Who Makes Laws?

In a “pure” democracy the majority of voters makes the laws, and the result can be that minorities have no rights at all, hence the term “tyranny of the majority”. In a republic such as ours laws are made by elected officials in bodies called legislatures. This system is breaking down. In response to demands from vocal groups that are funded by billionaire socialists and fronted by spoiled celebrities or teenage bullies, ( this is called mob rule), corporations have decided that they can make de facto laws and indulge in discrimination with impunity as long as they align with the liberals. Why is it acceptable for Dicks Sporting Goods to refuse to sell a legal product (a rifle) to legally qualified buyers (aged 18-20) based on personal opinions (indulging in age discrimination) but it’s not acceptable for a bakery to refuse to bake a cake for a same-sex marriage because it violates the owner’s personal religious beliefs? Regardless of their endless rants against discrimination, liberals clearly believe that discrimination is only bad if it violates their world view, otherwise it’s wonderful. If Dicks can get away with it the liberal judge who ruled against the bakery should be removed from the bench.

Now we have giant banks, notably BOFA and Citi, refusing to do business with legal firearms manufacturers and retailers. This is clearly an effort to shut them down, and if it’s allowed, who will the rich elitists decide to shut down next? As the foundation of commerce banks have a lot of power, and with it comes the responsibility to society to treat all legal enterprises equally. Corporations can do this in communist China, but it shouldn’t be happening here.

There is one sure way to stop bank lawmaking. If the banks have gotten so big that they think they can make de facto laws, it’s time to break up the big banks.

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Retroactive Laws: A New Assault on Private Property

A retroactive law is a law that criminalizes a past action that wasn’t a crime at the time.  Known as “ex post facto” laws, they are strictly and unambiguously prohibited by Article I, Section 9 (for Congress) and Section 10 (for states) of our Constitution.  They can be used to punish a person and/or to seize their property which is why such laws are banned.  Progressives, however, see the Constitution as an obstacle to their agenda.  I’ll look at one example of how they’re being used and then discuss the very slippery slope of ex post facto laws.

The state of California has passed some restrictive new gun laws.  One bans the manufacture and sale of high capacity magazines; the other (SB1446) prohibits possession of such magazines (hence requires confiscation) that were legally purchased in the past.  The constitutionality of the first law may be under debate everywhere but the second one is clearly unconstitutional.  It’s a retroactive ban, therefore it’s a ex post facto law.  Those who don’t submit to a mandatory “buyback” will be criminalized for what was a legal activity at the time of purchase.  The term “buyback” itself is a misnomer.  The government can’t buy back something it never owned.  If the government asserts ownership of all private property it’s a communist government.  Unless the government is paying full retail value for confiscated items it’s also theft.  Obviously confiscation of items obtained illegally or used for criminal purposes is a different matter that doesn’t involve ex post facto laws.

OK, you don’t care about the Second Amendment, but let’s look at just how slippery a slope ex post facto laws against private property could become.

The EPA has issued increasingly strict tailpipe emission and gas mileage requirements for cars and other light vehicles.  Tier I took affect in 1994, Tier 2 in 2004, and the Obama administration has approved even stricter mileage requirements in the future.  The standards that took effect in 1994 and 2004 effectively banned the future sale of new vehicles that didn’t meet those standards but they didn’t ban the ownership of older vehicles.  Suppose, however, that our progressive government, influenced by the socialist UN, decided to confiscate all vehicles that didn’t meet Tier 2 standards?  Of course they’d pay owners some token sum for surrendering their means of transportation but it would impose the greatest hardship on those who could least afford it.  Do they care?  NO!  Most politicians are rich.  As  I said once before, rich elitists will always live above the messes they cause for the masses.

You don’t think this could happen?  Don’t make me say “I told you so” again!  Over a year ago I predicted that we might someday see an environmental impact tax on meat.  Now the UN is actively recommending such a tax and Denmark is considering one.  Socialists are as relentless as ISIS when it comes to imposing their will on everyone.

