-Caveat Lector-
Capitol Hill Blue
Published: August 7, 1999
Author: Charles Bloomer
"That Would Never Happen Here"
Frequently in my discussions with my friends about the right to
keep and bear arms, I bring up the concept of defense against a
tyrannical government. The Founding Fathers understood well that
it would be very difficult, if not impossible, for an
authoritarian dictatorship to develop and try to assert control
over an armed populace. Seems to be a simple concept - fairly
straightforward. But my friends see it differently. While they
may agree in principle - that subduing an armed population would
be difficult - they think I'm wrong about the possibility of a
tyrannical government in America. Almost every one of them says
"That would never happen here". "America is built on the concept
of freedom", they say. "We have a constitution that prevents the
government from getting out of control".
Ah, yes. We have a constitution. We have the most successful
constitution in the history of civilization. It is truly a work
of art. Our constitution was written by inspired men who were
tired of being oppressed by unaccountable monarchs and their
tyrannical governments. This timeless document was written by men
that wanted to be free, who believed that our rights to life,
liberty and the pursuit of happiness were unalienable, granted by
the Creator, not by other men or government. Implementing the
constitution and adhering to its concepts would protect us from
the tyrannical, oppressive rule by authoritarian controllers.
My friends all agree that our Constitution is a great thing.
The discussion continues. "What if," I ask, "What if the
government decided to ignore the Constitution?" I get the same
answer - "That would never happen here". "What if the government
decided that respecting the Bill of Rights was selective? That
they could ignore some of the rights specified?" Again, "that
would never happen here."
Or would it?
In fact, it has happened, and continues to happen. Our government
routinely, arrogantly, knowingly betrays our rights. Let's look
at some examples. One could make a lifetime study of all the
violations of the Constitution, so we will confine ourselves to
the Bill of Rights, in no particular order.
The Second Amendment -- the one that says "�the right of the
people to keep and bear arms shall not be infringed." - is
infringed frequently. Current estimates are that there are over
20,000 gun control laws on the books. 20,000 laws that interfere
with an American's right to keep and bear arms. 20,000 gun laws,
and a government that tries regularly (and sometimes succeeds) to
pass more laws that further infringe on your right to buy, own,
or carry a gun.
Amendment IX is totally ignored. "The enumeration in the
Constitution, of certain rights, shall not be construed to deny
or disparage others retained by the people." Our government does
not believe we have any rights unless it grants them to us. Do
you have a "right" to drive? To build on your property? No. You
must go to the government and get permission to do either of
those.
Your Fifth Amendment rights are selectively enforced. We have
taken the protection against self-incrimination to its absurd
extreme. Our government frees confessed criminals because they
confessed. But what about the other provisions of this Amendment?
"[N]or be deprived of life, liberty, or property, without due
process of law, nor shall private property be taken for public
use, without just compensation." So, if the government wants to
build a new highway where your house is, they have to compensate
you in a just manner (we'll not go into a definition of "just").
But what if they decide to take your property without due process
or just compensation? "That would never happen here." Wrong
again. It happens all the time. American property owners are
denied the use of their property by the Endangered Species Act
and wetlands preservation regulations, among others, without
compensation, just or otherwise. Your private property is not
yours, after all. The government tells you what you can and can't
do on that property. And if you don't pay the government "rent"
(property taxes), your property will be confiscated.
The Tenth Amendment, States' Rights, has taken a pounding for
nearly 150 years. Individual states do not have the right to
secede from the Union. Increasingly, they do not have the right
to do anything that the Federal government does not want them to
do. This Amendment was intended to keep government closer to the
people and easier to control. It was intended to limit Federal
power. It is blatantly ignored in the guise of "interstate
commerce" and "general welfare". Education, health and "human
services", housing and urban development, etc., etc., all are
considered interstate commerce or general welfare issues by our
government. All that despite the fact that none of those things
is ever mentioned in the Constitution as a Federal prerogative.
But, "that would never happen here." It's happening. And there's
more.
