On the Surface it Looks Good: Or Who is the Ultimate Authority?

The story of the rich young ruler is an episode in the life of Christ.  The rich young ruler comes to Jesus to ask what he might lack in order to receive eternal life, since he had kept all the commandments from his youth.  Jesus’ response is to go and sell all he has and give to the poor.  The point being that the young man, even though he had kept all commandments, was short on one key ingredient that was a heart issue in which he held his riches just a little closer to his heart than his concern for the things of God.

While our Illinois sheriffs have made huge steps in the right direction, in my opinion they lack one key ingredient.  It has to do with the recent statement of the Illinois sheriff’s association: 

“Rule of Law. Sheriffs recognize the rule of law in the United States in which the Supreme Court and lower courts are the ultimate authority in determining the constitutionality of any law.”

Are some rights more equal than others?

Sometimes the concepts of Liberty are just too simple to comprehend easily.  That is almost an oxymoron phrase.  We have been indoctrinated with the implications for so long in our schools that our rights come from the Constitution.  However the very simple truth is that they are a gift from our Creator, Higher Power, by right of birth, by the fact that we are born, etc.  Whichever one works for you will work for the thoughts expressed here.  

I recently ran across an article that really gave me another perspective that I thought I would share.  The Bill of Rights (BOR) describes or enumerates a number of very important rights that are essential to a free people.  The author made it clear that no one expressed right was of a higher value than another.  For example when the question, “Why would anyone need more than 10 rounds to hunt with?” would then become “Why would anyone need more than 10 books?” or “Why would anyone need more than 10 bibles?” or “Why would anyone need more than 10 letters to the editor?” or “Why would any one town need more than one newspaper or church?”

The Might of the State Does Not Make Right

In a truly free country, such as ours has been, the government gains its power from the consent of the governed.  The governed is We the People.  When the People have made it clear that there are laws that get no respect from the People and further they are unconstitutional then it is time for the law to go.  In the case of Illinois we have a number of those laws, especially the gun laws. 

Now there are several ways to make these laws go away, or at least have their effect neutralized.  Let’s take a look at some of the ways.  They can be repealed by the legislature.  That isn’t going to happen anytime soon because the Chicago Machine rules with no consideration for the Constitution.  Another way is for State’s Attorneys and law enforcement officials to refuse to enforce unconstitutional law.  A third way is for sitting juries to refuse to convict when in their opinion they feel the law is not good.

Bureau of “Public Safety Law” Injury Prevention to the Rescue

“Public safety” as pushed by the legislature is to prevent some type of injury to the public and individuals.  Thousands of laws are passed supposedly to improve public safety.  Another aspect has occurred to me, we might benefit more by a Bureau of “Public Safety Law” Injury Prevention.

 

Perhaps we could discuss the great harm caused through financial and mental distress that occurred to some of our local business people by the OSHA in the last year or so.  While no injury occurred to persons or property from supposed dangers to persons or property by violating some OSHA regulations, an injury nevertheless occurred to the local businesses and owners.  In one case I am familiar with, a window was being repaired by a worker elevated on a forklift with no safety restraint, no surrounding safety guards or bars, and further there was no safety meeting with a supervisor to plan the repair of this little pane of glass.

Of course there was no discussion about the financial injury caused by the insistence of having a safety meeting with supervisor and machine operator and worker in a two person company.  All of which would have turned a $75 dollar job into a $250 plus job.  All of this would cause an additional injury to the customer by having to pay the added expense.  Perhaps if the true cost was known in advance the customer would have elected to do the job himself costing the glazier the injury of lost business and the community the injury of a loss of the economic activity.  Perhaps the nonprofessional customer would have been more susceptible to physical injury due to his lack of expertise in glazing repair.

Or what about the physical harm caused to a public who is prevented from providing their own personal protection by carrying a weapon of their choice.  Somehow government deems it too expensive to provide personal police protection for all the individuals as they go about their daily activities, but then turn around a say that you cannot protect yourself unless, for example, you use a nail file, or try to vomit on an offender (advice to women being raped from the ISP website at one time) among other ignorant suggestions.  You cannot have a cop with you all the time, yet the public will be injured by being arrested and charged by police and the prosecutor if we carry a truly equalizing weapon.

I am sure that the stories are endless of the injuries caused by so called government safety programs.  While I think the intent is good, what happens is that the bureaucracy loses common sense in its mindless attention to the letter of the law while ignoring the spirit of the law.  You cannot expect a bureaucrat charged with enforcement to ignore the letter.  His job depends on finding issues that justify his paycheck and his pension.  How many businesses leave a little flaw somewhere, like a dirty sink, just so the inspector will have something to write up.  Yep, it happens.