The concept that private property that is obtained legally and not used for criminal purposes belongs to individuals, not the government, is fundamental to our freedom and our entire way of life.  Don’t let socialists incrementally deprive us of that freedom.

Repeal the Bill of Rights?

In “The Freedom Triangle” I explained how freedom is defined by three components: democracy, rights, and responsibilities.  Our basic inalienable rights are found in the first ten amendments to the Constitution, commonly known as the Bill of Rights.  Every one of them is important.  Every one was included because the authors of the Constitution, in their wisdom, had seen how authoritarian governments had abused their subjects and sought to protect us.  In fact the Constitution doesn’t talk about “subjects”, it talks about “We the People”.

Now the Constitution can be changed by the deliberately cumbersome process of amendment.  It’s long and tedious and the outcome is uncertain, but in this case that’s a protection, not an inefficiency.  Democrats, socialists, and other progressives, however, have found ways to weaken our rights by DE FACTO means.  That term simply means “that’s how it is”.  If you don’t like a law but can’t easily change it, find ways to circumvent it.  These tactics might be unofficial, like intimidation, or official, through restrictions or taxation.   In this article I’ll look at how several amendments are being attacked.

First Amendment:

Intimidation (aka Bullying):  At this time intimidation is the primary weapon against free speech.  It began with political correctness, a crybaby concept that has grown from a minor nuisance into a state religion.  We see intimidation on college campuses where students complain about “micro-aggression”, demand “safe spaces”, and are even told to call police if they hear something “offensive”.  Now that’s intimidation.  On a larger scale, political correctness stifles communication to a point where serious issues can’t even be discussed.

Intimidation also threatens religious freedom by erasing religious equality.  When Christian churches remove exterior crosses so they don’t “offend” Muslim immigrants they’re not accommodating newcomers, they’re surrendering their right to exist as a public entity; doing exactly what is required in Muslim countries.  From a Christian point of view they’re denying Christ just as Peter did.  When a restaurant owner is bullied into removing a sign advertising bacon for breakfast his free speech is suspended.  Jews don’t eat pork either but they’ve never tried to impose their dietary rules on others.

Legal Action:  Can the USA have laws against free speech beyond the “don’t yell fire in a theater if there isn’t one” and “don’t threaten violence”?  Maybe, because it’s happening in European countries that guarantee free speech.  In Germany a comedian has been arrested for insulting the president of Turkey, and In Sweden people can be arrested for ethnic slurs.  Some in the US are saying that “climate change deniers” should be arrested and oil companies should be sued because they “knew” their products would cause climate change.

Second Amendment:

Propaganda:   No amendment is under heavier public attack than this amendment, even though self defense it a fundamental human right.  It’s in common law because historically only the un-free (prisoners, serfs, slaves) were denied the right to protect themselves and their families.  We hear anti-gun propaganda everywhere, much of it funded by billionaires who are surrounded by armed bodyguards.  Their message: “be rich or be dead”.  They blame the NRA for Chicago violence, not the gang members doing the shooting.  They make their case with bogus logic that anyone who has learned how to think can spot as invalid.  Any criminal act is the act of a person, not an object.

Legal Action:  In addition to funding propaganda campaigns, billionaire Mike Bloomberg spends millions to buy local elections for anti-gun candidates who will then enact restrictive laws.  The result is a confusing patchwork system of laws that turn honest people into criminals while doing nothing to stop crime.  Liberal San Francisco’s laws are so tough that the last legal gun shop had to close, yet they did nothing to stop an illegal immigrant with a stolen gun from murdering an innocent young woman.  Chicago’s tough gun laws can’t stop the endless gang wars that have made it the murder capital of the US. The latest effort to drive gun makers out of business is to attempt to sue them for gun violence.  No company has ever been held liable for criminal use of their products because the company has no control over the consumer.

