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Tyranny by Ten

This Tuesday, two and a half days ago, the 4th Circuit Court of Appeals created a new law about guns and gun ownership in America out of thin air and completely contradicting recent US Supreme Court decisions the lower courts are bound to follow

If you want to see why citizens’ faith in the judiciary branch has declined, this bizarre decision is the best latest example.

It is gross over-reach far exceeding the court’s authority, and nullifying all of the judicial precedent litigated and decided before by the highest court.

Recall that judges cannot make up law.

They are fully bound by precedent.

They cannot make up policies.

They cannot come to a conclusion that is outside the subject of what has been litigated in front of them.

They cannot second-guess Congress.

They cannot ask what personal motives were behind a president’s executive order.

It does not matter what a judge personally thinks. None of this is supposed to enter into a judge’s ruling. When it does, the ruling is meaningless garbage.

Judges can only interpret the laws that are passed by Congress and signed by the President, or the state equivalent. That is it. That is their sole scope and ability.

At their most precise and honest moment, judges simply determine if a law is Constitutional, or not, or if it needs to go back to the state or federal legislative branch for re-work.

Brazen activism like this week’s decision serves only to undermine the judiciary, not strengthen it, because people will either utterly ignore these wayward judges, or they will seek to have them removed from their office, for good cause. Or both.

I myself do not feel bound by this illegal decision, and I will not comply with it no matter who says I must. These ten judges-gone-wild do not outweigh the collective decisions of the populace. If this court wants my guns, the authors of this decision can come to my home and try to take them away.

Come and (try to) take them!

In this particular instance of judicial malfeasance, ten of the court’s fourteen judges decided on their own that a new legal test was needed, a test that had never been used before by Congress, by the framers, the Constitution, or prior courts.

These ten judges decided to call it the “weapons of war” test, and they simply state that the Second Amendment never intended for American citizens to possess “weapons of war,” which according to these judges include the basic AR-15 rifles that are commonly used to hunt coyotes every week across the nation. Never mind that this new test would have eliminated from their personal possession the very military grade guns the American Patriots used to defeat the British.

But obviously logic is not of concern to these judges. The language of the majority decision and supporting decision is florid, full of political and emotional hyperbole, uses sophomoric logic and impolitic language (“the American people deserve a break”), and is simply disconnected from Constitutional text or legal precedent.

It is the equivalent of my kids saying “So, there!” in an argument.

But wait, there’s more!

Beyond being merely political, the majority bizarrely state that the decision is consistent with the US Supreme Court’s Heller decision, when it is in fact completely contradictory. Talk about shades of Orwell’s “1884,” where up is down, black is white, etc.

This is not a legal decision, it is a political decision.  It is a bold, defiant “I dare ya!” act by ten radical politicians wearing sombre black robes. And it is not just about guns. This decision is about rogue, out-of-control judges destroying the fabric of our Republic, which was not designed to turn over all issues to the judiciary, as if they make our every decision for us. This court throws the whole delicate machine of democracy out of kilter.

These judges are anti-democracy, plain and simple. They want a certain policy outcome, and because they cannot get it legitimately, legally, through the established legislative process, they simply want to wave a magic wand and make it so.

As much as this illegal decision shocks me, I do have to thank these judges, because they have outed themselves. By engaging in such egregious over-reach, illegally reaching deep into the realms of policy and law, they have willingly exposed themselves as frauds deserving of the most serious correction our system of government allows for – removal from the bench.

Now it is up to those American citizens who want to ‘drain the swamp’ and reclaim American government so that it serves We The People, to remove these anti-democracy activists from their sacred judicial roles. We can push to have them impeached or removed administratively.

Either way will do. Tyranny by ten cannot stand. We the People demand our rights.

 

Judicial independence, or over-reach?

Judges do not technically have an ability to do more than rule “Yes” or “No” on an issue that is both before their court and also justiciable.

However, for decades activist judges use “broad powers” to advance a political agenda and have continuously put average Americans on defense. This means overstepping boundaries around the judicial branch, reaching deeply into the legislative and executive branches. These activist judges ignore the elementary separation of powers at the heart of the American republic, and they establish themselves as rulers by fiat over all the little people.

Because all people (literally everywhere) want to respect judges, and the justice system, as the heart and soul of democracy and quintessential justice, a culture of deference has built up around even the most active judges who legislate from the bench. That culture is at work now as several extreme judges have ruled that President Trump’s executive order on immigration must stop. The truth is that the recent immigration order is both in keeping with existing law and with the Constitutional purview of the executive branch. Judges really have nothing to say about it. Technically speaking.

But, so powerful is the draw of an independent judiciary that Americans have for a long time given up their rights, liberties, even our immediate safety to even the most obvious judicial political over-reach. Plenty of judges create “rights” where none existed before, or take rights that are expressly stated in the US and most state constitutions.  The problem with this is it is unsustainable.

Judges are not elected, and when they act as if they are, and as if they are part of the political system from which they are supposed to remain aloof, they undermine the entire system of law that delicately balances upon their shoulders.

