Archive for the ‘Second Amendment’ Category

Real World Graduation, Question 52: Your Rights

RealWorldGraduation_Question_52_Your_Rights   <– PDF

A certain man was a successful politician for many years. He gradually rose through the ranks from a city council member to state Representative to state Senator to federal Congressman to federal Senator.  In all those years, he was a consistent advocate for gun control, including various proposals to ban all guns and ammunition held by private persons.  He himself always lived in places with strict gun control, but he also was always in violation of the existing gun laws: he owned many guns that were banned, he failed to register guns he owned, and he bought and sold guns without the legal reporting requirements.  He was called upon to serve as an under-Secretary of a cabinet-level department by the new presidential administration.  As part of the vetting process, he was asked if he had ever violated any gun laws.  He lied about his guns, and the administration believed him, since he had a “perfect” voting record promoting and enacting gun control.  But once he was confirmed by the Senate, it came to light that he had in fact owned many guns, some of them illegally, and had committed numerous violations of the existing gun laws (some of which he had helped to pass at the state and federal level).  What will happen next?

a) He will be fired by the President.

b) He will resign in disgrace.

c) He will be investigated by the federal authorities.

d) He will be indicted by state and local authorities.

e) Either a) or b), followed by either c) or d).

(The answer is on p. 2 of the PDF.)

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Posted in Bill of Rights, critical thinking, government powers, gun control, habeas corpus, progressive, Real World Graduation, Second Amendment, U. S. Constitution | No Comments »

Real World Graduation: Question 29

RealWorldGraduation_Question_29   <– PDF

Article 2, Section 1 of the U. S. Constitution requires the President to take the following oath of office:

“I do solemnly swear (or affirm) that I will faithfully execute the Office of the President of the United States, and will to the best of my ability, preserve, protect, and defend the Constitution of the United States”.

An integral part of preserving, protecting, and defending the Constitution is preserving the rights of the people. The rights of individuals specifically called out in the Constitution and its first ten amendments are:

1) Habeas corpus (right to challenge detainment)

2) Freedom of speech

3) Freedom of the press

4) Freedom of religion

5) Freedom to keep and bear arms

6) Freedom from bearing the expense of quartering soldiers

7) Freedom from arbitrary search and seizure (searches require warrants signed by a judge, with testimony under oath by the officials seeking the warrant)

8) Federal indictment only by grand jury

9) No double jeopardy (a person can only be tried once for the same crime)

10) Immunity from self-incrimination

11) Due process of law

12) Compensation for property allocated for public use

13) Speedy and public trial

14) Cross-examination of witnesses in criminal trials

15) Counsel for defense in criminal trials

16) Trial by jury

17) Facts found by a jury not reviewable by a court

18) Prohibition of excessive bail

19) Prohibition of excessive fines

20) Prohibition of cruel and unusual punishments.

Also, rights not specifically mentioned are reserved to the people (individuals) or to the states. Based on your understanding of American history, which three would you rate as the worst Presidents with regard to preserving the rights of the people?  The letter after their name indicates their part affiliation (F refers to Federalist, R indicates Republican, N indicates None, D indicates Democrat, D-R indicates Democrat-Republican, which later became the Democratic Party in the 1820’s).

a) Alexander Hamilton (F), Aaron Burr (F), and Benjamin Franklin (F)

b) Richard M. Nixon (R), Gerald R. Ford (R), and George Washington (N)

c) George H. W. Bush (41) (R), James E. Carter (D), and Thomas Jefferson (D-R)

d) Walter Mondale (D), Barry Goldwater (R), and Alf Landon (R)

e) Three among those listed in groups b) and c)

(The answer is on p. 2 of the PDF.)

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Posted in Benjamin Franklin, Bill of Rights, critical thinking, fifth amendment, First Amendment, fourth amendment, government powers, habeas corpus, Real World Graduation, Second Amendment, sixth amendment, U. S. Constitution | No Comments »

Barack H. Obama’s Legacy, Part 4

ObamaLegacyPart4   <– PDF

That Mr. Obama and his administration demonstrated contempt for the rights of the people is clearly evident throughout his term in office.

