Regardless of what edicts President Obama dictates, the states still have the power not enforce them. This pits the states against the Federal government, but some states (Wyoming, for example) have already stated they will not go along with the tyranny and unconstitutional behavior of our dictator/president. What will other freedom minded states (like Texas) do? Is this going to be a way out of the crushing laws, regulations and oppression coming from Washington? Only time will tell.
We approaching a constitutional crisis, and did Thomas Jefferson and James Madison give us the means to deal with it?
First, the crisis. It is clear that there are those in public office who favor modest to total disarmament of US citizens under the guise of protecting us and making us safer. Cooperation by military and law enforcement personnel in implementing a gun ban is unlikely, so perhaps firearms confiscation would be carried out by armed and unaccountable federal agencies which have already been buying and stockpiling ammunition, sometimes in huge quantities (liberals tell us when we have “too much” ammo, have any of them thought of telling that to the Social Security Administration?). Wyoming is entertaining nullification of any new gun bans, and at the same time leading by example as a state government resisting federal encroachment.
There is precedent for this with the Virginia Resolutions drafted by James Madison and the Kentucky Resolutions drafted by Thomas Jefferson. No less than the author of much of the Constitution and the Bill of Rights along with the author of the Declaration of Independence argue that states do have the right to nullify federal laws as a check on federal power. After all, the 10th Amendment is irrelevant without a means to enforce it.
The background of the Virginia and Kentucky Resolutions is the direct assault on liberty and the First Amendment by the Federalist Party. The Federalists empowered themselves to deport legal aliens in the Alien Act and criminalized free speech in the Sedition Act (and provided a convenient expiration date so it couldn’t be used against Federalists after the next election cycle).
In principle, Jefferson argues from the First Kentucky Resolution…
“That the several States composing, the United States of America, are not united on the principle of unlimited submission to their general government; but that, by a compact under the style and title of a Constitution for the United States, and of amendments thereto, they constituted a general government for special purposes — delegated to that government certain definite powers, reserving, each State to itself, the residuary mass of right to their own self-government; and that whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force”
And by way of warning, Jefferson argues in his usual elevated style that the danger of a too powerful federal government is that…
…the general government may place any act they think proper on the list of crimes and punish it themselves whether enumerated or not enumerated by the constitution as cognizable by them: that they may transfer its cognizance to the President, or any other person, who may himself be the accuser, counsel, judge and jury, whose suspicions may be the evidence, his order the sentence, his officer the executioner, and his breast the sole record of the transaction: that a very numerous and valuable description of the inhabitants of these States being, by this precedent, reduced, as outlaws, to the absolute dominion of one man, and the barrier of the Constitution thus swept away from us all…(The very definition of NDAA)
In the Virginia Resolution, Madison warned an unchecked federal government would eventually…
…consolidate the states by degrees, into one sovereignty, the obvious tendency and inevitable consequence of which would be, to transform the present republican system of the United States, into an absolute, or at best a mixed monarchy.
In the Second Kentucky Resolution, Jefferson proposed the remedy to overreaches of federal power saying…
That the several states who formed that instrument*, being sovereign and independent, have the unquestionable right to judge of its infraction; and that a nullification, by those sovereignties, of all unauthorized acts done under colour of that instrument, is the rightful remedy:
*the Constitution
**the states
So in dealing with the Alien and Sedition Acts of the late 18th Century, Jefferson and Madison argued that…
1. The federal government ought to be limited.
2. The federal government tends to exceed its constitutional limits.
3. The best check on excessive federal power is nullification of federal laws by state legislatures.
In our day, we are witnessing the culmination of nearly 150 years of expanding federal power which threatens what’s left of our diminishing liberties. Federal agencies have within themselves the self assumed authority to make policies, to determine that citizens are in violation of those policies, and to execute penalties upon citizens for non-compliance. In short, they assume the roles of the legislative, judicial, and executive branches of governments without separation of power, and without accountability.
