Lawmen Must Enforce "Constitutional Law", Not Outlaw Legislation
By
Sergei Borglum Hoff
(Former law enforcement officer)
sparwood@earthlink.net
Supreme Court Chief Justice Marshall proclaimed that
"any act of the legislature, repugnant to the
Constitution, is void"
1803, Marbury vs. Madison.
Questions regarding the "First Law of Nature" (the human right of self-defense) were resolved at the time the Second Amendment,
principal defender of our Bill of Rights, was ratified on December 15th, 1791. Accordingly, law and commonsense should render
further discussion respecting the absolutes of self-defense as unwarranted. However, as this primary instinct is now under a vicious
attack by Socialist activism, a plan of rational reaction is in order.
To the men and women who are outraged by the incremental theft of their cherished liberties, this essay will be of interest. Some,
who are well meaning yet clearly misinformed might also profit by proceeding. For the others who are indifferent, faint of heart or
content with the social engineering of their lives by an oppressive nanny-state, they will not benefit by reading
further. Because of an inability to direct and accept responsibility for their own lives, these bewildered individuals have by
now blended into the flock, heading towards the precipice. Until the grazing meadows of sweet-grass are taken from them, they will
not stray.
The Constitution was conceived for the enumeration of legitimate authority and limitations of federal government, states and the
people. Justly restrained, government has no constitutional authority, in any degree or manner, to infringe upon our unalienable,
Second Amendment rights of self-protection. Rebellious of this embarrassing yet straightforward and unalterable Second
Amendment, our elected officials have enacted treasonous and unconstitutional legislation, placing millions of men, women and
children in jeopardy.
Whether or not the majority of citizens believe in the right of the people (individuals) to keep and bear arms is irrelevant to the
application of constitutional law. Intentionally disregarding degrees of social and political popularity, the Constitution equally
protects the rights of every individual. Like it or not, this is a nation of laws and not men. We do not consider the political
correctness of "Socialism" (endorsed by liberal Democrats and many so-called moderate Republicans) or polls of public opinion in
order to determine which unalienable, constitutional rights government shall permit the people to exercise. We are dependent upon
"Constitutional Law" for such judgments. Not any individual or faction has ever been blessed with the luxury of picking and choosing
which "Article or Amendment" is more convenient and adaptable to their self-serving needs. The Constitution must be accepted
logically, with honesty and in its entirety.
Federal court decision: "A state cannot impose a license, tax or fee on a constitutionally protected right. Murdock vs.
Pennsylvania 319 US 105 (1942)." For those who rely on law and commonsense, the possession of firearms is clearly "a
constitutionally protected right". Regardless of this truth, most states require a citizen to pay a "fee" (registration or background
check "fee") in order to obtain a "license" (concealed carry "license") before keeping and/or bearing a firearm. And, a federal and/or state "tax" (firearms and ammunitions sales "tax" or machine gun "tax" collected by the BATF) is always levied at the time of
firearm transaction.
Supreme Court decision: The U.S. Supreme Court broadly and unequivocally held that requiring licensing or registration
of any constitutional right is itself unconstitutional. --Follett vs. Town of McCormick, S.C., 321 U.S. 573 [1944] This rather
settles the question concerning the unconstitutionality of licensing, taxation or registration of a constitutional right.
NOTE: "Webster's University Dictionary - Infringed: 1. To violate or go beyond the limits of (e.g., a law). 2. To break (a
law or agreement); fail to observe the terms of: violate. 3. To defeat: invalidate. - To encroach upon something.
Infringement: 1. A violation, as of a law or agreement. 2. An encroachment, as of a privilege or right". Old Noah
Webster must have experienced a prophetic dream prior to publishing these definitions.
Unrelentingly, armed lawful men and women are harassed beyond reason and commonsense with infringing, illogical and asinine
gun control laws (forbidding self-defense). In their incremental efforts to abolish all guns, our corrupted government and
dishonorable politicians are doing precisely what the Constitution forbids. If the 20,000 (plus) federal and state gun laws (fact) do
not flawlessly illustrate Webster's definition of infringed, then no other repressive or invading action will. Within the world of
authenticity, our gun laws remain as insidious acts of infringement and severe violations of constitutional law. Contrary to the
standards and intent of the United States Constitution and Bill of Rights, these so-called "gun control laws" should not logically be
perceived as "laws" but instead, as acts of "outlaw gun control legislation". Acts, by the Legislature, which are indeed repugnant to
the Constitution. These unconstitutional legislative and judicial illegalities represent direct and treasonous assaults upon the men,
women and children of this nation and our sovereign "Constitutional Republic".
