Who Is To Blame?
May 19, 2021 | General
by Nicholas Testaccio
If you were to look at the figures compiled on homicides in America you might become anxious or perhaps frightened. What you should not become is stupid.
There are numerous factors surrounding violence in America. Location, immigration, politics, an abysmal failing to uphold the Constitution, and propaganda, just to name a few.
Eliminate cities such as Chicago, Baltimore, Detroit, and St. Louis, and the murder rate in America goes from one of the highest in the world, to one of the lowest. It is incredibly sad, but not surprising, to say that the cities with the largest bureaucracies, being run by democratic socialists are the places that position America at the highest levels of mayhem. Taking away the inexplicable madness of the people who continually vote for their own demise, the abusive forms to which they subscribe, and that would place America as one of the most peaceful countries in the World.
Peace and stability are not the goal of the politician as they cannot flourish in an environment wherein the people are content with their prosperity. They must be brought to heel so that the politician is perceived as being a necessary component to safety. Within the large cities the population comes to believe that they are the sophisticates by way of educational programs, cultural sites, a programmed media touting the accolades of subjugation to “public officials” and the false narrative of the benefits of democracy. Almost every aspect of the large city is designed to diminish the natural proclivity toward freedom.
Regardless of your political bent on immigration, the issue has become a means to sow strife throughout the nation. There are those who like to say that this is a nation of immigrants. A nation of immigrants will tear itself apart as different groups cling to the ways of the old country and destroy the fabric of the Republic. A country that allows migration for the purpose of enhancing its structure is also a nation where the migrant becomes part of the culture. They may or may not maintain their traditions, but they must assimilate the laws and customs of their new home. They can trace and recall their ancestry, but in the long run, they must be an American. Plain and simple.
Most people come to America to better themselves. That, of course, was a legitimate sentiment One Hundred years ago. They were allowed to come here for one reason or another. We might have needed tailors, watchmakers, carpenters, machinists, or artisans of some skill. They came in droves and they enhanced the nation while assimilating to its unique form of liberty.
During WWII, everyone was involved in the war effort. Those craftsmen who had previously migrated became an integral part of the manufacturing base. Singer Sewing Machine company, located in Elizabeth, NJ, was the beneficiary of German machinists who had migrated years before. Singer was given a contract to manufacture the 1911 pistol. When Singer delivered its first run of 1911’s, the U.S. government told them to stop building the pistol. The quality of the firearm was so high that the government then gave them a contract to build the Norden Bombsight. Those German migrants made a huge contribution to the country, from which they sought a new life.
People migrated from different countries at different times because there were opportunities to perform their unique talents unencumbered by rules and regulations set down by public officials who believed they were the ultimate authority. Governments around the world controlled your way of life in a manner that trespassed on personal freedom. Not so in the U.S. where liberty, property rights, and popular sovereignty were the way of life. Ellis Island was the gateway for a new life that is still unique to this day.
For years now, our welcoming of immigrants has been used to form a method of division. Did you, your parents, or grandparents come here to be an immigrant? Perhaps you came here because the country in which you had lived prevented you from some of those things that were most natural to the human spirit. In that light, I would hope that you came here to become a citizen. Maybe it was your intent to take whatever wealth could be had in a nation where productivity was greatly rewarded as many who currently invade the country have planned.
Did you come here to experience and promote the American character of individual liberty? If that be the case, then why bring the mindset of a serf who is subject to a master who has no right to be your better? Is the idea of liberty so abhorrent to you that you would look to saddle the existing population with your illogical clamor for an overseer? Perhaps it is your intent to sap the wealth of the existing population and then saddle them with oppression. Be mindful of your actions today, for they are the seeds of tomorrow.
The legal system, and I say legal because it is no longer a system of law, but rather a means by which the elite subjugate the lower classes. It is everything for which the Founders warned, and the Framers of the Constitution made preparation. Under the guise of what some perceive as good social order, the courts have subscribed to the false narrative that they have some imaginary power to interpret and bend the Constitution to their way of thinking. Given any more latitude, the courts will put the final nail in the coffin.
In addition to the disgraceful conduct regarding the 2020 election, the supreme court has given a pass to such despicable people as Hillary Clinton, Joe and Hunter Biden, Maxine Waters, as the list of law breakers goes on. If we are going to be honest, our system of law is in decay. It is systemically bad, a term for which the left should be familiar. What we call law and order has become an agenda driven tool of propaganda. A certain group, those who I believe are tied to China, are given a pass as they commit heinous acts against the Republic.
