islam on America’s campuses by insisting freshman take at least one course on Islam.

18. Unify the numerous Muslim lobbies in Washington, mosques, Islamic student centers, educational organizations, magazines and papers by Internet and an annual convention to coordinate plans, propagate the faith and engender news in the media.

19. Send intimidating messages and messengers  

to the outspoken individuals who are critical of Islam and seek to eliminate them by hook or crook.

20. Applaud Muslims as loyal citizens of the U.S. by spotlighting their voting record as the highest percentage of all minority and ethic groups in America.

Judicial Indiscretion; Dogs running wild

June 21, 2009

Human, and by extension their pets, sometimes come into conflict with wildlife. Recently coyote attacks have been in the news quite a bit. That, however is not what today’s living with wildlife post is about. It does however tie in directly with another post having to do with hierarchy in the law.

Most states have laws about domestic canines worrying cattle or wildlife. In most situations, lethal force is authorized. I have always been fortunate in that the few times that I’ve seen things like this hazing of some sort convinced the dog (s) to find another amusement to satisfy their instincts. That certainly is not always the case though. I have a friend that left E.M.S. and became a Sheriffs Deputy in Weld County. While on patrol he came across a dog that was attempting to chew on a claf that was being born. He tried to frighten it away with his lights and siren, then with a warning shot. All to no avail. He ended up shooting the dog. That’s a legal shoot folks.

So then where am I going with this? Well, it seems that Ron Wedow witnessed a dog attacking a doe after having just killed the doe’s fawn. This was in unincorporated Douglas County, Colorado. Both the Douglas County Sheriff’s Department and the Colorado Division of Wildlife responded and determined that the shoot was indeed legal. It is in fact authorized by state law. Some time later though, County Animal Control came along. They decided, as a matter of policy, to charge Mister Wedow. Now he has mounting legal fees, for doing his civic duty.

This is clearly Judicial indiscretion on the part of the Douglas County District Attorney’s office. They need to flat drop the charges and even reimburse Ron Wedow for his legal expenses.

Read about this miscarriage of justice HERE.

H/T to Charlie Meyers of The Denver Post.

American Warrior’s

June 20, 2009
GUNNY APPOINTED TO BOARD OF DIRECTORS OF THE

WARRIOR LEGACY FOUNDATION



Veterans Organization Dedicated To The Preservation And Elevation Of The American Warrior Class

Today the Gunny was asked and accepted appointment to the Board of Directors of the Warrior Legacy Foundation.

Veterans, families of veterans, and supporters of veterans, this is an organization you should support.

For more information go to www.warriorlegacyfoundation.org.

Iran… How times change

June 19, 2009

I happen to be from that part of America that didn’t know about all the Tom Foolery that was engaged in by my nation and the Shaw of Iran. I am however very well aware of when our embassy was seized, and as the MSM at the time called it; “America held Hostage.”

I also remember the “Coward in Chiefs” utter failure as a leader in responding to the threat. I remember gross inflation, and the government telling us that unemployment was only six percent, when in fact it was a lot closer to twenty…

Now, an incident occurred in the Denver area. Some Iranian expatriates were assaulted, and treated pretty badly. One of the people that encouraged and approved of what had happened screamed about the “Damned Muslims…” Want to know the really sad part about this? They were Iranian refugees that were Christians that had escaped from Iran. From “Arab Muslim” persecution according to Rani. These were not illegal immigrants, not at all.

The United States of America is a nation built upon beliefs and people. The beliefs are the same, and the peoples are many. We come from Ireland, and Scotland, England and Africa, China and Viet Nam, and anywhere else you could choose to look.

Now, while even Pravda has pointed out where America is heading, the people of Iran are rising up.

How times change…

We the people are coming

June 19, 2009

Hat tip to Anthony for pointing this piece out. I think that it sums up pretty nicely what a lot of Americans are feeling right now, and those Americans are from across the political spectrum.

I’m a home grown American citizen, 53, registered Democrat all my life. Before the last presidential election I registered as a Republican because I no longer felt the Democratic Party represents my views or works to pursue issues important to me.