The Second Amendment has been assailed on countless occasions. Mesmerized by visions of United Nations utopianism (world
government), our sovereign government refuses obedience to constitutional law. Contemptuously, legislators defile constitutional
principles with blatant violations of the most fundamental commandment, "the right of the people (people = persons = individuals,
never defined as a state) to keep and bear arms shall not be infringed".
Contrary to "Socialist" propaganda, our Founding Fathers did not place limitations on the possession of arms - "(after receiving a
concealed weapons permit), the right (limited by 20,000 state and federal gun laws) of the people to keep (inside their perilously
unhandy gun safes) and bear arms (of specific description and registered with the Department of Justice and equipped with
trigger safety locks, rendering the weapon useless for self-protection) shall not be infringed (unless feel-good solutions, opinion
polls and Congress deem additional oppressive and unrealistic restrictions appropriate to their self-serving political needs)".
As a former law enforcement officer of many years, I can state with credibility that guns save innocent lives far more often than they
kill. Law enforcement documentation also indicates that there are over two million lives saved by guns each year (facts, never
disclosed in the local or national media). In opposition to this truth, I have heard many anti self-defense advocates say that they
only want "reasonable restrictions" on gun ownership. That is of course, "for the sake of our children". My question is, does the
number of 20,000 standing gun control laws appear to be "reasonable restrictions" to anyone other than a deceitful politician or an
imbecile?
Each day, they rape the Constitution and molest our unalienable rights. Our disingenuous Legislators and Supreme Court Justices
belittle and dishonor the memory, intent and integrity of our Founding Fathers. These self perceived ethical scholars of law have
bastardized the Constitution with their convoluted and ambiguous interpretations of our unequivocal "Bill of Rights". Virtue by virtue,
liberty by liberty, our Constitutional Republic is being systematically eroded away. It is they who are the most corrupting of outlaws!
The germane question is, would the peoples of China, Cuba, Nazi Germany (Holocaust survivors know the answer), Soviet Russia,
Kosovo, Chechnya and so on, have become victims of rape, torture and genocide, had the citizenry been well prepared with
handguns and assault weapons (the real thing, fully automatic) for self-defense? With adequate weaponry at hand, along with an
appropriately defensive attitude, the numbers of casualties certainly would not have counted into the millions.
Unarmed, we are all vulnerable to tyranny. In truth, it is occurring to this day. Irrespective of ongoing governmental attempts at
deception (BATF , FBI, sniper Lon Horiuchi, Senator Danforth and Federal Judge Walter Smith), the federally sanctioned mass
murder of over eighty men, women and children (shot or burned to death) at Waco and a young innocent boy (shot in the back) along with his infant bearing mother (shot in the face while nursing her baby) at Ruby Ridge, should serve as profound examples
demanding a well-armed citizenry. As a consequence of militarism (utilizing such lethal equipment as machine guns, tanks and
noxious gases, proper for conventional warfare but not paramilitary assaults upon U.S. civilians), now being discovered within the
ranks of our federal, state and local police forces, freedom inspired armed citizens must hold these audacious agencies in check.
Street-wise criminals and the insane are not the only threatening elements within our society requiring constant vigilance and
preparedness. Dismissing firm and decisive actions to rectify government atrocities assures us of further tyranny. Refusing to
defend self and family by the most effective means possible, not only is an omission of unnatural cowardice but such inaction
demeans God's gift of life.
Supreme Court decision: 1803, Marbury vs. Madison, Supreme Court Chief Justice Marshall proclaimed that "any act of the
legislature, repugnant to the Constitution, is void". Supported by his proclamation, any law or legislative act that attempts to
deprive law-abiding citizens of their Constitutional rights is itself illegal and void.
Lawmen are obliged to discern "Constitutional Law" from outlaw legislation. On all occasions, conscientious police officers must
refuse to enforce laws, which are egregiously unconstitutional (Confiscation of Constitutionally protected firearms from honest fellow
citizens). The success of law enforcement is dependent on the goodwill of the people and a peaceful community is the result of an
equal partnership between police and citizenry. Without reciprocal confidence, the consequences will be minor acts of
dissension escalating into mass rebellion. Police are compelled to serve only the people and have no other master.