Taxation:   Everyone has heard Chief Justice Marshall’s statement that “The power to tax is the power to destroy” and liberals know punitive taxes can be used to deny “little people” their rights while preserving “billionaire rights”.  Seattle has a $25 tax on guns, a US territory has a $1000 tax per gun, and Hillary wants a 25% tax on guns (all for more money to squander).  What part of “right” don’t they understand?

Health care:  President Obama and his British-born Surgeon General, Dr. Vivek Murthy want to draft doctors into their war on legal gun ownership.  They have decreed that “gun violence” is a public health problem (but gang violence isn’t) so doctors should question patients about gun ownership, presumably to then evaluate their mental fitness to own a firearm while simultaneously creating a national gun registry in those digitized medical records.  Since doctors don’t get “gun violence” training (they don’t get knife or fist violence training either) they’ll be fed the far left agenda and sent out on a mission to declare as many people “mentally unfit” as possible (it’s already happening at the VA).  That won’t work on doctors who are also hunters but it will on many.  The answer is “no”.

Intimidation:  I discuss the DOJ’s “Operation Choke Point” under the Fifth Amendment.

SCOTUS:  In the case “D.C. vs. Heller” the Supreme Court upheld the right of honest people to own a firearm for self defense.  Progressives would love to get this ruling overturned.  That would effectively repeal the Second Amendment.

Fourth and Fifth Amendments:

Legal Action:  The fourth Amendment protects private property from unreasonable search and seizure without due process.  The fifth Amendment protects individuals from being deprived of “life, liberty, and property” without due process.  Government departments are using often dubious tactics to deprive people of their property without adjudication.  Here are two of them.

The IRS can seize bank assets of individuals or businesses if they suspect small deposits are being “structured” to avoid reporting requirements of amounts in excess of $10,000.  They don’t need any evidence of criminal activity, indictment, trial, or conviction to proceed.  Victims are often small businesses that deposit money regularly just to avoid being a robbery target.  Even innocent people must file an expensive lawsuit to get their money released.

Police can seize property under “civil asset forfeiture” if they suspect criminal activity, and that includes “untainted” assets, i.e., those not associated with the suspected activity.  Again the word is “suspected”; no indictment, trial, or conviction required.  Asset seizure can make it difficult for an accused person to hire attorneys and prepare a defense; a right guaranteed by  the Fifth Amendment.

Eminent Domain:  Eminent domain was included in the Constitution to allow governments at all levels to take private land, with compensation, for public projects that would benefit the community.  The intent was to support construction of roads, bridges, schools, and other public facilities.  That concept has unfortunately been expanded to allow taking of private property for private developments under the guise that they will expand the local tax base.  This “public good ” is nothing but a gift for wealthy developers at the expense of the people.

Intimidation:  The DOJ has initiated a process of intimidation not supported by any law called “Choke Point” to cut off “high risk” businesses from having bank accounts and obtaining credit.  Basically banks are threatened with legal action so they cancel the accounts of many honest businesses that pay taxes and wages.,  High risk businesses include firearms dealers, short term lenders, used car dealers, and adult entertainment.  So, what constitutes “high risk” is determined by politically motivated bureaucrats, not the law.  Congress has been urged to outlaw this practice but liberals support it because it furthers their agenda of control of the people.

Ninth Amendment:

Legal Action:  This amendment protects “unenumerated rights” of the people, i.e., those not specifically guaranteed by the other nine amendments in the Bill of Rights.  The most important right that has been asserted under this amendment is the right of privacy.  As the Federal government demands more an more tracking of peoples’ lives privacy is being lost, often in the name of the “common good”.  That is collectivism, the antithesis of what the Constitution stands for.  To make the situation even worse, neither the government nor various private data collection agencies can adequately secure their data against hacking or insider misuse.

