Have nothing to do with the [evil] things that people do, things that belong to the darkness. Instead, bring them out to the light... [For] when all things are brought out into the light, then their true nature is clearly revealed...

-Ephesians 5:11-13

Category Archives: Constitution

Kansas Joining Parade of States Reestablishing Constitutional Money

This article appeared online at TheNewAmerican.com on Thursday, February 7, 2019: 

Another step toward the reestablishment of sound Constitutional money was taken on Wednesday in Kansas with the introduction of a bill (H.B. 2093) by the House Committee on Taxation exempting gold, silver, and other precious metals from sales taxes. It joins an increasing number of states exercising their sovereignty in such matters, ultimately exposing the fraud of Federal Reserve Notes (FRNs) posing as money.

As Mike Maharrey wrote in the Tenth Amendment Center blog: “By removing the sales tax on the exchange of gold and silver, Kansas would treat specie [gold and silver coins] as money instead of a commodity. This represents [another] small step toward reestablishing gold and silver as legal tender and [more importantly] breaking down the Fed’s monopoly on money.”

He added that the bill,

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South Dakota Takes Every Word of the Second Amendment Seriously

This article was published by The McAlvany Intelligence Advisor on Friday, February 1, 2019: 

This writer (who lives in the now dark blue state of Colorado) wishes his governor would sound more like South Dakota’s. Before signing into law a bill removing state requirements that a citizen must first obtain a permission slip before carrying a firearm concealed, Governor Kristi Noem tweeted:

Our Founding Fathers believed so firmly in our right to bear arms that they enshrined it into the Constitution. Tomorrow [January 31] I will sign SB47 into law. This constitutional carry legislation will further protect the Second Amendment rights of law-abiding South Dakotans.

It does a whole lot more than that.

First,

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South Dakota Allows Constitutional Carry, Mississippi Fights “Bump-stock” Ban

This article appeared online at TheNewAmerican.com on Thursday, January 2019: 

The day before signing South Dakota’s “constitutional carry” bill into law, South Dakota Governor Kristi Noem tweeted:

 Our Founding Fathers believed so firmly in our right to bear arms that they enshrined it into the Constitution. Tomorrow [Thursday] I will sign SB47 into law. This constitutional carry legislation will further protect the Second Amendment rights of law-abiding South Dakotans.

This echoed the sentiments of the bill’s sponsor, Senate President Pro Tempore Brock Greenfield: “We’re simply trying to create a situation in which we recognize that the Second Amendment is paramount and will not be infringed.”

SB47 does much more than that.

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As the Noose Tightens, Will Maduro Leave Peacefully, or Not?

This article was published by The McAlvany Intelligence Advisor on Wednesday, January 30, 2019: 

Maduro has entered his own chamber of horrors: everywhere he looks there are wax-like figures of tyrants from past days and years who have met an untimely death. His decision: will he remain obstinate and join them or will he escape in the dark of night, saving himself and his country?

It’s just a matter of time. With his oxygen hose being clamped shut by the U.S. government on Monday, he faces a certain future: no cash, support for his replacement growing, and his military’s loyalty fading away when he can’t pay them.

In addition, if Maduro retaliates by threatening Americans living in Venezuela and serving in the U.S. Embassy in Caracas, the “option” of U.S. military intervention to protect them will be activated.

He has fewer and fewer friends,

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U.S. Oil Blockade Puts Existential Pressure on Maduro Regime

This article appeared online at TheNewAmerican.com on Tuesday, January 29, 2019:  

Monday’s announcement by the U.S. Treasury Department that it would apply further sanctions on Venezuela’s state-owned oil company PdVSA accomplished three purposes.

First and most importantly, it ends the $25 million daily flow of desperately needed American dollars into Maduro’s treasury. Second, the blockade of oil to U.S. Gulf Coast refineries strengthens the position of Juan Guaido as Venezuela’s interim president. And third, it will greatly reduce the loyalty of Maduro’s military when he is unable to pay them.

As a bonus,

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The Fed’s Fraud is Being Exposed in Wyoming

This article was published by The McAlvany Intelligence Advisor on Wednesday, January 23, 2019: 

Wyoming legislators are determined to expose the fraud of the Federal Reserve Note. Last summer they overwhelmingly passed the state’s legal tender law, which brought the state back into compliance with Article I, Section 10 of the U.S. Constitution: “No State shall … make any Thing but gold and silver Coin a Tender in Payment of Debts.”