We seem to forget that justice in this nation was based on a harm perpetrated by one against a victim who could bring his case forward to a Grand Jury to seek remedy. It was not categorized, codified to different degrees, and then made subject to the definitions created by those who were not involved. It was the subject of investigation by “We the People” who would necessarily indict, and subsequently cast a verdict and define remedy. In today’s system, the victim does not receive relief, and in some cases that victim may be the subject of prosecution by a zealous prosecutor who does not believe that you and I have a right to defend our family, lives, or property.
And what of this obvious bias coming out of agencies with supposed constitutional power to enforce the law? It exists for an amazingly simple reason, ignorance of the law. That ignorance is in part created by an abysmal failing to uphold the Constitution. While those at the top take advantage by reshaping the Law into a propaganda tool, “We the People”, who are the author and source of the Law have abdicated our responsibility to enforce it, or sadly enough, make any attempt to comprehend the rule.
An intensely disturbing aspect of the failure to comprehend comes from the community of those who claim to be patriots and supporters of the right to keep and bear arms. I recently posted an article by Dr. Edwin Vieira, and a couple of my own to a “gun” forum. While I have suspected that the topic has been distorted to a point of no return, I had a moment of enlightenment. An awakening so to speak.
Before going further, I am going to make a comparison that all so-called pro-second people should understand. In the United States of America, Militia has a lawful definition in history, statute, and ultimately the Constitution. “The signification attributed to the term Militia appears from the debates in the Convention, the history and legislation of Colonies and States, and the writings of approved commentators. These show plainly enough that the Militia comprised all males physically capable of acting in concert for the common defense. “A body of citizens enrolled for military discipline.” And further, that ordinarily, when called for service these men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time.” This comes directly from United States v. Miller, 307 U.S. 174 (1939)
If one were to read the debates, and “the history and legislation of Colonies and States” one would find that Militia was not defined as a group of men who just happened to come together, but rather an organized, armed, and disciplined assemblage of “able-bodied men” bearing arms they themselves supplied. They operated by statute and were recognized as an authority, a power that the Framers carried into the new Republic operating under the Constitution.
The term Militia appears four times in the original Constitution, and twice in the Bill of Rights. In 1792, the U.S. Congress passed the first Militia Act, and revised it in February of 1795 to read 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, by the proper non-commissioned Officer of the company, by whom such notice may be proved.” I will note that in 1861 the act was revised so that “white male” was struck from the record.
Between 1939, and what the so-called pro-second community now insists on ignoring, something tragic happened. JFK, RFK, and MLK were assassinated, and the 1968 Gun Control Act was passed. Having no apparent education, or for that matter any desire to protect the duty to keep and bear arms as the Constitution commands, the NRA came up with the inept, at best, “individual right theory”. The theory exbibits monumental cowardice and corruption, not to mention the fact that it gives all those who would never come to the defense of the nation an out. Indeed, it promotes a myriad of excuses to lose the right, all our rights by putting the blame on someone or something else.
In his Miller decision, Justice McReynolds wrote “With obvious purpose to assure the continuation and render possible the effectiveness of [Militia], the declaration and guarantee of the Second Amendment were made. It must be interpreted and applied with that end in view.”. Long before the “individual right theory” was created, the supreme court had already clearly stated that the objective of those who ratified the Constitution was to “continu[e] and render possible the effectiveness” of the militia recognized as a force of law.
Along with the evident need to fulfill the duty commanded in the original Constitution came the requirement “to appear bearing arms supplied by themselves and of the kind in common use at the time.”. Here is where the need to understand that the opinion must be read in its entirety. Justice McReynolds notes, by reading the words of Founders, that all able-bodied men are required to purchase, and maintain whatever weapon is in common use. In 1795 it would have been a flintlock. In 1861 a musket, revolver, or if you were fortunate enough one of those Henry rifles. In 1903 a Springfield Model, an M1 Garand around the time of WWII, and today, an M4 or M16.
At issue before the court in 1939 was whether a sawed-off shotgun was in common use for the efficiency of “the Militia of the several States”. The justice wrote “In the absence of any evidence tending to show that possession or use of a “shotgun having a barrel of less than eighteen inches in length” at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument. Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment, or that its use could contribute to the common defense.”. Aymette v. State, 2 Humphreys (Tenn.) 154, 158.
In 1939, there was no use of a sawed off shotgun in the military. That came some years later, but you must note that the justice said, “at this time”. He did not say now and forever, nor did he claim that a regulation could be imposed on weapons “in common use at the time.” Had he done so, he would not only have contradicted himself but “the history and legislation of Colonies and States, and the writings of approved commentators”, upon which he relied to draw his conclusion.