Tenth Amendment:

Congress:  This amendment says that all responsibilities not specifically assigned to the Federal government by the Constitution remain with the states or the people.  Congress has been more than happy to de facto repeal this amendment with “one-size-fits-all” programs.  Nothing in the Constitution allows the Federal government to control public schools yet Congress created the Department of Education and has given it unlimited power over the states and parents.  This has allowed billionaire Bill Gates to fund development of Common Core, his vision of an ideal system, and coax the government to enforce it.  Nothing in the Constitution allows the Federal government to use the IRS to enforce health insurance yet it approved the ACA.  All the promises associated with this program were lies: costs will go down, you can keep your doctor, etc.  Even the insurers are losing money on this one.  Rising health care costs are a problem but the ACA does nothing to solve it.

Intimidation:  The Department of Education uses threats of withholding education money from school districts that refuse to comply with it’s directives.  Simply put, it uses our tax dollars against us.

So, that’s the picture, and it isn’t a good one if you value freedom because without rights you are not free.  Can the Bill of Rights be saved?  Yes, but time is running out.  The 2016 elections will pretty much determine whether your children will stand in freedom or kneel in servitude.

 

If you like your rights you can keep them… NOT.

Call Him “The Murderer”

As the media and liberals continue their anti-gun rhetoric in response to recent school shootings the media should look in the mirror and see how it contributes to random violence. A typical random mass shooter is a mentally ill loner who believes that society has marginalized him so he wants to do something so “everyone will know his name”. The media gives him his 15 minutes of fame plus many days thereafter.
We all knew the names of the killers after the Columbine attack. We heard them and saw their pictures for weeks. Is it any coincidence that so many “copycat” killers have studied the attack at Columbine to a point of obsession? Yes, the media needs to report the crime, to tell us his name, to show us his picture; and to tell us if he was motivated by mental illness, legal or illegal drug use, gang association, or radicalization; but after that focus on the victims, not the killer. Here’s my suggestion.
After the initial report, unless there’s a significant new development, don’t use his name or show his picture. Use a shadow picture and just call him “the murderer”. Don’t call him “shooter” or “sniper” or any term that sounds like a movie title, just call him “the murderer” or “the mass murderer”. Don’t make excuses for him because he is not the victim, those he shot are. Don’t give the next copycat wannabe any rationale for his irrational intent. If a parent gave weapons to a child whom they knew had mental issues or was simply too young to legally possess a firearm advocate for holding that parent responsible because in many states gun owners are legally responsible for securing guns from anyone in the home who shouldn’t have access to them.
Putting all the blame on the weapons is politically convenient but it oversimplifies the problem of violence. Guns don’t make people kill any more than cars make people drive drunk. People make that choice. Parents ignore signs of mental illness in their children, some schools don’t adequately confront bullying, friends ignore warnings posted on social media, drug companies push drugs with side-effect warnings of violent or suicidal tendencies, cities have gang problems they choose to ignore, and the mental health “system” (if it can be called that) is incapable of meeting the demand for services, particularly if inpatient care is needed.
Look back 50-60 years. People could buy guns, even by mail, without any controls yet the country didn’t have mass shootings like today. Regardless of it’s appearance a gun is still a tool that requires a human operator to function. What has changed are people, so people must be held responsible.

Disclaimer: I use “him” because recent mass murderers have been male but there’s no reason why a female couldn’t commit a similar act.

Because We Can, That’s Why.

Why do wealthy liberal elitists seek to undermine or destroy our way of life?  Because they can!

George Soros is one of the richest men in the world.  He made his fortune under our capitalist system.  He hates this country.  He supports as many liberal and socialist causes that he can find and thinks the US should surrender sovereignty to international agencies.  He is the principal architect of the “New World Order”.  So why does someone who began life as a poor Hungarian and worked his way up as many others have done hate the USA?  Who knows.  Maybe he resents his insider trading conviction.  Maybe it’s his belief that that he’s a “Messiah” of some type.