Last week those legislators presented three more bills that, if passed, will require the state’s treasurer to invest 10 percent of the funds held in the state’s pension fund, its reserve fund, and its mineral trust fund in gold and silver. Each bill has 15 or more cosponsors and they are being sold to other legislators as a necessary counterbalance to those funds’ traditional holdings of government bills, notes, bonds, and other investments. This is especially persuasive as those funds have suffered paper losses of more than $200 million thanks to investments in foreign securities.

Not only does the state’s legal tender law restore citizens’ right to use specie instead of Federal Reserve Notes in their daily transactions, the new law removes the state’s previous taxation of those transactions. But it does much more than that:

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Supreme Court Agrees To Hear First Gun Case Since 2010

This article appeared online at TheNewAmerican.com on Wednesday, January 23, 2019: 

For the first time in nearly a decade, the Supreme Court has agreed to hear on appeal a Second Amendment case. In New York State Rifle & Pistol Ass’n, Inc. v. City of New York, a District Court’s three-member panel ruled unanimously that New York City’s ban on transporting firearms outside the home was constitutional.

Although the issue is “transporting” (as in carrying a firearm in a sealed container to take to a gun range) as opposed to “carrying” or “bearing” a firearm in public, UCLA law professor Adam Winkler think’s “It’s the biggest open question in Second Amendment law today.”

The last time the Supreme Court considered gun laws, it left open the question of whether

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Wyoming Bills Would Require State’s Trust Funds to Hold “Monetary Metals”

This article appeared online at TheNewAmerican.com on Tuesday, January 22, 2019:  

Three bills presented by Wyoming legislators last week requiring the state’s treasurer to invest in gold and silver are the logical follow-up to the state’s decision last summer to declare gold and silver as legal tender, just like the Constitution demands in Article I, Section 10: “No State shall … make any Thing but gold and silver Coin a Tender in Payment of Debts.”

If signed into law, the three bills would direct the state’s treasurer to invest 10 percent of the funds held in the state’s pension fund, its reserve fund, and its mineral trust fund in gold and silver. Each bill has 15 or more cosponsors, and they are being sold to other legislators as a necessary counterbalance to those funds’ traditional holdings of government bills, notes, bonds, and other investments. This is especially persuasive, as those funds have suffered paper losses of more than $200 million thanks to investments in foreign securities.

The bills would also reinforce the state’s decision last summer to allow its residents to use gold and silver alongside Federal Reserve Notes (either paper or digital) in daily transactions, and eliminate any taxes on those transfers. That bill received overwhelming support in both the Wyoming House and Senate, and the bills presented last week are expected to get similar support.

Mike Maharrey, communications director for the Tenth Amendment Center, was delighted:

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Ninth Circuit Could Lose Its Liberal Lustre Under Trump

This article appeared online at TheNewAmerican.com on Monday, January 21, 2019: 

President Donald Trump has the opportunity to turn the Ninth Circuit from blue to red before the end of his first term. In October, after months of fruitless negotiating with California Senators Dianne Feinstein and Kamala Harris, the president finally gave up and nominated three conservative judges from the Federalist Society to fill three of the six vacancies on the court.

Not only is the Ninth Circuit Court of Appeals the largest in the country, covering nine states including Hawaii and Alaska, it is arguably the most liberal in its rulings. More than 80 percent of them, when reviewed by the Supreme Court, are reversed. Of its 29 judgeships, 16 were nominated by Democrat presidents, while only seven by Republicans.

But Trump has already filled two open slots,

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Ninety Percent of Guns Used in Crime Not Obtained From Gun Stores/Shows

This article appeared online at TheNewAmerican.com on Monday, January 14, 2019:  

The Department of Justice just updated its decades-old study asking criminals where they got the guns they used in committing the crime for which they were currently incarcerated. After asking 287,000 prisoners in 2016 where they got the gun they used, 90 percent of them “did not obtain it from a retail source” and less than one percent obtained it from a gun show.

Half of them obtained their firearm from the “underground” market, while just six percent said they stole it. The survey reported that “most of the remainder had obtained it from a family member or a friend, or as a gift. Seven percent had purchased it under their own name from a licensed firearm dealer.”

