Freedom and the Role of the Militia Part II

What I find most galling are not Republican allegations former Democrat Vice President Joe “Boss Tweed” Biden leveraged his position to benefit his son Hunter in Ukraine.1 Nor do I find Democrat accusations President Trump withheld military aid from Ukraine pressuring President Volodymyr Zelensky to investigate potential Biden influence peddling most galling. Democrats want Americans to believe Trump withheld aid while Ukraine was at war with Russia. However, Putin invaded Ukrainian Crimea on 20 February 2014 and later sent military units across Russia’s western border into Ukraine to assist “separatists” in May of the same year. Trump did not place his party line call to Zelensky until July of 2019, five years later.2 Can we be frank? Notions Ukraine would survive let alone prevail in a war with Russia are preposterous. Therefore, American military and economic aid would be pointless. Why then do Democrat and Republican administrations send it? Are Americans willing to offer their sons to die for Ukrainians fighting Russia? Is the U.S. willing to risk nuclear war with Russia over Ukraine? We must address yet another reality.

Since Tsar Nicholas I, Russia has pursued a policy of “Russification” in conquered nations and territories. Imperial Russia took control of the education system, mass media, and popular culture in subjugated countries. They replaced native tongues, customs, history, literature, art, music, and holidays with those of Mother Russia. Whether the Baltics (Estonia, Latvia, and Lithuania for those who attended public schools) the Caucasus, Poland, or Ukraine, conquered people were forced to grow up as Russians.3

Soviets added a new dynamic to Russification by transplanting hundreds of thousands of Russians to the Baltics and especially Ukraine. The Communist’s goal was to displace natives and breed them into a minority population or, at least have a forward base of Russian immigrants embedded in targeted nations. Under Mikhail Gorbachev, the Soviets uprooted entire Russian villages and moved them to Ukraine. In 1926, only 8.2% of Ukrainians were ethnic Russian. That figure rose to 16.9% in 1959 and 22.1% in 1989. In addition, by 1985, the Soviets had relocated by force, over 185,000 Ukrainians to faraway places in Russia and to the Baltics. So successful was Russification (America’s open-borders crowd pay attention), that native Ukrainians living along their eastern border with Russia dropped from 33.4% in 1926 to 2.3% by 1970. In a conflict with Russia, where will their loyalties lie? With whom will ethnic-Russian “Ukrainians” side?4 The idea that America can simply show up with her military and straighten this all out is ludicrous but still, this is not what is most galling. Instead, it is the profound degree of self-inflicted constitutional ignorance afflicting so many Americans. Who asks; what part of the Constitution authorizes Congress to seize the wages and property of American citizens and hand it over to foreigners in other countries? Go ahead and look. I’ll wait. You will be the subject of an archeological dig before you find it because no such authority exists. What the Constitution does not authorize it forbids.

The Constitution’s Framers and State Ratifying Conventions were clear in 1787-1788; powers they delegated to the new federal government were finite and few. The Framers enumerated (listed) them in Article I, Section 8 of the Constitution. These powers are explicit. They rejected notions that, through novel interpretations later on, anyone could create implied from explicit powers. Scottish immigrant James Wilson became a prominent Philadelphia attorney and patriot. He signed the Declaration of Independence, the Constitution, and was a “Federalist” delegate to the Pennsylvania Ratifying Convention. Wilson described the new form of government that would replace the Articles of Confederation as a “confederate republic”. It was not a “single centralized state” because that would lead to “despotism” and tyranny. The federal government had only those powers delegated to it by the States. It could not exercise powers it did not have nor could the government imply powers into existence.5 No one is asking why the U.S. government, under Democrats and Republicans, is stealing the money and property of its citizens in order to buy and reward “friends” around the world.

I suspect to some degree America’s ruling class elite have always hamstrung the cause of liberty. They do not quite trust Americans, even their political followers, with liberty. A condemnation of liberals and Democrats? On the contrary. Republican Presidents, including Richard Nixon, George H W and George W Bush, and candidates John McCain and Mitt Romney ran as conservatives who would defend the Constitution. Once in office, as Presidents, Governors, or Senators, they shed conservative principles like snakes squirming from old skin. It is as if they believe the job of supporters is to get them elected and then shut up and go away until the next election. They talk a good game and then make one compromise after another always moving in the direction of opponents. One can find unease and mistrust of social “inferiors” even in the writing of some conservatives.

