Gun Control

Douglas L. Bailey.


It still is pertinent today because it gives insight into the nature of the way our government works:





There are 10,000 "Second Amendment gun rights" organizations in the United States. Still, we keep losing the battle to "keep and bear arms." Why?

Some of the groups on "our side" do an excellent job of target­ing anti-gun politicians for defeat at the polls. The problem is that the unconstitutional anti-Second Amendment laws those politicians enact remain on the books generations after those politicians are defeated. Those laws are enforced by federal judges.

The solution is a simple one. We need to work on removing those judges from the fed­eral bench. It isn't that hard. We've done it before.

Every federal judge takes a solemn oath to support the United States Constitution. 28 U.S.C. 453. Violation of that oath is grounds for impeachment. Here is all there is to it:

1. Write your congressman. Demand that he bring a bill of impeachment against a particular federal judge: When Gerald Ford was an obscure congressman from Michigan in 1969, he "took down" Abe Fortas in this fashion. Fortas at the time was slated to be the next Chief Justice of the Supreme Court.

2. When your congressman gives you some excuse, such as "separation of powers," write back to him and point out that separation of powers is a political maxim, not a technical rule of law. In Atkins vs. United States, (Court of Claims 1977) (quoting Felix Frankfurter, U.S. Supreme Court Justice 1939-1961, separation of powers in this regard is contradicted by the Constitution itself: "The House of Representatives shall choose their speaker and other officers; and shall have the sole power of impeachment." Article I, Section 2, Clause 5, United States Constitution.

"The judicial power of the United States, shall be vested in one supreme court, and in such inferior courts as the Congress may from time to time ordain and establish." Article III, Section 1, U.S. Constitution.

The obvious question is, how can courts created by Congress, be equal to Congress and independent of it? The obvious answer is, they can't. When our republic was founded the federal courts below the Supreme Court were looked upon as an arm of Congress.

"The judges, both of the supreme and inferior courts, shall hold their offices during good behavior ... " Article III, Section I, U.S. Constitution.

Notice that the Constitution itself does not state "life tenure," it states "good behavior." Bad behavior, as Gerald Ford pointed out in 1969, is anything Congress says it is.

3. If your congressman refuses to act, campaign against him. Suffice it to say that the next congressman will "do the job".

4. Congress can pass all the anti-gun laws it feels inclined to. Only a federal judge can send an American citizen to prison for a violation of one of those laws.

5. The Second Amendment is as much a part of the Constitution that federal judges swore an oath to uphold as any other.