Let’s encourage our state legislators to likewise nullify federal law that no longer protects our liberties but openly violates them – especially as we’re dealing with the right to self defense. Federal power ought to be regarded with healthy suspicion, and the states are our last line of defense. Or, as Jefferson put it…
…free government is founded in jealousy, and not in confidence; it is jealousy and not confidence which prescribes limited constitutions…
“All laws which are repugnant to the Constitution are null and void”, Chief Justice Marshall, Marbury vs. Madison, 5, U.S. (1 Cranch) 137, 174, 176, (1803).
Premier Hussein can attempt to circumvent the Constitution, but nobody is bound by any unconstitutional law, and there is always the problem of how anyone goes about enforcing such a law.
Even the proposal to require background checks on private gun sales in unenforceable because of that silly little word “private”.
No matter what, any unconstitutional EO Premier Hussein inflicts will not survive his presidency.
Llpoh says:
States’ ability to over-ride fed law will be zero.they may choose to not enforce, but in the enf fed law will win out.
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12th January 2013 at 10:55 pm
Erasmus says:
I wonder how many States will take the same Constitutional position as Wyoming or Texas…although I wouldn’t trust the latter’s Governor at all. To say the obvious, States like Illinois and California are owned by the same dickheads that own Washington D.C. Lobbies are efficient in the extreme and if you have ambitions to be a State Senator or Representative, expect numerous interviews on your qualifications by the very same dickheads. If it turns out you represent the interest of the people,,, say bye-bye to your ambitions. Do we then get in our conestoga wagons and move to these States? I have great respect for North Dakota and its super great ‘Bank of ND’ that represents a key reason for its independence. But live there, I’m not so sure. So in a word the vast majority of us are fucked.
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12th January 2013 at 5:00 am
Stan says:
It may be awhile and it may take a lot more provacation, but civil war is inevitable. It WILL happen and the election of Obama will be the reason.
For every action there is a reaction and we always reap what we sow
Every time
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12th January 2013 at 8:11 am
flash says:
the founding fathers spoke Greek?
ΜΟΛΩΝ ΛΑΒΕ mo-lone lah-veh (come and get them)
King Leonidas toting a musket and wear inf a cocky brim ?…… fer’ chriss’; sakes.
http://www.gunssavelife.com/wp-content/uploads/2013/01/tumblr_mbwhotc0Ix1rqofsxo1_500.jpg
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12th January 2013 at 8:25 am
flash says:
DAMMITTTTTT
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12th January 2013 at 8:25 am
flash says:
https://www.youtube.com/watch?v=k8zmkzshUvE
REVOLUTION?
By Chuck Baldwin
January 10, 2013
NewsWithViews.com
I have been writing this column for over a dozen years, and I can safely say the column I wrote last week, “My Line In The Sand Is Drawn Here,” produced more response than any column I have ever written–maybe more than any two or three columns combined. And what is even more noteworthy: unlike most columns, the responses to this column were at least 90% favorable.
In last week’s column I said, “Throughout the United States, there are tens of millions of fully-armed citizens who are more than capable of defending themselves and their communities against any enemy–whether that enemy is an internal or external one. In fact, many millions of these citizens have been trained in the US armed forces. Firearms–especially semi-automatic rifles–in the hands of millions of American citizens is truly the only thing that stands between freedom and tyranny for the people of the United States. That Barack Obama and Dianne Feinstein want to disarm the American people should be considered an act of war against our liberties! In other words, ladies and gentlemen, this is a line in the sand that none of us can afford to ignore.”
I also wrote, “Make no mistake about it: to take away an American’s right to a semi-automatic rifle is to FULLY DISARM HIM. There is no Second Amendment; there is no right to keep and bear arms; there is no citizen militia; there is no liberty without the semi-automatic rifle!”
I concluded the column saying, “Ladies and gentlemen, whatever the consequences might be, and whatever anyone else does or doesn’t do, I am prepared to become an outlaw over this issue! I don’t know how to say it any plainer: I will not register my firearms, and I will not surrender my firearms. Period. End of story. It’s not just a saying with me: when my guns are outlawed, I will be an outlaw!
“My line in the sand is drawn here!
