Archive for the ‘2nd Amendment’ Category
by Nicholas Testaccio
On August 27th of 2020, the online site Revolver wrote the following; “In a surprising turn of events, the New York Times has done some actual, real investigative reporting and confirmed Revolver’s conclusion that the Kyle Rittenhouse shooting is an open-and-shut case of self-defense. Shockingly, the evidence turned up by the New York Times actually strengthens the case for self-defense.”
Despite the protests, the propaganda, deceit, and the outright lies, a jury of his peers agreed that Kyle Rittenhouse acted in self-defense. I am sure that there were many thoughts as to the ramifications of a not guilty verdict that played heavy on the minds of the jurors, but they delivered a verdict that should never have been in question. Instead, the propagandist in the media and government doubled-down on their lust for more blood and suffering. The congressman from New York, Jerald Nadler, has called for the DOJ to investigate the matter.
This is what our future will look like, a nation torn apart by those whose goal is to bring America to its knees. We have already seen the DOJ unleashed on parents concerned about the quality of education their children are receiving. In fact, Attorney General Merrick Garland has lied before congress on this matter, but the AG is part of the internal threat to American’s so he will not suffer any consequences. Hopefully, I am wrong with that assessment.
As I go about the business of learning what others think of such matters, I am constrained to conclude that because of the factors of ambivalence, ignorance of our law, and naivety we may fall to a civil war, or devolve into a tyrannical state. I have heard enough people, who perceive themselves as intelligent, make the outlandish statement that they do not believe in conspiracies. You need only read the words of our Founders and examine the Constitution to recognize that conspiracy is the norm, but not the aberration. The Constitution is clear, it is an instruction manual for limited delegated authority, with the power of the Sword placed firmly in the hands of the people. There are no hidden meanings as professed by self-proclaimed scholars, nor is it open to interpretations made by black robed administrators, and their lackeys, commonly known as lawyers.
As I have attempted to convey, on so many occasions, this is a nation of sovereigns. “We the People” set down the Law, and “We the People,” in order to preserve our sovereignty established that it is our Right and our Duty to protect and defend our freedom, and especially our lives above the protestations of the oligarch and ignorant alike. The rule is “innocent until proven guilty” and “It is better that ten guilty persons escape than that one innocent suffer..”
Bear in mind that in the Rittenhouse case, without any evidence that the young man was a racist or bigot he was labeled as such, and after the fact that he did not shoot anyone of African descent, the media is still playing the race card. More so disturbing is that there is still a large number of people who believe that young Rittenhouse killed Black men in his defense of himself, and therefore a murderer regardless of the facts.
Consider the fact that our government, I say “our” with a smirk because it no longer acts as our servant, has, for decades worked to disarm the public, and destroy the right of self-defense against this most pernicious enemy; the institution itself.
“We inquire, therefore, what, at the time the Constitution was framed and adopted, [was] recognized” as self-defense? The Constitution is not a difficult document to read, as are the unconstitutional, verbose, and often ambiguous acts of contemporary legislators. It came with a set of detailed instructions from the delegates and observers of the constitutional convention. The history of political and legal doctrine was no secret to the Framers, and they were religious in their reliance on the brilliant minds of politics and law that had gone before them, and fortunately, lived at that moment.
John Locke is referred to as the Father of Liberalism, a political and moral philosophy that underlines our form of government; “Consent of the governed.” His writings and principles helped guide our Founders to establish a government of, by, and for the people. It is no easy task to maintain that mindset when we have a legal system that has bastardized the law and usurped the authority of the people in order to centralize it to the ever growing threat that is government. Let us reflect on Locke’s explanation as it plays an important role with regard to the Kenosha affair and the push to disarm the American people.
John Locke described self-defense in this manner; "The defence of one's self, or the mutual and reciprocal defence of such as stand in the relations of husband and wife, parent and child, master and servant. In these cases, if the party himself, or any of these his relations, be forcibly attacked in his person or property.” Let’s pause here a moment. If you recall, during the Rittenhouse trial the prosecutor asserted that there is no right to protect property. In general, that is, of course, contrary to the instinct of man, and a violation of a natural right.
Locke goes on in his description to say, “it is lawful for him to repel force by force; and the breach of the peace, is chargeable upon him of the human mind; and (when external violence is offered to a man himself, or those to whom he bears a near connection) makes only who began the affray. For the law, in this case, respects the passions it lawful in him to do himself that immediate justice, to which he is prompted by nature, and which no prudential motives are strong enough to restrain. It considers that the future process of law is by no means an adequate remedy for injuries accompanied with force; since it is impossible to say, to what wanton lengths of rapine or cruelty outrages of ...