What is now happening as more and more judges engage in out-and-out political action, is the American citizenry believes less and less in what those judges do. The citizenry is losing confidence that those judges are capable of upholding the basic tenets of America, first and foremost.

A truly independent and cautious judiciary is one that passes up most legal complaints, focusing instead on the truly important ones that cut to the heart of American representative government. America is far beyond that now, and here is what we ought to be doing about it:

First, the executive branch must ignore the rulings of imperial activist judges. Simply ignore them, because judges have no actual enforcement power. Ignoring activist holdings will strand activist judges and draw attention to their powerlessness, re-focusing attention on the real heavy weight of truly well-considered holdings. Activist judges have only themselves to blame for this.

Second, activist judges must be removed from the bench, either through elections, impeachments, or administratively. For far too long judges acting far beyond their natural limits have gotten away with murdering democracy, and it is time for Americans to reclaim their freedoms. It is time to focus our efforts on reining in judicial over-reach, so that we might have an independent judiciary worthy of our admiration, respect, and deference.

If you want freedom, you are going to have to fight for it

Nevada senator Harry Reid changed the US Senate rules last year, which may not sound like a big deal.  But those rules had been in place for about 215 years, a significant portion of America’s existence.

The former senate rules ensured that a slim majority of senators could not win important votes by a slim majority of votes.  Important votes like confirming federal judges, whose stamp on the nation’s character lasts for decades.  Some federal judge nominees are extremists, nakedly partisan political activists who only wear the black robes for effect, not because they are truly dignified and above the political fray.  The former rules prevented those extremists from being confirmed to the bench unless a super-majority of US senators agreed.

Harry Reid’s rule changes allowed his party to ramrod through a whole freak show of kooks, anti-American anarchists, and other assorted wing nuts.  These are not people dedicated to serving American citizens; these people are at war with the America we grew up with.  They think that Communism only failed because the Soviets didn’t implement it correctly, not that Marxism is a bad idea.

Last week I sat about ten feet away from where US Senator Pat Toomey was speaking at the Perry County Republican Committee Fall Dinner (kudos to county chairman Don McClure for getting Toomey to speak to us).  Sure, Toomey said a lot of good stuff.  But then he dropped a bombshell, even worse than his ill-fated anti-gun legislation last year: If the Republicans regain the US Senate in two weeks, they will return the Senate rules back to the old set.

Toomey said that this would be done to “prove” that Republicans are “better” than Democrats.

Well, what the hell, Patrick?  The liberals are playing to win, to win everything, to win all the power, to take over the entire nation, and the Republican party establishment is engaged in a game of checkers.

In Houston we got to see what Liberals-Gone-Wild really looks like, as the new mayor there served subpoenas on many of the pastors in the city, who had dared to exercise their First Amendment rights and oppose the mayor’s policies.  In other words, the only free speech under liberals is speech that they approve of, using the full force of government coercion to achieve their goal.  In other words, we are in a fight for survival, for the basic core of American democracy.  We have to win this fight, because if people like the Houston mayor win, if people like Barack Hussein Obama win, every citizen loses.

Here’s the thing that people like US Senator Pat Toomey just do not understand, that they will never understand: A gentlemanly duel with the liberals will not succeed.

Instead, a bar room brawl is what is needed, and frankly, it is what is desired by the disaffected grass roots activists who otherwise fuel the Republican party.

If you want to hold onto your freedoms, you’d better fight like hell to hold onto them, fight at least as hard as your opponent, if not harder.  That means letting the people who changed the US Senate rules learn to live with that change under Republican administration.  The Republicans should run the US Senate for at least one year, maybe two years, under Harry Reid’s new rules.

Any Republican senator who cannot support this stance is not really committed to winning back the America that the liberals have dramatically damaged over the past six years.  Republican senators who are only committed to the meaningless game of checkers, to the effete gentlemanly duel, what are they doing there?

Step aside, Patrick.  The rest of us are rolling up our sleeves and grabbing something solid and heavy to set this situation right.  That’s right, that heavy lifting is always left to the grass roots activists, isn’t it….

Some Westerners still adore Imperialism despite their protestations

If there is one hotbed of kooky political extremism in Western Civilization, it’s England.

As it was in the 1920s and 1930s, England is full of self-proclaimed “peace” activists and anti-imperialism yellers and screamers.

Their weak righteousness brought on World War II, and paved the way for massive treasonous infiltration of English government at all levels.

Many Soviet Russian spies were warmly welcomed by these activists to set up shop and undermine the individual rights and liberties that mark the strongest European democracy.

Anti-British sentiment ran and still runs quite deep in Wales, Ireland, Scotland, the Falklands, and many other far-flung places unassociated with England proper.

Yet where were those activists then, when those nations next to England yearned for their own self-determination? Sure, the activists accused everyone else (America, Israel, the actual anchors of Western freedom and tolerance) of vicious imperialism, but they themselves loved the unfair, artificial, imperialistic, forced notion of a UK. Scotland, Ireland, Wales were independent places with unique languages, cultures, and religions. They were hardly “united” with England by choice.