In other words, current or pending laws banning “assault weapons” (usually variants of the AR-15 semi-automatic rifle) almost totally miss the mark,

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Banks, Credit Card Companies Should Prevent Citizens from Buying “Multiple Guns,” Says NYTimes

This article appeared online at TheNewAmerican.com on Monday, January 7, 2019:

Not happy with the progress being made by banks and credit-card companies in their move to restrict lending to gun manufacturers, Andrew Sorkin published his thinly veiled support for more surveillance of and restrictions on individual gun buyers in the New York Times in late December.

In his piece entitled “How Banks Unwittingly Finance Mass Shootings,” Sorkin made clear his anti-gun worldview in the opening paragraph of the results of his Dealbook Investigation: “Omar Mateen used six credit cards to buy two guns and thousands of rounds of ammunition before he opened fire inside the Pulse nightclub [in June 2016].”

Sorkin rounded up evidence that other “mass shooters” had used credit cards to purchase firearms and accessories and concluded that “Many of the killers built their stockpiles of high-powered weapons with the convenience of credit. No one was watching.”

Now they should, said Sorkin. He took his “evidence” and called on the heads of a number of national banks who, he said, were horrified at what he had found. But they backed away from implementing any sort of tech wizardry that would target individuals buying too many firearms and too much ammunition in too short a period of time:

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Jon Caldera’s Noisy Defiance of Boulder’s Gun Ban is Costing Him

This article was published by The McAlvany Intelligence Advisor on Monday, January 7, 2019: 

When the Boulder City Council unanimously passed a law banning possession of “assault” rifles, large magazines, and “bump stocks” last May, they likely knew it wouldn’t go down well with the pro-gun crowd. What they didn’t know was that they would be setting off a firestorm by pushing around the wrong guy: Jon Caldera.

As this writer noted here last month, Caldera, a popular radio show host and head of Denver’s Independence Institute, told the Boulder pols to take a hike:

My hometown of Boulder is about to define me as a criminal if I do not disarm or move.

 

Let this column [which appeared in the Denver Post] serve as public notice: I will not comply….

 

Let it be known, like those who refused to go to the back of the bus, I will not surrender or destroy my guns, nor will I place my name on the government watch list.

Since then a lot of water has passed under the bridge.

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Left Ramps Up Attacks on Lead Plaintiff in Lawsuit Against Boulder Gun Law

This article appeared online at TheNewAmerican.com on Monday, January 7, 2019:  

The day after Boulder enacted its anti-gun law in May banning “assault” rifles, large-capacity magazines and “bump stocks,” Jon Caldera joined with the Boulder (Colorado) Rifle Club, a member of the University of Colorado Shooting Team, and others to file suit against it.

The suit claimed the law violated numerous federal, state, and local laws, and for that Caldera and his school-age daughter are taking heat. Caldera said his daughter has been bullied at her school, “[You know,] the one with posters celebrating tolerance and diversity all over its walls.” Both teachers and students have “ganged up on her,” telling her that “her father is a murderer.”

Added Caldera:

I have a fifteen-year old daughter who’s already been bullied about this at school. She’s been yelled at; she’s been called a murderer.

 

My son has Down syndrome so he doesn’t understand this, but my daughter doesn’t want me to go to jail.

 

I’m concerned about the people I love being taunted because we’re a political minority.

The suit’s language was clear as well as combative:

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Violent Crime in Brazil is About to Drop Precipitously

This article was published by The McAlvany Intelligence Advisor on Wednesday, January 2, 2019:  

Brazil has the highest rate of violent crime in Latin America and the eighth highest in the world. In Sao Paulo, a city of 12 million people, one in four reports that they have been held up at gunpoint at least once.

Along with this frightening crime wave, a weak economy (unemployment is at 12 percent) helped Jair Bolsonaro win election in October with 55 percent of the vote. Three days before his inauguration, he announced that his first effort would be to keep one of his key campaign promises: to expand his country’s gun laws. He tweeted: “By decree, we plan to guarantee the ownership of firearms by citizens without criminal records.”

That’s a far cry from the law presently in force (since 2003), which

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Decree by Brazil’s New President Keeps His Campaign Promise to Expand Gun Rights

This article appeared online at TheNewAmerican.com on Tuesday, January 1, 2019: 

Brazil’s new president, Jair Bolsonaro, who assumed his office on Tuesday, made many campaign promises. He supported his country’s national sovereignty and opposed abortion, affirmative action, and drug liberalization, while supporting closer relations with the United States and Israel. But his signature promise — supported by his famous finger-gun salute — is to liberalize his country’s gun laws. Since its enactment in 2003 Brazil’s murder rate has soared: Brazil has the highest homicide rate in Latin America and the eighth highest in the world.

