Oct 14, 2019 | Constitution, Liberty Articles
Harold Pease, Ph. D
Constitutional instructions for impeaching a president of the United States are very specific. Actually, reading the Constitution should easily put to rest the proposed impeachment of President Donald J. Trump. His enemies obviously have not done so.
Impeachment means tried by the U.S. Senate for treason, bribery, or other high crimes and misdemeanors whether found guilty and removed or acquitted and remain in office. It begins in the House of Representatives who formulate the alleged charges then passes to the Senate for trial.
In the case of Trump the Democrats called for his impeachment before he took the oath of office, before he made a single decision as president, or nominated a single cabinet member. Enemies began immediately searching for a crime. All other impeachment proceedings began first with a specific crime—Trump’s was being elected.
The “crime” for Andrew Johnson was his violation of the Tenure of Office Act which Congress had just passed requiring him to first get their permission before removing a cabinet member. To test the constitutionality of what is now common practice, Johnson fired Edward Stanton as Secretary of War. Johnson was accused by the House but spared conviction in the Senate. So, the impeached (tried) president remained in office.
Richard Nixon was never impeached because, although accused by the House, he was never tried by the Senate. He resigned the presidency before the charges of the House could be hand delivered to the Senate for trial. The“crime” hinged on his alleged cover up of the break-in of the Democratic Party national headquarters at Watergate. These would have included obstructing justice, abuse of power and contempt of Congress. But he was never tried, thus not impeached.
For Bill Clinton the “crime” was “high crimes and misdemeanors.” The specific charges were lying under oath (perjury), abuse of power, and obstruction of justice; charges that stemmed from a sexual harassment lawsuit filed against Clinton by Paula Jones. The senate did not come to the necessary 2/3 majority, so he was acquitted (Art I, Sec. 3, Cla. 6). Tried (impeached), like Johnson, but not removed from office.
Who formulates impeachment charges? The Constitution reads: “The House of Representatives … shall have the sole Power of Impeachment,” (Art. I, Sec. 2, Cla. 5). The people placed him in power and their representatives—the House—alone initiates and formulates the charges for his possible removal. But formulating the charges does require a favorable vote of the full House.
Who tries the charges? “The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath…” [to support the Constitution and tell the truth].
Who presides at the trial? “When the President of the United States is tried, the Chief Justice [presently John Roberts} shall preside.” (Ibid. Sec. 3, Cla. 6).
But a president can be removed for only four reasons. “The President… shall be removed from Office on Impeachment for, and Conviction of Treason, Bribery, or other High Crimes and Misdemeanors.” (Art. II Section 4). Can we remove a president we simply do not like? Only in the next election.
What are the charges against Trump? His enemies first tried treason, “he’s a Russian spy.” That failed! What about bribery? That’s hard when he gives to charity his monthly salary. Then collusion and obstruction of justice under “high crimes,” those failed too. How about adultery with Stormy Daniels and others? But that was before his election and John F. Kennedy and Bill Clinton did adultery as presidents in office, Clinton even with an intern in the Oval Office, and that was not enough to call for his office. Adultery effectively erased less serious charges essentially removing from the Constitution misdemeanors as impeachable offenses.
Enemies then tried the 25th Amendment, containing a provision that allows for the forceful removal of a sitting president who cannot physically continue to serve. They tried, he’s crazy therefor unfit for office, Rod Rosenstein offering to wear a wire to entrap the president. They could not find a cabinet member to so state. About 15 different accusations, all backfired—even the The Mueller Report. For three years our hostile establishment and Democratic news outlets never let up. Within weeks, the Russian Hoax was replaced with the “Ukrainian Hoax” but the promised Quick Pro Quo could not be found. Still no impeachable offenses.
If the intelligence community went rogue with a coup to undo the 2016 presidential election, which we have documented in previous columns, it is Trump’s absolute duty to take this story to its original source, in the Ukraine in 2016, for complete exposure so it never happens again for any president of either party. The Constitution requires it. “He shall take Care that the laws be faithfully executed” (Art.II, Sec. 4). As does his oath of office: ”I do solemnly swear…that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States” (Art. II, Sec. 1, Cla. 8).
So impeachment does not necessarily mean removal from office as Johnson and Clinton finished their terms. Nor will it for Trump. He will be acquitted for the same reason as Clinton—partisan politics—and likely will be reelected as no crime has been established.
