Posts Tagged → law
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.
Welcoming Mr. Scott Frederick, WCO
I would like to extend a hearty welcome to Dauphin County’s new Wildlife Conservation Officer, Mr. Scott Frederick. He is a recent graduate of the PA Game Commission’s Ross Leffler School of Conservation and he will be dedicated to conserving wildlife in Dauphin County. He joins Mike Doherty, Terry, Derek, and other hard-working conservation officers, and their deputies, in the pursuit of promoting sound wildlife management, fair wildlife laws, and recruiting new hunters and trappers.
Scott, you will find us and our friends to be law-abiding, good citizens, who share your passion for healthy wildlife and wildlife habitat. We will be there to help you whenever we can, and we look forward to working with you. Welcome to Dauphin County!
Is it time for civil disobedience and ignoring kook judicial holdings?
Civil disobedience, non-resistance obstructionism, and peaceful protests against clearly unfair laws and violent government agents is time-honored in America.
Civil disobedience works because it appeals to the higher mind, it appeals to the best, highest conscience in Western Civilization. You have to have an open mind to have civil disobedience work on your political views so that you vote for change from the status quo.
It won’t work in a Muslim country, where civil disobedience will just get you locked up and tortured, or summarily killed.
It did work for Ghandi in India because the 1940s British empire valued democracy and voting rights, and the public cry at home over images of British soldiers shooting peaceful protestors in Delhi’s public streets threatened to up-end political control at home.
Americans have successfully employed civil disobedience since the 1920s: Segregation laws, no voting rights for women, a lack of equal rights or opportunity across so many sectors of society… the causes were real and political changes were needed for America to live up to its promise.
And ain’t America an amazing place that it is designed to change and heal old wounds, to become a better place?
Because the original use of civil disobedience was so righteous, because so many of the laws being protested in the 1920s through the 1960s were so outrageously unjust, the behavior eventually took on a connotation of being above the law and always justified. In fact, over time even violence became justified in the name of Marxist versions of “justice,” and pro-violence slogans like “No Justice, No Peace” evolved.
Today, violent, fake civil disobedience has been employed by the “Occupy Wall Street” thugs, and by the violent criminals in Ferguson, Missouri. These events always start off as a routine, rote, formula civil disobedience act, and then they quickly devolve into destruction, arson, violence, beatings, attacks on bystanders….all in the name of some Marxist version of “justice.”
Inevitably, politically allied elected officials have begun to implement their jobs in a similar fashion. No matter what the law says, they ignore it, and make a big public deal about subverting the law. As if they are justified. They actually take pride in failing to implement the law as they are supposed to.
Examples of elected officials ignoring and subverting the law are a county clerk of courts issuing same-sex marriage licenses, despite Pennsylvania law saying it is illegal. Or Pennsylvania Attorney General Kathleen Kane refusing to defend state laws, because she personally disagrees with them. Or California banning state judges from belonging to the Boy Scouts. Or the Obama administration willfully failing to implement immigration law. Or Harrisburg City mayor Eric Papenfuse refusing to rescind city ordinances that are plainly illegal under state preemption law, because Papenfuse holds certain personal views about guns.
This lawlessness by the very people entrusted with safeguarding and implementing the law is dangerous. These wayward officials stand on quicksand, because the basis of our republican form of democracy is the rule of law – equal application of the law, irrespective of what one personally believes.
If government officials begin ignoring laws they disagree with, and implementing law that was not voted into being by the consent of the voters, then the rule of law is over, it has ended. The glue that holds America together is corroded, and the whole edifice can come down.
But let’s ask why only one side of the political debate does this. We know they get away with this because the mainstream media protects them, but the MSM veil has been pierced by the Internet, so the flow of information is no longer completely bottled up by fellow travelers.
Put another way, why don’t other people, say people like American traditionalists, “conservatives,” engage in the same behavior?
Here is an example of what could be done: Last week a federal judge ruled that Arizona must issue drivers licenses to illegal immigrants. Never mind that these people are in America ILLEGALLY, the claims they make for their applications could be and often are fraudulent, and the cost of these services is unfairly covered by taxpayers.
