Creating unintended consequences

July 7, 2010 12:00 AM

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George Mason wrote the Second Amendment and said: “what is the militia? It is the whole people, except for few public officials.”

With that in mind, “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.”

How did any court interpret that to mean a gun ban is acceptable?

Let’s pretend we’re talking about one of the Second Amendment’s sister rights spelled out in the Bill of Rights. Could you imagine any local city or state saying they will fight against the First Amendment and deny the people those rights? I could almost feel the outrage when people are forced to register their opinion and wait for approval from the city before opening their mouths in public. What would happen if you had to have a permit from the city of Santa Monica to write an article or a column?

Some of you may think it would be in the public good to require me to put a lock on some of my ideas, or have to attend some sort of official training before I can submit an article to my wicked good editor “Super K.” The founding fathers were a bunch of gun toting, God fearing, religious, businessmen types, and they figured out how to create a form of government that didn’t require a dictator or a king. The idea they came up with that was so special is the idea of individual rights. The world laughed at America like adults watching children at play. God’s chosen leaders from royal courts laughed at us and said we’d fail because they knew what was best for us.

Individual rights is what makes our Independence Day so special. Before we had those rights, we had kings. Kings owned everything in the kingdom, including the people. He allowed these people to stay in the kingdom as long as they did something useful, gave him profit, followed his rules and stayed out of trouble. If the king wanted to kill someone without trial, give cruel or unusual punishments, search and seize property, stop people from speaking, station troops in homes or prevent the locals from bearing arms, it was his right. Our founding fathers purposely created all of the rights in our Bill of Rights to work in concert to keep Americans free from future tyrants and dictators.

The lower courts have been actively ignoring the founding fathers’ intent for decades, but now they have their sights set on the highest court. Like kings inspired by God, they know best what is good for us. That’s why Elena Kagen was selected as our president’s choice for the Supreme Court. Every justice on the court today served as a judge for many years before they took the job on the Supreme Court. This is not a Republican or Democrat issue. The important issue is, she has no courtroom experience as a judge, and only 17 hours as a courtroom lawyer! This precedent means next time a Republican president can pick the CEO of British Petroleum for the court. Are you telling me we can’t find a female judge who didn’t go to Harvard, and didn’t work for Goldman Sachs? Hey Democrats, aren’t you just a little curious as to why a person with no experience is being allowed to become one of the highest judges in the land?

The Commonwealth v. Runyan ruled the type of gun lock used in the Heller case is not the same brand as the lock required in Massachusetts. Last week’s McDonald v. Chicago told the lower courts that the Second Amendment and the Heller ruling apply to the states just like the rest of the Bill of Rights. Both Chicago and Massachusetts have already openly defied the court and are using new creative ways to deny a Constitutional right of the people.

What they don’t know is this behavior has only galvanized those that live in 40 out of 50 states that passed “Shall Carry” laws. They are moving to amend the Constitution with a Shall Carry Amendment before they inevitably loose their rights to the coming activist court. They have a three-fourths majority of states, and only need to pass the amendment with a simple majority in each state legislature. That idea is gaining steam quickly and does not require Congress, the president or the court’s approval. Only 38 state legislatures are needed to pass the “Shall Carry” amendment with a simple majority. Our founding fathers gave states equal rights to prevent New York, Massachusetts, Illinois and California from ruling America.

A referee and a judge should never be liberal or conservative. Our judges should have experience in the job, understand the rules and not make the rules. That is the job of our representatives. When a “Shall Carry” amendment passes, and the people of Santa Monica are forced to allow people to walk around with a firearm, just remember that it happened because we allowed our courts to be used as political tools to undermine our Constitution. Instead of compromise, those that pushed for an extreme ban at all costs will end up getting the opposite.

David Alsabery is a Republican CSPAN junkie and all around nice guy. He can be reached at alsabery@gmail.com.

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