“Make no mistake about it: it is not just semi-automatic rifles that these gun grabbers are after. Ultimately, they want to take all of our guns. We either stop them now or there will be no stopping them at all.”
See the column: My Line In The Sand Is Drawn Here!
Among those who wrote to tell me that they had also drawn their personal line in the sand on this issue and that they would also absolutely refuse to register or surrender their firearms were people from virtually all walks of life: attorneys, realtors, bankers, teachers, physicians, civil servants, salesmen, truck drivers, tradesmen, pastors, law enforcement officers (including federal police officers), and military personnel–even special forces troops. Accordingly, I am absolutely convinced that these people are a microcosm of gun owners nationwide. I am also convinced that should Senator Dianne Feinstein’s bill banning semi-automatic rifles become law that there are literally tens of millions of Americans who simply will not comply.
Furthermore, former presidential candidate Pat Buchanan recently told John McLaughlin that should the federal government attempt to confiscate the guns of the American people, “There would be a revolution in this country!”
See the report: ‘There would be a revolution in this country!’, Mail Online
What most people fail to realize (because they are not taught it) is that the match that ignited America’s War for Independence was not excessive taxes, or the lack of representation, or trade restrictions, or the lack of trial by jury (as important as these issues were). The match that ignited America’s War for Independence was ATTEMPTED GUN CONFISCATION.
On April 19, 1775, British troops, some 800 strong, were dispatched to Concord, Massachusetts, to arrest Sam Adams and John Hancock and to seize a cache of weapons known to be stored at Concord. When Dr. Joseph Warren sent Paul Revere to warn Pastor Jonas Clark (in whose home Adams and Hancock were staying) that the Crown’s troops were on their way to arrest the two men and seize the guns at Concord, he alerted his male congregants. About 60-70 men from the Church of Lexington stood armed on Lexington Green awaiting the Red Coats.
Upon spotting the citizen militia, a British officer demanded the men throw down their arms. They refused; and the British troops immediately opened fire. Eight of the Minutemen were instantly killed. The colonists returned fire in self-defense, and the shot was fired that was heard ’round the world. By the time the troops arrived at the Concord Bridge, just a few miles away, hundreds of colonists were waiting for them with muskets in hand, and the rest, as they say, is history.
Make no mistake about it: attempted gun confiscation ignited America’s War for Independence. And I am convinced that Pat Buchanan is absolutely right. If the federal government attempts to confiscate the guns of the American people, “There would be a revolution in this country!”
One more observation regarding The Battle of Lexington which opened America’s War for Independence: not only was attempted gun confiscation the match that ignited the war, it was the pastor of the Church of Lexington and members of his congregation who were the Minutemen of Lexington Green. That is another fact most historians conveniently leave out of the story.
If there is one element missing from today’s liberty fight, it is the lack of participation from America’s pastors. By and large they are MIA. How many pastors today are warning their congregations of the threat against their Second Amendment liberties? Every pastor in America, regardless of denomination, should have already started proclaiming “the spirit of resistance” (Thomas Jefferson) to their church congregations; they should already be extolling the Biblical mandate to resist tyranny; they should already be warning their congregations of Barack Obama and Dianne Feinstein’s plan to disarm them.
Let me ask my church-going readers: has your pastor said one word from the pulpit regarding the impending gun ban now being drafted? Has your pastor explained the Biblical principles of lawful resistance? Has your pastor exhorted his church congregation to not surrender their firearms and to do everything in their power to demand that your senators and legislators hold the line for the Second Amendment? And my next question is if your pastor has not done any of this, why are you still attending that church?
Ladies and gentlemen, there would have been no United States of America had it not been for Rev. Jonas Clark and the other patriot-pastors of 1775 and 1776. There would have been no Lexington Green and Concord Bridge; there would have been no Bunker Hill; there would have been no Declaration of Independence; there would have been no British surrender at Yorktown. And I would dare say that if a significant percentage of pastors would stand up this Sunday and encourage their people to stand firm against this gun ban bill, the bill would never see the light of day.