Parallels to the U.S. president and the head of the National Rifle Association are obvious,

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Trustees of Pierce College Forced to End Its “Free Speech Zone” Directive

This article appeared online at TheNewAmerican.com on Monday, December 31, 2018: 

Trustees of Pierce College, a community college serving Los Angeles, agreed last Friday to open its campus to freedom of speech, reversing its previous commands that such “free speech” would only be allowed in a tiny part of the school’s enormous campus.

The decision affects not only Pierce College, but also eight other community colleges in the area, the largest community college district in the country with more than 150,000 students.

And all because a single student, informed of his rights, decided not to back down. Kevin Shaw, a freshman at Pierce, joined Young Americans for Liberty (YAL), the group that morphed from Ron Paul’s unsuccessful presidential campaign in 2008. In the fall of 2016 Shaw started passing out copies of the U.S. Constitution on one of the campus sidewalks to interest others in joining the local YAL campus chapter.

Within an hour the administration shut him down, telling him that

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Downloads of 3D-Printed Firearms Increase After Judge Tries to Stop Them

This article appeared online at TheNewAmerican.com on Wednesday, December 26, 2018: 

A federal judge’s ruling to limit the transfer of files allowing citizens to print their own guns using 3-D technology has resulted in exactly the opposite: The number of downloads of those files has exploded since his ruling in August.

It was Western Washington’s District Court Judge Robert Lasnik who ordered the settlement between the Justice Department and Cody Wilson’s company Defense Distributed to be suspended. He should have known better. He and other gun-grabbers such as New Jersey Governor Chris Murphy and Massachusetts Democrat Edward Markey are trying to play catch-up and instead are falling farther and farther behind.

It isn’t that gun grabbers haven’t tried.

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Just How Does the ATF Plan to Enforce Its “Bump Stock” Ban?

This article was published by The McAlvany Intelligence Advisor on Friday, December 21, 2018:

Following the announcement of its “final rule” on banning possession of “bump stocks,” a Department of Justice official was asked how they intended to enforce it when it becomes effective in March. He replied:

We anticipate that the general public will be compliant with the law.

 

To the extent someone chooses not to comply with the law, we will treat this as we do with all firearms offenses. We will prioritize our resources to maximize public safety, focusing on those that pose the greatest threat. We will enforce the statute based on the circumstances of the individual case as we do with all firearms law.

Would officials from the BATFE (Bureau of Alcohol, Tobacco, Firearms and Explosives, usually referred to as the ATF) go door to door? He answered:

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Trump’s ATF Playing With Fire in Banning Bump Stocks

This article appeared online at TheNewAmerican.com on Wednesday, December 19, 2018:  

The day after retired Supreme Court Justice John Paul Stevens called for repeal of the Second Amendment back in March, President Trump tweeted: “THE SECOND AMENDMENT WILL NEVER BE REPEALED! As much as Democrats would like to see this happen, and despite the words yesterday of former Supreme Court Justice Stevens, NO WAY.”

On Tuesday, Trump’s acting Attorney General Matthew Whitaker said “WAY” by announcing the final rule from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) banning so-called bump stocks. He announced the agency’s rule by claiming that it was an “amendment” of an existing rule and not a new ruling per se and therefore didn’t need Congressional approval:

The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to clarify that bump-stock-type devices — meaning “bump fire” stocks, slide-fire devices, and devices with certain similar characteristics — are “machineguns” as defined by the National Firearms Act of 1934 and the Gun Control Act of 1968 because such devices allow a shooter of a semiautomatic firearm to initiate a continuous firing cycle with a single pull of the trigger….

 

The bump-stock-type devices covered by this final rule … will be prohibited when this rule becomes effective [estimated to be March 21, 2019].