Writing for conservative The American Spectator, Daniel McCarthy notes liberals believe the mere existence of firearms, in conjunction with the election of Donald Trump, whose words have radicalized the young, is the cause of public mass shootings (PMS). For liberals the only remedy is to remove Trump from office, ban and seize all firearms in private hands, and double down on suppression of “hate speech”. This in spite of the fact police investigations reveal those guilty of PMS are typically creatures of the Left, not Trump supporters. McCarthy notes the Second Amendment’s intent was to protect the firearms liberals want to seize. He adds that a “well-regulated militia” means a citizenry well practiced with arms as opposed to a standing army. To be effective, the militia must have the same firearms as a federal standing army. So far so good. Then McCarthy runs off the rails. He asserts notions the Second Amendment supports citizen rebellion, like Shays’ Rebellion, is “right-wing folklore”. McCarthy offers as proof the Virginia Declaration of Rights, authored by George Mason that “inspired” the Second Amendment. Its stated reason for arms is to maintain a well-regulated militia “under strict subordination to, and governed by the civil power”.6 Where to start? Part one covered the meaning of “militia”. Here we turn to a story of mistrust by the people’s “betters”.

Typical high school government textbooks allege the Articles of Confederation had failed. This led to unpaid State and private debt, violence, and economic chaos verging on tearing the union apart. “Shays’ Rebellion in Western Massachusetts (31 August 1786-June 1787) was only the most spectacular of several incidents”.7 They assert “By 1786, people in many states were on the verge of rebellion…Led by Daniel Shays, a veteran of the Revolution, hundreds of angry farmers and laborers banded together, marched on court houses, and freed imprisoned debtors from jail”. Richard Hardy, like other government textbook authors, uses Shays’ Rebellion (a name invented by enemies of the farmer’s protest) as an argument for abolishing the Articles and replacing it with a strong national government of centralized powers.8 This interpretation was strongly echoed by liberal teachers (is there a distinction?) with whom I taught and the jock-coaches principals assign to teach government. Ill-versed in the subject, the latter deviated not from the script. Little, if any, of what they teach, including the book’s representation, of Shays’ Rebellion is accurate. The same holds true at the University. For example, a typical college text explains “hard times, tight money, and heavy taxes” sent Massachusetts farmers to debtors’ prison while others “lost their land”. The farmers’ rebellion was “put down” by “state troops”.9 Liberal John Garraty’s text asserts Shays’ Rebellion was the result of Massachusetts attempting to pay off its war debt with the tax bite “falling most heavily on those of moderate income”. He describes mobs shutting down courts to prevent foreclosures and Daniel Shays leading an army to seize the federal arsenal in Springfield, a battle they lost.10 Liberal historian Samuel Eliot Morison, despised by Communist Howard Zinn, author of the most popular fictionalized history passing as truth in public schools and universities,11 writes that Shay’s Rebellion consisted of poor farmers facing harsh economic conditions who demanded relief from their State government. They seized control of courts in Western Massachusetts preventing them from opening until the legislature amended the Constitution. Their demands included ending requirements debts be paid in specie and ending legal favoritism of coastal commercial interests at the expense of farmers. Morison labels Massachusetts’ Governor James Bowdoin a “staunch conservative” who called out the militia to put down these illegal protests.12 Postwar economic conditions were indeed harsh in several colonies but were not the cause of the so-called Shays’ Rebellion. Liberal teachers wield the story in classrooms as a “cautionary tale” to convince students the United States must have a strong national government of consolidated powers. Moreover, at the expense of State and individual rights.

Scare stories are part and parcel of the weapons used by those pushing an agenda to effect a desired outcome. Their creators spin and spoon-feed them to gullible Americans all too willing to embrace lies over truth. It works because Americans are too intellectually lazy to think beyond the accepted wisdom of the herd. Manipulators fuel preexistent worry and fear already planted by mass media and government schools (global warming, Putin under every bed) to create panic and alarm. Their goal is to cause rash imprudent reaction. The nation’s “Father” was the target of such an effort.