The time is late, folks! We no longer have the luxury of straddling the fence or putting our heads in the sand. If your pastor refuses to take a public stand for YOUR liberties, and the liberties of YOUR CHILDREN, vote with your feet and walk out the door. Find yourself a pastor who will defend your liberties and the liberties of your children–liberties that other pastors and patriots purchased at the cost of their very blood.
I repeat what I’ve already said, “Whatever the consequences might be, and whatever anyone else does or doesn’t do, I am prepared to become an outlaw over this issue! I don’t know how to say it any plainer: I will not register my firearms, and I will not surrender my firearms. Period. End of story. It’s not just a saying with me: when my guns are outlawed, I will be an outlaw!
“My line in the sand is drawn here!”
And so are the lines of millions of Americans.
In response to Pat Buchanan’s prediction of revolution should the federal government attempt to confiscate our guns, John McLaughlin replied, “Baloney!”
I’m sure that’s what King George III said when he was told that would happen if his troops attempted to confiscate the guns at Concord.
• If you appreciate this column and want to help me distribute these editorial opinions to an ever-growing audience, donations may now be made by credit card, check, or Money Order. Use this link.
And please visit my web site for past columns and much more.
© 2013 Chuck Baldwin – All Rights Reserved
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12th January 2013 at 8:29 am
Stan says:
We are now under a dictatorship. If you don’t believe it you are stupid.
What will we do? Just cower and bow done and obey?
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12th January 2013 at 8:53 am
flash says:
We the US have been living under a command and control centralized dictatorship since 1865….didn’t you know?
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12th January 2013 at 8:58 am
Outtahere says:
What is left of our liberties is under daily assault from our own govt. How we respond to this crisis will literally determine the fate of our country for generations to come. In every way possible we must RESIST, RESIST, RESIST.
Encourage your state representatives to pass state laws that will nullify any illegal laws passed against us. Just because a law is enacted by a renegade govt. does mean that it is legal or constitutional. If it goes against the constitution and any amendment of it then it is an illegal and unenforceable law that has to be ignored and resisted against. Compliance = Doom
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12th January 2013 at 11:49 am
flash says:
Are ya’ll cowering, yet….if not best get at it….you wouldn’t want to disappoint Nanny State’s Uncle Tom attorney..
What we need to do is change the way in which people think about guns, especially young people, and make it something that’s not cool, that it’s not acceptable, it’s not hip to carry a gun anymore, in the way in which we’ve changed our attitudes about cigarettes. You know, when I was growing up, people smoked all the time. Both my parents did. But over time, we changed the way that people thought about smoking, so now we have people who cower outside of buildings and kind of smoke in private and don’t want to admit it. Uncle Tom Holder
http://libertarianstandard.com/2013/01/10/eric-holder-says-gun-owners-should-cower-in-shame-like-smokers/
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12th January 2013 at 12:25 pm
KaD says:
But will the states hold out long once the Feds threaten them with holding back federal funds-for highways, welfare, everything?
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12th January 2013 at 12:42 pm
flash says:
Kad , the sad fact that in order to guarantee their own safety ,many American women are being forced carry a gun for their own protection.
The need for women to arm themselves just to go to the grocery store speaks volumes on the lack leadership and action by the so called men-folk of America .
And if men won’t or can’t guarantee the safety of their women outside the home ,then how can one reasonably expect the effeminate elected milksops in state government to protect our first,second or any other right that a federal Thugacracy is willing to deny.
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12th January 2013 at 12:58 pm
flash says:
Any in Seattle with non-firing junk you’d like to trade for a $100 gift card, now is your chance.
http://www.youtube.com/watch?v=t2XtLgTS6kg&feature=player_embedded#!
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12th January 2013 at 1:01 pm
Thunderbird says:
A line in the sand means nothing… and talk is cheap. Remember what happened to the people who were against involuntary income tax on wages in the 1960s and protested? The leaders were jailed while the chickens ran for cover.
If an executive order is written to confiscate guns and the American people are told to turn in their guns we will see what happens. Chuck Baldwin and others like him that speak out may find themselves used by the government as an example of government retribution by having their assets ceased and end up sitting in prison. Or they may really be chickens with a big mouth luring other chickens in.