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.LibertyUnderFire.org
Sep 23, 2019 | Constitution, Liberty Articles
By Harold Pease, Ph, D.
While many on the left are presently tripping over themselves to advance socialism in the United States, it might be well to remember that this philosophy has been responsible for more death than any other in world history. What are the numbers? It is hard to really know. Socialist and liberal organizations never disclose such and never support any objective research to know as it undermines their hope of “advancing” socialism in the United States.
Democratic Congressman Larry McDonald of Georgia entered into the Congressional Record April 2, 1979, p. E 1458, the numbers as reported by Figaro magazine Nov. 1978, as 143 million lives lost since 1917. It broke this number into categories. The human cost of communism in USSR, 1917 to 1959, under Vladimir Lenin and Joseph Stalin was 66,700,000, that of the USSR from 1959 to 1978 was 3,000,000 minimum, and that of China 1949 to 1978 at 63,784,000, all but two years under Mao Tse-tung. Another 2,923,700 Germans civilians were killed during expulsions of 1945 and1946.
Following World War II “freedom fighters” rose in resistance to socialism in East Berlin, Prague, Budapest and the Baltic states between 1945 and 1975 but the price was very heavy; 500,000 were slaughtered by the socialists. Death by socialism was experienced in communist aggression in Greece, Malaysia, Burma, Korea, Philippines, Vietnam, Cuba, Africa and Latin America. The report attributed 3,500,000 deaths in these areas combined.
But the highest per capita deaths occurred in Cambodia where 2,500,000 of a total population of 7,000,000 were executed by socialist leader Pol Pot between 1975-1978. One of every three people did not have the right to live and died in the “killing fields,” their bones scattered throughout Cambodia.
Chairman Mao Tse-tung, a favorite of the American left, exterminated 1,176,000 his first year. Death by socialism did not let up after initial enemies were destroyed. “Fourteen million Chinese were eliminated in the first five years of Maoism.” He came to power in 1949 and died in 1976. He was the greatest mass murderer in human history at 63,000,000 followed, in order, by Joseph Stalin between 40,000,000 and 60,000,000, Adolf Hitler at 6,000,000 Jews and 5,000,000 other undesirables, 11 million Germans total, Nikita Khrushchev at 11,000,000 (starving his own Ukrainian people), Pol Pot at 2,500,000 and Vladimir Lenin at 1,861,568—all socialists. Perhaps Ghengis Khan could compete for third place. He is credited with 40 million but real documentation as to numbers is impossible to verify 800 years back.
These numbers, consistent with others at the time, vary as to how personally involved each dictator was in the killings. Hitler did not kill anyone but his policies resulted in the death of millions. Khrushchev’s 11 million are not attributed to him but to Stalin as he was working under his direction. Comparatively, Fidel Castro only killed 15,000 but most of these were firing squads at his direction.
Socialists and liberals prefer lower numbers and make the issue about accuracy of the numbers rather than socialism’s horrific death history. To appease them let us cut this horrifying number, 143 million murders due to socialism, in half. It remains horrific.
That Congressman Larry McDonald would share the numbers provided in Figaro magazine is interesting as he himself was also killed by socialism in the Korean 007 Airliner crash of 1983. All 269 passengers and crew were killed. Some believe socialist dictator Mikhail Gorbachev responsible. McDonald and Senator Jesse Helms, the two leading opponents of socialism in Congress at the time, were traveling together on the same plane from New York to Anchorage, Alaska to Seoul, Korea—a tempting soviet target. Finding a friend in Anchorage, Helms decided to take a second plane to Seoul leaving thereafter. He sent an aid to get McDonald, napping on the plane, to switch also but the aid decided not to awaken the Congressman leaving him to be yet another socialist casualty.
These figures do not cover death due to socialism the last 41 years mostly because of two factors. The first, the more violent nature of socialism has been rejected by most of the world as expressed by the fall of the Berlin Wall, and thereafter the fall of the Soviet Union in 1991. Still, there have been violent socialists revolutions in Nicaragua led by Daniel Ortega in the 1980’s, Ethiopia, Bosnia and Herzegovina in the 1990’s and more recently Nicholas Maduro in Venezuela. Each have led to extreme economic hardship—even the people eating out of garbage cans—tyranny and death. Over 101,000 died in Bosnia, mainly Bosniaks, in the first example of ethnic cleansing since World War II.