Unfortunately, as with so many cases, the public fails to read and understand the decision in its complete context. To complicate matters, most of the legal profession does not seem capable of comprehending the dynamic of the Constitution and the ability to grasp the rules of reading. Every word is to be considered in the context of the complete sentence, and every sentence in the context of the paragraph formed. This is clearly the case regarding the second, and the refusal to realize that the first Thirteen words give us the purpose of the amendment. And that is precisely what Justice McReynolds opined.
There is a much darker side to the right to keep and bear arms. First, the subject matter has been corrupted by both sides of the argument. Those who are opposed to an armed citizenry ignore the fact that the original Constitution commands that there be a mandatory Militia, as defined in the statutes, and that there must be a free, unencumbered, and unregulated market for the purchase and upkeep of weapons “in common use at th[is] time.” Those who claim to be patriots will use any term, any misguided statement, any distortion of law, and a complete disdain for all the words in the Constitution to attain some mysterious goal. Like those who oppose the right to keep and bear arms, those who claim to embrace it share the mindset that someone else should bear the burden of protecting liberty. For those who oppose the right, they want some government official to take the responsibility. For those who claim to be for the right, I can honestly say that I do not know what they believe. For that matter, I am not sure that they themselves have an inkling of the construction of the second amendment and the duty commanded by the Constitution.
Amid all the turmoil chaos and ignorance reigns. There is confusion that has been promoted by fear and propaganda. In what appears to be a futile attempt to educate, I have come to an awakening. I have questioned throughout the process as to what it is that I have left out of the narrative? Surely, quoting those who wrote the law, the law itself, and the many court decisions should strike a chord? The words, thoughts, and logic employed by our Founders who called on the light of history to guide them appear as nothing more than dark shadows instead of pearls of wisdom and warning.
The law, as it was intended, has been turned around in a whirlwind of deceit. Those who hold on to the foolish notion that they are supporters of the second amendment, they completely ignore the first Thirteen words of the amendment that detail its purpose and objective: “A well regulated militia being necessary to the security of a free State…”
Through all the words on this page, there are none more poignant than the first Thirteen words of the second amendment because they define what we seek to protect, and they tell us the lawful means by which we are to defend.
However, I have come to realize that the propaganda surrounding the term Militia has been so demonized by dark forces imbued in our system that the lawful body of the people as the Founders knew and understood has become another vassal for the destruction of America.
Recently, I was admonished by a commenter of a “gun forum” for trying to raise a militia on a public forum. I was rebuked behind an article I posted by Dr. Edwin Vieira, jr., a man I consider to be the foremost authority on the duty and the right to keep and bear arms. In the article, Dr. Vieira wrote, “Finally, “the individual right” is a right of an ordinary private citizen, asserting personal interests, not a right of a member of a governmental establishment, exercising governmental authority. This enables “gun controllers” to portray “gun control” as a policy proposed in the public interest, and to berate those Americans who oppose “gun control” as “anti-government extremists” acting against the general welfare.”.
Long before I was born into this world Justice Matthews, writing for the court, penned the words, “in our system, while sovereign powers are delegated to agencies of government, sovereignty itself, remains with the people, by whom and for whom government exists and acts.”. We act today as if those words are incomprehensible, and that the means of enforcing our sovereignty were never considered by those who debated and ratified the Constitution.
The U.S. Constitution, and that of the several states, recognized a lawful Militia that is defined in the historical and legislative record. That Militia is a lawful body with authority and power recognized in law. It is not the Michigan militia, nor any of the other groups that claim such status. Those groups have no lawful authority. They are pretenders, perverting the rule of law, and lending confusion to the debate for the right to keep and bear arms. They are not recognized through any legal process and lack any of the established power that is an accepted part of our law. This is not Somalia, nor Afghanistan where groups of men take up arms and they are labeled as militia. In this nation, the term Militia references a lawful authority that operates according to statute and was made a permanent fixture in the rule of law so that “We the People” had the ultimate power to control rogue “public officials”.
It is beyond my comprehension as to what is allowed in our schools. Reason and logic have been abandoned for some mindset that disregards what is clearly written and backed by the words of those who wrote the Constitution. In today’s world, those who claim to be patriots simply add acrimony to a debate lacking substance. There is no right, there are no rights without the venue and force “necessary to the security of a free State”.
It is delusion and ignorance that fuels an argument that should have been settled long ago and done so within the proper powers cited in our rule of law.