He’s certainly not the only one who “made it” in capitalism and then decided to help impose socialism on the nation.  Hollywood celebrities routinely donate to far left causes.  Former NYC mayor Bloomberg would deny people the right to defend themselves, even in their own homes, yet he’s surrounded by bodyguards.  He also wants to control what you eat.  Mark Zuckerberg is another anti-gun open-border billionaire who enjoys the protection of 16 bodyguards!  Bill Gates, though his investment in Common Core, has sought to buy the US education system and transform it into a factory to turn out obedient workers.  President Obama wants to raise our taxes, lower our standard of living, and flood the country with illegal immigrants who will eventually be granted citizenship and vote Democratic.

Celebrities who campaign against climate change are also hypocrites.  Someone who owns three mansions, six cars, a yacht, and travels by private jet has no right to criticize anyone else’s carbon footprint.  If they believe the masses should be herded into high rise hovels let them lead by example.

The common theme is that these elitists will never have to suffer under whatever they manage to impose on society.  They will always have their gated communities, bodyguards, and evasion-trained chauffeurs.  They will enjoy fine dinners prepared by personal chefs.  They will always have their concierge doctors and personal trainers.  Their children will enjoy private schools and exclusive colleges.  If a recession wipes out middle class savings they will still have more money than they can spend in a lifetime.  Yes, there are wealthy conservatives too but most of them support the Constitution more than the UN.

The New World Order is not a democracy; it’s actually a return to the Middle Ages when the masses lived in servitude for their wealthy lords.  It’s government of the elite, by the elite, and for the elite.  It’s the antithesis of why this country was born and it is not the way this country should die.

The Rich Elite Will Always Live Above the Messes They Cause for the Masses.

Update:  Billionaire Bloomberg is spending millions on local efforts to impose punitive taxes on sugary sodas.  There’s little difference between a punitive tax and a government official pointing a gun at you.  Notice that Bloomberg never campaigns for higher taxes on billionaires.

Laws should deter criminals, not create them.

Laws are supposed to deter crime and punish criminals, not persecute honest citizens.  An increasing number of laws favored by liberals do nothing to stop crime but do restrict, and in some cases criminalize, formerly legal behavior.  It’s a liberal power grab, and it’s about control of the people, not law enforcement.

Start with the proposed ban on virtually all ivory trading.  Ivory has been worked into beautiful art for centuries, and is prized by collectors, but sculptors of past centuries didn’t provide “certificates of authenticity”.  The ban would prohibit trade, and even estate transfers, of most ivory items with the stated goal of protecting elephants from poaching.  There is, and has been for years, an illegal ivory trade, with much of today’s demand coming from Asia (like the prized rhino horns).  The ban will do nothing to stop it, but it will criminalize honest collectors.  Some will move their trades underground and become criminals.  Others will see their private property seized and destroyed with the same blind zealotry that the Taliban showed in destroying ancient Buddhist statues.  How does destroying antiquities protect elephants?  It’s just another way socialists seek to subjugate the population.

Now consider the mandatory firearms registration in Connecticut and New York.  This won’t stop the next armed robbery, gang fight, or psycho rampage.  It does, however, criminalize honest people who legally bought guns but fail to register them.  Registration doesn’t stop crime, but it does pave the way to confiscation next time some nutcase shoots people, thus denying the basic human right of self defense in one’s own home to honest citizens.

Some see the second item as a 2nd amendment issue, but both are issues regarding private property.  The notion that legally acquired property is not really yours, but that it can be taken by the government at any time, is the antithesis of freedom.

While on the subject of property, a disconcerting recent liberal statement says that the state owns our children.  Maybe that was true in Nazi Germany but it’s not true here.  No one owns another human being, but parents own the responsibility to raise their children.  The state has no right to step in unless the parents are criminally negligent or abusive.  Locking your kids in a cage and starving them is criminal abuse; letting them enjoy a “Happy Meal” is not.  Sorry, libs.