The Fourth Amendment guarantees your right to be secure in your
person, house, papers, and effects against unreasonable search
and seizure. The government needs a warrant, based on probable
cause to search. Nice words, great concept. The Supreme Court,
the supreme interpreter of the constitution, has recently
declared that you can be searched just because you are with
someone that a police officer suspects has committed a violation
of the law. If you ride in a car with someone who is pulled over
for speeding, the officer can search the entire car, including
your personal effects. So much for a guarantee against
unreasonable search and seizure and the concept of probable
cause.
Amendment VI gives you a right to a speedy and public trial. In
general, our government does well with that part. The government,
generally, informs defendants of the nature and cause of the
accusation (although one could find exceptions). But what about
the right to be confronted with the witnesses against the
defendant? Our government fails here. Our government brings
charges against Americans based on anonymous tips and
accusations. The waste, fraud, and abuse hotline and the spy
hotline both allow anonymous reports. Prison inmates give the
government "anonymous" tips in exchange for lenient sentences.
The government likes this arrangement because the character of an
anonymous witness cannot be challenged.
If the government can abuse these rights, what is to prevent it
from abusing others? What about the freedom of speech? Freedom of
religion? Freedom of the press?
That would never happen here. Or would it?
Your First Amendment right to freedom of religion has been under
attack, successfully, for over 30 years. Freedom of religion, as
delineated in the First Amendment, comes in two parts. "Congress
shall make no law respecting an establishment of religion�." That
means the government cannot make any religion the "official" or
"national" religion and make you participate. The "establishment
clause" has been driven to an absurd extreme. So much so, that
the second part of freedom is totally ignored. "�[O]r prohibiting
the free exercise thereof." Americans are prohibited their free
exercise of religion. Try saying a prayer at a school. Try
mentioning God in a graduation speech.
We jealously guard our right to free speech. And again, to absurd
lengths. Pornography is free speech according to the government.
An entire industry has developed that roots out any violations of
our right to free speech. But our right to free speech,
specifically political speech, is under attack. The government
wants to deny Americans the right to speak freely during
political campaigns. In the name of "Campaign Finance Reform",
the government wants to restrict who can give money to
candidates, how much money can be given, and how that money can
be used. All this despite the fact that the Supreme Court has
already ruled that contributions to political campaigns are
considered "speech". Whether one agrees with the Supreme Court on
the definition of "speech" or not, one has to be amazed at the
arrogance and gall of our elected officials that will try to pass
a law that has already been deemed unconstitutional.
The professional press keep close tabs on government actions that
might violate its rights. The mainstream press may be biased, it
may not care about the rest of the Constitution, it may coddle
the very government that it seeks protection from, but they
worship at the altar of the freedom of the press provision of the
First Amendment. Journalists have been known to go to jail on
civil contempt charges rather than divulge their sources. An
objective, fair, vigorous press is a good thing. Our problem at
the moment is not the freedom of the press, but the irresponsible
actions of a press that ignores the usurpation and violations
that the government commits.
"That would never happen here" begins to sound a bit weak. It is
happening here, and it is happening now, and it is happening at
an ever faster rate. The past 60 years, and especially the past
30 years, have been devastating to our Constitution. The attacks
on our rights are nearly non-stop. The professional politicians
that make up our government are not as interested in protecting
our rights as they are in protecting their privilege and power.
They are smart enough to know that they can't just shred the
Constitution in one quick move. But they know they can do it
incrementally, submitting emotional hyperbole to an increasingly
apathetic public. They also know that there are 260 million guns
in the hands of Americans. Facing those guns would not be
pleasant. And they know the end result of disarming America.
They would obtain uncontested power and would succeed in becoming
a tyrannical government, accountable to no one.
When the Second Amendment ceases to exist, all other rights are
non-existent.
But then, that would never happen here.
� 1999 by Charles Bloomer
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The Best Way To Destroy Enemies Is To Change Them To Friends
Shalom, A Salaam Aleikum, and to all, A Good Day.
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