Red Flag Laws Are Profoundly Unconstitutional

red-flag-laws-due-processAny and every time there is a mass shooting in America the gun grabbers take to the media and demand gun control or gun confiscation.  This, as every Patriotic American knows, clearly violates our Second Amendment.  Those advocating to take away arms from Citizens are either ignorant/clueless regarding America’s rights or are oppressive/suppressive regarding personal rights and freedom.

Our Founders were not stupid when they provided us with our Second Amendment, nor any of the others.  They knew world history and what happens when the people cannot defend their state, their property, their person.

As Patrick Henry said, “Where and when did freedom exist when the power of the sword and purse were given up from the people?”

Thomas JeffersonThomas Jefferson said, “For a people who are free, and who mean to remain so, a well organized and armed militia is their best security.”  Thus, if you cannot possess arms you cannot remain free from tyrants or those who wish to exert control.

And Samuel Adams declared, “The Constitution shall never be construed… to prevent the people of the United States who are peaceable citizens from keeping their own arms.”

Back to the topic at hand.  Just how bad are Red Flag Laws?

Your speech or behavior could be considered a red flag by a friend or relative (or an enemy) and based on what you said a person could go to a judge and potentially be able to have the police confiscate your guns.

When Red Flag Laws are used there is a clear and absolute violation of both the First and Second Amendments.

Any others? Please, read on.

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.”  This one is also violated because the person who reported you assumed you might commit a crime with your gun and that is certainly an unreasonable assumption, especially if you have zero prior incidents.  There is no probable cause, which is based on evidence and not opinion of what might be.

Then there is the Fifth. “No person shall be … deprived of … property, without due process of law.”  There is absolutely no due process with a Red Flag Law.

Moving on to our Sixth Amendment: this one is violated because the person whose guns were seized via a Red Flag Law were not “informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.”  In VI, there are four required conditions that should be met before any thought of confiscation.

Constitution-DestructionIn one fell swoop half of our Bill of Rights has been violated!

And, because Red Flag Laws violate a Citizen’s due process, our Fourteenth Amendment is shredded.  “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law.”

It can easily be seen that states which have already passed Red Flag Laws are torching our US Constitution and those who are considering passing such a bill are ready to join the ranks of the unconstitutional.

One must remember that elected representatives take an Oath of Office and most, if not all, swear that they will support and defend our US Constitution.

By passing any form of a Red Flag Law those who are supposed to support and defend our US Constitution, and thus our rights, are clearly violating their Oath and should be removed from office.  Not by vote.  By law.

In order to ensure our Freedom, our Liberty, our Rights, we must remain true to our U.S. Constitution.  And we MUST demand that those elected to represent us do the same!  Or, they must be expelled from office.

There are many ways to learn and/or teach the basics.  You can start by watching the award-winning In Search of LibertyConstitution movie.  For more in-depth study you can enroll in a one-day Constitution Boot Camp from Building Blocks for Libertyor consider joining KrisAnne Hall’s Liberty First University.

We the People - Scott D Welch

by Scott D. Welch, Patriot
Direct descendant of 8 Americans who fought in the Revolutionary War
Cousin of Patrick Henry

The Origins and Anniversary of our Bill of Rights

BillOfRightsContrary to what some seem to think or believe today, the Bill of Rights is not a Bill of Needs.

On September 17, 1787 our Founding Fathers created the Constitution of the United States.  It then had to go through a ratification, or approval, process in each state.  Nine states were required to approve the document for it to become official for the country.  In the end, all of them did.

However, there was a slight problem.

The Constitution, as written, laid out the foundations for the federal government fairly well but there were no guarantees, nor even a mention, of state or individual rights, that for which they all fought during the American Revolution.

In contrast, the previous semi-governing document, the Articles of Confederation (the Articles of Confederation and Perpetual Union), which was ratified on March 1, 1781, at least contained language to preserve the independence and sovereignty of the states.

anti-federalistsLed by people such as Thomas Jefferson, Patrick Henry, Samuel Adams and George Mason, the Anti-Federalists (as they came to be know) believed that the Constitution needed a Bill of Rights; that it created a presidency so powerful it might be turned into a tyrannical monarchy; that the document did not do enough with the courts with the result being an out-of-control judiciary; and, that the federal government would be unresponsive to the needs of the states and the people.

A war of words ensued.

The Federalists, led by Alexander Hamilton, James Madison and John Jay, wished to leave the Constitution alone.  They did not feel that any type of Bill of Rights was needed.

Madison wrote, “The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.”

Federalist-PapersHowever, they were not spelled out nor guaranteed in any way, thus leaving open the possibility for their encroachment.

Written guarantees won out.  On December 15, 1791, the Bill of Rights was ratified.

What exactly was the purpose of these 10 amendments?

The Bill of Rights added specific guarantees of personal freedoms and rights.

It does NOT grant us those rights.

It guarantees them.

If you recall, from the Declaration of Independence, our Founders believed in our unalienable rights, not man- or government-granted, but given to us by our Creator.

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”

The Bill of Rights also defined, more clearly, limitations on government power in judicial and other proceedings. And, one other huge point, that all powers not specifically delegated to Congress are reserved for the states or the people.

Today, let us thank our Founding Fathers for the foresight and wisdom they had in providing these documents but also pray that those elected representatives who took an Oath to support and defend the Constitution start doing so.  In all areas and at all times.  Not just when it is convenient for their political agenda.

But, also keep in mind that we have lost some rights.  Some have been, otherwise limited.

JeffersonIt is up to each and every one of us to demand that our elected representatives are reminded of this truth, as written by Thomas Jefferson:
“Our legislators are not sufficiently apprized of the rightful limits of their power; that their true office is to declare and enforce only our natural rights and duties, and to take none of them from us.”

Ensure that you and your family know your rights.  Only then can you protect them.

There are many paths to educate yourself and your family. Learn the basics by watching the award-winning In Search of Liberty Constitution movie, and then, for in-depth study, enroll in a Constitution Boot Camp from Building Blocks for Liberty or join KrisAnne Hall’s Liberty First University.

Staying true to our US Constitution we can safeguard freedom in America for ourselves and our posterity.

We the People - Scott D Welch

 

by Scott D. Welch, Patriot
Direct descendant of 8 Americans who fought in the Revolutionary War
Cousin of Patrick Henry

Click for a printable copy of the Bill of Rights.

Betsy Ross - G Washington - God Bless