The Falklands? WTH?!

Why now that Scottish citizens are finally waking up to their own freedom are the British trade unions, left wing activists, and self-appointed bosses of equality silent on Scotland’s chance for true opportunity?

I’m not Scottish, Welsh, nor Irish, I am an American, but I do know that my country fought British imperialism many times, and that Americans greatly benefited from their Constitutional republic’s individual liberties.

It is time for Britons to act in a consistent, civilized way, and set aside their imperial self-interests.

As a former Scottish freedom fighter once said on film, FREEDOM!

Ken Matthews, local reporter extraordinaire

WHP580 AM radio has long been a source of news for those hungry for accurate reporting outside of the establishment media liberal agenda.

Bob Durgin was the lovable, garrulous, crotchety, cowboy hat wearing local man-on-the-street news guy from 3:00 to 6:00 daily, and his news items shaped a good deal of local, regional, and state politics.  Because Durgin worked in the state capital region, he was listened to by a population of political activists.  So when the PA state legislature midnight pay raise happened, Durgin was on the soap box, giving vent to his frustration.  He inspired an entire movement and generation of political activists; existing activists like Gene Stilp, Russ Diamond, and Eric Epstein were bolstered by having weekly access to his show as guests, and often sitting in for Durgin when he went on vacation.

After Durgin retired, Ken Matthews was hired by RJ Harris to run the 3-6 slot.

Honestly, I wasn’t sure if Ken was going to make it during his first couple of months at the microphone.  His listeners missed Durgin’s style, and they missed Durgin’s local content.  It is a tough place to be, following three hours of Rush Limbaugh, and the natural inclination is to talk about national and international issues.  After all, these big issues best reflect the great principles and ideas that guide government, both good and bad.

So Ken’s callers were hostile towards him.  They didn’t like his style, his voice, or his views.  It was a rough transition, and it came through the radio like a sharp thumb in the eye.

But to Ken’s credit, he dove into the Central PA culture and took a crash course in our ways and our people.  There is a reason that this region is the most politically and culturally conservative area in America.  Our people here will always fight the good fight, and they want to be knowledgeable about politics.

Ken Matthews has now mastered the audience’s interests and passions, and he has really hit his stride.  Last week Ken reported on the frivolous but dangerous lawsuit against Perry County Sheriff Nace, by liberal county auditors seeking concealed carry permit holders’ information. Did the Patriot News report on it up front? No.  But, surprisingly, that liberal activist newspaper had an incredible interview with citizen activist Jim Lucas, after the fact.  So Ken is having an impact.

Ken’s reporting awakened a sleeping giant in otherwise pastoral, tranquil Perry County.  Ken is a hero.

Perry County’s tranquility is often seen as being simple and backwards by outsiders.  As a guy who grew up in very rural farm country, I can tell you that the outward tranquility masks a soul of steel and resolute commitment to American liberties.  City slickers do not understand that.  Here comes the political surprise, folks!  The hornet’s nest was knocked down with a broom handle, kicked, and then a swarm of angry hornets poured forth.  The implications for the 2016 state senate race in the 15th PA senate district are huge.  Perry County voters are now riled up.

Thank you to Ken Matthews, a friend of our Second Amendment rights, and a fantastic local reporter.  We are pleased to have you wearing Bob Durgin’s big cowboy boots.

Interesting times…ancient Chinese curse

An ancient Chinese curse goes “May you live in interesting times,” meaning that turbulence should mar your life.

Well, turbulence has arrived: Tom Ridge is now joining anti gun activist Mike Bloomberg in a new effort to destroy the Second Amendment. At a time when murders are at record lows, due in great part to greatly liberalized concealed carry opportunities across America, it’s impossible to justify Bloomberg’s obsessive focus on stopping that increased self defense. Ridge has been a political hero of mine, and he was an excellent governor.  How sad.

Another oddity is the unlikely presence of a primary competitor to present governor Tom Corbett. Political activist Bob Guzzardi will remain on the ballot, despite PA GOP efforts to remove him. I’ve never met Guzzardi, but I do believe in competition and political choices for voters. Guzzardi represents those values. Corbett has nothing to fear, and he should use the challenge to strengthen his responses to the ridiculous attacks by Democrat candidates for governor, specifically the bizarre claim that budgets have been cut for schools.

Why I am against “gun control” in a nutshell

I am against “gun control” because it has no correlation with crime control.
Police are not required to protect individual citizens from harm, but rather to provide for the general peace.
So now we have government officials who want to remove my ability to defend myself. But they will not provide for my defense, nor will they be accountable for either failing to protect me, or for eliminating my ability to protect myself.
This is the definition of failed government. It is all about control, and nothing about serving the citizens that give it legitimacy.
This is the situation in England, where law-abiding citizens are disarmed, and self-defense is punishable and is actually often punished more harshly than the criminal act that initiated the defense.
British activist Piers Morgan pretends to be a journalist, but he is an advocate for policies that clearly violate America’s Constitution, a document created to protect Americans against people like Mr. Morgan.
That’s why I am against “gun control.”