With no desire to leave Mount Vernon again, George Washington was enjoying retirement from public life. In 1786, he received visitors and letters from friends and veterans reporting on a “rebellion” in Massachusetts. Their shared goal was abolition of the Articles of Confederation and replacing it with a strong national government of consolidated powers. They wanted to reduce or eliminate State sovereignty. They weaved scare stories ranging from exaggeration to outright lies. Washington was already discomfited by hysterical scare stories he read in newspapers written by editors who also shared a strong desire to scrap the Articles. Political leaders, former army officers, bankers, merchants, and large landowners added their voices to claims the nation was falling apart and about to disintegrate into revolution or civil war.13

General Henry Knox, Washington’s former artillery commander, along with others, knew Washington was a large landowner constantly dealing with squatters. Therefore, they painted Massachusetts’ rebels in the most lurid and false terms. They told him rebels wanted to close courts to stop foreclosure on land for unpaid debt, seize land belonging to the rich, and that Massachusetts’ militias were too weak to oppose them. Knox claimed a “licentious spirit” was widespread among the rebels and they were “malcontents” and “levellers” who, through violence, would abolish all social, economic, and class distinctions. In addition, they would erase all private debt and redistribute amongst themselves the land they seized.14 Knox used the term “levellers” to spark alarm in Washington and others. It sprang from the English Civil War of 1642 between Charles I and Parliament. Near the end of that war, common soldiers discussed what improvements they desired for postwar England. Levellers wanted to abolish the tax-supported state church, establish basic natural rights belonging to all men, declared sovereignty was in the people not kings, and that government was a social-compact with the people.15

Through malice or ignorance, Knox was conflating Levellers with English “Diggers”. The latter were essentially proto-communists. Basing their doctrine on the New Testament, Diggers wanted all unenclosed land seized and made communal, farmed, and its produce distributed by the commune to the poor. England would abolish private property along with “unequal wealth”.16 Knox’s misrepresentation of Shay’s Rebellion, and use of the term “Levellers”, had the desired effect. He conjured images of rogue uneducated, poor, and debt- ridden rabble rising up to burn the homes and farms of the rich, looting businesses and banks, and overthrowing the government in Boston. None of this was true.

The men in Western Massachusetts who marched on and closed courts in several towns were comprised of farmers, large landowners, merchants, Revolutionary War heroes and veterans, and political leaders. They were typically middle class, from leading long established families, and were neither poor nor debtors. They rebelled because land and note speculators, led by Governor James Bowdoin, had taken over the government in Boston. Like other states during the war, Massachusetts issued paper notes to pay its soldiers, farmers, and merchants from whom it requisitioned supplies. Not backed by specie, inflation ensued and soon, like the famous Continentals, they were worthless. People had to eat and pay bills so, when speculators offered to buy these notes for a fraction of their face value, their holders sold them. After the war, Bowdoin and his cronies bought up as many notes as they could. Once in power, they passed a law requiring the State redeem them at full face value, with interest, and much of it paid in specie. To finance redemption, Bowdoin’s government passed a head tax on families for every male 16 and older and farm families tended to be large. In addition, the state would tax their land. Those unable to pay faced losing family farms and going to prison. The State had forced soldiers, farmers, and small merchants to accept worthless notes during the war. From them speculators bought these notes for next to nothing. Now the state was taxing those who lost an enormous sum selling the notes to speculators to pay an even greater amount to redeem them on their behalf.17 Public school texts seem to leave out this part of the story.

Is it any wonder farmers in Western Massachusetts reacted in anger and protest? They demanded a change in the law. Specie was scarce and farmers knew the government in Boston was robbing them to benefit Bowdoin and his wealthy cronies. Boston was deaf to farmers’ complaints. Their protests became larger and eventually they closed local courts to force change. They were not attempting to overthrow the government. Bowdoin reacted with force. The State Legislature granted him authority to arrest, torture, and even hang rebels. He could also seize their land and sell it. To his benefactors, naturally. He suspended habeas corpus meaning he could arrest and keep rebels, even political enemies, in jail until they rotted. This he did. Massachusetts’ militia was more than large enough to suppress the rebellion but, when Bowdoin called it out, they refused. They would not march against men they knew to be honorable, patriots, and war veterans. Bowdoin and his rich speculator friends passed the hat amongst themselves and raised enough money to hire a mercenary army of 4,400 led by war veteran General Benjamin Lincoln to suppress the “rebellion”. Following several skirmishes, the rebellion ended when Lincoln’s State army seized the federal arsenal at Springfield before the farmers did.18 Proponents of a new “national” government did not tell George Washington this side of the story.