Why don’t the good officials of Arizona simply ignore that judge’s insane ruling? That judge has no ability to actually make Arizona issue drivers licenses, and if I worked in Arizona government, or if I still worked in federal government and had something to do with allowing illegal immigrants in, I would simply ignore that judge’s crazy ruling, or the illegal commands of the occupant of the White House.
There, folks, how do you like the taste of that medicine now?
Think of the many kook, nakedly political judicial decisions that are handed down, contrary to law and policy. Why reward these dictatorial jurists by following their dictates? Why not simply ignore them? God knows, they are earning it.
Civil disobedience and official lawlessness is a game that everyone can play, and at some point the people who have been acting like adults will recognize they only stand to lose by following the rule of law while their opponents exploit their fidelity, and only by fighting fire with fire will they make it clear that everyone must follow and implement the law, no matter what their personal views are, or everyone loses.
Or, people can do it the old fashioned way, and work to get the law changed one vote at a time.
When the government just takes your land
About four years ago, Pennsylvania state government created a new regulation setting aside 150-foot buffers on waterways classified as High Quality and Exceptional Value.
This means that 150 feet from the edge of the waterway up into the private property, it’s designated as off-limits to most types of disturbances.
The purpose was to protect these waterways from the effects of development.
The end result is an obviously uncompensated taking of private property by the government. When the government takes a tape measure and marks off your own private land and says you can’t do anything with this huge area, or a road is going through, you’re simply taken advantage of. You’re robbed. It’s Un-American. It’s unconstitutional.
Pennsylvania is a great state. I love living here. It’s saddening to see such top-down, command and control, clunky, one-size-fits-all regulations in this day and age. We can do so much better than this approach.
To start, create incentives for landowners to go along. Give tax credits and write-offs for land taken by government.
Do we all want clean air, soil, and water? Sure. Breathing, eating, and drinking clean air, food, and water are necessary to surviving. But that’s not the question.
The question is HOW we pursue those goals.
Requiring American citizens to simply give up their investments, with no compensation, creates losers in a system that was originally designed to make everyone a winner.
Instead of pitting government against the citizens, we need policies and laws that help and serve citizens, that are fair to citizens. That is by definition good government.
This current 150-foot buffer regulation is by definition bad government.
The war on Christianity, at home and abroad
With all these “wars” going on, you know, against poverty, drugs, Liberalism’s war on individual rights and liberty, Hillary Clinton’s war on women, it is hard to find room for one more.
But yes, there is another war going on, and it is purposefully un-reported by the mainstream media, for evident political reasons.
That war is the war on Christianity, in America, Europe, and across the Middle East.
Despite being the bedrock of American values and institutions, American Christianity in all its variations somehow turned into a target, somewhere in the 1960s. Those versions of Christianity offered as an acceptable alternative were far-left politicized versions with no basis in Christian texts, with Jim Wallis a good example. The modern day Quakers are another good example, as they are as America-hating, pro-tyranny, pro-totalitarian as any far-Leftist could ever hope for. These became the “good Christians.”
It is practically illegal to be a professing, witnessing, practicing Christian today in America. If you stand up for your religious rights, as guaranteed by the US Constitution, you are immediately labeled as a racist, a bigot, a mean person, a threat to others, and so on. You might even get sued for refusing to violate your own rights.
A wedding cake, wedding photography is somehow more important than religious beliefs.
Somehow, being opposed to the PUBLIC SUBSIDY of private birth control became another reason to hate Christians. Do you recall Sandra Fluke, the young lady who demanded that the public taxpayer pay for her to avoid pregnancy? Why Sandra Fluke just could not engage in abstinence, engage in behavior that would not lead to pregnancy, or pay for her own birth control were all public policy questions to which lots of Christians had the common-sense answers.
