November 29, 2013 | 2nd Amendment, Civil Liberties, Constitution, Founding Documents, Sovereignty
As the years go by, I find it increasingly more difficult to place my thoughts upon a page for others to read, and contemplate.
It is not that I have little or nothing to say in any matter, but rather that I am tired of watching this country sink into an abyss from which only despair can ensue. Our solution? Talk endlessly about the problems and take no action other than what has been done over and over with little or no results except the slow erosion of our rights and liberty.
Some things do move me to place my opinions on paper and send them off to the world.
Today I write because of the words of one Mr. Dick Metcalf. It is not simply a matter of agreeing or disagreeing with his most foolish and ignorant statements, but rather that he voiced the opinion of too many gun owners, and an overwhelming majority of the populace.
Let us start with first principles. Whether you understand it or not, the Declaration of Independence is the first document of law established by the United States of America. In it you will find the reasons that the colonists chose “to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them…”
At the end of the revolution the arduous process of creating a system of government began. Many think, or rather have been taught to believe that the Constitution defines the rights, and privileges of the citizen rather than its construction as an enumeration of limited sovereign powers granted to the government. It is not a blank sheet of paper that may be interpreted as a political agenda, and it is not written in a manner that would out date its primary directive; a government of specified authorities that established the rule of law, and the Sovereignty of the People.
Before you read any further you must be clear that so many, such as Mr. Metcalf, either cannot understand, or simply will not support the fact that [we] “are endowed *** with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.— That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.” A bold concept at the time when monarchy’s reigned throughout the world.
You must also, with unwavering support, recognize and abide our lawful doctrine “That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it ***”.
If you choose to have a black robed administrator interpret the law for you, then the battle is lost and it is time to lay down your arms, go home and wait for the inevitable. For as sure as the Sun will rise in the East, men seeking power will interpret away all of your rights and shackle you with their whim, or worse their perversions.
The blood of patriots formed the United States, but now it is being destroyed with the blood of innocents under the weight of bureaucrats, and servants whose primary responsibility is to protect the rights of the individual. Instead those bureaucratic servants of the people have ascended to the role of autocrat through the unlawful acts of the courts.
Everywhere you look there is an abuse of power being performed under “qualified immunity”. This is our legacy to our children; a dictatorship formed through ignorance and ambivalence.
But, we should be thankful to Mr. Metcalf for his, in my mind, obviously blatantly repugnant disrespect for our rule of law, as he has pointed to our misunderstanding of that law. For if a government proclamation of any sort can regulate our arms it is not a right, but rather a privilege by legal definition.
Perhaps now a decent and intelligent discussion may commence on the Sovereignty of the People, and the proper role of a limited government. It is my hope that Mr. Metcalf, and others will learn some lesson from this incident.
On to the facts.
“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.” That amendment must be read in its entirety, and with due respect for its lawful tenor, not only as a right, but also as a duty; a duty that we have failed to perform.
Yes my fellow citizens, we have failed to perform. It became so evident that in 1902 the United States Congress admonished the citizen, and gave us the Dick Act. The legislation was enacted because of the constitutional mandate under Article 1, Section 8, Clause 15&16, the laziness, and obvious unwillingness of the People to maintain the rule of law.
I am going to make some points about the Dick Act that I would venture to wager the majority reading this will have a similar response to that which they displayed for Mr. Metcalf’s statements.
The Militia are the body of the People fully armed, “well regulated”, and under the control of the state, not the federal government. The Constitution entails that the United States was and is, to this day, “reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress…”
There has been no amendment to the Constitution that repealed, or changed Article 1, Section 8, Clause 15, Clause 16, or the Second amendment. So when we speak of the Dick Act as our excuse to avoid our constitutional duty, we do so with the knowledge that there are those who look at us as nothing more than sheep to be led to slaughter.
It cannot be denied that the Constitution does not state that the Army or the Navy is “necessary to the security of a free state”, nor does it give credence to a National Guard created without amending the People’s awesome responsibility and duty to enforce the laws of the land.