Our Founders instituted a method to solve issues of negligent behavior, that is called a justice system.  The Good Book makes it clear that the one who is responsible for the injury covers the cost (Exodus 21).  If there is a repeat negligent injury the penalty goes up substantially.  We have recourse to settle for an injury to our person or property by another person.  If the government injures via its Public Safety Agencies, just try and collect against an agency with an unlimited budget for legal fees.  Now you’re talking serious injury.  For that injury we need the new Bureau of “Public Safety Law” Injury Prevention.  Just in case a legislator is reading this please don’t take the suggestion of this new bureau seriously.  One more bureau really won’t help.  I am just trying to make a point.

Thanks for the comments, keep them coming.  If you would like to correspond with me on this contact me at: editorial@pike912.org or leave a message at 217-285-2134, or follow my blog at: pike912.blogspot.com.

Is Public Saftey Important?

I enjoy getting comments on my writing.  Two people called for clarification on my letter last week; they followed the theme, “Is any public safety important?”  My comments could have been taken to mean no attention to public safety is necessary.  That isn’t what I meant.  So let’s take this apart a little more.

What did the Pilgrims move to America for?  Was it for: better streets, better neighborhoods, safer environment, better working condition laws, improved sewer system, better police protection, etc?   No, they moved to no streets, an unsafe neighborhood, maybe environmentally safer if you don’t count wild Indians and wild animals, worse working conditions, no sewer system, no police protection.  So what did the Pilgrims value above public safety?  The answer is Liberty.

They moved to a distinctly risky environment, with no public (governmental) amenities or services.  They moved from an area of increased public safety and tyranny, but minimal Liberty, to an area of substantially greater risk for something we call Liberty.  The Pilgrims cherished Liberty above all of the previously stated government ‘services.’ 

Our Founders did not fight a war for independence for the purpose of gaining increased public safety; they fought a bloody war for increased Liberty.  What we find as we delegate more and more importance to a host of bureaus to increase public safety and security is that each one removes one more piece of Liberty.  So where does it end?

This week in the news we find a school in Florida is contemplating putting in cameras to see if students throw away their veggies in the school lunch program.  At what point will the powers that be decide to penalize adults if they eat too much of the wrong food, like say pizza, and not enough broccoli?  With the advent of Obamacare the government now has a vested interest in seeing what you eat, how much you eat and whether or not we are in full compliance with the recommended daily hygiene list. 

Thomas Jefferson said it best, “that government governs best that governs least.”  So what government services are absolutely essential?  Do I want to do without peace officers?  Well no, not really.  What about OSHA?  All I can say is Liberty has an element of risk.  Do I need government inspections to see if my business is clean enough for its intended purpose?  No, the public will determine that.  The People will vote with their dollars by taking them elsewhere, if my business doesn’t suit them.  If your eating establishment is filthy, don’t count on me eating there. 

A few weeks ago my son was badly injured in a horse accident.  He was transported to the hospital for emergency treatment and examination.  His pain was so great that morphine was administered for the pain.  However inadvertently the amount of morphine he was given was well in excess of what should have been given.  He became violently sick and was sick for several days from the overdose.  Now I don’t say that we should “outlaw” morphine, I would recommend that the overdose be corrected to an amount that is beneficial without harming the patient.  Another example is Warfarin or “rat poison,” administered in judicious amounts it can be beneficial.

The same is true for what I have called “Governmenticin.”  A judicious level can be good, too much and you have an overdose.  I say that we currently have an overdose in our country of Governmenticin.  That overdose is producing a very sick economy and a culture of people who have become dependent or addicted to Governmenticin and are very ill economically and/or socially because of it.

Thanks for the comments, keep them coming.  If you would like to correspond with me on this contact me at: editorial@pike912.org or leave a message at 217-285-2134, or follow my blog at: pike912.blogspot.com.

Take a Stand!

Amazing!  There are some individuals in government who will take a stand from time to time.  It takes a tremendous amount of courage to stand in the face the status quo and choose to say, “I will not enforce unconstitutional law against otherwise law abiding citizens.”  This is what State’sAttorneys (SA) Ron Dozier from McLean County, and Mike Valentine,Edwards, County, Illinois, have chosen to do (Press Release).  

Dozier clearly stated that,

"Every SA is expected to prosecute persons who violate the criminal laws of the State of Illinois within his or her jurisdiction. However, there are literally thousands of criminal laws on the books, ranging in seriousness from extremely minor to extremely serious. Because of both budgetary and time limits, every SA must set priorities on which cases to prosecute and which to not prosecute. The pursuit of a just result and the wise use of taxpayer dollars are major factors in setting those priorities."