The second, the United States maintains over 800 military bases throughout the world sufficient to deter any would be mass murders as seen in the 20th Century. We are the world’s policemen.
Tyranny lies at the heart of socialism ready to spring forth without warning to its most violent form. The Constitution, when followed, protects us from socialism. It recognizes natural law and individual rights and places limits on the government. Under socialism no such protection from total government exists. Once a society believes that the wealth of their neighbor belongs to them, it will never be expunged. We are close. If the United States falls to socialism who will protect us and the world from it? No one!!!
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.LibertyUnderFire.org
Sep 16, 2019 | Constitution, Liberty Articles
By Harold Pease, Ph. D
This Tuesday, September 17, is Constitution Day, arguably the most forgotten designated day in America. The mainstream media will say nothing of it. No parades or city council proclamations. No three-day weekend, beer busts or barbecues in its favor. It is as though it never happened. Probably not one in ten can tell what happened this day in 1787; it has been forgotten so long.
Still, this day the Constitutional Convention ended and the Constitution was sent to the states for ratification thus institutionalizing liberty in America more fully. This positively affected everyone in the United States and is probably the most important day in our history—so special, millions flood our borders illegally to benefit from it.
For nearly six thousand years of recorded history governments, best described as regimental, dominated man. Only for a few fleeting moments in the past has individual man had anything to say concerning the restrictions leveled on him. Under an occasional benevolent monarchy or an unconcerned king, man has, in rare instances, been left to himself and thus somewhat free. And, even more rare were the instances when as in Athens, Rome or at Runnymede, the people, sometimes through persuasion and often by force, instituted changes allowing individual freedom to flourish for a brief time. Our experiment with liberty was one of them.
Still, until 1787 man did not know how to harness government. Liberty is, in fact, freedom from excessive government and the biggest enemy to individual liberty is, and has always been, government. But the Constitutional Convention, ending on September 17, did just this.
We abolished kings forever in favor of presidents selected by the state legislatures (before the 17th Amendment) for a short, but defined, period of time. We took away the president’s power to make decrees (even laws or rules) over us, allowing him, in a state of the union address to merely suggest changes, otherwise to sign or veto law made by the legislative branch.
The legislative branch, consisting of representatives for the states, (the U.S. Senate) to protect states’ rights from federal intrusion, and the peoples’ representatives (the House of Representative) to protect the people from federal intrusion, made ALL the law. Both legislative branches from different perspectives, had to approve every law imposed upon the people and all law had to adhere to the constitutional list (Article I, Sec. 8, Cla. 1-18).
Historically, the two areas most sensitive to the people were excessive taxation, as all monies expended were extracted from the people, and unpopular wars, as all injuries, deaths, and suffering was absorbed by the people. Under the Constitution there can never be an unpopular war as the peoples’ representative (The House of Representatives) have total power over raising and funding the army. They must consent to the war by declaration (because they provide blood and brawn for it) and they alone authorize the treasure for it (Art. 1, Sec. 8, Cla. 11). “All bills for raising revenue shall originate” with them (Art. 1, Sec. 7, Cla. 1). The Constitution, if followed as designed, ended for all time both unpopular taxes and war. We became the first nation in history placing the people in charge of both. Moreover, funding for war could not be extended for more than a two-year time period, thus requiring that the war remain the will of the people (Art. I, Sec. 8, Cla. 12).
The Constitution is marked by four divisions of power the first—and most important—being between the states and the federal government with fear of a national government dominant. Our Founders, under a new concept called federalism, allowed two governments to co-exist, neither to be over or under the other, with primarily external issues governed by a federal government and internal issues by the states—like a marriage—equal partners. All power not specifically listed in the Constitution remained with the states. The federal government’s powers were listed in Article I, Section 8, Clauses 1-18 or what the states agreed to give them later, but anything thereafter added by amendment required 3/4th of the states to approve (Article V). It was decidedly a limited government from the outset with few federal laws restricting the individual.
The other three divisions divided power at the federal level. Separation of powers is basic to the Constitution with one body, the legislative branch, making federal law, another, the executive branch, enforcing it, and a third, the judicial branch, adjudicating it. But none of these branches were to legislate, execute or adjudicate in a manner to erase or undermine the first division of power between the states and the federal government. No Founding Father supported this.
The Bill of Rights, demanded by the states as a condition of their ratification of the Constitution, further restricted the federal government. Amendments thereafter 11-27, approved by 3/4th of the states, altered some parts of the Constitution. Still, the federal government remains limited and on notice to remain subservient to the people.