Although a war hero, Daniel Shays was a newcomer to Western Massachusetts. He was leader of one of many groups who protested what Boston was doing. Those comprising “rebel” groups never called themselves “rebels, insurgents”, or “Shayites”. The press and allies of Bowdoin invented these labels. The same way the left uses “right-wing” for conservatives implying the latter are Nazis. Shame on you Daniel McCarthy. Instead, they referred to themselves as “Regulators” a term originating in England during the 1680s. Britons who took this name opposed corruption, cronyism, and tyranny in government. Americans knew this history. The term Regulator gained usage In Britain’s North American colonies in the 1760s, first in North and then in South Carolina. Lawyers and land speculators gained control of Carolina County Courts and used their position to levy heavy taxes, fees, and fines on farmers. They jailed delinquent taxpayers, seized, and sold their land. When the governments in each colony refused to reply to the farmer’s pleas for relief, they took matters into their own hands forming organizations of Regulators who drove corrupt lawyers, judges, and officials from office. Like Massachusetts, the aristocracy consolidated political power into its hands rewarding themselves and cronies at the expense of farmers, exactly what Britain’s appointed Royal Governors had done in the colonies. Each state in turn suppressed rebellion. Following in the footsteps of those who came before, Massachusetts’ Regulators vowed to end tyrannical government in Boston based on cronyism and corruption. Their goal was to rewrite the hated State Constitution of 1780.19

Men who favored creating a European style strong national government with centralized powers used Shay’s Rebellion to argue the government under the Articles was too weak to survive. They stoked fear and panic. “Nationalizers” created and disseminated false narratives through the media they controlled. They pressured Madison and Washington to support abandoning the Articles in favor of a yet, unwritten new form of government.20 It is remarkable that American patriots did not realize that, in beholding the rebels of 1786, they were seeing themselves in the mirror of 1776. There can be but one explanation. These men evinced a trait shared from time immemorial among those who would rule. They do not trust “lesser” citizens to rule themselves sharing the same amount of freedom as their “betters”. It is why they target the Second Amendment, freedom of speech, and challenge the outcomes of elections. Even some Republicans, conservative pundits, opinion makers, and movers and shakers believe in government for, not of the people. They want their base to vote and then shut up. Do not accommodate them. Read and learn the truth.

11 Peter Schweizer, Secret Empires (New York, N.Y., HarperCollins Publishers, 2018), 55-73. Spoiler alert, Republicans have their hands in the till as well.

22 Natalyia Vasilyeva, The Associated Press, “Russia’s Conflict With Ukraine: An Explainer,” 26 November 2018, The Military Times at https://www.military-times.com/news/yar-military/2018/11/26/russias-conflict-with-ukraine-an-explainer/

33 Nicholas V. Riasanovsky, A History of Russia, Sixth Edition (Oxford, England, Oxford University Press, 2000), 332, 333, 380, 394, 397, 575-576.

55 Pauline Maier, Ratification: The People Debate the Constitution, 1787-1788 (New York, N.Y. Simon & Schuster, 2010), 104, 108.

66 Daniel McCarthy, “Liberalism Cannot Stop The Shootings”, American Spectator at https://spectatorus/liberalism-cannot-stop-shootings/

77 William A. McClenaghan, Magruders’ American Government, 2000 Edition (Needham, Massachusetts, Prentice Hall, 2000), 37.

88 Richard J. Hardy, Government In America (Boston, Massachusetts, Houghton Mifflin Company, 1992), 45.

99 Rebecca Brooks Gruever, An American History, Second Edition, Volume 1 to 1877 (Reading, Massachusetts, Addison Wesley Publishing Company, 1976), 175.

1010 John A. Garraty and Robert A. McCaughey, The American Nation: A History Of The United States, Sixth Edition (New York, N.Y., Harper & Row, Publishers, 1987), 151.

1111 Mary Grabar, Debunking Howard Zinn: Exposing the Fake History That Turned a Generation against America (Washington, D.C., Regnery Publishing, 2019), 6, 12, 14, 23-28, 251, 257.

1212 Samuel Eliot Morison, The Oxford History Of The American People, Prehistory to 1789 (New York, N.Y., A Mentor Book from New American Library, 1972), 390-394, 395.

1313 Leonard L. Richards, Shays’s Rebellion: The American Revolution’s Final Battle (Philadelphia, Pennsylvania, University of Pennsylvania Press, 2002), 1-3.

