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Usurpations Mount

Bill of Rights Day a good time to reflect

How much rollback might a new administration bring?

People who argue that all gun laws are infringements are completely off base. Yes, laws that criminalize mere possession of firearms typically usurp power government is not rightfully delegated, and should not rightly have. Possession of private property is not and should not be grounds for arrest. You're supposed to do something harmful before an arrest occurs. That might get fixed, if Constitutional Carry moves forward.

But a person legitimately arrested can have all weapons removed, the same for people in jail, without infringement. Five-year-olds can't walk into gun stores and buy arms. Use of weapons in commission of crimes increases the crime and its punishment. Arming a vessel of an enemy nation is a criminal act. These laws are legitimate. Review how some gun laws ought to change here (model legislation): Do not expect all gun laws to simply go away, even if you believe the new boss is a gun-lobby lackey (he's not). That would be idiotic.

True usurpations, and this is not a complete list, the ones that have our system running out of control, are where government is operating because some folks think it would be good (or seek power), but there is no legitimate delegated authority to act. It's what we used to call a government of limited delegated powers. To the extent the president or Congress or even the courts have not remained within those constraints that usurpation rules our lives. And no one is prepared to shoot the perpetrators for the usurpations, as the Declaration describes.

We go to war without an act of Congress, a complete travesty, total violation of our charter and morality, full abandonment of the Constitution. It empties our treasury, kills our people and others, creates enmity on a global scale, and ignores any semblance of rule of law. The Department of Education has no authorization in the Constitution, along with the Departments of Energy, Environment, Agriculture, Health and Human Services, and half the others which have been delegated legislative authority disguised as "rule making." Books have been written about the extent of that debacle.

Appointments to the Supreme Court are made to satisfy ideology -- surely you know that's not right. Oh sure, it's so much better when your side picks the approach, and the other side gets stiffed. You know the other side feels outraged about that -- and that was almost you -- but both sides are wrong on that. To top it off, Congress is supposed to exercise control over it (Art. III, Sec. 1, cl. 2: "...with such Exceptions, and under such Regulations as the Congress shall make." They have abdicated their power to keep the whole thing in check like they're supposed to.

Do not believe the "news" media when they say the High Court is deadlocked at four to four. That is a decision. It means they decide to let the court below settle the case, and the settlement only applies to a small area of the country -- that Circuit only. The rest of the nation is free from the decision. Not bad, really, federalism at work. There's value in that. An even number of Justices (eight) means that overruling the locals requires a five to three majority (62.5%), a nice break from one-vote policy decisions we've been enduring (55.5%).

Does anyone expect the new boss to do anything differently than the old boss? Chill the euphoria for a few moments and remember where things were before Nov. 8, OK?


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About the Author

  • Freelance writer Alan Korwin is a founder and past president of the Arizona Book Publishing Association. With his wife Cheryl he operates Bloomfield Press, the largest producer and distributor of gun-law books in the country. Here writing as "The Uninvited Ombudsman," Alan covers the day's stories as they ought to read. Read more.

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