Now I no longer feel the Republican Party represents my views or works to pursue issues important to me. The fact is I no longer feel any political party or representative in Washington represents my views or works to pursue the issues important to me. There must be someone. Please tell me who you are. Please stand up and tell me that you are there and that you’re willing to fight for our Constitution as it was written. Please stand up now. You might ask yourself what my views and issues are that I would horribly feel so disenfranchised by both major political parties. What kind of nut job am I? Will you please tell me?

Well, these are briefly my views and issues for which I seek representation:

One, illegal immigration. I want you to stop coddling illegal immigrants and secure our borders. Close the underground tunnels. Stop the violence and the trafficking in drugs and people. No amnesty, not again. Been there, done that, no resolution. P.S., I’m not a racist. This isn’t to be confused with legal immigration.

Two, the TARP bill, I want it repealed and I want no further funding supplied to it. We told you no, but you did it anyway. I want the remaining unfunded 95% repealed. Freeze, repeal.

Three: Czars, I want the circumvention of our checks and balances stopped immediately. Fire the czars. No more czars. Government officials answer to the process, not to the president. Stop trampling on our Constitution and honor it.

Four, cap and trade. The debate on global warming is not over. There is more to say.

Five, universal healthcare. I will not be rushed into another expensive decision. Don’t you dare try to pass this in the middle of the night and then go on break. Slow down!

Six, growing government control. I want states rights and sovereignty fully restored. I want less government in my life, not more. Shrink it down. Mind your own business. You have enough to take care of with your real obligations. Why don’t you start there.

Seven, ACORN. I do not want ACORN and its affiliates in charge of our 2010 census. I want them investigated. I also do not want mandatory escrow fees contributed to them every time on every real estate deal that closes. Stop the funding to ACORN and its affiliates pending impartial audits and investigations. I do not trust them with taking the census over with our taxpayer money. I don’t trust them with our taxpayer money. Face up to the allegations against them and get it resolved before taxpayers get any more involved with them. If it walks like a duck and talks like a duck, hello. Stop protecting your political buddies. You work for us, the people. Investigate.

Eight, redistribution of wealth. No, no, no. I work for my money. It is mine. I have always worked for people with more money than I have because they gave me jobs. That is the only redistribution of wealth that I will support. I never got a job from a poor person. Why do you want me to hate my employers? Why ‑‑ what do you have against shareholders making a profit?

Nine, charitable contributions. Although I never got a job from a poor person, I have helped many in need. Charity belongs in our local communities, where we know our needs best and can use our local talent and our local resources. Butt out, please. We want to do it ourselves.

Ten, corporate bailouts. Knock it off. Sink or swim like the rest of us. If there are hard times ahead, we’ll be better off just getting into it and letting the strong survive. Quick and painful. Have you ever ripped off a Band‑Aid? We will pull together. Great things happen in America under great hardship. Give us the chance to innovate. We cannot disappoint you more than you have disappointed us.

Eleven, transparency and accountability. How about it? No, really, how about it? Let’s have it. Let’s say we give the buzzwords a rest and have some straight honest talk. Please try ‑‑ please stop manipulating and trying to appease me with clever wording. I am not the idiot you obviously take me for. Stop sneaking around and meeting in back rooms making deals with your friends. It will only be a prelude to your criminal investigation. Stop hiding things from me.

Twelve, unprecedented quick spending. Stop it now.

Take a breath. Listen to the people. Let’s just slow down and get some input from some non-politicians on the subject. Stop making everything an emergency. Stop speed reading our bills into law.

I am not an activist. I am not a community organizer. Nor am I a terrorist, a militant or a violent person. I am a parent and a grandparent. I work. I’m busy. I’m busy. I am busy, and I am tired. I thought we elected competent people to take care of the business of government so that we could work, raise our families, pay our bills, have a little recreation, complain about taxes, endure our hardships, pursue our personal goals, cut our lawn, wash our cars on the weekends and be responsible contributing members of society and teach our children to be the same all while living in the home of the free and land of the brave.

I entrusted you with upholding the Constitution. I believed in the checks and balances to keep from getting far off course.

What happened?

You are very far off course. Do you really think I find humor in the hiring of a speed reader to unintelligently ramble all through a bill that you signed into law without knowing what it contained? I do not. It is a mockery of the responsibility I have entrusted to you. It is a slap in the face. I am not laughing at your arrogance.