But because they are Christians, their common-sense views were somehow unacceptable, an establishment of religion…yeah, right. Christians founded America and wrote the laws that protect minorities. It is the Biblically-inspired US Constitution that was designed to protect minorities. The worst faults of America’s Christians pale, pale, pale in comparison to the depredation, cruelties, mass murder and sadism practiced by “liberated” minds in Fascist and Communist countries, which is to say, most of the world.
Across the Middle East Christian refugees are increasingly fleeing their ancient homelands in the face of Islamic supremacism. To its credit, the mainstream media is slowly reporting an increasing number of insane incidents of “convert-or-die” experiences these believers face at the hands of their Muslim abusers. There are many more Christian refugees from Muslim lands than there were “Palestinian” refugees seventy years ago, but who do you hear about day-in, day-out?
In Europe, Christianity is all but dead, having been relegated to the shadows of cultural and political life, its own leaders having embraced their own demise as the ultimate symbol of self-sacrifice. Britain is home to Anglican leaders who openly endorse the use of Muslim Sharia Law in lieu of British law in some areas. That is, the supplanting of British law by Sharia law. Bizarrely, when Christians object to the removal of Christian-based law, in favor of Islamic law, they are accused of being bigots. Said another way, British Christians are being forced by their own leaders to accept the imposition of another religion, or face accusations of sticking up for their religion…
This is the “logic” of the Left, and it is utterly illogical. At best it is morally relative, if not morally bankrupt. For to give up equal protection under the law in favor of Sharia-approved brutal family honor killings of young women, even little girls, by fathers and family members, is to turn Western Civilization upside down.
This is why American Christians must rediscover their roots, rediscover their original texts, rediscover their traditional prayers, and simple values, and re-assert themselves politically. America is depending on Christians.
Western civilization was primarily built by Christians, and if they abandon it, the whole enterprise will come crumbling down.
Onward, Christian soldier.
Today’s Public Service Announcement: Headlights
Pennsylvania law and common sense require headlights to be ON when the car’s windshield wipers are working. This is not so the driver of the car in question can see better, but rather so other drivers can see the car more easily. Seeing the car more easily means safer driving conditions, fewer accidents.
While we are on the subject of highway safety, another reminder is in order: Left lanes are for passing, not cruising.
Pennsylvania law (gees, what’s with all these laws?! Other states have the same law, too) requires motorists to get out of the Left Lane (AKA Passing Lane) as soon as possible, as soon as they have passed the vehicle(s) in the right lane. Few acts create road rage faster than a driver determined to camp out in the Passing Lane, thereby keeping faster traffic bottled up behind them. Drivers do not play the role of traffic cop; it is not the role of drivers to slow down other drivers they think are driving too fast. That just leads to conflict.
Beating that dead horse? You bet
Religious freedom is specifically protected in the US Constitution’s First Amendment. It is one of the hallmarks of American liberty, one of our claims to fame.
Enter liberalism AKA fascism.
If you are Brendan Eich, founder of Mozilla, and you believe in the Bible and you vote that way, and you donate money to causes and candidates who represent that view, why…you are FIRED. Yes, fired for your religious and political views.
If you are Elaine Huguenin of Elaine Photography in Albuquerque, New Mexico, you are now in violation of a state law that prohibits discrimination based on sexual behavior. So Elaine was sued because she didn’t want to photograph a gay wedding. Our super lame US Supreme Court refused to stand up for Elaine’s rights.
Wedding cakes for same-sex couples have also become cause celebre.
So apparently it is now against the law to believe in the Bible, to follow the Bible, and to follow your religious conscience. It appears that it is now illegal to be against gay behavior. And it appears that you can be fired for being insufficiently supportive of gay behavior. Is it against the law to be against gay behavior?
My question is, Can a gay baker be compelled to make a birthday cake for an anti-gay activist? Like, say, anti-gay Westboro Baptist members?
Like so much of this issue, the whole thing stinks to high heaven of double standards. Tolerance for one should be tolerance for all. First Amendment rights are clearly under attack by the very fascists who proclaim themselves to be the most tolerant and open minded of all.
American rights are being lost, and I will keep beating on this dead horse, until it gets up and starts running like it used to. Giddy up!