Demand from your legislators that they cease their unconstitutional assaults on the American people. If your elected officials
refused to obey and defend the Constitution of the United States then vote the traitors out of office, for they are nothing
less. Elected and appointed officials who with intent, actively attempt to subvert the Constitution of the United States, must be
impeached, prosecuted, convicted and imprisoned for acts of high treason against the people of this nation. Contemplation of
leniency for crimes of such far-reaching and destructive consequences is unconscionable.
Self explanatory: In 1856, the U. S. Supreme Court ruled that local law enforcement had no duty to protect individuals but
only a general duty to enforce the laws. South vs. Maryland, 59 US (HOW) 396, 15 L. Ed. 433 (1856). A U. S. Federal
Appeals Court declared in 1982, "There is no constitutional right to be protected by the state against being murdered by
criminals or madmen." Bowers vs. devot, U. S. Court of Appeals, 7th Circuit 686 F. 2d 616 (1982).
The reality is that you have no right to demand of anyone to risk his or her life in the defense of yours. Obviously, preserving your
life is a very personal endeavor requiring sound judgment. Make no mistake! Anyone, regardless of ignorance or intent, who
deprives you of the means or ability to defend the lives of yourself and family is your enemy and must be consciously and
continuously perceived as such. All anti self-defense activists are as deadly a threat to you and your family as any uncontrolled
violent criminal or psychopath. Their actions contributing to the same result, government along with many politicians (Clinton,
Lieberman, Schumer, Feinstein, Kennedy, Daschel, on and on) and street-wise criminals must all be held accountable for the
thousands of men, women and children whose lives are lost to felonious assaults each year.
Because of their ceaseless and malicious distortion of gun related facts, many members of the liberal news media are morally
responsible for these horrific losses. Knowing full well that women are far more vulnerable than men to violent assault, the feminist
movement (NOW) is quite negligent by refusing to encourage the arming of their supporters for self-defense. If they were sincere in
their concern for the welfare of women they would certainly do so. If recorded on paper, acts of hypocrisy by the ACLU would fill
volumes.
How many elected officials venture outdoors without the security of an armed bodyguard standing at their side? Are any of their
lives more valuable than your own? Can you afford to retain the same quality of protection for yourself and family? Dialing 911 will
not assure your safety. Although in most cases they are willing to assist, police usually provide an after-the-incident response.
After the damage is done, they will always be there to investigate your homicide or rape.
Bureaucrats defiantly and unconstitutionally refuse to permit all honest citizens from exercising the "First Law of Nature". Covertly,
government is aiding and abetting the most sadistic malcontents of humanity, the psychopaths and violent criminals within this
nation. Indeed, along with President Clinton and his appointed scoundrels, the blood is also on the hands of many other elected
officials. Not only have they violated their oaths of office but actively subvert the Constitution of the United States.
Our Founding Fathers did not endure the abuses of a tyrannical government (England) and learn nothing. Their goal was not to
create a document of government sanctioned privileges, to be allotted out by contemporary miscreants in office. Ingeniously, they
instead provided us with the "Bill of Rights" which is intended to limit government. Not the people! They protect our Creator
bestowed rights and further affirm the "First Law of Nature". Without question, our elected officials have illegally far exceeded the
authority of their office.
The establishment of our Constitution demanded a display of courage and independence by a well armed citizenry. Its continued
integrity will necessitate the same. Look around you. Be observant! Question all actions of government and propaganda by the
bias news media (dependent on distortions and sensationalism for high ratings rather than facts). Our freedoms remain in peril to
this day. It will require more than indifference, complacency or fear to sustain your liberties.
As for myself, I am an ordinary, lawful American citizen who has witnessed for the past thirty years, the systematic, ruthless and
devastating erosion of our liberties by a government behaving in an unconstitutional and corrupt manner. The bottom line is that I
shall not tolerate further infringements on my unalienable rights. Coexisting in harmony with liberty, my Second Amendment rights
are not to be compromised. Regarding independence of thought and action, I have never pledged fidelity to any militant cause,
religious doctrine or political party. I will, however, defend with dedication and ferocity, the principles and intent behind the United
States Constitution. I am a former Deputy Sheriff and have participated in hundreds of criminal investigations including armed
robbery, felonious assault, homicide, rape and child abuse. Having tired of the despair related to this profession, with pleasure, I
now indulge in the sculpting of wildlife, nudes and portraiture.
My final question is, when will "WE THE PEOPLE" of this nation awaken to reality and reclaim our constitutional authority? Without
detour, we are rapidly approaching the point of no return. Do give it some thought!
"They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
---Benjamin Franklin, Historical Review of Pennsylvania, 1759.
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