He also quoted: 

“The duty of a public prosecutor is to seek justice, not merely to convict.” [Illinois Rules of Professional Conduct, Rule 3.8. See also Berger v. U.S., 295 U.S. 78, 55 S.C. 629, U.S. Supreme Court, 1935]

and,

“The SA is not merely a ministerial officer but is vested with a large measure of discretion. In the exercise of that discretion, he has the responsibility of determining what offense should be charged.” [Marcisz v. Marcisz, 65 Ill.2d 206, Illinois Supreme Court, 1976]

The Chicago Machine continues to stick its finger in the face of the Supreme Court and continues to rule Illinois with an Iron Fist against the wishes and rights of most Illinoisans.  The elected State officials have the choice as to whether they are going to enforce these blatantly unconstitutional laws.  Mr. Dozier's comment was, "So far, the City of Chicago and the State have done everything possible to defy, obfuscate and ignore the Court’s substantive rulings."

As I have quoted many times, "... the right of the People to Keep and Bear arms SHALL NOT BE INFRINGED."  Need any more be said than that?  It is time to confront present office holders and those running for office and ask them, “what part of SHALL NOT BE INFRINGED do you not understand?  Are you going to support these words on their face as intended by the Founders, and as made clear by the highest court in the land?”

Mr. Dozier also implied that cases will always require specific review on a case by case basis, but that otherwise law abiding citizens will not be prosecuted.  Another statement that is particularly poignant, "We are the only State to have a draconian FOID law that makes criminals out of ordinary citizens who have done nothing wrong except exercise their constitutional right to own a gun."

Dozier goes on to make it clear that, "Our message is this: we will no longer use the power and authority of our office to criminalize and punish decent, otherwise law-abiding citizens who choose to exercise the rights granted to them by the Second Amendment of the United States’ Constitution to keep and bear arms in defense of themselves and their families." [Emphasis in original]

He encourages other SAs to join with him in returning our state to founding principles.  I personally applaud his effort.  It is time that We the People remove ‘offending’ (nice term) SAs across this state from their offices and replace them with people who realize their oath of office is to first and foremost, to uphold the constitutions of the United States and Illinois and to provide a frame work for justice, not just convictions.

These men and women and can help to bring justice to Illinois by neutering the Chicago Machine as they try to rule from their high rise ivory towers.  One article stated that Chicago, even with its draconian gun laws, now has the dubious distinction of being the “Murder Capital” of the world.  The Huffington Post had a recent article claiming that Chicago homicides outnumber troop killings in Afghanistan.  All these numerous gun laws have done is cause the law abiding citizen to be helpless sheep with the wolves preying on the flock.  The nice thing about it, if you are a ruler you can take training and carry.  The rulers definitely have it figured out!

So my solution is to ask the not so hard questions;

1. Will you join with other SAs and not prosecute otherwise law abiding citizens for gun laws which defy the constitution, such as FOID and carrying in public?
2. Will you go on record with your answers?

That shouldn’t take too much courage, after all someone else is already leading the way, all the other SAs have to do is get on board the train and win by sheer numbers.  That does not stop them from evaluating on a case by case basis, but at least it shows you will take a stand and that your heart is in the right place.

If you would like to correspond with me on this contact me at: editorial@pike912.org or leave a message at 217-285-2134, or follow my blog at: pike912.blogspot.com.

Judges are human too...

Judges are human too, subject to prejudice, mistakes and flaws of the human condition.  Well taking it a step further, have you ever wondered if the Supreme Court (SCOTUS) could get it wrong?  Well wonder no more.  The case known as the Dred Scott decision has been studied for years by both the law school types and by those of us who have a nonprofessional vested interest in preserving Liberty.  It is called the learning process.  You fall down, you get back up.  You make a mistake, you fix it.

SCOTUS issued a ruling in 1857 that forever changed the course of human history.  The Court ruled that states that outlawed slavery could not forbid slaveowners from bringing slaves into their states, the so called Free States, and holding them as slaves there. Chief Justice Roger B. Taney wrote that blacks were,

“beings of an inferior order, and altogether unfit to associate with the white race, either in social or political relations, and so far inferior that they had no rights which the white man was bound to respect.”

One has to wonder at what point the Feds feel that, in their so called superior wisdom (more like educated idiots), they can rule over the People and expect to win long term.  Their hope obviously, would appear to be that they can keep their legislative agenda alive long enough the People will get hooked and fully dependent on “Free Health Care.” 

I received a comment the other day online from someone who stated, “All I know is “it” (Obamatax) will benefit me.  My comment was, “the Signers (of the Declaration of Independence) pledged their lives, their fortunes and their sacred Honor, to help us escape the tyranny of King George.  Can we do less?  Or will we go for short term benefit of a “free” trip to the doctor.