With computers and the internet as a powerful tool for government control over the people it will be difficult for people to resist gun confiscation. Registered guns would be easy to track down and freezing the bank account of gun owners not willing to comply would make life very hard for them.
The government has all sorts of means for getting compliance. Believe me, resisting the government and it’s agents has it’s price.
Right now test blogs are being set up on the matter to mine the public for who the first ones will be to get the treatment. They will be the ones used as an example to the public that they had better comply. They will do to them what they did to the original tax protesters. Now we are paying up to 60% of our wages on taxes and the average person does not even complain to the government about it. Do you see how well fear and government tactics work?
Of course the fear of being unarmed in the face of thugs ready to do you and your family harm is very real too. This is what people in most of the rest of the world face everyday. Even in this country when the local swat team ends up at the wrong house and your wife & children are the target at the end of a cocked and loaded gun that could go off for any mistake you make. This is more common than the public realizes because it is kept quiet.
For those that have a sense of history and an appreciation for the constitution and the “Bill of Rights” the issuing of an executive order to confiscate the guns is a clear act of tyranny. It means that the government no longer respects nor follows the constitution. This would be an admission that the government has changed hands.
Now I don’t think the executive would do this if he thought the majority of the people would be against taking the guns away. This is the irony. We have a divided nation. Part of the people having no sense of this nations history; thanks to muli-culturism, and therefore no understanding of the second amendment, could care less about guns, while the other parts do care and want to preserve the American Soul. This is where the seeds of civil war lie… and this government knows it.
So the question is… is the government willing to risk a civil war in the attempt to confiscate the guns?
You can bet that the government is in the process of mining the internet to get as much information as possible before it acts in the gun debate. This is where a gun owner will have to determine in his own mind if he is a man that walks his talk or if he is a chicken.
Chickens beware… this is not a video game. Civil wars kill people and destroy communities. Just look what is going on in Syria?
Let’s hope that the people wanting to take the guns away don’t prevail. Why can’t we get these idiots out of office? Because there are a lot of idiots voting them in. We are a divided nation. As long as we are divided the seeds of civil war exist.
Let’s find a way to end this division.
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12th January 2013 at 2:54 pm
AWD says:
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12th January 2013 at 6:24 pm
AWD says:
Bill Ayers is Obama’s mentor and thought-programmer.
Perhaps the most ironic historical mind-bender of all is found in the United States, where history was much kinder to communist rebels. In the 1960s, the leader of the KGB-supported communist terrorist group Weather Underground, Bill Ayers, repeated Zinoviev’s idea of annihilating ten percent of the population — 25 million Americans — so as to advance the revolution in the United States.
Bill Ayers summed up the ideology of his movement as follows: “Kill all the rich people. Break up their cars and apartments. Bring the revolution home, kill your parents.” Unlike his Soviet role models, however, this communist didn’t have to leave the country or suffer any discomfort. Supported by the left-dominated academic establishment, Ayers became a prominent member of and later vice president for curriculum studies at the American Educational Research Association (AERA), exerting great influence over what is taught in America’s teacher-training colleges and, through indoctrination of a generation of teachers, its public schools.
Ayers simply altered his strategy, replacing annihilation with re-education — or, rather, pre-education, thus reducing the number of potential targets. Since then, “the educational establishment has progressed so far that the KGB-supported communist revolutionaries, who received training and funds from Cuba’s DGI, have been welcomed, first as honored guests (in lieu of a prison sentence), and finally as leading members of the establishment.”
For many years now, the “imperialist” America was being quietly transformed, under our noses, into a socialist country through mind conditioning of at least three complete K-12 generations of public school students. USSR is dead, long live the USSA.
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12th January 2013 at 6:28 pm
llpoh says:
AWD – unbelievable that a terrorist could have ever been given a job. But the government will hire anyone, I guess. He was a tenured professor at a public university. Fuck me dead.
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12th January 2013 at 6:46 pm