Why is it that I feel as if you would not trust me to make a single decision about my own life and how I would live it but you should expect that I should trust you with the debt that you have laid on all of us and our children. We did not want the TARP bill. We said no. We would repeal it if we could. I am sure that we still cannot. There is such urgency and recklessness in all of the recent spending.

From my perspective, it seems that all of you have gone insane. I also know that I am far from alone in these feelings. Do you honestly feel that your current pursuits have merit to patriotic Americans? We want it to stop. We want to put the brakes on everything that is being rushed by us and forced upon us.

We want our voice back.

You have forced us to put our lives on hold to straighten out the mess that you are making. We will have to give up our vacations, our time spent with our children, any relaxation time we may have had and money we cannot afford to spend on you to bring our concerns to Washington.

Our president often knows all the right buzzword[s and the latest] is ‘unsustainable’. Well, no kidding! How many tens of thousands of dollars did the focus group cost to come up with that word? We don’t want your overpriced words.

Stop treating us like we’re morons.

We want all of you to stop focusing on your reelection and do the job we want done, not the job you want done or the job your party wants done. You work for us and at this rate I guarantee you—not for long—because we are coming.

We will be heard and we will be represented. You think we’re so busy with our lives that we will never come for you? We are the formerly silent majority, all of us who quietly work, pay taxes, obey the law, vote, save money, keep our noses to the grindstone and we are now looking up at you.

You have awakened us, the patriotic spirit so strong and so powerful that it had been sleeping too long. You have pushed us too far. Our numbers are great. They may surprise you. For every one of us who will be there, there will be hundreds more that could not come. Unlike you, we have their trust.

We will represent them honestly, rest assured. They will be at the polls on voting day to usher you out of office. We have cancelled vacations. We will use our last few dollars saved. We will find the representation among us and a grassroots campaign will flourish.

We didn’t ask for this fight. But the gloves are coming off. We do not come in violence, but we are angry. You will represent us or you will be replaced with someone who will. There are candidates among us when hewill rise like a Phoenix from the ashes that you have made of our constitution.

Democrat, Republican, independent, libertarian. Understand this. We don’t care. Political parties are meaningless to us. Patriotic Americans are willing to do right by us and our Constitution and that is all that matters to us now.

We are going to fire all of you who abuse power and seek more. It is not your power. It is ours and we want it back.

We entrusted you with it and you abused it. You are dishonorable. You are dishonest. As Americans we are ashamed of you. You have brought shame to us. If you are not representing the wants and needs of your constituency loudly and consistently, in spite of the objections of your party, you will be fired.

Did you hear? We no longer care about your political parties. You need to be loyal to us, not to them. Because we will get you fired and they will not save you.

If you do or can represent me, my issues, my views, please stand up. Make your identity known. You need to make some noise about it. Speak up. I need to know who you are.

If you do not speak up, you will be herded out with the rest of the sheep and we will replace the whole damn congress if need be one by one.

We are coming. Are we coming for you? Who do you represent? What do you represent? Listen. Because we are coming.

We the people are coming.

SOURCE

Purple Heart for Private Long

June 13, 2009

Purple Heart for Private Long

All Americans must contact their local representatives and demand that the two men shot for being in uniform in Arkansas be awarded the Purple Heart as is always given for injury or death in battle.
http://www.conservativeusa.org/mega-cong.htm

American TEA Party Revolution Flags

June 13, 2009

No, the Tea Party’s have not gone away, far from it. If you believe that we have been taxed enough already then please support this effort by a couple of Oath Keepers. Regular readers know that it’s seldom that I post anything that involves you, my readers, spending money. After all, one of my biggest complaints is that for several years I have never once received anything from the NRA that isn’t also a begging for bucks plea. Sure, support the NRA if you choose to do that. I’d much rather that you sent money to Gun Owners of America, but that’s just me.

This project, the Tea Party Flags, isn’t being put up by a multi-million dollar group, but by a couple of home grown Patriots. Please support them.