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by Nicholas Testaccio
Dr. Miles Bennell here singing, “Great Googamooga, can’t ya hear me talkin’ to ya? It’s a Ball of Confusion. That’s what the world is today.”.
Yes, that is what I awoke with in my head this very morning. I showered, shaved, brushed my teeth, and gargled so that I might look and smell good for my computer. Heck, who else am I doing it for? I am restricted from moving around, going down to the local watering hole, and perhaps imbibing a beer or two with the regulars. If I go anywhere, the fascist mask Nazi’s demand that I must wear a face obliterator to prevent the spread of germs for a virus that doesn’t really appear to be as deadly as they keep promoting.
My head has been in a perpetual state of turmoil as I watch my country torn apart by psychotic, megalomaniac’s, power hungry bigoted sociopaths that occupy both the halls of government and the media.
By the way, it is extremely important to note that those people are chosen to govern by our vote, a process that has now proved that the Founders were correct in setting out parameters for eligibility. What does a person think about when they cast a vote for someone who not only is an incessant liar, but does the exact opposite of what they promise? Top that off with a two party system, and tyranny, turmoil, and dissolution are inevitable.
Onward!
It has been over two months since the election, or whatever else you might call it considering the confusion, and we are headed toward an administration that has promised to hunt down Trump supporters and make them pay. Yes, that has been the rhetoric that has come from that side, and it is most certainly validated by last year’s turmoil in which several cities, including DC, were set ablaze, pillaged, and plundered. Just like the good old days. Wonderful!
I did not hear people condemning the violence then. While video of fires and looters were all over, the media proclaimed it was mostly peaceful, and our newly elected vice-president was proclaiming the virtues of the rioter’s behavior, she was also assisting in their release from jail.
But! But when protesters stormed the capital there was no end to the condemnation by both sides of the aisle. Accusations of sedition and treason were spewed from the leftist media and incoming communist party members. Trump was blamed, again, by his mere existence.
And of course, after a second impeachment, the FBI comes out with the fact that they had received information that the storming of the Capitol was planned. What else is new? It’s not that we don’t already know that the DOJ is thoroughly corrupt and filled with democrat partisans.
For those of you who do not know, Kevin McCarthy played the role of Dr. Miles Bennell in the 1956, original edition of Invasion of the Body Snatchers. I have made mention of the character before because I believe, unswervingly, that I am watching the people of this nation, and probably the world being consumed by some sort of entity that does not allow for rational thought.
Follow me now, especially those who are condemning the violence and warning that “they”, the democrats, are coming for our second amendment rights. I may have to wander a bit before I come to my pressing question, but I promise I will arrive at some point. My mind is all over the place right now trying to understand what is taking place.
Mark Levin pointed out that in Pennsylvania, Michigan, Wisconsin, and Georgia the democrats went around the State legislatures by going to the executive and judicial branches in order to affect changes in voting. It is clear as the nose on your face, but since you are wearing that ridiculous mask you may not see your nose. I should also note that the full videos of Levin and two constitutional law professors has been removed from YouTube.
To provide for the selection of the delegates to the Electoral College the U.S. Constitution requires “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors…” I am not going to discount the Twelfth Amendment, which explicitly explains how the election of a president is to take place. I’m simply going to recommend that you go read it, and hopefully understand that the current process is a corruption of the Electoral College.
In support of the claims that the election was corrupt, I contacted my State representative here in Pennsylvania to advise him of the law. He told me that there was nothing that the legislature can do. I objected, but he told me that their counsel advised them that there was nothing that the legislature could do.
In my quest for truth, justice, and the American way, no I am not Superman, I sent my representative and the leadership the following:
-----I am linking to McPherson v. Blacker, 146 U.S. 1 (1892). Of particular importance, according to SCOTUS comes at 34 & 35 where the Court rules;
-----"The appointment of these electors is thus placed absolutely and wholly with the legislatures of the several states. They may be chosen by the legislature, or the legislature may provide that they shall be elected by the people of the state at large, or in districts *** This power is conferred upon the legislatures of the states by the Constitution of the United States, and cannot be taken from them or modified by their state constitutions *** Whatever provisions may be made by statute, or by the state constitution, to choose electors by the people, there is no doubt of the right of the legislature to resume the power at any time, for it can neither be taken away nor abdicated."
