- Law Cases
by Nicholas Purpura, ©2013, blogging at Conservative News and Views
(Jan. 16, 2013) — A sheriff is the Chief Law Enforcement Officer in each County in every State. Every Sheriff swears an oath to “…support and defend the United States Constitution against all enemies both foreign and domestic.”
At this time in our history the American people are facing a domestic enemy that continually violates the U.S. Constitution. Yet, the spineless Congress as well as judiciary has demonstrated their oath of Office is meaningless, and as for courage, they have none.
Only the Sheriff has the legal jurisdictional authority to stand against this tyrannical administration. The time has come for every Sheriff to decide whether he is a man of honor who will abide by his/her oath of office to defend the Constitution. The question is, “Will our Sheriffs cower to tyranny out of fear, paving the way for tyranny?”
Mr. Obama is contemplating nineteen “Executive Orders” to curtail Firearms ownership. Legally it is inarguable such an order will irrefutably usurp the United States Constitution. Positive Law is crystal clear; see Amendment II:
…the right of the people to keep and bear Arms, shall not be infringed.
First and foremost, the Founding Fathers defined “Militia” as all men 16 to 60. The progressive/Marxists would have you believe the militia is only the National Guard that enjoys that right, which is an outright lie. That fabrication is repeatedly advanced by the progressive/Marxists in order to disarm the public. State-organized militias came into existence in 1902. Regardless, until Congress amends the Second Amendment, neither the Executive Branch, Congress, regulation and/or Executive Order has any validity.
Let me make this absolutely clear: “Executive Orders” are not, nor ever will be, law. Only the Quislings in Congress have the authority to make law; with one caveat, if the law they are proposing does not conflict with the Constitution.
Robert Longley at About.com likewise confirmed how executive orders work. While they do bypass the U.S. Congress and the standard legislative process, no part of an executive order may direct the agencies to conduct illegal or unconstitutional activities.
Any “Executive order” issued by the Marxist now occupying the White House will cause the American people to lose even more of their freedom. Sadly, we are saddled with lifetime political stooges who would sell out their country for 30 pieces of silver and in many cases succumb to bribery or blackmail.
Legally, the Sheriff in every county has the authority and obligation to arrest any federal agent attempting to enforce any unconstitutional regulation and/or any “Executive Order” that would usurp the Constitutional rights of the citizens in his/her jurisdiction.
Sadly, the people of New Jersey, New York and other liberal bastions of progressivism have Governors and legislators who repeatedly demonstrate their contempt for the Second Amendment. But there is a bright side: the Sheriff who only answers to the people that elected him/her when upholding the Constitutional Rights of the people in his County is the law!
Neither Obama, Governor “Blunderbuss” (Christie), Governor Spooky (Cuomo) nor Congress can override the Sheriff. I have a suggestion for the Governors and the legislature: read the article posted in CNAV, or Essex County Conservative Examiner, an interview held with Mr. Frank Cottone of Monmouth County who I sure will be happy to explain the duties and jurisdictional role the Sheriff has. Sadly, “Blunderbuss” and “Spooky,” like Obama, couldn’t care less what “positive law” says or means. Take heart: there is an office that can protect our civil rights: the Sheriff’s Office, the holder of which answers only to the people.
Let’s take a different approach, I truly believe an argument can be made that any regulation, legislation, or Executive Order banning or restricting any type of firearm violates the “Equal Protection Clause.” Bear with me.
The law is well-defined: the police can act only after a crime is committed. That’s right: they are under no obligation to protect you unless a crime has occurred. A federal Court in Washington D.C. made clear: the police are responsible to respond within a reasonable time frame and have no culpability if a victim of a crime was injured, regardless of how long it took to respond, even in a life and death situation.
Now the parasites in public office have armed security details for themselves and their families, 24-7. Yet the rest of the population does not. Any high office-holder can obtain a concealed firearms permit, in liberal states, too. So can their political donors. But you try getting one. Forget the Second Amendment! Let’s take it a step farther: these useless vermin will impose laws on law-abiding citizens while at the same time aid and abet the criminal element by taking away a citizen’s right to defend himself.
They tell you “No, we believe the people have a right to bear arms, as long as you comply with what we say is enough protection.” So I ask, “Just how you are going to confiscate the illegal weapons that are in hands of the criminals?” You cannot and never will.
Most of the high-minded morons will say you don’t need high-capacity magazines. No so. Tell me: How you stop a mob of looters or gang of hoodlums? Does Katrina or the L.A. riots ring a bell? Why don’t you tell that to the citizens of Korea Town? Yet a law was passed granting lifetime secret service for certain legislators. Should not all Americans live by the same rules? Wake up! Gun control is not the answer!
Lastly, I remind the reader and especially every Sheriff what the most liberal Circuit Court in the nation, the Ninth, held, in Nordyke v. King:
…The right to bear arms is a bulwark against external invasion. We should not be overconfident that oceans on out east and west coasts alone can preserve security. We recently saw in the case of the terrorist attack on Mumbai that terrorist may enter a country covertly by ocean routes, landing in small craft and then assembling to wreak havoc. That we have a lawfully armed populace adds a measure of security for all of us and makes less likely that a band of terrorist could make headway in an attack on any community before more professional forces arrived.
Second, the right to bear arms is a protection against the possibility that even our own government could degenerate into tyranny. Though it may seem unlikely, the possibility should be guarded against with individual diligence.
One would believe even this bastion of liberal jurisprudence must have had the Obama administration in mind and added the latter.
The SCOTUS in the case of District of Columbia vs. Heller ruled on whether banning handguns in Washington D.C. was a violation of the Second Amendment. Thank God Justice Antonin Scalia held in the majority opinion:
the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.
So the question to the Sheriffs in the State of New Jersey and our sister States: “Will you defend the Constitution of the United States? Will you honor your oath of office?” The people of the People’s Republic of New Jersey as do the people throughout the United States ask. The citizens of the State of New Jersey await your answer for publication.
Tags: Congress, county sheriff, District of Columbia v. Heller, equal protection clause, Executive Orders, Gov. Andrew Cuomo, Gov. Chris Christie, gun control, oath of office, Obama, positive law, Second Amendment, the right to bear arms, tyranny, U.S. Constitution, U.S. Supreme Court
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