So we ourselves set the question as to why we should press ourselves to devote four or five weekends a year to learn the tools needed to preserve a peaceful and productive society devoid of constant abuse from street thugs, and persons of unconstitutional agencies operating under ‘color of law’?
Imagine, if you will, the inconvenience of mustering once every few months to train as a soldier. Imagine the responsibility of securing our neighborhood, and being accountable for the reduction of crime. Imagine the horrible burden of keeping the streets safe for our wives and children. Imagine the unthinkable hardship of having to muster to fight off an invading army. It seems just too much to bear when we can pass our duty off to someone willing to make the sacrifice.
It is much easier to send a few dollars off to the NRA or GOA so that they can ignore the rule of law and argue that the Second Amendment does not mean exactly what it says, but that it should be read only in part. An argument that has kept the slow and inevitable erosion of rights going for decades. I choose not to do so, but rather to alert my fellow Americans to the fallacy of pretending that they are actually fighting the good fight by begging legislators to uphold their oath of office, or voting in this infamously controlled two party system.
Our failure to uphold the complete text of the Second has caused the loss of the power of the Grand Jury because the courts saw no push-back when they interpreted away its true and proper function. We lost the power of the Petit Jury because the courts play on our ignorance, and instill fear in those who would by their enlistment in the Militia have the lawful means to uphold their duty. Our freedoms are regulated away by the very councils that we elect, or appoint, to serve our authority. We are content with doing nothing but petitioning a system intent on our subjugation.
Prior to placing Article 1, Section 8, Clause 15&16 into the body of the Constitution, the Founders had One Hundred and Fifty Years of experience and legislative doctrine with the duty, and power of the Militia. They did not need to explain it because it was our history, a history that the Dick Act simply highlighted as it had no force to amend the Constitution.
The Militia is such an important part of our function of government that those who understood the character of men sought, and succeeded in having it enshrined as a right not to be infringed.
Where are the Militia, and our sovereign authority?
It has been relegated to the history books by propaganda set out by the very people who would benefit most by a disarmed and docile populace. It has become a relic of days gone by when the Militia took up arms to meet the British on Lexington Green when on April 19, 1775 Captain John Parker commanded his Minute Men to “Stand your ground. Don’t fire unless fired upon, but if they mean to have a war let it begin here.” Those words are vanishing into history made a myth as though fathers and sons never mustered in place to protect their beloved community.
So where are the Militia today? It stands behind the few dollars we donate, the votes we cast for those who promise us that they will abide their oath, and the lawfully unsupportable claims we make before legislative hearings and court pleadings.
If we’ve failed in our duty to train and hold the tyrant at bay, then how can we anger over the words of Metcalf when our own actions support his ignorance? Is it not the same?
Metcalf’s words simply echo the thoughts and actions of the people as a whole. We are remiss in our duties, but we feel a need to admonish those who speak what has been on our own minds for decades.
However, we are not lost. We can still regain our Sovereignty if we choose to brandish our Sword through the duly organized Militia under the properly legislated authority of our state. A Militia that we must force our governors and legislators to recognize by either sponsoring the proper legislation, or in some cases demanding that the governor uphold his office and begin mustering the Militia as it was meant to be; the People’s duly recognized law enforcement arm.
The authors of the Constitution depended upon history and well established law to show the truth of the matter; “The power of the sword, say the minority of Pennsylvania, is in the hands of Congress. My friends and countrymen, it is not so, for the powers of the sword are in the hands of the yeomanry of America from Sixteen to Sixty. The militia of these free commonwealths, entitled and accustomed to their arms, when compared with any possible army, must be tremendous and irresistible. Who are the militia? are they not ourselves.” - Tenche Coxe on the Right to Keep and Bear Arms.
To some, our righteous indignation, and subsequent dismissal of Dick Metcalf is an accomplishment of sorts. However, I view it as nothing more than the sum total of our failure to understand the law, rights, privileges, and the principles of a free and honorable People.