Shall Not Be Infringed, Means Shall Not Be Infringed!

A friend recently wrote an article that rubbed many in the gun culture the wrong way.  I have to include myself among them.  The implication was that regulation of fundamental rights has always been constitutional and always will be.  He further indicated that the phrase, “A well ‘regulated’ milita…” referred to the ability of lawmakers to regulate this fundamental right in particular.

I strongly disagree.  In the US Supreme Court (SCOTUS) known as D.C. v. Heller, the justices made it clear that the phrase has nothing to do with the operative clause, “the right of the people to keep and bear arms shall not be infringed.”  A study of the term “regulated” as referred to in that day and time referred to equipment that each person was to be able to bring if the militia was called out.

We must never forget that a fundamental right pre-exists the constitution and the founding of this country.  Rights are “endowed by our Creator.”  History has shown repeatedly that certain rights are more likely to be regulated/restricted/infringed than others.  Those are the rights that governments fear the most.  These include, right to self defense, free speech, free exercise of religion, free press, free assembly etc.  The reason governments detest and fear the free exercise of these rights is because the People use these methods to rein in the governments that are out of control.

If the government can put a test on the exercise of these rights then the government can effectively eliminate and reserve these rights to itself.  So what can the government regulate justifiably?  We need to understand the purpose of laws that our founders set up.  The purpose was to provide of frame work for justice.  We need a method to determine injury.  If I exercise my right to free speech by slandering my neighbor we can have a law with reasonable penalties assigned against the offender.  We cannot have a law that says you cannot speak.

Thoughts on Unions...

Unions.  So much controversy.  My thoughts may surprise many people.  Love’em, hate’em they are with us to stay.  That can be a good thing.

Unions gained a strong foothold from tremendous abuse by employers in the early coal miner days that brought about Tennessee ErnieFord’s famous song, “16 ton and what’a you get? Another day older and deeper in debt, St. Peter I can't go, I owe my soul to the company store.”  Working conditions were extremely dangerous, a living wage was non-existent, and a whole host of other issues were present.  Born out of this abuse from too strong an employer the unions finally came into being. 

If the unions disappeared completely then I have no doubt similar conditions would return in some cases.  Hence the love-hate relationship continues.  The problem to me appears to be most acute if one or the other becomes too powerful and then abuses its power.

Negotiations should have a goal to achieve a win win final outcome, not a win lose.  I think this can best be done if all union members would participate more closely in the process.  I would encourage all that have a direct interest on the employer side to have some say and direct knowledge in the process also.  I realize this can be difficult to do, but I think this will bring better outcomes for all.

Response to letters…in Pike newspapers

Normally I do not get into “shooting” matches with letters to the editor. However, I would like to take a moment to respond to some letters in last week’s papers.

The first item; it was stated that our Federal government and by implication Pike County as well is “run by the Tea Party.” The Tea Party concept stands for no nanny state. In other words there is no one better able to manage your business than you. To prove that the Federal government is not run by the so called Tea Party movement we saw the President maintained his Obamacare in the face of intense Tea Party opposition. If the Tea Partiers were “running” things I can assure you there would be no Obamacare.

As to Pike being run by the Tea Party – I am the only active Tea Party board member, and you can bet on one thing, I do not run this board. This board is composed of an intelligent, dedicated, and independent group who care about the welfare of our county. They come from different walks of life and represent a whole variety of folks. We have some philosophical differences, but remain committed to the well being of the citizens and we each one understand that our first charge is from the declaration of independence, and that is to secure the fundamental rights of the People first and foremost.  As to the massive pay increase to the board members – we have gone from the old IRS mileage allowance of 46 cents to 56 cents. I now get 30 cents more per meeting. I will try not to spend that all in one place. My understanding is that no pay increase has been made in board member per meeting charge since 1992.

