Posts tagged Constitutional
In The Law, Bastiat says “each of us has a natural right – from God – to defend his person, his liberty, and his property”. The State is a “substitution of a common force for individual forces” to defend this right. The law becomes perverted when it is used to violate the rights of the individual, when it punishes one’s right to defend himself again a collective effort of others to legislatively enact laws which basically have the same effect of plundering.
The work has significance and importance today because the same situation that existed in the France of 1848, exists in practically every country today. The same socialist-communist ideas and plans that were then adopted in France are now sweeping the world. The explanations and arguments then advanced against socialism by Mr. Bastiat are equally valid today.
If you are interested in reading material which clearly and succinctly lays out the proper role of Government and Law, and how that law can be perverted to accomplish the exact opposite of what it was originally intended to do, this work is of great importance.
The 9th Circuit Court of Appeals ruling yesterday could have major implications on Maryland’s concealed carry law. The ruling opens the door for a potential Supreme Court Case regarding the Constitutionality of concealed carry permitting.
Last year, the 4th District Court of Appeals struck down a US District Court ruling that Maryland’s requirement to show “good and substantial” cause for a permit was unconstitutional.
California’s permitting requirements are similar to Maryland. It is a “may issue” state. Permitting depends on the local sheriff or police chief from county to county. The law says you have to show good moral character and in San Diego, you also have to show good cause to get one. As in Maryland, self defense is not considered “good and substantial” reason. In its ruling, the 9th circuit said the county’s narrow view of good cause violates the 2nd amendment right to bear arms for self defense. article
Gun Rights resources:
The policies and actions of the Governor and Democratic Controlled State Legislature has resulted in not only loss of individual liberty, but also the loss of economic advantage. Businesses like Beretta USA which had plans to expand in Maryland, but scrapped it after last years gun ban was passed, have packed up and left town.
Below is the letter written by CEO and president of Beretta Holding S.p.A, Ugo Gussalli Beretta- it is well worth the read.
My family has operated our business from the same small town in northern Italy for 500 years. This means that when we make a commitment to a local community, our hope is to do so for decades, if not centuries, to come.
We apply this same philosophy to all of our factories and locations throughout the world. Such a commitment is not a one-way street, though.
In return for our investment in jobs, facilities and assistance to the local economy, we ask for respect and a supportive business climate.
We deserve such respect. We make the standard sidearm for the U.S. armed forces. We also make firearms that police and consumers use to save their lives and the lives of others.
We also make sporting firearms that are enjoyed by tens of millions of people worldwide, from Olympic shooters to weekend hunters.
Our business has grown in recent years, and because of that, we needed to expand production in our U.S facility, located in Accokeek, just outside of Washington, D.C., in the Maryland suburbs.
Unfortunately, as we were planning that expansion, Maryland’s governor and legislature voted in favor of new regulations that unfairly attack products we make and that our customers want.
These regulations also demean our law-abiding customers, who must now be fingerprinted like criminals before they can be allowed to purchase one of our products.
We have seen these types of legislative proposals in Maryland before, and they never seem to reduce crime. Maybe this is because the proponents of such legislation blame the product instead of human misconduct.’
But in any event, because of these new restrictions and the pattern of harassment aimed at lawful firearm owners we have seen in Maryland over the decades, we decided to expand our facilities in a state that shows more respect for citizens who exercise their Second Amendment rights.
We chose Tennessee for our new facility expansion. Our plans for that location are extensive and long-lasting.
We chose Tennessee because the governor and legislators in that state understand what it means to support businesses (such as through job recruitment and training programs) that improve employment in the state without treating companies as a necessary evil.
We chose Tennessee also because the vast majority of its residents and their elected officials have shown that they respect and honor the American tradition of personal freedoms, including the right to bear arms.
Ugo Gussalli Beretta
State legislatures have begun to decriminalize marijuana. This is very important, even if you don’t support marijuana use, personally. This issue goes beyond simple decriminalization of marijuana because it is not only about the freedom to make your own choices as to what you eat, drink or smoke, it is about liberty and the return to true constitutional governance. The result of the States’ refusal to accept unconstitutional federal over reach has positive implications on the future of Liberty and governance, which the Founders always intended to reside in the States.
The Federal Government has never had the authority to ban marijuana within the states. The clearest evidence of this is the simple fact that it took an amendment to the Constitution, (the 18th ) to prohibit alcohol and another amendment,(the 21st) to repeal the alcohol prohibition. To date there have been no such amendment to prohibit marijuana.
To further support my argument, The 10th Amendment to the Constitution states, “The powers not delegated to the United States, by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” This means that any prohibition, regulation or other law regarding marijuana is left to each state to enact, by means of their legislative process supported by the citizens of that state.
What we have instead, is decades of unconstitutional federal “Law” and regulation that has gone unchecked because of the misrepresentation of the Supremacy Clause by the courts. The Supremacy Clause has been used as an argument against nullification. The Supremacy Clause states “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof…shall be the supreme Law of the Land” The power lies within the states, by way of the elected legislature to determine if a law is pursuant to the Constitution. On the other hand, if the law is indeed unconstitutional, nullification is not only justified, but the duty of the individual states to ignore.
