By Harold Pease, Ph.D.
The Democrat House of Representatives, Senate, and President just passed the Bipartisan Safer Communities Act—the greatest threat to the Second Amendment in decades. It enhances Red Flag laws and is virtually a gun control wish list. Senate vote favoring the bill was 64 to 34; 14 Senate RINO’s voted with the Democrats. Almost the same day the Supreme Court struck down a restrictive New York handgun permit law in a six to three ruling that required people to show to the government “proper” cause to get a license to carry a concealed handgun outside the home, declaring that restriction unconstitutional. Clearly the Legislative and Executive branches are knowingly and intentionally acting to violate the Constitution with this new law.
The Supreme Court in May 2021, Caniglia v. Strom et al., declared Red Flag laws unconstitutional (See “How Red Flags Violate the Constitution,” LibertyUnderFire.com, June 2022). The right of the people to “keep and bear arms,” our Founding Fathers boldly declared in the strongest language possible, “shall not be infringed.” Article V of the Constitution requires 3/4th of the states to change an amendment and enemies of the republic know that they cannot remove the popular 2nd Amendment so instead chose to defy the Court and Constitution.
Outside of disarming more civilians the most troubling part of the misnamed 80-paged new law is its violation of Amendment 6 requiring the accused “to have the Assistance of Counsel for his defense.” This is effectively removed leaving the accused to face the government alone.
Will the Democrats renounce the new law disarming more civilian Americans? Not likely!! Within a year it too will be declared unconstitutional by the same court on the same basis. In the meantime will they abide by the Supreme Courts latest ruling on self defense outside the home? Not according to NYC Mayor Eric Adams. “Nothing changes today, we cannot allow New York to become the wild, wild west” (X22 Reports, Ep. 2807B, June 23. 2022, 20:30). Mayor Lori Lightfoot of Chicago graphically unleashed on Clarance Thomas, author of the majority opinion. “F*** Clarence Thomas. He thinks that we will stand idly by while he takes our rights.” Nancy Pelosi, Speaker of the U.S. House, labeled “the Supreme Court an ‘extremist’ body that punishes the American people” (Ep. 2810B, June 27, 2022, 11:39 & 13:45).
The Department of Justice says they “respectfully” disagree with the Supreme Court’s ruling making it less likely they will enforce gun rights enthusiastically. (Ep. 2809B, June 26, 2022, 26:00). To hold office they must first pledge to abide by the Constitution. There is nothing respectful about publishing your objection to the Courts ruling—a ruling you are required to enforce. If not enforced a constitutional president would fire them immediately.
The next day after declaring New York’s anti-gun rights limitation unconstitutional, the Supreme Court reversed Roe vs Wade mostly on the basis that the word abortion was never in the Constitution to begin with. Justice Samuel Alito wrote the majority opinion. “We hold that Roe and Casey must be overruled. The Constitution makes no reference to abortion and no such right is implicitly protected by any Constitutional provision including the one on which the defenders of Roe and Casey now chiefly rely—the Due Process Clause of the Fourteenth Amendment. That provision has been held to guarantee some rights that are not mentioned in the Constitution, but any such right must be deeply rooted in this Nation’s ‘history and tradition’ and ‘Implicit in the concept of ordered liberty.’…The right to abortion does not fall within this category” (Ep. 2808B, June 24, 2022, 8:56).
Will the Democrats support the return of abortion to the states where it resided prior to 1973 and accept it as having been a usurpation of the Constitution emanating from raw judicial power in 1973? This protected practice has resulted in the extinction, as of June 25, 2022, thus far this year, of approximently 430,128 unborn humans in the United States alone, and since 1973 some 63,889,912. (USAbortionClock.com). Will they ever admit that they, as a political party, encouraged the killing of almost 64 million Americans?
To the first question, they have given their answer. Democrat Congresswoman Maxine Waters yelled, “To Hell with the Supreme Court, we will defy them!!” On the steps of the Supreme Court she shouted “that the Supreme Court’s decision to overturn Roe v. Wade is ‘illegitimate’ and calls for people to get ‘into the streets.’” Other Democrats called for a “Night of Rage targeting churches and other groups defined as anti-abortion” (Ep. 2808B, June 24, 2022, 5:30).
Different federal agencies are suggesting that they will refuse to honor any state laws refusing to allow abortion access., The Pentagon has stated that “any abortion laws enacted as a result of the Supreme court’s decision will not be recognized” by them. Dane County District Attorney Ismael Ozanne in a news statement announced he “will not enforce Wisconsin’s abortion ban.” Merrick Garland’s Department of Justice said that the Department “‘strongly disagrees’ with the Supreme Court overturning Roe v. Wade, warning states about bans of the ‘abortion pill.’” (Ep. 2809B, June 26, 2022, 17:00 & 26:00) Not a single person in either agency has authority to defy.
Those wanting a constitutional change can still have it but again, they must go through Article V of the Constitution. The enemies of the republic know that they cannot muster enough support—thus the insurrectionist call to defy the Constitution, appealing instead to violence.
Will the executive and legislative branches now defy the Constitution? They clearly answer in the affirmative. This has been standard practice for both branches for many decades but it is encouraging to see the Court moving closer to the Constitution as written, as intended.
(Column 669 on current events and the Constitution).
Dr. Harold Pease is a syndicated columnist and an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He taught history and political science from this perspective for over 30 years at Taft College. Newspapers have permission to publish this column. To read more of his weekly articles, please visit www. www.LibertyUnderFire.org.