Posts Tagged → rights
Do you believe in your private property rights?
Isn’t it intriguing that the establishment wings of both the Democrats and the Republicans believe that your private property rights are actually theirs?
Several weeks ago, the Pennsylvania Democratic Party took a position on natural gas drilling in deep shales, saying that a moratorium on “fracking” is needed. That adds up to the government taking away from you the right and ability to develop a resource on your property, without compensating you and without demonstrating good cause.
When I inquired of a bewildered Democratic operative whether or not the proposed fracking moratorium would include nitrogen, or be limited to just water, he said “I don’t know, I don’t know. I cannot believe they did this. It makes no sense.” To be sure, it’s an indefensible and politically suicidal position. Unsurprisingly, I don’t believe any of the Democrat gubernatorial candidates have adopted this fatally flawed position.
This week, Republican Governor Tom Corbett signed into law a bill that, aside from two deadly sentences, was an otherwise fine solution to a lot of outstanding, unresolved problems associated with deep gas extraction.
Two deadly sentences are an issue, however, because they basically strip landowners\ oil, gas and mineral owners of their ability to negotiate new leases when the prior one has ended. The new law is a theft from you and a gift to a select industry. Gas is a good and necessary industry, for sure, but no more deserving of a free ride on someone else’s dime than you or I.
The arguments made in favor of what I would call ‘forced apportionment’ were ridiculous and laughable, except that so many private property rights have just been in effect taken and handed over to industry, so it is not funny. Apportionment is a term never used before in Pennsylvania OGM, and the 11th-hour two-sentence amendment to the bill lacks a definition of it. Surprise, surprise.
The worst argument is that by being forced into a “pool” of landowners, basically a fragmented production unit, this new law is guaranteeing that landowners will get paid (!). The state minimum payment, by the way. Never mind that you are due that payment already, and you’d prefer to renegotiate an expired lease on your own, thank you very much.
My sense is that these two sentences could cost Governor Tom Corbett his governorship and several lawmakers their seats. State representative Garth Everett and state senator Gene Yaw were the sponsors of the two sentences. Both are from Lycoming County, a place where private property rights are still held dearly and natural gas is plentiful.
How sad that the establishment wing of the Republican Party is so close to the Democrats that they adopt policies that are practically the same….
Next up, the courts will undoubtedly weigh in on this new law. Let’s hope they save the Republicans from themselves.
Boston Marathon: A Bomb-Free Zone, Right?
Not that reason or logic is guiding the anti-Second Amendment crusade right now, but it’s helpful to my own peace of mind to point out that the Boston Marathon is a bomb-free zone. And several bombs were exploded there, anyhow. The point being that only law-abiding people follow laws. Passing laws that infringe upon the Constitutional rights of law abiding citizens, while doing nothing about crime, are by definition bad laws.
Drawing a parallel here with gun control laws, obviously. Not advocating bombs for everyone, obviously.
My heart goes out to the victims of today’s bombing. Hopefully, this administration will focus on Islamic terrorists and stop trying to prove that everyone else is really the threat to America.
Freedom takes a lot of hard work, and we’ve got ours cut out for us…
Here is the text I presented to the Tea Party Patriots two nights ago, and I have received much positive feedback on it. Take the fight to the enemy, folks.
Josh First………….www.joshfirst.com
At Tea Party Patriots, April 8, 2013
Amendment II: 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.