Nullification under the Doctrine of Interposition is the rightful remedy for unconstitutional Federal “Laws” as clearly intended and argued by Thomas Jefferson.
“…but where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that without this right they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them”
Let’s be clear, nullification is not an act whereby a state simply refuses to comply with a Federal law it does not like, it is the claim that the law is not a law at all because it is unconstitutional.
Individual States all over the US are currently exercising this right by considering a number of legislative actions that would nullify illegal, unconstitutional Federal “laws” such as obamacare, any federal firearms ban, registration or limitations, and the prohibition of marijuana. The debate is not simply about marijuana legalization; it is a debate whether or not to return our country to true Constitutional governance.
In an effort to address this issue, I am proposing a number of Nullification bills the bill pertaining to Marijuana is entitled the”cannabisfreedom2014
The 2014 Legislative session is underway. I will be using this site to post updates and track bills of special interest to the cause of liberty and constitutional governance in Maryland.
To kick things off I’d like to highlight a couple of bills that have already been introduced in the MD House of Delegates by Delegate Frank Conaway
This bill states that you have no right to respond to violence with anything other than retreat and that self defense can only be used as a defense if you can prove that you had no means of escape.
In other words, it does not matter that a violent criminal is in your home with a gun threatening you, your wife and your children, you may not defend them so long as you can crawl out the window, climb down a fire escape and run down the street for” help”.
This bill makes it illegal for you to not follow the orders of a 9-11 operator.
This bill establishes a task force to study the “feasibility, utility and costs” of using GPS technology to track every firearm sold and possessed in MD. You read that right, it lays the ground to potentially put gps devices on every legally owned firearm in MD. The bill also establishes that state money (your dollars) be spent conducting this “study”
If you have any questions about these bills you can contact Delegate Conaway by email firstname.lastname@example.org or phone 410-841-3189
Regretfully, Maryland refuses to recognize the legitimate Constitutional right to Keep and Bear Arms under the 2nd Amendment of the U.S. Constitution. There is no Constitutional provision that supports Maryland’s position that all firearms must be registered with the State and that you must hold a State issued permit to lawfully carry a firearm. I have always held and voted that every Law-Abiding citizen has the right to own and carry a firearm without a permit. After all, Alaska, Arizona, Arkansas, Vermont, Wyoming and Oklahoma, do not require a permit to carry a firearm in public. Click Here for additional information on Constitutional Carry states.
other helpful links:
There is a great cry from many well intentioned citizens to petition to referendum, SB281. Although well intentioned, this would be the wrong thing to do.
Maryland stands at a crossroads of an epic issue. Will we govern as a Constitutional Republic or simply a hyper-democracy? Unfortunately, the mere act of taking SB281 to referendun would send the wrong message. It would suggest Constitutional rights are subject to elimination at the whims of a simple majority… and it would fuel the ambitions of democratic majorities to continue their attacks on our freedoms.
We must not and cannot give any semblance of authority to an “unconstitutional act” or “pretended legislation” disguised as “law”. Taking SB281 to referendum would do exactly that.
Consider the implication if voters were to support SB281. A constitutionally protected right would be forever lost, and by “buying in” to a referendum process, we would be implicitly endorsing and condoning the misconception that our unalienable rights are subject to majority vote. This is unacceptable, because in a Constitutional Republic, THE MAJORITY HAS NO AUTHORITY TO TAKE AWAY GOD GIVEN CONSTITUIONAL RIGHTS FROM THE MINORITY .
We must never send the message that our God-given constitutional rights are subject to popular vote.
Some may ask, “If not referendum than what?”
We will be holding a series of meetings with distinguished leaders, officials, industry experts, scholars, activists, and constitutional attorneys to propose details of alternate actions designed to (a) restore our Second Amendment Protections; and (b) motivate and organize the sovereigns in Maryland (the people) to reaffirm our government’s commitment to the Constitution.
Thomas Jefferson said. “What county can preserve its liberties if its rulers are not warned from time to time that their people preserve the spirit of resistance.”
Therefore, we the undersigned will not encourage, promote, or participate in any referendum of SB281.
Delegate Don Dwyer, Jr.
Comissioner Richard Rothschild
More to come…..
AR-15 and AK-47 RAFFLE
AR-15 is a Palmetto Arms, 16″ barrel with collapsable stock
AK-47 is from Arsenal Inc., 16″ barrel with a side folding stock
Both guns are currently at Pasadena Gun and Pawn if you would like to view them and see what other goodies they have!
If you would like to purchase raffle tickets, Please mail a check for the total number of tickets to: Supporters of Don Dwyer , P.O. Box 667 Glen Burnie MD 21061. Your stubs will be mailed to you.