A senior official from the Department of Justice made clear that they intended to allow the ATF to enforce the law with every asset they had:

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A Million New Jersey Gun Owners Ignore State’s Magazine Ban

This article appeared online at TheNewAmerican.com on Monday, December 17, 2018: 

When New Jersey passed its ban on possession of magazines containing more than 10 rounds in June, it gave the state’s million or so law-abiding gun owners 180 days to comply. The law provided five options: 1) modify the offending magazines so they could accept no more than 10 rounds; 2) “render the firearm [that accepts such magazines] inoperable”; 3) register firearms that cannot be “modified to accommodate 10 or less rounds”; 4) transfer the firearm or the magazine to “an individual or entity entitled to own or possess it”; or 5) surrender the firearm or the magazine to local law enforcement.

The million or so law-abiding gun owners selected option No.6: ignore the law and defy its enforcement.

The 180-day period expired on December 11, and not a single magazine has been turned in to any local law-enforcement agencies, according to responses obtained from Ammoland’s John Crump: “Ammoland reached out to several local police departments in New Jersey to see how they plan on enforcing the ban, and [to learn] what the turn-in numbers have been [as of December 14]. Like the New Jersey State Police, none of these departments have a concrete plan on how to proactively enforce the ban, and none had a single report of magazines being turned over.”

The penalty for being found in possession of one of the newly offending magazines is stiff: It’s a felony, with punishment consisting of up to 18 months in jail, and up to $10,000 in fines, or both.

When gun-hating liberals in the Colorado enclave known to some as “the Peoples’ Republic of Boulder” passed a law banning possession of “assault weapons,” “high-capacity” magazines, and “bump stocks” last May, gun owners reacted similarly. The New American covered the story and estimated that law-abiding citizens living in Boulder owned approximately 150,000 now-offending firearms. They needed to be “certified”under the law’s grandfather clause by December 27 or fines and jail time would be applied to those newly minted miscreants. As of December 1, the Boulder Police Department had certified just 85 of them.

Lest law-biding gun owners reading this think that New Jersey or Colorado are a long way from where they live, and therefore they have nothing to worry about, they should consider the disheartening and threatening move by numerous states to inflict similar injury onto them through “red flag” laws. They should further consider what their response will be when law enforcement shows up at their front door, either wit a demand to turn over offending magazines or relinquish their firearms under an ERPO — an “Extreme Risk Protection Order” — now the law in more than a dozen states with another dozen or so considering such laws.

The New American has reported on the dangers of ERPOs. One individual, Gary Willis, a resident of Ferndale, Maryland, was confronted with such a situation at 5 a.m. in early November. He resisted and it cost him his life.

Local papers covered the incident.Willis was asleep early Monday morning, November 5 when two officers from Anne Arundel County knocked on his door. A law-abiding gun owner, Willis answered the door “with a gun in his hand,” according to a police department spokesman.They were there to serve him with an “extreme risk protective order” and remove his legally owned firearms.

According to a police department spokesman, Willis put his firearm down to read the ERPO but then, apparently recognizing that it wasn’t a legal search warrant issued by a judge in accordance with protections guaranteed to him by the Fourth Amendment to the U.S.Constitution but instead was issued by a local judge under Maryland’s newly minted “red flag” law, he retrieved his firearm.  

The spokesman said that Willis “became irate.” In the melee that followed, one of the firearms carried either by one of the officers or by Willis went off. One of the officers then pulled his own sidearm and shot Willis dead.

FlexYourRights.com has a 38-minute video on YouTube that helps gun owners who take the risk of such a confrontation seriously. For those interested in a lawyer’s take on how to respond, one could consider purchasing Tim Baldwin’s “Police Contact: How to Respond” in DVD format for $20. Says Baldwin: “If a policeman believes you are guilty, being innocent may not be enough to keep you protected. There are many innocent people incarcerated in America’s prisons, or worse. Unfortunately, citizens themselves often help bring on improper conduct [by police] through their own ignorance of the law.”

This writer endorses Baldwin’s explanation. which is designed, as he says, to “keep you out of jail — or out of the morgue.”

Such presentations may still leave unanswered the question of how to respond when a law-enforcement official comes to the door with a warrant that clearly violates or ignores the strictures put in place by the Founders in the Fourth Amendment. How should he then respond? That question needs to be answered long before the doorbell rings.

According to Crump, New Jersey law-enforcement officials either have no plan to enforce the magazine law or aren’t willing to discuss it. Those departments he quizzed refused to answer, or responded with “We do not discuss law enforcement strategies.” 

Many of the articles on Light from the Right first appeared on either The New American or the McAlvany Intelligence Advisor.
Copyright © 2018 Bob Adelmann