SOURCE

American TEA Party Revolution Flags

Send $17.00 cash or money order to:

TEA PARTY FLAGS
P.O. Box 492
Chewelah, WA 99109

$17 covers ALL costs, including shipping…

We have to wait for checks to clear, we don’t have a lot of money to put into this and have used what we have to get it set up. Cash or a money order will expedite shipping. A money order will offer you the protection you need too. I understand having worries about sending cash.

We don’t have a PayPal account set up for this, PayPal takes out a nice slice of the money before you get yours and we are trying to hold costs to a minimum and pass along a very high quality product to our friends and fellow TEA Party patriots at as low a price as possible.

It takes about 10 days to get the flags from the manufacturer, then a couple of days via Priority Mail to get them in your hands, so, we can have them well before the 4th of July!

These flags are simply gorgeous, they measure 24″ x 38″ and have lanyard rings. They are very well constructed and I was totally impressed when I saw the finished product.

My partner in this venture is ordering quite a few flags as I post this message. We are pretty certain that folks will want one, and I assure you, the REAL flag looks infinitely better than the picture does. Our digital camera sux.

We will need your name and mailing address, and a telephone number if you are comfortable with that, included with your order. We have to know where to send the flag. :P

We will NOT sell your information, WE HATE SPAMMERS TOO! Your information will remain completely confidential.

Photobucket

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// AddThis

The Second Amendment and the States…

June 12, 2009

I was roundly blasted on several websites last year when the D.C. vs. Heller decision was rendered by the gutless cowards that make up the Supreme Court. All too many neophytes called it the greatest thing since smokeless powder for American gun owners. Guess what folks? The devil, as I always say, is in the details.

Thankfully, nearly all state Constitutions use wording that makes the U.S. Constitution look wimpy by comparison with regards to the populace owning and possessing weapons. The ability to defend oneself and others is an unalienable right, not an inalienable privilege handed to the serfs.

Hence now the Heller decision is being used to actually attempt to deny liberty and freedom to the masses by the forces that seek domination over them in complete denial of natural law. Read on… Oh, and don’t forget to read between the lines this time!

Last year’s landmark Supreme Court decision in District of Columbia v. Heller definitively settled the fact that the Second Amendment guarantees an individual right—as opposed to a collective one—to keep and bear arms. Yet that ruling applied only to the federal government (which oversees Washington, D.C.). Does the Second Amendment apply against state and local governments as well?

Although Heller never answered that question, Justice Antonin Scalia’s majority opinion did provide a very potent hint. In footnote 23, Scalia observed that while the Court’s earlier ruling in U.S. v. Cruikshank (1876) stated that the Second Amendment did not apply against the states, “Cruikshank also said that the First Amendment did not apply against the States and did not engage in the sort of Fourteenth Amendment inquiry required by our later cases.”

To appreciate Scalia’s meaning, consider that the Supreme Court has been protecting First Amendment rights from state and local abuse since 1925’s Gitlow v. New York. The Court has done so under the so-called incorporation doctrine, whereby most of the Bill of Rights and certain other fundamental rights have been incorporated against the states via the Due Process Clause of the 14th Amendment, which reads, “nor shall any state deprive any person of life, liberty, or property, without due process of law.” Cruikshank is therefore a dead letter when it comes to free speech. So why should it still matter for gun rights? As the footnote basically points out, Cruikshank was decided before incorporation had even been invented. So it’s the modern incorporation doctrine that matters now, not the long-dead reasoning behind Cruikshank.

This controversy lies at the center of last week’s unfortunate decision in National Rifle Association v. Chicago (formerly McDonald v. Chicago), where the federal 7th Circuit Court of Appeals held that the Second Amendment offers zero protection against the draconian gun control laws currently in place in Chicago and Oak Park, Illinois.

It’s a mistaken and also strangely misguided decision, as plaintiff’s attorney Alan Gura (who previously argued and won Heller) demonstrates in the appeal he quickly filed with the Supreme Court. As Gura notes, not only did the 7th Circuit decline “to perform the required incorporation analysis,” the court “erred in failing to heed Heller‘s cautionary statement that the pre-incorporation relics [including Cruikshank] lack ‘the sort of Fourteenth Amendment inquiry required by our later cases.'”

