Dutiful Commissioners, Honorable Representatives, Senators, and Governors, and Venerable Law Enforcement Officers of The United States of America:
The observation of many bills circulating in the House of Representatives, and even the US Senate, which are set to encroach on our Constitutional Right to bear arms, is alarming. Making it harder for good citizens to arm ourselves impedes our right to protect ourselves, whether from criminal perpetrators or from a tyrannical government, as criminals and tyrants will always find their weapons.
We urge you not to put our law enforcement agencies in a position where they will need to decide between their employment and their sworn duty; an impasse where morality and security become a weighed decision. The Right to Bear Arms is a natural Right, not a Privilege. We urge you to not only remember but also re-acclimate to our Bill of Rights of the Constitution of the United States.
We The People require that you to place these findings before our Legislators, support them and our 2nd Amendment, no matter the State, County, or Territory in which you are located. We The People will consider your views and actions, especially your vote, in determining our decision to vote for you in the next election cycle. Your response is appreciated, preferably in the form of a press conference with the following title:
“Regarding the Recent Encroachments on our Constitutional Rights”
We the people of the United States of America find and declare:
Acting through the United States Constitution, Our Country’s Founders created government to be their agent in the exercise of a few defined powers, while reserving to the citizens the right to decide on matters which concern their lives, liberty, and property in the ordinary course of affairs;
We The People recognize Boyd v. United States, 116 U.S. 616 in that “It is the duty of the courts to be watchful for the Constitutional rights of the citizen and against any stealthy encroachments thereon. Their motto should be obsta principiis.”
We The People read, as written, the 2nd (Second) Amendment of the Bill of Rights of the United States Constitution, “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.
We The People read, as written, the 4th (Fourth) Amendment of the Bill of Rights of the United States Constitution, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
We The People read, as written, the 10th (Tenth) Amendment of the Bill of Rights of the United States Constitution, “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.
We The People cite 18 U.S. Code § 242 Deprivation of Rights Under Color of Law which reads, “Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.”
We The People recognize 16 American Jurisprudence 2d, § 177: “The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land. The U.S. Constitution is the supreme law of the land, and any statue, to be valid, must be in agreement. It is impossible for both the Constitution and a law violating it to be valid; one must prevail. This is succinctly stated as follows: The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it. An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it purports to settle just as it would be, had the statute not been enacted.”
We The People remember The Author of Our Declaration of Independence and Our Third United States President, Thomas Jefferson, “Laws are made for men of ordinary understanding and should, therefore, be construed by the ordinary rules of common sense. Their meaning is not to be sought for in metaphysical subtleties which may make anything mean everything or nothing at pleasure.”
We The People recognize the cases Bonnett v. Vallier, 116 N.W. 885, 136 Wis. 193 (1908); and Norton v. Shelby County, 118 U.S. 425 (1886) where it was found, “The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void and ineffective for any purpose, since its unconstitutionality dates from the time of its enactment… In legal contemplation, it is as inoperative as if it had never been passed… Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no right, creates no office, bestows no power or authority on anyone, affords no protection and justifies no acts performed under it… A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing law. Indeed insofar as a statute runs counter to the fundamental law of the land, (the Constitution) it is superseded thereby. No one is bound to obey an unconstitutional law and no courts are bound to enforce it.”
We The People read, as written, Section 1 of the Fourteenth Amendment to the Constitution of the United States of America, which states, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
We acknowledge The Supreme Court of the United States recognized in “McDonald v. City of Chicago” that the Second Amendment to the Constitution was incorporated by the Fourteenth Amendment and thereby made applicable to the States;
We The People recognize Justice Thomas M. Cooley in the “People v. Hurlbut” 24 Mich. 44, page 108 (1871), which states: “The State may mould local institutions according to its views of policy or expediency: but local government is a matter of absolute right; and the state cannot take it away”;
We recognize the United States Supreme Court in “Printz v. United States”. The Court held: “The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program.”
Therefore, the right to keep and bear arms is a fundamental individual right that shall not be infringed; and all local, state, and federal acts, laws, orders, rules or regulations regarding firearms, firearms accessories, and ammunition are a violation of the Second Amendment.
We The People of the United States of America
- Court Listener (2020). Boyd v. United States, 116 U.S. 616 (1886). Retrieved from https://www.courtlistener.com/opinion/91573/boyd-v-united-states/
- US Senate Official Website (2020). US Senate: Constitution of the United States; Amendment II. Retrieved from https://www.senate.gov/civics/constitution_item/constitution.htm?vm=r#amdt_2_(1791)
- US Senate Official Website (2020). US Senate: Constitution of the United States; Amendment IV. Retrieved from https://www.senate.gov/civics/constitution_item/constitution.htm?vm=r#amdt_2_(1791)
- US Senate Official Website (2020). US Senate: Constitution of the United States; Amendment X. Retrieved from https://www.senate.gov/civics/constitution_item/constitution.htm?vm=r#amdt_2_(1791)
- GovInfo.gov (2018). TITLE OF PAGE. 18 U.S. Code § 242 Deprivation of Rights Under Color of Law. Retrieved from https://www.govinfo.gov/content/pkg/USCODE-2018-title18/html/USCODE-2018-title18-partI-chap13-sec242.htm
- Freedom-School.com (2020). From the 16th American Jurisprudence, Second Edition, Section 177. Retrieved from https://www.freedom-school.com/acceptance/from-the-16th-american-jurisprudence.pdf
- vlex.com (2020). 116 N.W. 885 (Wis. 1908), Bonnett v. Vallier. Retrieved from https://case-law.vlex.com/vid/116-n-w-885-630722382
- Justia US Supreme Court (2020). Norton v. Shelby County, 118 U.S. 425 (1886). Retrieved from https://supreme.justia.com/cases/federal/us/118/425/
- Straub, Steve (04/07/2011). Thomas Jefferson, letter to William Johnson, June 12, 1823. Retrieved from https://thefederalistpapers.org/founders/jefferson/thomas-jefferson-letter-to-william-johnson-june-12-1823-2
- US Senate Official Website (2020). US Senate: Constitution of the United States; Amendment XIV (1868). Retrieved from Section 1 of the Fourteenth Amendment to the Constitution of the United States of America https://www.senate.gov/civics/constitution_item/constitution.htm?vm=r#amdt_14_(1868)
- SupremeCourt.gov (2010). 08-1521 McDonald v. Chicago (06/28/2010) – 08-1521.pdf. Retrieved https://www.supremecourt.gov/opinions/09pdf/08-1521.pdf
- Everything.Explained.today (2020). Tom M. Cooley Explained. Retrieved from https://everything.explained.today/Thomas_M._Cooley/
- Legal Information Institute (LII) (06/27/1997). Printz v. United States (95-1478), 521 U.S. 898 (1997). Retrieved from https://www.law.cornell.edu/supct/html/95-1478.ZO.html
- US Senate Official Website (2020). US Senate: Constitution of the United States. Retrieved from https://www.senate.gov/civics/constitution_item/constitution.html
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