Gov. Whitmer Wants “Red Flag” Laws In Michigan….

Here’s what that means.

A family member is concerned that someone represents a danger to others or themselves.  They contact law enforcement - anonymously - and swear out a complaint.  The complaint and accompanying testimony/evidence goes to a judge, who then authorizes the confiscation of the accused’s firearms if he/she believes it is merited.  The accused loses their firearms, supposedly temporarily.

Looks good, right? 

Here’s the problem:

“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; nor deny to any person within its jurisdiction the equal protection of the laws,” Fourteenth Amendment.

“No person shall be… deprived of life, liberty, or property, without due process of law,” Fifth Amendment.

First, such laws are expressly prohibited under the due process clause of the Fourteenth Amendment: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.”  The “red flag” law expressly abridges the right to due process and the immunity from a presumption of guilt.

Second, due process means the accused has the RIGHT to hear the accusations preferred against him, to confront his accusers, to present evidence in his own defense. BEFORE any confiscation - for ANY LENGTH OF TIME - can occur: 

“[N]or shall any State deprive any person of life, liberty, or property, without due process of law.”  

“No person shall be… deprived of life, liberty, or property, without due process of law.

There is no provision made for due process.

Third, “red flag” laws deny the accused “…the equal protection of the laws.”

Regardless of the good the law seeks to achieve, “An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is in legal contemplation as inoperative as though it had never been passed,” U.S. Supreme Court

Norton v. Shelby County, 118 U.S. 425 (1886) Norton v. Shelby County 

Argued March 24-25, 1886

Decided May 10, 1886

118 U.S. 425

Open Letter To Congress:- End The BrinksmanshipGuarantee - Debt Payments

October 17, 2013

Legislators:  

United States Constitution, Fourteenth Amendment, SECTION 4:

"The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned.  But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void."

That the President would use the threat of defaulting on our debt payments as a loaded gun to the head of congress is reprehensible in the extreme, and it must never be allowed to happen again.  His threat to default on our debt payment in violation of the Constitution, placing not only our own economy, but the world economy as well, into a state of panic is an impeachable offense.

Legislation MUST be passed FORTHWITH to insure that no entity - presidential or congressional - can ever use this threat again by GUARANTEEING that debt payments will be made.  Such a guarantee will not only calm our own citizens, but will also reassure foreign creditors as well.

In addition, while the Constitution bans default on LEGITIMATE debt, it also bans payment of any obligation to enemies of this country.  We have no business supporting the Muslim Brotherhood or any other terrorist organization that has threatened or waged war against the United States, or has worked to recruit citizens of this country with the goal of insurrection and rebellion.  Such payments are not legitimate obligations and must be banned.

The brinksmanship ends now.

An Angry Constituent

An Open Letter To Pres. Obama And Congress: DEFAULT IS NOT AN OPTION...

October 16, 2013

Mr. President, Legislators:  

United States Constitution, Fourteenth Amendment, SECTION 4:

"The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned."

No matter what else doesn't get paid, you don't have a choice:  DEFAULT IS NOT AN OPTION; YOU ARE REQUIRED TO PAY THIS.  THIS BILL GETS PAID BEFORE ALL OTHERS.

PERIOD.

The House of Representatives has passed legislation to pay this.  The CONSTITUTION, which you have all sworn to uphold, prohibits you from playing politics with America's debt.

GET IT DONE, NOW. 

An Angry Constituent