-----I hope that McPherson clarifies the fact that the legislature has the ultimate authority to place the electors, and in particular when public officials and courts ...
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by Nicholas Testaccio
The idiom, “Stupid is as stupid does”, popularized by the film “Forrest Gump” indicates one’s level of ignorance or stupidity. Some definitions grant that it could also indicate one’s level of intelligence but given the fact that the word stupid is emphasized, I am going with the negative.
This is a constitutional Republic as I have noted many times in the past. Yet, we allow the people we send to congress, other public officials, and the media to continually label our nation a democracy. It cannot be a simple mistake because the U.S. Constitution commands that “The United States shall guarantee to every State in this Union a Republican Form of Government”.
So, is the constant rhetoric about democracy a mistake, a clear violation of the law, or insidious propaganda? Vladimir Lennon is credited with saying that “A lie told often enough becomes the truth”. That particular mode of propaganda has been used quite effectively over the years. For anyone paying attention, we are deluged with it from the same political bent from which it arose. That is to say that it is a tool of the Marxist, elitist, oligarchs, and mainstream media who are all part of the cabal to overthrow liberty. If you question this, refer to the title because I am almost certain that others besides myself see the same picture.
The Founders of this nation were wary and skeptical as to whether we could keep a Republic. They were students of history, and as Patrick Henry conceded, “I have but one lamp by which my feet are guided; and that is the lamp of experience. I know of no way of judging of the future but by the past.”. Given the history gone by, and the character of man, both good and evil, Thomas Jefferson lamented “The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.”.
It is easy enough to look back at history, and second guess those who lived in some of the most interesting times. We can accuse those who lived in a moment of great importance and question their actions. We can celebrate those who fought for freedom, denounce the evil doers for their wrongs, and learn from the errors that all of mankind makes. Abandoning our history is akin to ignoring that “one lamp by which [our] feet are guided”. That certainly would not be wise for within the dusty pages that comprise our past are the building blocks for a better future.
As astute as the Founders were, they knew that liberty shines brightest when the people, who are for the most part peaceful, have the means to maintain their freedom without the corrosive interference of bureaucrats. Evil doers abound, the murderers, the thieves, the greedy, the power hungry, and the genocidal maniacs do not disappear from the pages of news simply because the law exists to prevent their ambitions. With that in mind, the Framers recognized for the people the tool that they deemed “necessary to the security of a free State”.
It would be simple enough to read the law of the land, and the papers written by those who explained, in detail, what the words meant, and the recognition of the pitfalls that might ensue. Given the predilection of man to be swayed, particularly in today’s world, by silver-tongued viper’s claiming the title of expert, I have little hope that reading every word in the Constitution, and comprehending that it not only must be interpreted by what the Framers understood, it must be enforced as detailed.
I took to writing these articles with the hope that, in their short version, people would take the few minutes needed to read, and gain some understanding of our law. I was prompted to this when I made a statement, years back when debating the application and enforcement of the income tax, that the American people are stupid. I made the claim because the facts are spelled out, and those facts of law are not the same as policies enforced by bureaucrats, and dishonest judges. I was immediately rebutted by another stating that the American people aren’t stupid, they just don’t know. I handed him a stack of papers proving the law as I had claimed, to which he responded, “I haven’t got time to read that shit”, thus validating Forrest Gump’s now famous idiom.
I spend my days reading articles, listening to the opinions of others, and trying to make heads or tails of today’s issues. Sometimes, I am asked to comment on a particularly high-profile case. In many cases, I find that the interpretation does not square with what was opined, ruled, or decreed. I remember the words Paul Simon wrote in “The Boxer”; “Still, a man hears what he wants to hear And disregards the rest…”
How poignant when we consider the rule of law, and the Forty-Two Hundred words of the U.S. Constitution. The document requires that every public official of the federal and State governments, be they elected or appointed, swear an oath to protect and defend. In those Forty-Two Hundred words are delegated authorities, and restrictions that “We the People” have made law. Each word must be given its due force as the Constitution must be read in its entirety in order that the rule of law “[o]ne constructed on the principle that the Supreme Power resides in the body of the people”, be interpreted by “[w]hat *** those who framed and adopted it underst[oo]d [its] terms to designate and include”.
“In expounding the Constitution of the United States, every word must have its due force, and appropriate meaning”, and what could be more important to “the Supreme Power *** of the people” than the ultimate authority “to execute the Laws of the Union, suppress Insurrections, and repel Invasions”?
