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Wednesday, April 10, 2013

Congress Can't Vote The Bill of Rights Away -- We're Not a Democracy

Associate Justice Robert H. Jackson, writing for the majority in the decision of West Virginia Board of Education v. Barnette, US Supreme Court (319 US 624, 1943):
The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections.
(Emphasis from Ol' Backwoods.)

By the way, 'vicissitudes' roughly means ebb and flow, changing this way and that.  You know, like HopenchangeTM.

What Justice Jackson is saying here is that this ain't a democracy, it's a constitutional republic, and fundamental rights can't just  be voted away.  Just because politicians can cobble together a majority in Congress, doesn't mean you lose your right to free speech, or right to petition the government for justice, or right to privacy, or the right to a speedy trial with a jury of your peers.  Yeah, I know, they've been doing all these things for years, but they shouldn't be able to.

And the right to keep and bear arms falls in the same category: it cannot be voted away like the US Senate will try to do tomorrow.

US v. Heller established that the right to keep and bear arms is a fundamental and individual right.  McDonald v. Chicago established that the states and cities must obey the 2nd Amendment as stating a fundamental and individual right.

Fundamental rights can't be voted away.  You can't have a vote on the Bill of Rights in Congress.   It is illegitimate, and those that try are committing treason against the Oath to protect and defend the Constitution.

Talk show host Mark Levin had an awesome rant on this last night.  The video is below.  Enjoy.

2 comments:

  1. No matter what additional unconstitutional infringements of our gun rights are passed - bans, registration, and/or any/all other infringements of our rights, I will not comply. Millions more will not comply.

    Obama's DHS Gestapo and other alphabet agencies have recently purchased over 1.8 BILLION rounds of hollow point ammo – enough to shoot every man, woman, and child in the country 5 times or more - enough for over 20 years of warfare here in the homeland at the intensity of the Iraq/Afghanistan conflict - ammo that’s illegal for military use under international law, and have just ordered more and an additional 7,000 FULLY AUTOMATIC "personal defense" weapons. They have also recently purchased almost 3,000 armored fighting vehicles for use on the streets of America, in addition to the many already obtained from DoD. How does anyone with the capability of rational thought escape the conclusion that our government is preparing for a war on its own citizens?

    Feinstein, Schumer, Obama, Holder, Bloomberg, Cuomo, and their whole gang are tyrant wannabes. To them, anyone who does, or might, oppose their control over every aspect of our lives, is “a criminal” because they said so.

    To quote a few of their heroes, with explanatory comments in ( ):

    “Political power grows out of the barrel of a gun.” – Mao
    (They revere Mao and the way he ruthlessly grabbed power in China. The fact that he murdered about 100 million Chinese to do it is, to them, a “feature,” not a “bug.”)

    “If the opposition disarms, well and good. If it refuses to disarm, we shall disarm it ourselves. … The only real power comes out of a long rifle. … Everyone imposes his own system as far as his army can reach. … We don’t let them have ideas. Why would we let them have guns? … The death of one man is a tragedy. The death of millions is a statistic.” — Joseph Stalin

    “The most foolish mistake we could possibly make would be to allow the subject races to possess arms. History shows that all conquerors who have allowed the subject races to carry arms have prepared their own downfall by so doing. Indeed, I would go so far as to say that the supply of arms to the underdogs is a sine qua non for the overthrow of any sovereignty.” — Adolf Hitler
    (These psychopathic sociopaths in our government – and THEY ARE PRECISELY THAT, never make the mistake of doubting it – believe that they are anointed to be our rulers and that we are the equivalent of Hitler’s “subject races.” And we know what they did to "them.")

    Don’t tell me, “It can’t happen here in America.” To borrow a quote from Mike Vanderboegh,
    “Anyone who tells you that ‘It Can’t Happen Here’ is whistling past the graveyard of history. There is no ‘house rule’ that bars tyranny coming to America. History is replete with republics whose people grew complacent and descended into imperial butchery and chaos.”

    262 MILLION people were murdered BY THEIR OWN GOVERNMENTS in the 20th century – AFTER they allowed those governments to disarm them. See: http://www.hawaii.edu/powerkills/20TH.HTM
    They ALL thought “It can’t happen here” – until they were disarmed and it started, then it was too late. Don’t make the same mistake. Don’t EVER let your government disarm you.

    The Founders knew that government, if not constrained at every step, will continue to accumulate power and control until it becomes tyranny. That’s why they feared standing armies and insisted that the “right of the people to keep and bear arms shall not be infringed.”

    “A tyrannical rule cannot in any reasonable construction be accounted lawful, and therefore the disturbance of such a government cannot be esteemed seditious, much less traitorous.” – Thomas Aquinas

    When Injustice becomes Law, Resistance becomes Duty – Thomas Jefferson

    Take the pledge:
    http://oathkeepers.org/oath/2012/12/19/my-personal-pledge-of-resistance-against-any-attemp-to-disarm-us-by-means-of-an-assault-weapons-ban/

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  2. Biden this morning. This makes me puking sick.

    “It used to be we were dealing almost exclusively with hunters,” Biden said on MSNBC. “There’s a whole new sort of group of individuals now who, I don’t know what the numbers are, that never hunt at all but they own guns for one of two reasons: self protection or they just like the feel of that AR-15 at the range.”

    ReplyDelete