I always enjoy asking a question and getting an answer that directs the subject in another direction because the person you question doesn’t want to answer the question at hand. This is what appears to have happened when I questioned House Representative Mick Mulvaney about the 5th Amendment. The Congressional two-step begins.
Under the 5th Amendment you are under NO obligation to tell the government anything that they may one day use against you in court so how can congress pass a law that says you have to tell them something? You would think asking a lawyer about this would be a simple question. But No.
Mulvaney starts with “I get this question a lot.” but proceeds to go back to the 2nd Amendment because I used the CWP as an example. My question was about the 5th. When I finally get him to speak to the 5th Amendment he states, “The social convention over the course of the last 200 years is we are willing to make some limitations on our own [rights].” WHAT? “Social convention” is a reason for the government to step on my rights? Where is that spelled out in the Constitution? He continues, “You can waive any of your Constitutional rights”. Actually you can’t but that was an argument for another time. But even if I could where does it say I have to in order to appease government? Because that is now “the social norm”? Really Mick?
Later I questioned him again. And again he dances. This time the question went to the 16th Amendment and the Supreme court ruling that the 16th Amendment gave Congress no new taxing authority. He does go into a story about a college professor who said he would give an automatic A on an exam to any student who can show the section of the code that says you have to pay an income tax.
So what does the code say…
“Title 26 CFR Ch. 1 (4-1-03 Edition) (iii) The purpose of publishing revenue rulings and revenue procedures in the Internal Revenue Bulletin is to promote correct and uniform application of the tax laws by Internal Revenue Service employees and to assist taxpayers in attaining maximum voluntary compliance by informing Service personnel and the public of National Office interpretations of the internal revenue laws, related statues, treaties, regulations, and statements of Service procedures affecting the rights and duties of taxpayers. Therefore – issues and answers involving substantive tax under the jurisdiction of the Internal Revenue Service will be published in the Internal Revenue Bulletin.”
I have been to several of these Town hall meetings and always leave feeling like I just danced with a master. Is it the lawyer or the politician I just danced with? Is there a difference? But Mick was right. Social convention does allow for a lot of things that an informed populace would stand against. Or at least one would hope they would.
He may not like my questions but at least he is willing to listen and put himself out there.
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed”
“…the right of the people…”. Yeah, that is what it says, “the people”. Not the State, not the military, not the police and not even the U.S. Government. Nope, this right is reserved for “the people”. “WE THE PEOPLE…”. “…of, for and by the people.”.
“…to keep …”. Hold or retain in one’s possession. Not to request to keep, pay a fine or a fee or tax to keep, or fill out the right forms, but simply “to keep”.
“..and bear…”. To carry or equip oneself with. Not lock up or store away. Or contract away your right for a piece of paper from the state that says you can bear.
“…Arms…”. Anything one might use in ones defense. Guns, knives, swords, cannons, thermonuclear warheads. Or rocks.
“…shall not be infringed.”. Any law that would in any way deter anyone from owning any “arm” for any reason is a blatant violation of this right. There can exist NO law that would require you to register your arms. NO law that requires a fee or tax for your arms. NO law whatsoever that would prohibit any citizen of the U.S. from owning and carrying in whatever manner they chose the arm of their choice out of fear of reprisal.
“A well regulated Militia, being necessary to the security of a free state…”. I have seen this used to say that the 2nd Amendment is for Militias. But it doesn’t say anyone who does chose to exercise their right to “keep and bear” has to join the Militia, just that one is necessary for a free state. It allows an armed populace that can chose to fight to defend their freedom but never makes it mandatory. It is never a stipulation but a statement to the fact that an armed people are more ready to defend the state than an unarmed one.
The one that will never come? The one that never came? With all the rights the people of this country have seen disappear there never was a revolution. What would make the people think there ever will be one?
“The Government will never get my guns.”
“The people will fight back if there is a gun confiscation.”