Our men and women who serve aren’t out there to preserve your “free” trip to the doctor; they are out there to preserve your ability to choose.  I have stated previously that a free man has choices; a slave has no choice but to do that which the “massa” bids.  Will the military become the tool to enforce the “massa’s” bidding?  The very essence of Liberty must include the ability to make a choice, even if it is a destructive choice to you personally.  It has very little to do with safety and security.  If you want to sample safety and security at its finest and most intense, try jail.

I resort once again to the eloquence of one of the Founder’s, Patrick Henry, when he said, “Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined.”

If you would like to correspond with me on this contact me at:  editorial@pike912.org or leave a message at 217-285-2134, or follow my blog at: pike912.blogspot.com.

Natural Rights – Natural Limits

     Natural rights or what is called fundamental rights sometime seem like big terms that are difficult to understand.  In essence a natural right is a right that comes as a part of being human.  Without these natural rights you would potentially be a slave to anyone who was strong enough to take them away.  An example of a natural right is, let’s say, the right to breathe.  Obviously without the right to breathe you could not exist.  Where did the right come from? Well it came with birth, and I prefer to say, from God, or our Creator, some would say, Universal Intelligence.  Regardless of where you might think it comes from our Founding Fathers (FFs) would say these “natural rights” exist. 

     The FFs recognized that certain rights are extremely important to be able to preserve liberty.  Therefore they “enumerated” certain of these rights as being key to maintaining liberty.  Hence the “Bill of Rights” came about.  The “enumerated rights” included the right to: free speech, free press, free exercise of religion, keep and bear arms, be secure in our persons, houses, effects from unreasonable searches and seizures, to name a few.

     The 2^nd Amendment secured the right to keep and bear arms (RKBA), in defense of oneself, one’s family, friends, property and country, is considered by many to be the “First Freedom.”  Without this key natural right all other rights could be seized by a stronger party, usually in the form of government.  I always appreciate Jack McLamb’s (most highly decorated police officer in Phoenix, Arizona) phrase in which he states, “When tyranny comes to your door, it will be dressed in a uniform.”  The founders clearly stated that a standing army is to be feared.

     Recognizing this, the FFs instituted the Bill of Rights.  Some key rights are free speech, free press, and free exercise of personal conscience and it has been said that the pen is mightier than the sword.  However if the politeness of free: expression, press, conscience, and appeals to reason, do not have the desired effect in deterring tyranny, then one must, as in the case of the American Revolution, be prepared to use the sword.

     It is inconceivable to me that the FFs would somehow say you must get permission of the government that was trying to disarm them by seizing, disarming and destroying the ability of the American’s to make their own gun powder, arms and munitions.  I guarantee you the founders didn’t write the 2A to preserve a sporting purpose.  These people were all about preserving their liberty against a tyrannical government.

Earlier I mentioned “enumerated rights.”  There are many other natural or fundamental rights which are not listed referred to as “un-enumerated" or rights retained.  Some examples of these rights would be the right to: travel, marry, procreate, work and earn income, accumulate property, breathe, etc. 

     Now these natural or fundamental rights should not be confused with the false, or government created rights, or what are referred to sometimes as civil or legislated rights.  These so called rights are created and granted by government and you will recognize them as the right to an education, right to a home, right to a living wage, right to a job, right to “free” healthcare.  Here is how you can tell the pseudorights (pseudo = false) from the natural, God given rights.  If the government grants it, the government can take it away.  If the government pays for it, it took the money from someone else to give to another.  Not so with natural rights.  You are born with the natural right to: seek an education; seek a job; business, or profession; seek healthcare, etc. 

     You have a right to live free, and to the results of a substantial portion of the proceeds of your endeavors.  You have no right to any portion of the life or labor of another. 

You cannot have a good conversation about natural or fundamental rights without mentioning responsibilities.  Each of these natural rights generally has some responsibility attached to it.  An example would be you cannot yell, FIRE! in a crowded theater just to watch people get trampled.  You cannot exercise freedom of the press by telling falsehoods about someone.  You cannot sacrifice your child to the Sun god in a religious ceremony, because you would be stealing the child’s natural right to life.  You cannot exercise your RKBA by brandishing your weapon causing endangerment to those around you.  Each and every natural right has a natural limit.  All natural rights have natural limits which start when you interfere with someone else’s natural rights.

     Normal people do not require a nanny state to explain those limits.  The people who are responsible don’t need it explained and those who are criminal won’t care.  Consequently we do not need permission from the government to keep and bear arms.  Only the law abiding will obey the unconstitutional laws.  The criminals are not going to ask permission from the government to keep and bear arms. Your comments can be directed to: carry@pike912.org.