Moreover, the 7th Circuit even suggested that federalism would best be served by letting the states disregard the Second Amendment entirely. “Federalism is an older and more deeply rooted tradition than is a right to carry any particular kind of weapon,” Chief Judge Frank Easterbrook wrote for the three-judge panel.

Yet as Gura rightfully responds in his petition, “To claim that of all rights, the Second Amendment must yield to local majoritarian impulses is especially wrong considering that the rampant violation of the right to keep and bear arms was understood to be among the chief evils vitiated by adoption of the Fourteenth Amendment.” Indeed, the 14th Amendment was specifically written and ratified by the Radical Republicans after the Civil War to protect the recently freed slaves and their white allies from the depredations of the former Confederate states, including the infamous Black Codes, which curtailed property rights, liberty of contract, free speech, and the right to keep and bear arms.

The Second Amendment deserves the exact same respect as the rest of the Bill of Rights, nearly all of which have now been incorporated, something Gura is careful to explain. Which is precisely what the 7th Circuit should have said. Moreover, Gura persuasively argues that now is the right time for the Supreme Court to correct one of its most glaring historical errors by overturning the controversial Slaughterhouse Cases (1873), which essentially gutted the 14th Amendment’s Privileges or Immunities Clause, which reads, “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” As numerous legal historians have now documented, the text, original meaning, and history of that clause all point in one direction: It was designed to nationalize the Bill of Rights and other substantive rights.

The 7th Circuit essentially breezed past this argument, though it’s perhaps worth noting that Judge Easterbrook did so while repeatedly referring to the “Privileges and Immunities Clause,” which is actually located in Article IV of the Constitution, when he quite clearly meant to write (and refer to) the 14th Amendment’s “Privileges or Immunities Clause.” It’s a small error, to be sure, though it’s still one that the federal circuit ought not to make.

So what does all this mean for the future of the Second Amendment and gun rights? Last January, the 2nd Circuit, including Supreme Court nominee Judge Sonia Sotomayor, reached the same erroneous conclusion about incorporation as the Seventh did last week. Yet in April, the 9th Circuit got it right, holding in Nordyke v. King that, “the right to keep and bear arms is ‘deeply rooted in this Nation’s history and tradition’… [and] is necessary to the Anglo-American conception of ordered liberty.” This split among the circuits means the Supreme Court will almost certainly take up the issue.

Given that Gura’s provocative and sharply reasoned appeal is now in the Court’s hands, and given that Chicago’s contested handgun ban so closely resembles the D.C. ban nullified last year in Heller, this case offers the perfect opportunity for the Court to fully restore the Second Amendment to its rightful place in our constitutional system.

Damon W. Root is an associate editor at Reason.

Bonus video: Reason.tv talked with Alan Gura last June about “The High Stakes of the DC Gun Ban Case” just before the Supreme Court released its decision in the Heller case. Click below to watch and go here for downloadable versions and related materials.

SOURCE

AWB 2009? Some AG’s get it correct!

June 12, 2009

All to often in recent years we have seen various high end types in Law, as in attorney’s, seek to disavow their sworn oaths to the Constitution. Be that in wrongful prosecutions, or supporting ex post facto law simply based upon political correctness, or expediency.

So, I ask, is what follows the real deal? Or simply political posturing?

MCDANIEL SENDS LETTER TO U.S ATTORNEY GENERAL EXPRESSING OPPOSITION TO REINSTATEMENT OF ASSAULT WEAPONS BAN

Thursday, Jun 11, 2009

LITTLE ROCK- Today, Attorney General Dustin McDaniel, along with Texas Attorney General Greg Abbott and 21 other State Attorneys General, sent a letter to United States Attorney General Eric Holder expressing their opposition to the reinstatement of the Violent Crime Control and Law Enforcement Act of 1994’s semi-automatic firearms prohibition, which is commonly referred to as the “Assault Weapons Ban.”

In the letter, Generals Abbott and McDaniel note President Obama’s appreciation for the great conservation legacy of America’s hunters. They go on to say, “We share that appreciation for hunters and are committed to defending our Second Amendment rights–which is why we believe that additional gun control laws are unnecessary. Instead, authorities need to enforce laws that are already in place.

“I certainly share the President’s desire to reduce violent crime in our country, and across our borders,” McDaniel said. “However, based on the facts available, there is no reason to believe this law will result in any meaningful reduction in such crime and, therefore, does not justify further infringement on Americans’ Second Amendment rights.”