Citizen disarmament is the civil rights issue of our time. Disarmament is enslavement, and America already fought one civil war over slavery.
o 2nd Amendment is NOT about hunting or sport shooting, it IS about citizen defense against tyrannical government that usurps citizen powers & rights. Thus, if the gov’t has it, we might need it ourselves.
o State militias, comprised of citizens, were supposed to outweigh then-new federal army
o 1776 militia muster rolls required privately owned military-grade long arm and some ammunition; modern equivalent of military musket is the AR-15. Hunting, self-defense, sport guns are ancillary uses.
o “Well regulated” in 1780s means totally different action than 2013. Then: Have a militia muster roll of able bodied men with working guns and know how to quickly assemble them to fight. Now: Regulate means government intervention and control.
o Federal acts regulating the Militias were passed in the 1700s and 1800s; US Supreme Court holdings danced around the issue, addressing citizens assuming quasi-military roles in public.
o State militias fell into disuse after the Civil War; different states now address them differently. My reading of PA law allows private citizens to create their own militias, so long as they do not claim to represent the government
o Gun prohibitionists long argued that the 2nd Amendment was a “collective” right. After the Heller and McDonald decisions, they now say they agree it’s a private right, but they want to INFRINGE it out of existence: CT, NY, MD, DE, CO, CA…. magazines, ammunition, guns, taxes, insurance, slippery slope
o Fight back:
a) “Gun Prohibitionists” are extreme, not mainstream, agenda-driven, put us all at risk
b) gun control is not about crime control; does not solve problems; infringes on lawful right
c) Gun control is the new Jim Crow…utopians fear threats to their big gov’t utopia control
d) Join NRA, GOA, local shooting club
e) Write op-eds, volunteer for pro-Constitution candidates, blog & social media
f) Buy guns, teach someone to shoot or hunt, give guns as gifts, buy a hunting license
g) Constitutional principles do not change over time to suit societal whims. The quill pen and the printing press became laptops and the Internet, horses became cars, and muskets became AR-15s
h) Regulating/limiting Constitutional rights is usually read expansively, not narrowly
i) Use historical references to frame gun control efforts: Frontier America had no gun control,
and Founders’ intent: “On every question of construction (of the Constitution) let us carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed,” (Thomas Jefferson, letter to William Johnson, June 12, 1823, The Complete Jefferson, p. 322). “The whole of the Bill (of Rights) is a declaration of the right of the people at large or considered as individuals…. It establishes some rights of the individual as unalienable and which consequently, no majority has a right to deprive them of.” (Albert Gallatin of the New York Historical Society, October 7, 1789). “The right of the people to keep and bear arms has been recognized by the General Government; but the best security of that right after all is, the military spirit, that taste for martial exercises, which has always distinguished the free citizens of these States….Such men form the best barrier to the liberties of America” – (Gazette of the United States, October 14, 1789.) “No Free man shall ever be debarred the use of arms.” (Thomas Jefferson, Proposal Virginia Constitution, 1 T. Jefferson Papers, 334,[C.J.Boyd, Ed., 1950]). “The right of the people to keep and bear…arms shall not be infringed. A well regulated militia, composed of the body of the people, trained to arms, is the best and most natural defense of a free country…” (James Madison, I Annals of Congress 434 [June 8, 1789]). “A militia, when properly formed, are in fact the people themselves…and include all men capable of bearing arms.” (Richard Henry Lee, Additional Letters from the Federal Farmer (1788) at 169). “What, Sir, is the use of a militia? It is to prevent the establishment of a standing army, the bane of liberty…. Whenever Governments mean to invade the rights and liberties of the people, they always attempt to destroy the militia, in order to raise an army upon their ruins.” (Rep. Elbridge Gerry of Massachusetts, spoken during floor debate over the Second Amendment [ I Annals of Congress at 750 {August 17, 1789}]). “…to disarm the people – that was the best and most effectual way to enslave them.” (George Mason, 3 Elliot, Debates at 380)
Josh to speak at Tea Party Patriots gathering
Josh will be speaking at the Tea Party Patriots gathering next Monday night at 6006 Old Jonestown Road, in Lower Paxton Township, at 7:00 PM. The venue is accessed through an entrance around the back of the old church, in an auditorium. Parking is right there. The subject will be the Second Amendment. Josh will be speaking with local attorney Marc Scaringi, who in 2012 ran in the Republican primary for US Senator from Pennsylvania while Josh was running for PA State Senate.
