DISCLAIMER: I am not a lawyer (though I have played one in court and won). Nothing on this site should be considered legal advice. Take no action and/or omit no action based on what you find here. If you want or need legal advice, consult your own lawdog or legal beagle. Don't believe anything the lawdog says, but get what your legal beagle says in writing. Then you have grounds to act on it even if he's making it up as he goes along.
As stated above, this website does not purport to offer legal advice. This website is an exercise of the right to free expression and in particular, free political and legal expression. Indeed, many of the legal rulings produced by the courts down through history and used by various courts as res judicata and stare decisis to arrive at their bogus decisions are themselves bogus. In most cases these bogus rulings reflect not the liberty of the people, but rather, benefit the authoritarian rule of the existing power brokers.
An example comes easily to hand: Bouvier's Law Dictionary (1914) describes the Right to Keep and Bear Arms as follows (See "Arms", at 239):
"The constitution of the United States, Amend. art. 2, declares that 'a well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.' This is said to be not a right granted by the constitution, and not dependent upon that instrument for its existence. The amendment means no more than that this right shall not be infringed by congress; it restricts the powers of the national government, leaving all matters of police regulations, for the protection of the people, to the states; U. S. v. Cruikshank, 92 U. S. 553, 23 L. Ed. 588."
Bouvier's then continues for six and a half column-inches listing subsequent court rulings, based on Cruikshank, depriving people of their right to keep and bear arms and sanctioning them for exercising this fundamental right.
Cruikshank is a crock. It fails to note (probably because defense counsel never brought it up) that regardless of the "incorporation doctrine" of the 14th Amendment or lack thereof, it is a condition of statehood that every state officer, legislator, and judge of a state is required to swear or affirm an oath to uphold and defend the Constitution of the United States. The 14th Amendment, Section 1, says in pertinent part:
"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; ..." (There's more to it than that, but we'll get to that later.)The Constitution of the United States also includes the 9th Amendment, which says:
"The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people."...and the 2nd Amendment, which says:
"A well-regulated Militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."Thus, while the sovereign entity of "the State" might not be held to answer for violating the right of its citizenry to keep and bear arms, any member of the Executive Branch of that State enforcing any statute depriving any citizen of his or her right to keep and bear arms is in violation of his oath of office and in violation of the inherited and unalienable rights of his victim. In a legitimate legal system, these violations would be actionable in both civil and criminal court as a violation of fundamental rights. Likewise, any legislator introducing or voting in favor of legislation depriving the people of their right to keep and bear arms should be similarly held liable, as should any member of the judicial branch upholding any such statute or previous ruling.
"The price of freedom is the willingness to do sudden battle anywhere,
--Robert A. Heinlein (1907-1988)
any time and with utter recklessness."
THESE ARE NOT NEGOTIABLE by Chuck Baldwin.
A discussion of non-negotiable rights.
John Shadegg's Enumerated Powers Act (H.R.450) (Use your back button to return.)
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"There are no dangerous weapons. There are only dangerous men."
--Robert A. Heinlein, (1907-1988) "Methuselah's Children"
Also, from GUNLAWS.COM: TACTICS THAT WORK
East African Standard Newspaper June 27th, 2004:
"Kenyan-born Obama all set for US Senate"
Where was Obama born, again? (Use your back button to return.)
"The Government Can" to the tune of "The Candy Man" by Tim Hawkins. This is delightful! (Use your back button to return.)
Providing Firearms Information to Women World Wide
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