The Constitution remains an enemy to big government, largely supported by both political parties and liberals and conservatives alike, because big government is an enemy to individual liberty. Perhaps this is the reason so few wish to honor it or bring attention to it on Constitution Day. Americans might awaken to their extensive loss of liberty.
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.LibertyUnderFire.org
Sep 9, 2019 | Constitution, Liberty Articles
Harold Pease, Ph. D
All leading Democratic presidential candidates reject present constitutional language in electing future presidents of the United States. Opponents of the Electoral College seek to alter a process that has worked for well over two hundred years. Fueled by Clinton’s winning the popular vote yet denied the White House and unable to get two-thirds of the states as constitutionally required to consider altering this part of the Constitution, some seek to reject the Constitution instead.
They call their plan the National Popular Vote Interstate Compact (NPVIC). In it participating states would allocate their electoral votes to the winner of the national popular vote rather than the winner of the state popular vote, thus potentially disenfranchising the popular vote in your state, perhaps even in a majority of states.
There exists no language in the Constitution authorizing a popular vote for the executive branch of government. Such came about in 1824 after the Electoral College denied the presidency to highly temperamental Andrew Jackson, the most popular man in America due to his success in the Battle of New Orleans in the War of 1812. His supporters, believing the denial to be an injustice, created a straw vote so that the people could participate in the election although this vote had no power.
Over time the media empowered it by treating it as the “legitimate” vote for the president belittling the College process as unfair and undemocratic. Seldom do they remind us that it works because we are not a democracy, but a republic, and that none of the branches of government are democratic; most especially the Senate and Supreme Court. Andrew Jackson had to wait until he could convince the seasoned citizen voters of the Electoral College that he was not too emotional for the office. He did so four years later in 1828. Moreover, today the media seldom cover the real election of the president in December, such is their distain for it.
Those unable to get a two-thirds vote to remove the Electoral College, as required in Article V of the Constitution, have conceived a brilliant but subversive plan to do just that without the constitutional amendment required. When enough state legislatures have committed their electoral votes to the winner of the national popular vote, and that number is 270 or above, remaining states will be required to support as well. Wham!! Almost without any public debate outside state legislatures, and seemingly overnight, the popular vote will replace the Electoral College as the means by which a president is elected. A few highly populated states would decide for the rest of the country—something decidedly opposed by our Founders.
Ironically proponents ignorantly use a small portion of the Constitution to destroy a larger portion. They cite Article II, Section 1 which reads, “Each State shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress.” This, they say, gives state legislatures the right to award their electors as they see fit. Actually, the phrase allows the state legislatures appointing powers only. To suggest that they should have influence over their voting once selected, nullifies the reason for their existence. The Electoral College was to be a non-governmental body completely separate and unaccountable to the State Legislature once appointed, as per the rest of the section. Certainly the phrase did not authorize states to simply alter or dump Article II, Section 1 and Amendment 12 of the Constitution which is the effect.
Moreover, the National Popular Vote Interstate Compact also violates Article I, Section 10. This prohibits states from entering into “alliances,” (compacts) with other states unless Congress gives its consent. Certainly conspiring states have entered into an alliance to nullify the Electoral College, which mandates the right of individual states, to chose the president.
At present 15 states (almost all Democratic) and the District of Columbia, a combined electoral vote total of 196, have come on board 74 short of the minimum 270 electoral votes needed to impose this upon the rest of the country and nullify a long standing pillar of the Constitution. Oregon, June 12, 2019, is the most recent state to join the unconstitutional alliance voting to change the Constitution without amending it as required by the document.
Unfortunately for those who revere the Constitution and the wisdom of the Founding Fathers to balance the vote so that rural Americans would not be disenfranchised by urban Americans are emboldened by Hillary Clinton’s receiving the popular vote in the 2016 presidential election yet denied the presidency. Still, it is well to remember that only California gave Clinton its popular vote. In the other 49 states Donald Trump won the popular vote. Without the Electoral College Clinton would be president by the popular vote of but a single state, disfavored by all others. How is that just, balanced or even democratic?
Granted the Electoral College is the most difficult part of the Constitution to understand and is easy to oppose because it is undemocratic. Spend some time to understand it. A patriot and constitutionalist will see through the scheme to destroy it without the debate and transparency required in Article V. No end run around the Constitution should ever be permitted.