Next there was a policy of no pay for more than one meeting per day. That has changed to per meeting period. After we have had multiple meetings with labor negotiations and other important issues the time was getting to be an issue, and it did not seem like too much to at least get paid per meeting. We could schedule them on different days and get paid and no one would fuss.

The final straw seemed to be when we went to a meeting at 5PM, immediately followed by another at 6PM that went till midnight with a labor negotiation. There was no supper break, just hard at it serious back and forth discussion. That was seven hours uninterrupted of meetings. I am not sure if my union friend would go to his job and work 7 straight hours for $40 bucks or not. Somehow I don’t think so. Now it is important to realize that many of the board members are handling items during other times, such as calls to the labor board, or insurance companies or meeting with department heads. I have traveled to Nebo several times and north of Baylis and have welcomed phone calls to listen to citizen concerns. I have traveled to homes to talk with folks about their issues. These are not paid hours or miles. Michael Boren out of love for the unique architecture and history of our court house has spent many unpaid hours supervising and checking concerns expressed by custodial staff. Justin Noble has spent countless unpaid hours trying to resolve the labor issues, meanwhile getting to work at his job at 3 or 4 in the morning. He has also missed many of his son’s ball games. Harry Wright grits his teeth and makes it to many meetings and various places in the county, in spite of severe physical handicaps. Andy Borrowman makes it to nearly every meeting, many without pay. This doesn’t count many hours on the phone and responding to emails. I could go on about the many hours Jim Sheppard has spent on the budget and Cleve Curry on Public safety and the ambulance projects, and Tami Webel traveling and meeting with people and visiting projects for the economic development ‐ all of these and many more for no remuneration. Fred Bradshaw with serious medical concerns meeting with road and bridge and economic development needs outside of paid meetings.

I will be the first to admit I had no clue about the true responsibilities we take on when we choose to run for the office of Pike County Board member. I am not complaining, however I think it is important for the public to have a better idea about just what goes on. If you think the board is in it for the money you should think again.

Further, we the board, live under constant fear that we will inadvertently say something technically inappropriate that will give so called cause to initiate some type of labor dispute. We have to hire attorneys who can speak for us since we do not understand all the lingo and word meanings that could easily be misinterpreted then subsequently lead to a grievance.”

I hope this helps all to understand a little bit more about the tasks and responsibilities that go with the position of Pike County board member. Everyone on this board welcomes inquiries as to what is going on with our local government. We would request that you try to reach us and let us get back to you when we are able to have time to discuss your concerns. I should state that the opinions and thoughts and observations expressed here are my own and in no way reflect any official board opinion.

Score One More for Liberty!

Monday, September 30, 2013
In a recent 7‐0 decision the Illinois Supreme Court came out with an epic decision that may reverberate
throughout the 50 states. The facts were that Aguilar, a 17 year old youth, had a loaded gun in his
possession on property that did not belong to him and underage possession. The gun was loaded and
not in a case.

Aguilar was in violation of Illinois state law known as the “Unlawful Use of Weapons” (UUW) and
“Aggravated Unlawful Use of Weapons” (AUUW). The trial court found him guilty of the offense of
possession by a minor of a concealable firearm and possessing a firearm outside his place of abode.

The appellate court concurred, hence the appeal to the Illinois Supreme Court.  The Illinois Supreme Court (ISP) made it clear that the UUW and AUUW “amounts to a wholesale statutory ban on the exercise of a personal right that is specifically named in and guaranteed by the United States Constitution … In no other context would we permit this, and we will not permit it here
either.”

While this decision is concise, simple and clear despite the court declining to address all the historical
facts that give this decision its basis, neither did the court go into detail on the meaning of the simple
phrase, “shall not be infringed.” The court did not discuss the FOID card infringement that is clearly
unconstitutional as well in my opinion. Typically the courts will not expand a case to other portions of
law that are not specifically addressed in a suit that comes before the court. Consequently I can
understand why they did not address it.