“Operation Fast & Furious” was probably a White-House directed scheme to denigrate the Second Amendment by attempting to show that only drug dealers and murderers would sink low enough to own a gun. This was to be accomplished by having BATFE help straw buyers purchase guns in the US (a felony), then to smuggle them to Mexico (a felony and a violation of Mexican law), and then to hand them over to drug cartels (in violation of Mexican law) so those same weapons could be tracked, the new users caught and prosecuted, all to demonstrate that only evil sinister drug-dealing lowlife criminals have guns and therefore all Americans should be willing to give them up.  But of course, government incompetence being what it was, the drug cartel killed a large number of Mexican citizens and some Americans as well.  But that was not a problem until one of those weapons was used by a Mexican drug dealer to kill a Border Patrol Agent named Brian Terry on 14 Dec 2010.  Then, and only then, did the scheme become a problem (i.e., when a federal employee became a victim).  A few BATFE insiders ratted out their leadership, exposing the plot, and Mr. Obama was forced to use Executive Privilege to cover up the whole episode and his role instigating it.  The net result: raises and promotions all around, as usual.  Fortunately, the propaganda effort against the Second Amendment failed.

Mr. Obama also illegally used Executive Orders to expand background check on firearms transactions.

Ms. Lois G. Lerner, director of the IRS Exempt Organizations Unit since 2006 until 2013, led the office while a scheme was being implemented to deprive conservative organizations their proper tax-exempt status under IRS section 501(c)(4). Specifically, instead of using the usual process to determine eligibility, the IRS, with Ms. Lerner’s full knowledge, proceeded to implement a delaying tactic to prevent the candidate organizations from using their rights under the law to participate in the 2010 and 2012 elections.  They did so by requiring extensive and impossible requirements in the applications:

  1. By demanding information that could not exist (“What books are your members reading”);
  2. By asking whether any of their members intended to run for elective office;
  3. By demanding a list of donors, the amounts donated, and how the donations were spent;
  4. By demanding copies of all web pages, blog posts, and brochures ever used by the organization;
  5. By demanding copies of all emails sent or received by organization members.

After the scandal came out, and the IRS’ own Inspector General castigated the IRS for its use of “inappropriate criteria” conduct, Ms. Lerner testified before Congress on 22 May 2013:

“My professional career has been devoted to fulfilling responsibilities of the agencies for which I have worked, and I am very proud of the work I have done in government. I have not done anything wrong. I have not broken any laws, I have not violated any IRS rules or regulations, and I have not provided false information to this or any other congressional committee.”

After the IRS failed to produce subpoenaed emails (pretending all the hard drives and backup tapes had been destroyed), the Department of Justice then proceeded to conduct an “investigation”, including allegation of harassment of some organizations by the BATFE, FBI, and OSHA, but in the end no action was taken other than to excuse the IRS. On 23 Oct 2015, Assistant Attorney General for Legislative Affairs Peter J. Kadzik issued a report which concluded that although there was considerable mismanagement:

“We found no evidence that any IRS official acted based on political, discriminatory, corrupt, or other inappropriate motives that would support a criminal prosecution.”

Both his and Ms. Lerner’s statements are true: no corruption, no violation of regulations, no political or discriminatory action occurred because the IRS was simply implementing the official ideological policy of the Obama administration. More raises and promotions all around, and Ms. Lerner is now enjoying a quiet happy retirement.  She is also the patron saint of the IRS, having gotten away with everything.

Mr. Obama illegally appointed officials without the consent of the Senate while the Senate was not in recess (Sharon Block, Terence Flynn, & Richard Griffin to National Labor Relations Board, and Richard Cordray to the Consumer Financial Protection Bureau).

Mr. Obama illegally granted exceptions and exemptions via Executive Order to the Affordable Care Act (ACA) (aka “Obamacare”), violating and superseding express provisions of the law:

  1. 15 Feb 2013: Abolished the high-risk pool (the money allocated for it had been spent for advertising)
  2. 20 Feb 2013: Insurance companies were allowed to double deductibles
  3. 11 Mar 2103: Delayed implementation of the small business option program
  4. 2 Jul 2013: Delayed employer reporting contrary to the ACA
  5. 30 Sep 2013: Provided subsidies to members of Congress & their staff, not provided for in the ACA
  6. 23 Oct 2013: Delayed the individual mandate from Oct 2013 to Feb 2014

 

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Posted in elections, government powers, gun control, Second Amendment | No Comments »

Practical Gun Control (complete)

PracticalGunControl_complete   <== PDF version

Dear readers:

This post contains the full 8-part series on gun control.  Due to its length (33 pages), it is available only as a PDF.

Thanks for reading,

EDD

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Posted in Alexander Hamilton, Bill of Rights, Federalist Papers, gun control, James Madison, Second Amendment, U. S. Constitution | No Comments »