John Locke wrote in his Second Treatise “To understand Political Power right, and derive it from its Original, we must consider what State all Men are naturally in, and that is, a State of perfect Freedom to order ...
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by Nicholas Testaccio
From time to time I will pass along, to those on my e-mail list, an article that I have read. Recently, I circulated an article titled “Election 2020: The Worst Case Scenario Is The Most Likely One”. At the end of the article, the author Brandon Smith suggested “community based security” as a means of solving some of the current issues rather than accepting what might come about by embracing more government intervention. I commented to the author that “community based security” is a requirement in that the Constitution commands that we maintain “A well regulated Militia” in order to fulfill the duties imposed at Article I, § 8, Cls. 15 & 16, and Article II, § 2, Cl.1.
In the e-mail I sent to my list, I wrote “I've taken the time to e-mail Mr. Smith inferring that his idea is another term for Militia, and how the Constitution commands it”. Inferring, as the dictionary defines it means “to derive as a conclusion from facts”, “to involve as a normal outcome of thought”, or simply to “indicate”. Why would I make that inference? The Militia Act of 1792 reads as follows, “That each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia, by the Captain or Commanding Officer of the company, within whose bounds such citizen shall reside, and that within twelve months after the passing of this Act. And it shall at all time hereafter be the duty of every such Captain or Commanding Officer of a company, to enroll every such citizen as aforesaid, and also those who shall, from time to time, arrive at the age of 18 years, or being at the age of 18 years, and under the age of 45 years (except as before excepted) shall come to reside within his bounds; and shall without delay notify such citizen of the said enrollment…” The Militia Act of 1792 was repealed by the Act of 1795 and revised in 1861 to include all able-bodied males.
I have mentioned in at least a few articles that on April 19, 1775, Captain John Parker and 70 Militia mustered on the Green in Lexington as a show against the force of 700 Regulars that Thomas Gage had sent to disarm the militia. That company of Militia did not just appear on the Green. They were required by law to be organized, armed, and trained to fulfill the duty of “citizen soldier” under British law. In the case of Parker’s company, they stood upon the principle that their duty was to stand up against an unlawful act. This belief can be traced back hundreds of years in English law. Instead of “redress of grievance”, the colonists received threats and punishment for their complaints to the crown and parliament. Contrary to the rights secured in the English Bill of Rights, and previous incarnations of guarantees, British regulars marched to disarm the lawful Militia.
As the record shows, someone fired a shot on that day that later became known as “the shot heard round the World”. It was the beginning of a nation conceived in liberty, and the long and arduous path that has brought us to protests, riots, looting, destruction, and the death of many at the hands of those who wish to destroy this nation.
We have been on the path of a fledgling nation to a modern day superpower. Yes, we have made many mistakes along the way, but we strove to correct them. Today we are in the midst of, what I believe is the definition of a civil war. The power structure is not clear, and there are factions that wish to tear us apart. They are doing so by threats and violence. Amid this they are calling for the abolishment of police.
There is no need to dissolve, limit, or defund police departments around the country. What needs to be done seems simple enough to me. By the historical record, “a member of a group of men pledged to take up arms at a minute's notice during and immediately before the American Revolution”, our police can be redefined and restructured to be our modern Minutemen.
What is the difference between a policeman and a minuteman? While minutemen were called to duty, police are there patrolling the streets on a constant basis. Police are armed and organized under the command of the local government. Minutemen were able-bodied men of the community, armed, and trained. In essence, a “community based security” operating under the militia statutes enacted by the State government. Police, on the other hand operate by the edicts of, far too often, unconstitutional acts of the local and State governments.
Let us take some quite simple steps before we place the brave men and women who serve every day into the lawful role “to execute the Laws of the Union”. We admit to ourselves that our idea of “doing something” is akin to doing nothing at all, or even worse when we are doing the wrong thing. I received a question from a so-called pro-2nd group, and for those insulted by the term so-called, the dictionary defines it as “used to show that something or someone is commonly designated by the name or term specified”. Having settled that misconception, I move on to more pertinent issues.
The question referred to the way those who argue for the right to keep and bear arms using the “individual right” theory are wrong because it is not being done by my method. To which I reply, good grief!, why would you do it my way? I simply ask that you do it the way the Framers of the Constitution, those men and women who sacrificed, wrote it into law.
Granted, I have taken the time, several years, to read through the history, the acts, and the laws surrounding the foundation ...