1414 IBID. 3-4.

1515 Goldwin Smith, A History of England (New York, N.Y., Charles Scribner’s Sons, 1974), 305-334.

1616 IBID. 334.

1717 Richards, 1-10, 15-16.

1818 IBID. 23-61.

1919 IBID. 64-74, 61-63.

2020 IBID. 89-116, 129-138.

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A Little Speculation On the Killing of Duncan Socrates Lemp

In the early morning (4:30 AM), Montgomery County Police killed a man while serving a search warrant. According to a family attorney, Duncan Socrates Lemp was asleep in his bed when police opened fire from outside the home, killing him and wounding his girlfriend.

I found these statements in the news report interesting.

A police statement Thursday says members of the department’s tactical unit were serving a “high-risk” search warrant related to unspecified “firearms offenses” at the home around 4:30 a.m.
[…]
On his Instagram account, Lemp recently posted a photograph that depicts two people holding up rifles and included the term “boogaloo,” slang used by militia members and other extremists to describe a future civil war in the U.S.

Since I know Maryland has an “assault weapon” ban (Maryland Public Safety § 5-101 for “assault long guns,” Maryland Criminal Law § 4-303 for “assault pistols”), I was curious about the “rifles” picture posted to Lemp’s Instagram account. Fortunately, I got to it before the usual post-police shooting social media purge. This appears to be the post in question.

Those would seem to be “assault long guns” under Maryland victim disarmament law. Lemp was only 21 years old, so it’s rather unlikely he could lawfully possess a grandfathered “assault weapon” — the laws passed in 2013 — so I’m speculating that the police used that post as “evidence” that one of those arms was Lemp’s, putting him possession of a banned firearm. And since he is was reportedly a libertarian “Threeper,” that made him automatically dangerous.

I think Lemp was killed on the off chance that he “violated” an unconstitutional violence-enabling victim disarmament law.

Gun People control kills. It certainly did this time.

[Permission to republish this article is granted so long as it is not edited, and the author and The Zelman Partisans are credited.]

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So whatever happened to

So whatever happened to that Governor, you know, that one? It’s like one of those click bait questions you see at the bottom of an online news story.

Illinois has a rich tradition of their governors winding up making license plates due to corruption. Four of the last seven in fact. 4 of Illinois’ last 7 governors went to prison

But it’s not Illinois I’m thinking of right now. It’s Missouri. Greitens, yeah, that’s the name Eric Greitens. He was accused of felony invasion of privacy, it was all over the news, non-stop. It wasn’t the first time a conservative figure had been accused of such. Herman Cain, Bill O’Reilly, Judge Roy Moore, Judge Brett Kavanaugh come to mind, and the media covered it non-stop. Although Kavanaugh is different. In the first cases those men either dropped out of the political race they were in, and O’Reilly left his TV show. They tried it with Sean Hannity and he said “bring it”. They did, and he informed them he would fight it and sue, they decided to leave him alone and dropped it. In Judge Kavanaugh’s case, he rode it out, as has President Trump. Governor Greitens did not. While he was prosecuted with tax payer dollars, he had to pay for his own defense. But in all those cases, when the men stepped aside the story just went away. In Kavanaugh’s case it was also different in that while it was on-going some of accusers began to be exposed as lying.

I think this is when I began to get really testy about knee jerk reactions. When the Greitens case was flooding the #MSM #FakeNews airways there were already people saying “Wait a minute, something is off here”. Lt. Col. Dave Grossman, whom I mightily admire did a couple of columns during the situation.

These Five Questions About The Eric Greitens Indictment Must Be Answered

That is a fascinating column! It was followed by

Why The Prosecutor In The Eric Greitens Case Could Be The One Who Ends Up In Jail

And she should. But wait, there’s more.

Missouri case that toppled GOP governor boomerangs on Soros-backed prosecutor

Wait! What! The Demoncrat prosecutor/political hack Kim Gardner lied about evidence, hid evidence, hired a retired FIB guy who also lied about evidence. I know, it’s like that movie “Groundhog Day” isn’t it?

Soros, one of the largest liberal benefactors in history, donated $630,000 that year to a political action committee called Safety and Justice Committee. That super PAC in turn donated more than $204,000 as an in-kind donation to Gardner’s election. Soros’ support accounted for about two-thirds of her total campaign donations of nearly $300,000, according to a post-election filing with the Missouri Ethics Commission. Gardner’s platform of criminal justice reform to help minorities proved a nice fit for Team Soros.

Color me shocked.