No. The government is already taking your guns and no-one is fighting back. Some are even helping. Every person who applied for a Concealed Weapons Permit (CWP) has been in league with the government. You have gone to the government and asked “Permission” to exercise a God-given right. And in doing so you have signed a contract giving up that right. You’ve even given up your 5th Amendment right just by filling out the form. You know, the part that says you don’t have to be a witness against yourself.
Juries everyday find people guilty of crimes involving “illegal guns”, generally meaning they are not permitted to own or carry them. But this is a violation of the rights of the person possessing the gun. So why is it allowed?
It is allowed because the people have been conditioned to accept it. And the conditioning will continue and the people will not revolt. They will find more and more excuses to pass more and more laws and through “law enforcement” pick us off one by one until there are none left. They have no reason to go door to door to take your guns because eventually you will give them up.
”But they won’t get MY gun.”
Look at your child or grandchild. Would you hold on to your gun if the only way to feed or clothe that child was by giving up your gun? Would you get in a gun battle with a government entity who would have custody of that child should your efforts fail? You think the government doesn’t already know the answer to these questions?
Look at what you have given up already…
- Freedom of speech… From “Free Speech” zones to fear of the “political climate” people are not only afraid to speak their minds but afraid to be associated with anyone who does.
- Peaceful Assembly…When people are told they must have a “permit” (Permission) to assemble then the right is gone. And anyone who applies for the “permit” has helped to destroy that right. And anyone who has enforced that “permit” has violated the rights of the person who either refused to apply or the person who was coerced into applying for the permit. (“Papers please.”)
- Petitioning the Government for Redress of Grievance… Why does no-one do this? The government should be so bogged down in paperwork there should be time for little else. Oh, that’s right, at some point some government employee will say, “You really should get a lawyer.” Now comes all the lovely fees.
- Unreasonable searches and seizures… “Probable Cause”. Need I say more? The people have been so led to believe that it is OK to “search and/or seize” just because an officer thinks it is OK, especially if “You have nothing to hide.”. Have we really come to the point we think others should have unlimited power over us whether we have anything to hide or not? (If your answer is “Yes” please defriend me on Facebook.)
- To be confronted with witnesses against you…”Confidential informants” The no-see-ums of Law Enforcement. (This alone should get jurors to judge against LE.) Obtaining witnesses in your favor… Not if a judge thinks it brings no merit to the case for whatever reason a judge decides. Who gave them this power?
- Assistance of counsel… I bet you thought that meant a “lawyer”, right? That is what they want you to believe. But “counsel” is anyone who can counsel you on your rights.
- Right to trial by jury… How many have waved this right and paid a fine because a trial would just be too inconvenient? As long as the “state” makes money and it costs them nothing they will continue to harass.
- “nor excessive fines”… We are fined for everything and always in excess. The bait and switch is to call it a “fee” and impose it on everything. And the reasoning is that by going about your daily life you might commit a crime.
- “nor cruel and unusual punishments”… You go to jail just because an officer doesn’t like your attitude, or worse yet, he doesn’t like you. Maybe you are “known” to LE as someone who doesn’t like them depriving people of their rights, maybe they are told to watch for any opportunity to arrest or harass you. (You think these guys won’t enforce any gun law, constitutional or not?)
- Rights retained by the people… The 9th Amendment states that if the people wish to retain their rights there is NOTHING contained in the Constitution that can be construed as to deprive them of that right.
- Your 10th Amendment rights… “States Rights” is what this is pushed as but the last statement is “or, to the people.” How have we managed to let others use this as a way to remove federal power over us just to be replaced by State power? If your tyrant is local is he any less a tyrant?
Recently my Mother passed away and as I jumped through the governments hoops of giving up my rights to settle her affairs (Yeah, they got me).I couldn’t help but wonder how it got to this point.
Because people always give way to government. Why? Because they say they know what is best? What makes them the experts on what is best? “Because things are different now”? How are they different? “They have bigger weapons”? Why do “they” have bigger weapons? Who gave them the right to have bigger weapons? “Because you will go to jail”? Why will you go to jail? Why are juries so dumbed down? What gives the government the right to arrest you for exercising a right?
The capitulation will continue and they will never have to fear a revolution.