A Dark and Desperate Hour

This is the text of my address to the Pike County Board
June 24, 2013
Dan A. Mefford, D.C.

Little did the preacher know yesterday I would borrow part of his text for my introduction remarks this evening?  Pastor took part of his text from this verse in Galatians:  It is for freedom that Christ has set us free.  Stand firm then and do not let yourselves be burdened again by a yoke of slavery.

Let me repeat that:  Stand firm then and do not let yourselves be burdened again by a yoke of slavery.  This a directive to the people, “…do not let yourselves be burdened again by a yoke of slavery!  The people are directed to participate in their own freedom.

Let me tell a very short story. 

On Christmas Day 1776 George Washington was desperate.  That year had been the darkest in American history. He had just endured a whole chain of military disasters. The morale of his remaining army, starving and freezing, was very low; hundreds desert during the night. He is down to 2,400 troops. At least one-third have no shoes and wrap their feet in burlap during the all night march, leaving a trail of blood in the snow as a sudden and fierce northeast storm engulfs his Continentals. It all has come to this; facing impossible odds the American Revolution is down to one last desperate attempt to succeed.

Listen to Washington’s own words on this night: 

“The reflection upon my situation and that of this army produces many an uneasy hour when all around me are wrapped in sleep.  Few people know the predicament we are in.” (G. Washington)

Washington goes on to lead a tremendous surprise attack with his men, many with no shoes and bleeding feet on a cold stormy Christmas night crossing a dark icy river. 

A few weeks ago at our March meeting this body considered the Self Defense and Firearms Freedom ordinance for the first time.  I mentioned that in my opinion our country and our state was indeed at a time in its history when we were at a dark and desperate hour.  I further mentioned a number of reasons why I said that, primarily the travesty of national healthcare run by the IRS and not by, for instance, the Center for Disease Control.  I mentioned federal agencies arming themselves with enough rounds of hollow point ammunition to last over 20 years if the agencies burned up ammo at the same rate as the height of the Afghanistan war.

The Founders' Dilemma

A dilemma is a situation in which one is faced with two or more unhappy choices.  The Founders were faced with just such a choice.  Sign the declaration and become traitors and virtually sign their own death warrant or live life under the thumb of a cruel king/dictator. 

According to Dr. Benjamin Rush, one of the signers, a “pensive and awful silence pervaded the house as we were called up, one after another, to the table of the President of Congress,” Rush said, to sign “what was believed by many at that time to be our own death warrants.”**  There was no high fiving celebration taking place.  There was no hoisting of the mug to heartily thumb the proverbial nose at King George.

Many of the Founders lost family, property and some their lives in the cause of Liberty after that fateful day.  Some were subjected to cruel torture and abuse in British prisons.  Today we find ourselves in a situation in Pike County locked in our own “battles” against primarily a Chicago Machine ruler and federal government that is determined to rule over every aspect of our lives.  New York City is even worse in that the Mayor thinks he is so intelligent that the people he ‘rules’ need him to save them from themselves by deciding even how much soda they can have in one cup.  We don't need to go into scandal after scandal apparently perpetrated by those within the current leadership in Washington D.C.

Second Amendment Logic - If A = B and B = C, then C = A...

Logic.  It’s a course you can take in college.  There are a lot of sophisticated rules to make things work out to a realistic conclusion.  I wonder, can we apply these principles to the Second Amendment (2A)?  Logic would say that, if A = B, and B = C, then it is logical that C = A.  Where the rub comes in, not all can agree on the various premises that come in to play.

However, I have never drawn back from traveling in places where angels fear to tread; therefore I will give this a “shot.”  Yes, the pun was intended.

Assuming the Founders meant what they wrote in the 2A, then the operative portion (Heller v. Washington D.C.) is, “…the right of the People to keep and bear arms shall not be infringed.”  The courts have stated repeatedly that the first place to look to understand the meaning of any statute is the statute itself.  Illinois v Holmes, states, “The best evidence of legislative intent is the language used in the statute itself, which must be given its plain and ordinary meaning.”  We will designate the 2A as, “A” which is the “supreme law of the land.”