If you would like to sell tickets for me, Simply email me at email@example.com and let me know how many you are willing to sell. I will mail you the ticket and the stub. After all are sold mail the checks ( Payable to Supporters of Don Dwyer) and the stubs to the P.O. Box above.
Or click here: GUN RAFFLE to purchase or to get tickets to sell.
The winning tickets will be drawn Saturday July 6th. Independence weekend. Location TBD
Raffle Rules: You must be able to lawfully purchase and own a firearm- you must be willing to assume the transfer fees.
Out of State winners must have an FFL from their state to handle the transfer and must be willing to assume shipping costs.
Taxes and associated costs other than transfer fees will be covered by Supporters of Don Dwyer.
Proceeds will benefit Supporters of Don Dwyer and will also used in an effort to unseat the Legislators who worked to support, vote for and pass SB 281.
Thanks so much for your support
Delegate Don Dwyer
You numbered so many that they had to close the building for safety reasons at the request of DGS Police and State Police because of the fire code capacity.
This has never happened in Annapolis! And you all did it!
I want to assure each of you that came and signed in but was not able to speak- your name is recorded and entered in the record as opposing this legislation. Please do not go away with the thought that because you couldn’t testify, your voice was not heard, or that your time was wasted. More than individual testimony, it was critically important that you show up in solid numbers, you did and your voice was heard!
I will call on you again- this is not a one day fight, but an ongoing battle. These bills and many others will be heard in the House of Delegates and I will contact you when the date of the hearing is announced. We need each of you to come back and bring more people. We can show them that we won’t back down defending our civil rights.
Don H. Dwyer, Jr.
Many Marylanders’ (mainly staunch conservatives) have expressed to me their belief that there is no reason to stay in Maryland. This attitude permeates from a conviction that the politicians have ceased to care about the voters. They have come to feel that the hope of ever having politicians adhere to the Constitution is long gone.
Unfortunately, many elected officials do not even understand the basic rights of Marylanders’ as granted in the State Constitution. Worse yet, they pass legislation that directly violates citizens’ rights and freedoms. In some cases, this is simply because of ignorance; in other cases it is intentional with no regard for the Constitution.
All elected officials take an Oath of Office to uphold and defend the State and U.S. Constitutions. Sadly most have no idea what an Oath is. Many voters and elected officials alike are confused in their understanding of the Oath of Office, believing that the Oath is made to the people, as a promise to legislate wisely and justly.
The Oath that I took, when I was sworn in as a State Delegate each term is as follows:
I, Don Dwyer, Jr. do swear and affirm that I will support the Constitution of the United States; and that I will be faithful and bear true allegiance to the State of Maryland, and support the Constitution and Laws thereof; and that I will, to the best of my skill and judgment, diligently and faithfully, without partiality or prejudice, execute the office of State Delegate according to the Constitution and Laws of this State, that I will not directly or indirectly, receive the profits or any part of the profits of any other office during the term of my acting as Delegate.
Webster’s Dictionary (1828) defines an Oath:
A solemn affirmation or declaration, made with an appeal to God for the truth of what is affirmed. The appeal to God in an oath implies that the person imprecates his vengeance and renounces his favor if the declaration is false, or if the declaration is a promise, the person invokes the vengeance of God if he should fail to fulfill it. A false oath is called perjury.
The Oath of Office is a declaration to God, that the words in the oath be true. The oath is an affirmation to be held accountable by God, should the Oath be broken.
In order that the rights of all Maryland Citizens may be protected in the future, I am introducing legislation that will require that every elected official in the state, take a limited class prior to being sworn in, that covers;
A) Upholding the Oath of office.
B) A primer on the Maryland Declaration of Rights.
C) A primer on the U.S. Constitution’s Bill of Rights.
Encourage your elected representatives to support this legislation and to defend your rights under the State Constitution.
Below I am posting the letter that I have sent to the Maryland Sheriffs Association regarding their Oath of office to uphold the Constitution and urging them to defend the right to keep and bear arms as guaranteed by the Bill of Rights against any unconstitutional law which infringes on that right.
Maryland Sheriffs’ Association
Sheriff Michael A. Lewis
410 Naylor Mill Road Salisbury, MD 21803
Thursday, January 31, 2013
Dear Sheriff Lewis,
In light of President Obama’s intent to infringe the Second Amendment rights of law-abiding Citizens across America by way of Executive Orders, I am calling on you and the members of the Maryland Sheriffs’ Association to follow the lead and example of the Utah Sheriffs’ Association in defending the Constitutional rights of Maryland’s Citizens.
I have enclosed a copy of the letter dated 1/17/2013 and sent by the Utah Sheriffs’ Association to President Barack Obama, whereby they refuse to deny the Citizens of their state, the Constitutional protections of the Second Amendment to the United States Constitution and are prepared to take all action to defend those rights.
It is my hope that the duly elected Sheriffs will remember and honor their vow to uphold the Constitution, rather than enforce any unconstitutional laws stripping Americans of their rights.
On behalf of the Citizens of the State of Maryland,
Delegate Don Dwyer, Jr.