The text of the letter follows:

The Honorable Eric Holder
United States Attorney General
U.S. Department of Justice

Dear Attorney General Holder:

We the undersigned Attorneys General respectfully write to express our opposition to the
reinstatement of the Violent Crime Control and Law Enforcement Act of 1994’s semiautomatic
firearms prohibition, which is commonly referred to as the assault weapons
ban.

As the states’ top law enforcement officials, we share the Obama Administration’s
commitment to reducing illegal drugs and violent crime within the United States. We
also share your deep concern about drug cartel violence in Mexico. However, we do not
believe that restricting law-abiding Americans’ access to certain semi-automatic firearms
will resolve any of these problems. So, we were pleased by the President’s recent
comments indicating his desire to enforce current laws – rather than reinstate the ban on
so-called assault weapons.

As you know, the 1994 ban on so-called ‘assault weapons’ did not apply to machine guns
or other fully automatic firearms. Machine gun ownership was first regulated when the
National Firearms Act was passed in 1934. And more than twenty years ago, Congress
took additional steps to ban fully automatic weapons. Because fully automatic machine
guns have already been banned, we do not believe that further restricting law-abiding
Americans’ access to certain semi-automatic firearms serves any real law enforcement
purpose.

Recent public statements by congressional leaders reflect that same view. On February
26, 2009, The Hill newspaper quoted the Senate Majority Leader’s spokesman saying:
“Sen. Reid would oppose an effort [to] reinstate the ban.” When House Speaker Nancy
Pelosi was recently asked whether she supports reinstating the 1994 ban, the Speaker
reportedly responded “No…I think we need to enforce the laws we have right now.” We
agree with the Speaker and the Majority Leader.

The same sentiment has also been expressed to you by sixty-five (65) Congressional
Democrats in a letter dated March 17, 2009. In that letter, they astutely noted, “It is hard
to believe the ban would be…effective in controlling crime by well-funded international
drug traffickers, who regularly use grenade launchers, anti-tank rockets, and other
weapons that are not available on the civilian market in the United States.”

Under Title 18, Section 924 of the U.S. Code,
knowingly transferring a firearm to an individual who will use that firearm to commit a
violent or drug-related crime is already a federal offense. Similarly, it is also a felony to
possess a firearm for the purpose of furthering drug trafficking. At a recent
Congressional hearing, Kumar Kibble, the Deputy Director of the Immigration and
Custom Enforcement’s Office of Investigations, testified that the Patriot Act included
changes to Title 18, Section 554 of the U.S. Code, which improved federal authorities’
ability to investigate and prosecute illegal smuggling.

As Attorneys General, we are committed to defending our constituents’ constitutional
rights – including their constitutionally-protected right to keep and bear arms. This duty
is particularly important in light of the United States Supreme Court’s recent Heller
decision, which held that the Second Amendment “elevated above all other interests the
right of law-abiding, responsible citizens to use arms in defense of hearth and home.”
The high court’s landmark decision affirmed that individual Americans have a
constitutionally-protected right to keep and bear arms. We, the undersigned Attorneys
General, are staunch defenders of that right and believe that it should not be encroached
upon without sound justification – and a clear law enforcement purpose.

We are pleased that the Administration appears to conform with the Congressional
leadership’s position on this very important issue. Importantly, the White House website
no longer calls for the reinstatement of the 1994 ban. In fact, it expressly acknowledges
“the great conservation legacy of America’s hunters.” We share that appreciation for
hunters and are committed to defending our Second Amendment rights–which is why
we believe that additional gun control laws are unnecessary. Instead, authorities need to
enforce laws that are already in place.

As Attorneys General, we look forward to working with you and President Obama on
common-sense law enforcement solutions to transnational crime. We stand ready to
cooperate and collaborate on crime prevention and law enforcement initiatives that will
protect our constituents, crack down on transnational crime, and help reduce narcotics
consumption in the United States. But, for the reasons explained in this letter, we do not
believe that reinstating the 1994 assault weapons ban will solve the problems currently
facing the United States or Mexico.

Sincerely,

SOURCE