In McDonald v Chicago, the Supreme Court of the United States (SCOTUS) stated that the 2A applies/incorporates against and/or to the states.  Therefore 2A applies to the states becomes “B.”  Therefore “B” is now the “supreme law of the land” for Illinois.

Now, assuming that Pike County is a subdivision of the state of Illinois; and further that the “supreme law of the land” is operative here we can conclude that the operative phrase of the 2A, “…the right of the people to keep and bear arms shall not be infringed” applies in Pike County, designated as “C.” 

Now let’s check our statement: 

• 2A is the supreme law in the US, “A,” is equal to, “B” which states that 2A is the supreme law of Illinois, since Pike County is a division in Illinois the 2A must be the supreme law of Pike County, “C.” Therefore Supreme law of Pike County "C," is equal to, "A" the supreme law of the US.

The question then becomes; “If the 2A is already the law of Pike County then why would making it an official part of the code create any change in liability to the County?”  

Now let’s assess our Chicago Attorney Victor’s statement.  Mr. Victor spoke to the Pike County Board at the last meeting, May 30th, 2013.  He stated that passing an ordinance which duplicated the operative portion of the 2A would be unconstitutional.  The part he left out was he gave no supporting documentation to show how incorporating the operative portion of the 2A could conflict with any constitution.  The ordinance would create no new law, it would not supersede any law but simply copy it to the code of Pike County.

He said it might create confusion but didn’t explain how.  He could give no scenario that would create liability but simply stated, "It will expose the county to enormous legal liability, enormous financial liability.”  He further stated that the County cannot presume to interpret the law or constitution.  I can see no attempt to interpret the constitution in this most simple of ordinances.

Perhaps he could elaborate further.  Perhaps another attorney would care to comment.  Would we be having this discussion if the operative portion of the ordinance stated, "Therefore be it enacted that the right of the people to free expression shall not be infringed?"

We can even take this further by interjecting Article VI of the US Constitution, which contains the supremacy clause.

• "This Constitution ...  shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding."

Article VI adds a whole new potential to our equation.  "Apparently all the laws of the state of Illinois must comply with our US Constitution.  Can any of these lawyers tell me in simple terms how the government can comply with 2A and require the People to get permits (permission slips) to exercise of fundamental right to keep and bear arms.  I would like see our Chicago Machine rulers try that logic out and make it work and still pass logic 101.

Who is/are the Chicago Machine?

I was recently asked, “Who, or what, is the Chicago Machine?”  

I think the question is fair enough.  After all, I blame this entity for much of the problems in the State of Illinois.

The Chicago Machine has a history[i] that started early in the 20^th century.  It was built primarily through patronage jobs of the Democratic Political party.   The most effective use of this came about during the tenure of the first Mayor Dailey’s tenure.  The Machine lost some of its power through inability of the mayors who followed Dailey the first, in maintaining discipline and power.  Some of the effectiveness of the Machine was also lost through the disallowing of the patronage jobs and number of other issues that eventually saw the power of the Machine reduced but far from eliminated.

In today’s Machine we see much of the mindset of the past that allowed the very powerful few to ride herd and direct much of the power of the around 7 million plus inhabitants to vote over the top of the rest of the state.  The population of this, relatively small geographically, section of the state rules over, what I call, the country folks, who are spread out over the rest of the state.

This large population of City people has a different mindset than the Country folks.  They tend be more dependent on city services for a whole range of things.  Most things require some kind of license, or an inspector or what have you.  Much of this built up through jobs that purchase power and votes.  Now there is a dependency that is just not comprehensible to downstaters or country folks.