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.LibertyUnderFire.org
Aug 26, 2019 | Constitution, Liberty Articles
By Harold Pease, Ph. D
Student unrest in many universities demonstrates what is becoming obvious; institutions of higher learning are becoming radicalized and project intolerance for anything but a liberal view. Too few permit conservative or libertarian speakers and far fewer a constitutionalist.
I was not surprised, some years ago, to hear a mother share with me her son’s fear that he did not wish to attend college because he did not wish to be politically indoctrinated. Parents increasingly worry about the radicalization of their children as well. As the years go by I hear this more frequently. Often when asked my profession, a political science professor, I get that look, “Oh! You’re one of those.” So, the assumption is that professors, especially those in political science, are socialists or worse: Unfortunately, this is largely true.
College is supposed to be a “big tent” housing all types of thinking so that the student can gravitate to what he thinks best after all sides are presented. Although everyone gives lip service to this statement, there still exists a preferred philosophy. Most colleges insist that they adhere to intellectual diversity, but the evidence and textbooks suggest otherwise; the vast majority of colleges and universities are weighted in favor of one ideology and professors to one political party. This is not hidden. Some political science textbooks acknowledge this.
There exists a consensus of what a “good education” is. Students are immersed in race consciousness, feminism, multiculturalism, environmentalism, collectivism, globalism, political activism, class warfare, global warming, acceptance of sexual deviations as normal, and minimization of the importance of Christianity. The end product, the student, must come to accept the above script. It is also in virtually all textbooks. It’s not that any of these notions are bad, in and of themselves, but it is the nearly universal absence of the opposing view that is most troubling parents/students who do not want the indoctrination.
This reminds me of the 1960’s popular tune “Little Boxes” by Malvina Reynolds with lyrics. “And the people in the houses…made of ticky tacky… All went to the university, Where they were put in boxes And they came out all the same.”
It’s not fear of political science classes alone in most colleges and universities. Students can escape the indoctrination across the hall in a history or sociology class. Not so! Such bias permeates most academic areas. An English professor from a large Midwestern university, who did not wish to be identified because of possible retribution, spoke of English classes giving less emphasis on grammar, punctuation, or sentence structure and more on the political correctness. “Everything from Theater to Philosophy to History to English has, in effect, become sociology,” he wrote. “Teaching subject matter has become less important than teaching a very political perspective.” In the end, “They get taught the same thing over and over: a radical critique of the entire American social structure, an indictment of capitalism, anti-Christian propaganda, and collectivism over individuality.”
Of course, additional courses reinforce the “good education” and the result is that if students have not learned to think for themselves, or have some opposing information from home or church to think with, they graduate and carry the indoctrination into every segment of society as gospel. New teachers from kindergarten to the universities will pipe the same, or similar, message.
Age and experience may alter the indoctrination but the twig is already bent in a prescribed direction and the student, like the twig, will give first consideration to returning to the indoctrination when confronted with anything in opposition. Colleges have so much power over “right” thinking.
An extreme example of this years ago, was a French Language and Culture class at Penn State University that required students to view the Michael Moore film “Sicko,” which focused on the inadequacies of the U.S. healthcare system and promoted national healthcare. In a French language class!?!
The indoctrination begins immediately in some colleges, critics say, “with orientation where students begin by learning about the evils of ‘white privilege’ in a program called the ‘tunnel of oppression’ and sit through lectures informing them that they are part of a ‘rape culture’.” University of Delaware forced incoming freshmen to participate in a “treatment” program a part of which informed them that the word racism applies only to “all white people.” It also “blamed whites for having created the term racism” in the first place “to deny responsibility for systemic racism.” At Hamilton College in New York, fall 2010, male students were required “to attend a ‘She Fears You’ presentation to make them aware of the ‘rape culture’ of which they were allegedly a part and of the need to change their ‘rape supportive’ beliefs and attitudes” (New American, Aug. 5, 2013, pp. 23-27).
No wonder the young man did not wish to be subjected to what he saw as indoctrination. Because he knows that there exist other views there is hope for him, more especially if he selects professors who attempt to give alternative views of which there are still some, he will be fine. But it will take his personal effort to not come out of the university experience “all the same.” It is students, the majority, who have no idea that there exist alternative views that are most in danger.
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 columns, please visit www.LibertyUnderFire.org.