Ex-Missouri governor considers suing prosecutor over dismissed indictment

It was a crime that was committed against me, but most importantly a crime against the people of Missouri. This was their votes that they worked to overturn,” Greitens said during a wide-ranging interview on the Just the News podcast John Solomon Reports. “

I know! Progressives perverting the legal system to get rid of an elected official they didn’t want elected. It’s just so eerily familiar, somethings ringing in the back of my mind. If only I could remember or put my finger on it. /Sarcasm

Missouri: Soros-Backed Democrat Prosecutor’s Conduct Under Review in Greitens Case

You can hear a very interesting interview between Greitens and Seb Gorka

So in addition to Governor Greitens “pissing people off” per Seb, why would Demoncrats and Soros want to get Governor Greitens out of office? I mean, yeah, he was fulfilling campaign promises and nobody really expects politicians to do that these days, but what else could have been in the chute? Translations: Coming down the pike, In the wind, In the offing, Waiting to happen?

Well now.

Missouri governor says state will accept refugees This would be the replacement Governor, the one that took over after the Soros funded Gardner pushed Greitens out.

Missouri Gov. Michael Parson (R) said Monday that the state will accept refugees after President Trump signed an executive order allowing governors to opt out of doing so, according to the St. Louis Post-Dispatch.

What? Missouri didn’t have a high enough crime rate? Needed more people for the taxpayers to support? Of course they may assimilate and become useful citizens, but I somehow think that Missourians might not be all that thrilled. Though Parsons isn’t the only one.

These 15 GOP governors are asking for more refugee resettlement in their red states

A tip of my Stetson to my buddy Larry that tipped me off on that bit.

But even if Missouri doesn’t suffer the increased crime rates, and more people on the dole there are other considerations.

Election Fraud Cases

Missouri Secretary of State: Yes, voter fraud is a real threat

Voter Fraud Changed the Outcome of a Missouri Election

Missouri, like I’m sure other states already seems to have a voter fraud problem. Why does Parsons want to add to it?

Democrat Voter Fraud in Minnesota

Who is elected absolutely has the ability to change the character of a state. For example look how settling around 100,000 Somalis in Minnesota “enriched” their culture and affected their state.

How Minneapolis’ Somali community became the terrorist recruitment capital of the US

The state that gave us the anti-Semitic, terrorist supporting, Bernie Sanders loving Ilhan Omar. Is she still married to her brother?

But Minnesota is not the only state that has been affected by an influx of “outsiders”. Look at Virginia. It used to be a nice state, lots of nice horses, lots of nice places to ride. Oh, I’m sure it had other good qualities as well. For example it used to be sane. As in respecting the rights of individuals as recognized (not granted) by the Constitution and the Bill Of Rights. Rights that are granted by G-d, not government. But all that has changed. There has been an influx of progressives, and they’ve changed who gets elected and who gets elected is who writes and votes on laws. For the last few months we’ve been watching gun owners in Virginia wage a desperate battle to hang onto their Second Amendment rights.

But it will not end with Virginia. Virginia is not the only state under attack, it is part of a bigger plan. And like the Wuhan Corona virus, it can be there for awhile before the state even realizes it’s been infected. There is a book on the plan to turn Red States into Purple States. Blueprint

“The Colorado turnaround in 2008 was nothing short of phenomenal: a once rock-solid Republican state went Democratic in a big way. And members of both parties are still scratching their heads over what happened. Adam Schrager and Rob Witwer have dug into the question for their book ‘The Blueprint: How the Democrats Won Colorado and Why Republicans Everywhere Should Care.’ –Political Bookworm Blog by Steven Levingston

Missouri does have a piece of legislation pending that may help them, although it wouldn’t prevent a Virginia style takeover. It is an excellent bill called “Second Amendment Preservation Act (SAPA)”.

If you have friends in Missouri, and I do, you may want to pass this along to them. There is a reference page from a group called Missouri First Second Amendment Preservation Act (SAPA)

And they have a video explaining how it works

Last I heard is the Bill is doing great in the house with 86 co-sponsors, but in the Senate a Senator named Doug Libla who is Chair of the Transportation, Infrastructure and Public Safety Committee is holding it up. Seems he insists it be watered down. Now one would think this Sen. Libla would be a Demoncrat, but he’s not. He’s supposed to be a Republican. I guess he’s one of those “Trans-Republicans” like Mittens Romney.