This population can elect enough representatives with the ruling mindset, and the dependency on government mindset, that they can heavily influence most legislation at the state level.  The Chicago Machine legislators appear to think, “What is good for Chicago must be good for the whole state.”  The corruption just cannot be comprehended by the Country folks, or the rest of the states for that matter.  For evidence, the number of 2 term governors is enough.  By 2 terms, of course, I mean a term in the “state house” and a term in the “pen house.”

This Chicago Machine has ruled the state by sponsoring the unconstitutional gun laws, such as the FOID card, and the complete ban on the carry of firearms on the public way.  Illinois is the only state with the FOID card scheme.  This scheme allows anyone from any other state to buy ammo and guns without a FOID card, but doesn’t trust its own citizens enough to allow them to buy ammo or guns without it.  All of these gun laws have primarily emanated from one source, the Chicago Machine.

I was at a store in Missouri a month or so ago.  I was behind a man in line checking out with an ammo purchase.  The man was offering to show his identification, a FOID card, when the clerk says, “we don’t need that over here, you must be from Illinois.”  Illinoisans have put up with the Chicago Machine and their iron fist for so long we think it is normal.  Once these unconstitutional laws are in place it can take untold years and much suffering to get them eliminated.  The suffering comes through all the people who have been unjustly charged with the unconstitutional laws that have been put in place; people who have been made felons for exercising their fundamental right to keep and bear an arm of their choice.

I prefer the animating challenge of Liberty, self reliance, and self rule, to the ‘rulership’ of the far off, completely out of touch with the Country lifestyle, Chicago Machine mindset.  I do not feel the need to have “a multitude of New Offices, and … swarms of Officers to harrass our people, and eat out [our] substance.”[ii]  We already have more government breathing down our necks than we need.  If it was so important to society to have all of these alphabet soup agencies, then how did our country ever become such a success?  Now our state has more agencies than it can pay for and leads the country, even ahead of California, for the worst economy and the most corruption.

One of the founders is quoted to the effect, “When the government fears the People, then there is Liberty.  When the People fear the government there is tyranny.”  I will say that I can’t imagine in my wildest dreams any government fearing me.  However I do fear my government.  I fear the consequences of exercising a very clear fundamental right.

---

[i] Encyclopedia of Chicago: Machine Politics

[ii] Declaration of Independence July 4^th, 1776 (USA)

Diagnostic Status: Critical

I have been a practicing chiropractic physician for 36 years.  During the course of that time I have come across a number of cases where life threatening issues appeared.  I must always be on the lookout for those subtle clues that say to me, “better look a little deeper.”  The patients, many times, would prefer to avoid the cost of ruling out life threatening conditions.  If there is enough suspicion I must pursue it further.

The signs of serious illness are distinctive, yet can be elusive.  If missed, and the warning not given, then the life of the patient and the peace of the physician can hang in the balance.  During the course of practicing my profession I have found 4 brain tumors, 3 that were ultimately fatal.  I have discovered several lung tumors, and one abdominal tumor, and several metastatic malignancies of the spine, and many heart conditions. 

Right now I see signs and symptoms of a tumor, a cancer of another sort that appears to me to be highly malignant (malignant means, BAD).  This tumor is within the halls of government.  It is developing insidiously.  It is highly invasive.  It is expansile.  It is metastasizing and spreading throughout our land. However I believe that it can be treated and controlled, but never likely to be eradicated.  It will take the People acting and participating in their government to bring it back on track.

If the People continue to ignore the destruction of the foundational principles as stated in our founding documents, which are comprised of our Declaration of Independence and our United States Constitution, then we will see the cancer of usurpation of power and the tyranny of ‘government-out-of-control’ take this nation by storm and convert it from the land of the free and the home of the brave to the land of the defenseless and the home of the slave.

I am compelled; I am forced, by the very oath I took as a physician, and now as representative of the People of Pike County, to issue a warning consultation of the most ominous news.  I do not take the responsibility lightly.  We the People must turn the ship of state around or face the most serious death of our Liberty. 

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.”