Aug 19, 2019 | Constitution, Liberty Articles
By Harold Pease, Ph. D.
Most now understand that “red flag” laws violate the Second Amendment of the Bill of Rights and many Republicans, including the President, now seem willing to join Democrats, after the recent shootings in El Paso and Denton by crazed left-and right wing extremists, to put dents in the Second Amendment hoping these laws “might” somehow help. But few realize that they also virtually emasculate the Bill of Rights. What follows are the amendments “red flag” laws damage and how.
Amendment I. “Red flag” laws encourage “police-led searches” of our social media, thus effectively “abridging the freedom of speech, or of the press” constitutionally protected in the First Amendment. Disagreeable speech is labeled “hate” speech, thus potentially “violent” speech, thus subject to the removal of ones weapons laws. Liberty ends when free speech, press, assembly and religion end.
Amendment II. This amendment was specifically designed to protect the first amendment giving the people the ability to resist tyrannical government as the Founders had—even by revolution if required. Any law, state or federal, that threatens the Second Amendment as written by the Founding Fathers is unconstitutional. In New Mexico that includes requirements for firearm storage and background checks for private firearm sales. In New York, it includes banning bump stock devices. In Washington State it is I-1639, which “classifies semi-automatic rifles commonly owned for recreation and self-defense as assault weapons and prohibits young adults under the age of 21 from purchasing them.” These violate “the right of the people to keep and bear Arms, shall not be infringed.”
But “red flag” laws go further, potentially allowing thousands of innocent citizens to be punished only upon the fear that a crime might be committed. Secret lists of innocent people are created by family, acquaintances, and potentially disgruntled ex-lovers or spouses. Any one that can approach a judge with the claim that someone is a danger to himself and/or others, the sheriff is sent to disarm and confiscate his weapons. Those identified are punished without having committed a crime. All this without a shred of evidence of unlawful behavior.
Amendment IV reads in part: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” Today computers and electronic devices are our “papers” and “effects” include our weapons of self preservation. It is “unreasonable” and unconstitutional to confiscate them on the assumption that they may be used inappropriately. We might also wish to remove their automobiles, knives, hammers, or medicines they MIGHT use to harm themselves or others.
Continuing, “No Warrants shall issue, but upon probable cause.” Heretofore “probable cause” was based upon evidence of having actually done something, not opinion that someone might do something. Again, there exists no crime! A warrant alone is not due process. “Supported by Oath or affirmation,” means by government agents who have sworn allegiance to protect and preserve the Constitution, which under “red flag” laws this action violates.
Amendment V reads in part: “No person shall be…deprived of…property, without due process of law.” Due process is denied thousands under “red flag” laws. None were charged with a crime, arrested or convicted before gun confiscation. Without due process all of our rights and properties are unsecured. It is that simple.
Amendment VI lists the rights of the accused, the due process procedure entitled to all citizens, in “all criminal prosecutions.” Although “red flag” laws are not criminal prosecutions, they have the same effect. They accuse and administer punishment. They are “speedy” but not “public” as constitutionally required. None were “informed of the nature and cause of the accusation; … confronted with the witnesses against him; … [allowed] compulsory process for obtaining witnesses in his favor, and …[allowed] the assistance of counsel for his defence.” Where was the “impartial jury?” None of these four constitutionally required conditions were met prior to confiscation, as no crime had been committed. Those targeted by the government in “red flag” laws had no opportunity to resist confiscation.
Amendment VII reads “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.” Twice mentioned is common law which is the underlying principles of justice that govern all human relationships—natural law—whether fully understood or not.
This amendment speaks to property exceeding $20.00 in value, of which all guns exceed. Although largely fallen into disuse because of the now unrealistic money requirement specified, the amendment suggests the importance of common law and jury (peers) trials, rather than judges, making the decisions regarding property. Certainly “red flag” laws exempt juries and confiscate property (guns).
Six of ten Bill of Right Amendments are severely damaged by “red flag” laws with due process, the backbone of our judicial system, the greatest fatality. This is certainly the greatest threat to the Bill of Rights since the Obama sponsored National Defense Authorization Act of 2012, which already effectively neutralized Amendments 4, 5, 6 and 8 of the Bill of Rights (see “New Bill Damages Bill of Rights and Could Target Americans for Military Detention,” LibertyUnderFire.org).
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 columns, please visit www.LibertyUnderFire.org.