A current specimen of a “TransRepublican”

So I suppose, inquiring minds wonder, how many reasons were there that the Soros funded prosecutor went after Governor Greitens, and why exactly did they want him removed? Ultimately will it end up changes the character of the state? For the sake of Missourians, I hope their Second Amendment Preservation Act is signed into law soon.

So whatever happened to? According to the video, he’s headed back to court. Sic ‘em Governor Greitens.

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The Right to Keep and Bear Arms Is an UNenumerated Right?

Trigger Warning: The referenced column is written by a left-wing whacko acting professor at the People’s Republic of Kommiefornia’s UC-Davis, and is published in The Atlantic.

I don’t know what constitution Aaron Tang — who purports to be a “Constitutional law & education law prof” — teaches, but he should bone up on the United States Constitution. If he taught anywhere but the University of California – Davis, I’d call that fraud. But he’s par for the anti-rights course there.

What If the Court Saw Other Rights as Generously as Gun Rights?
Both gun-rights advocates and educational equity activists use similar legal strategies. Why does the Supreme Court treat them so differently?

Probably because the right to keep and bear arms is specifically mentioned in the Second Amendment to the Constitution, and education is not. check for yourself; no mention of education, learn, teach, school, university, college, or anything else education-related. (While we do speak of an Electoral College, that term doesn’t actually appear in the Constitution; only “electors.”)

If the courts treated education the same “generous” way they do Second Amendment rights, you might need a license to go to school, minors wouldn’t be allowed to go to school, you’d need to pass a background check before every class, you might be allowed one class per month, and you’d be limited to a low-capacity tenth grade education. The Department of Education could arbitrarily ban knowledge of algebra and imprison you for knowing it. You might be allowed to go to college, but only after paying $200 for the permission slip that would come eight or nine months later, and local law enforcement would be informed. Depending on your major, even with the permission slip you would not be allowed to attend a college or university established after 1986.

Spearheaded by new leadership at the NRA in the late 1970s, gun-rights activists engaged for decades in an effort to persuade the Supreme Court to recognize an individual Second Amendment right to bear arms for self-defense at home. The Court ultimately enshrined that right 12 years ago in D.C. v. Heller, displacing a long-standing consensus to the contrary.

Tang clearly didn’t read Heller, or he’d have seen Scalia’s many, many citations of Supreme Court cases, law, and history supporting the individual right. The Supreme Court has been recognizing an individual right of the people since at least 1857.

At first glance, the gun-rights movement and the pursuit of educational equity seem to have little in common. But they in fact share an approach: Both promote arguments that rely on what are called “implied” or “unenumerated” constitutional rights.

Oh, really?

Article 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.

Article II, Two, 2. Numeral. Enumerated.

The argument for a constitutional right to train at any shooting range is far from obvious. The Second Amendment speaks of a right to “keep” and “bear” arms, but says nothing about a right to train or practice.

I’ll grant that the words “train” and “practice” don’t appear, but please note that “well regulated Militia.” What did “regulate” mean when that was written?

regulate: 1. to adjust by rule or method 2. to direct

What the heck kind of well regulated, ordered, prepared, methodical militia is untrained, unpracticed? Certainly not the sort specified by the Second Militia Act of 1792 which required militia members (each and every free able-bodied white male citizen of the respective states, resident therein, who is or shall be of the age of eighteen years, and under the age of forty-five years) to arm themselves with militarily suitable firearms and equipment.

That every citizen so enrolled and notified, shall, within six months thereafter,How to be armed and accoutred. provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch with a box therein to contain not less than twenty-four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball: or with a good rifle, knapsack, shot-pouch and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder; and shall appear, so armed, accoutred and provided, when called out to exercise, or into service, except, that when called out on company days to exercise only, he may appear without a knapsack.

Further note that government officials and employees were not included in the militia; dispensing with the common violence-enabling victim-disarmer argument that the militia is the army and national guard (a point the Supreme Court noted in 1990, which for numerically-challenged people like Tang is many years before Heller).

But see that “exercise”? That isn’t talking about jumping jacks and sit-ups. A /militia/military exercise is training and practice.

And just in case Tang is as hazy on law as he is the Constitution, the militia is still codified in 10 U.S. Code § 246. Militia: composition and classe. And yes, government officials and employees are still exempted.

Aaron Tang is clearly at UC-Davis because the heads of every other law school in the country were smart enough not to hire the ignoramus.

[Permission to republish this article is granted so long as it is not edited, and the author and The Zelman Partisans are credited.]

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