US Senate Filibuster Yields Unsurprising Results
US Senator Rand Paul filibustered for 13 hours until he received a written response from the White House to his request for an explanation about the Obama administration’s policy on drone strikes against American citizens on American soil.
US Attorney General Eric Holder had publicly said yes, such drone strikes would be legal, prompting an outpouring of amazement from the political left and right. Due process is, after all, a core part of an American citizen’s God-given rights. Due process would normally require a citizen to be tried by a jury and found guilty before the government could exact the death penalty against him\her, and weaponized drone bombings are not a usual method of execution, yet.
So finally the White House contradicted Eric Holder, and decided drone strikes against Americans on American soil are not allowable. The amount of time that lapsed makes you wonder what’s on their minds over there, though, because they clearly had to think it through. What seems so obvious to most Americans was not so obvious to the Obama folks.
And that’s the real story right there: What is quintessentially American is utterly alien to the Obama administration and their supporters.
Texas Oil & Gas Companies Gone Wild – Part 1
Imagine my disgust and fury when out with my son on our hunting camp the other day we discovered four fresh survey stakes with gobs of ribbons placed on our property. No one had permission to enter our heavily posted, heavily surveyed property that adjoins PA State Forest.
Yes, I had been in discussion with a Texas-based company to come and explore the property, but we had signed nothing and they were in the process of negotiating.
So, finding the four stakes, which marked planned drilling and blasting locations, strategically placed around the property, but far enough away from the cabin that we were less likely to find them, conjured up the worst stories we have heard and seen about rogue Texas oil companies that trample on private property rights.
Luckily, I wasn’t present when the “surveyors” trespassed on our property. Had I encountered them, I would have held them at gunpoint until the State Police arrived to cite them for trespass. And I can tell you from personal experience, confronting trespassers out in the woods is uncomfortable and potentially explosive. Unless the trespasser does everything the landowner legally demands, which is a lot, the potential for gun fire is extremely high. People who defiantly trespass are probably violent, too. So the landowner has to be aggressive and controlling, ready to defend himself at any second.
I contacted the company, and their representative told me that — no kidding — my boundary is wrong and he will be happy to have a surveyor come out and fix it.
I am not lying about this. He actually said that.
Our boundary with the Commonwealth of Pennsylvania has been surveyed by both my surveyors and the state’s surveyors, many times. It is clearly marked and has Posted No Trespassing signs along it, closely spaced so that no one can say they didn’t see them.
Interestingly, their stakes were conveniently placed so that they were least likely to be found. And whoever placed them had to walk past a bunch of big yellow Posted signs.
I am preparing the civil lawsuit and the criminal complaint as I write this, and hopefully the company will make good, so I don’t have to rub their thieving name in the dirt.
See, they stand to make a lot of money by finding out what is under my property, but they don’t want to work with me on it, so they tried to steal the information, instead.
And it is sad, because I love Texas.
School Safety TV Debate: Never Mind the Crazy Headline
Josh takes on gun prohibitionist CeaseFirePA and “Obama Cop” police chief Tom Hyers in this live broadcast TV debate from last week. Never mind the crazy anti-gun headline, dreamt up by some anti-Second Amendment activist…Cut and paste the link below:
http://video.witf.org/video/2335658815
Politicizing A Tragedy
Wasn’t it just a few months ago that people said we aren’t supposed to politically exploit tragedies? Wasn’t Mitt Romney excoriated by his political opponents for asking basic policy questions about the declaration of war and murderous assault on the U.S. consulate in Benghazi, Libya? So why now should these same exact people and politicians be trusted to lead us down the right path on the discussion about what happened at Sandy Hook?
Emotion is the wrong approach to policy solutions. But feelings and emotions have always been at the heart of liberalism, not rational thought or careful reason.
My heart aches for the Sandy Hook victims and their families, and as a parent of small children, I will never forget this event.