Saturday, July 03, 2010

Justice Alito was wrong in McDonald v. Chicago

The 39th Congress did not intend by the 14th Amendment to make the provisions of our Constitution’s first ten amendments enforceable upon the States by the federal government as alleged by Justice Alito. SEE HERE

As for the right to keep and bear arms, I assume all freedom loving Americans agree that is a right not to be infringed upon by government, local, state or federal. As for me, I see that right originating and manifesting itself in the inalienable right of mankind to defend one’s self and family, and as such, every state, local or federal law which would infringe upon a law abiding member of the community to exercise this right, is an assault not only upon an inalienable right, but an assault upon the very principles our founding fathers believed in and engrained in our constitutions, state and federal.


The right to keep and bear arms is a self evident right, just as the right to breath air is a self evident right of mankind … and neither need a law to protect the right! But our wise founding fathers, after adopting our federal Constitution, decided to add further declaratory restrictions to our federal Constitution to prevent the newly formed federal government from misconstruing or abusing its powers, one of which was specifically directed at preserving the right to keep and bear arms. How do I know this to be true? Because it is stated, in crystal clear language, in the Resolution of the First Congress Submitting Twelve Amendments to the Constitution; March 4, 1789


THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added .


And as to powers reserved by the States and the people, often referred to as “federalism”, Madison states the following with regard to adopting the first ten amendments to our federal Constitution:


“It cannot be a secret to the gentlemen in this House, that, notwithstanding the ratification of this system of Government by eleven of the thirteen United States, in some cases unanimously, in others by large majorities; yet still there is a great number of our constituents who are dissatisfied with it; among whom are many respectable for their talents and patriotism, and respectable for the jealousy they have for their liberty, which, though mistaken in its object, is laudable in its motive. There is a great body of the people falling under this description, who at present feel much inclined to join their support to the cause of Federalism” ___See :Madison, June 8th, 1789, Amendments to the Constitution


The misapplication of the 14th Amendment and the subjugation of federalism by our federal government has brought us the slaughtering of millions of unborn babies by fraudulently applying the Ninth Amendment to the States via the 14th Amendment (Roe vs. Wade). The 14th Amendment has also been used to removed traditional references to God in our State public school systems by having the federal government applying the First Amendment to the States via a misapplication of the 14th Amendment. A misapplication of the 14th Amendment has also been used to compelled schools and colleges to set up and recognize homosexual clubs on a par with traditional type clubs, calling it equal protection of law, and a misapplication of the 14th Amendment has been used to compel taxpayers to finance pornography and alleged “art”, “art” which makes a bigoted mockery of religion, calling it freedom of speech, not to mention the enforcement of the federal bill of rights upon the states by the federal government to dissolved parental rights calling it a federal privacy right, while the Fourth and Fifth amendments have been fraudulently applied to the states by the federal government to coddle criminals in each of the 50 States! And now, it is called a “victory” because the federal government [Congress and federal judges] will be in charge of applying the 2nd Amendment to the states via Alito’s misapplication of the 14th Amendment, and will then be the final arbiter in determining “reasonable” regulations over the right to keep and bear arms?


For the Court to apply the 2nd Amendment to the states and have the federal government [Congress and federal judges] protect this right within each of the various State borders is to hand another victory to our progressive crowd who will now be able to apply the Daley plan in every state in the union, and do so with one stroke of the federal pen, and in the process undermine federalism, our Constitution’s plan and rob the reserved powers of the States and the people as was done in Roe vs. Wade! This is what Alito has handed to our PROGRESSIVE DOMESTIC ENEMIES a usurped power for folks in the federal government to regulate the right to keep and bear arms into extinction!


Now, if Alito really wanted to preserve the inalienable right to self defense in McDonald v. Chicago, there was a constitutional argument to be made and it did not need a misapplication of the 14th and Second Amendments, nor a further erosion of federalism to protect an inalienable right. The argument is as I have already stated The right to keep and bear arms is a self evident right, just as the right to breath air is a self evident right of mankind … and neither need a law to protect these inalienable rights! They stand on their own as being self evident!


Alito and Thomas could have continued, We all know by reading our original state constitutions, and of course our federal Constitution’s preamble, that our founding fathers irrefutable intentions were to secure the Blessings of Liberty to ourselves and our Posterity, and within the meaning of Liberty, the inalienable right to self defense is irrefutable. Although the case can be made that members of a community who have proven to be a danger to the community ought not be entitled to keep and bear arms, this argument will never justify a State’s Legislature to use the force of government and sweeping language which infringes upon the law abiding citizen’s right to keep and bear arms for self defense and defense of one’s family.


With these thoughts in mind, we urge Chicago’s Legislature to immediately re-write its regulations which deal with gun ownership so as to not infringe upon a law abiding citizen’s inalienable right to keep and bear arms. Failure to do so will suggest to the people of the united States that the Legislature of Chicago is acting in rebellion to the most fundamental principles under which our nation and constitutions, state and federal, were founded.



JWK


"The Constitution is the act of the people, speaking in their original character, and defining the permanent conditions of the social alliance; and there can be no doubt on the point with us, that every act of the legislative power contrary to the true intent and meaning of the Constitution, is absolutely null and void. ___ Chancellor James Kent, in his Commentaries on American Law (1858)