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by Nicholas Testaccio
At a time when people were born to serve kings, American colonists were clashing with British troops, and Thomas Jefferson penned a unique doctrine on the relationship between “Governments … instituted among men, deriving their just powers from the consent of the governed”.
American Militia, “civilians primarily, soldiers on occasion”, mustered on Lexington Green, and engaged British regulars all the way back to Boston.
From the time the Declaration of Independence was made the first law of a new nation, until hostilities ended in 1783, the People fought a grueling and costly war for independence, not only from Britain, but also from the old collective of monarchs.
A new nation, “conceived in liberty”, was about to form under a concept that was unique to all the peoples of the world; “We hold these truths to be self-evident, that all men are created equal…”
The concept of rights is not something unique to our form of government, nor was it a novel idea at the time of the revolution. When Henry I ascended the throne in 1100 A.D., he set to doctrine the Charter of Liberties of King Henry I.
More than one hundred years later, on June 15, 1215, King John was forced to sign the Magna Carta to avert a Civil War when confronted by a host of rebellious barons. Ten weeks later, Pope Innocent III nullified the agreement, and the English countryside was plunged into war.
The history of rights acknowledged, and then revoked is long, and often painted with “the blood of patriots, and tyrants”. While the words in the Declaration may ring as a statement of liberty from birth to death, it is a concept that must be enforced by men and women of courage and fortitude. They must be true to their neighbors, and they must be true in their heart that, above all, freedom is our province, and our responsibility.
Jefferson did not write, nor did the signers of the Declaration recognize “that all men are created equal” and they remain so for the rest of their lives. The concept of equality is a notion of status across a spectrum of laws, abilities, consciousness, determination, and a love of liberty. Obviously, the doctrine laid out in the Declaration can only work when the People understand that freedom does not come lightly. It comes at the cost of diligence and duty. It must be ever protected from the tyrant, the ignorant, the ambivalent, the foolish, and the “useful idiots” that help to destroy a nation.
We are amid, what has been labeled, a pandemic; “an outbreak of a disease that occurs over a wide geographic area and affects an exceptionally high proportion of the population.” Whether or not COVID-19 lives up to its label becomes more and more questionable by the day, we are nonetheless acting as if it has the blessings of the Grim Reaper. We have been forced to shelter in place. Schools are closed, only businesses that have been deemed necessary are open, social gatherings of any type are considered inappropriate, and hoarding has become an issue. Many essentials have become scarce. Chicken is often missing from stores, the price of eggs has doubled, milk products will be next as I have noticed scarcity of some brands. Canned goods are in short supply, and prices have risen. I can see the price of pork products rising as Smithfield has closed three plants, and Tyson recently closed a plant.
Political bantering, and a lack of information has made the situation worse. By this time, every year we could have thousands of deaths from some flu in this nation alone. I have not heard anything at all about a flu problem this year, and certainly the numbers from this dreaded COVID-19 don’t reflect any greater stress on society if we actually count those who died because of the virus, but not with the virus.
I have heard different stories from different doctors. A few, the high profile type that the media loves to use to sell an agenda, claim that “the sky is falling”. Others are saying the opposite, but you will not see them on the mainstream media. Recently, I’ve watched YouTube video’s featuring dissenting views by those who call out Dr. Fauci for being a fraud, a tool of big pharma, and essentially a deep- stater.
Once again, with the help of a dishonest and despicable media, we, the common folk, are in the dark as to what is real, and what is fiction. How are we to overcome when we are given only some facts, and half-truths? More importantly, how are we to survive when we allow government to command us into intolerable positions.
Recently, there have been protests against the lockdown. With typical derision, many in governmental positions, and their tools in the media, these protests have been mocked for one reason or another.
There is nothing to say about the propaganda spewed out by the leftists and the corporate media bent on selling us down the path to socialism other than what more would we expect. What I would focus on is the incredible ignorance regarding protests, and civil disobedience.
Once again I must point to the fact that the Declaration of Independence lays out the relationship between “governments … instituted among men, deriving their just powers from the consent of the governed”, wherein all power stems from the People. Later, after a long and arduous rebellion, the Founders proclaimed that “We the People *** establish Justice *** and secure the Blessings of Liberty to ourselves and our Posterity” and set down the rule of Law under the U.S. Constitution.
The Framers did not simply make lame proclamations to be interpreted to suit public officials, but rather recognized, and institutionalized, the fact that the one true force for liberty and freedom could only be the body of the People exercising the power written into the Constitution. A power so distinct that it was accompanied by statutes defining its organization, armament, and discipline. A power so well established as to have it roots dating ...
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