As another Lame Cherry exclusive in matter anti matter.
The matter of President Donald Trump breaking his 2016 campaign promises concerning gun control have in 2019 AD in the year of our Lord, opened an examination of the lawlessness of America. This lawlessness is not about criminals, but about the lawless nature of the courts, who are designed to protect the People's rights.
In a strange DC Federal Court ruling, Justice Loren Smith, handed down a 9 page explanation as to why the government of Donald Trump has the right to deny Citizen's their property, seize it, criminalize an America from owning previous legal property, and do so without any compensation.
It is interesting in Justice Smith focused on denying the 5th Amendment just compensation, as his opinion, the police state has authority to deny rights because a property is typed as dangerous, diseased or used in criminal activity.
Loren A Smith, a senior circuit judge for a federal court in Washington, D.C., dismissed the suit, arguing that because the ATF was exercising its “police powers” in its bump stock decision, the Fifth Amendment’s Taking Clause does not apply.
“The law is different in this case because the government, as the sovereign, has the power to take property that is dangerous, diseased, or used in criminal activities without compensation,” Smith wrote in a nine-page ruling. “Here, ATF acted properly within the confines of the limited federal police power.”
Justice Smith further expanded his opinion that a bump stock if it were legally possessed by a Citizen that it would be covered for compensation, but then moves to the point that machineguns are not protected under the Second Amendment, which is not the case at all.
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Arms in the Second Amendment, are all arms. Firearms to knives. They are all protected and shall not be infringed upon. That is the Constitution expressing itself. It is interesting the mental reasoning of Justice Smith, in focusing on "legally possessed" as bump stocks were not contraband when purchased but created as such by the rulings of Donald Trump and the BATFE.
The judge expressed sympathy for the plaintiffs and acknowledged that his ruling would have been different if legally-possessed firearms had been confiscated by persons not committing a crime. But because, according to Smith, machineguns are not protected under the Second Amendment and the Takings Clause does not apply to property “injurious to the health, morals, or safety of the community,” bump stocks can be confiscated without fair compensation.
The ATF has waffled for decades on how the federal restrictions on machinegun ownership apply to bump stocks. In 2006, the agency determined that a type of bump stock device known as the Akins Accelerator constituted a machinegun and was thus subject to the National Firearms Act and the Firearm Owners Protection Act.
What the Lame Cherry is interested in, in the lawlessness of the Courts is, the relationship to bump stocks, to slavery, to the lands of Japanese Americans in the San Joaquin Valley which was confiscated when FDR denied those Americans their rights and placed them in concentration camps.
Granted Abraham Lincoln set a murderous precedent in stealing the property of millions of Americans in emancipating slaves. The issue is not how abhorrent slavery is, the issue is Americans purchased slaves as property legally, and in one signature as an act of war, Abraham Lincoln stole property from the Citizens without compensating them.
The issue of slaves and bump stocks is the same. Both were legal commerce, until a signature made them contraband and criminalized the owners. To do this in slaves or bump stocks, means that any regime can by force confiscate your cell phone to your children, by stating they are immoral to have.
In the case, of another act of war, another President in Franklin Roosevelt, incarcerated Japanese Americans during World War II, who were successful farmers, and in the process of time, the Japanese had their farms confiscated, were not compensated, and were denied rights to life, liberty and property.
Denied though until 1988, when the criminal actions of the President and the Courts were deemed unConstitutional by the Congress who voted compensation to the Japanese.
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This is what is the dichotomy of the lawlessness of the Courts and the President of the United States is. In a modern political lobbying, the Negro, who was not a Citizen of the United States, but was made a Citizen, is now spoken of for reparations, while the Americans who were denied compensation by Lincoln's illegal act, are not compensated as the Japanese Americans were.
Does this mean in a future time, the Congress will pass a reparations bill for Bump Stocks or former Southern property owners who were the target of genocide in Lincoln's War and Reconstruction.
Justice Smith relies on an argument that the police state, has the right to destroy anthrax cattle or a pit bull biting children, without compensation in order to protect the public.
The word dangerous or used by criminal elements though by the Justice, would project out to alcohol is dangerous and vehicles to computers are used by criminal elements. Alcohol was removed by Constitutional Amendment and then returned by Amendment. No such provisions targeted computers or cars though, as they were too common. If you noticed in the lawlessness of American Courts and Presidents, that confiscating property and denial of rights is based upon a minority within the majority, who have been disenfranchised and criminalized in denying all Constitutional redress.
The Southern American was denied voice in Congress, denied voice in the Courts, denied vote to the President., and made war against.
The Japanese American, was denied voice in Congress, denied voice in the Courts, denied vote to the President, and held in concentration camps.
The Bump Stock Americans, have been denied voice in Congress, denied now voice in the Courts, and denied by the President advocacy, and as legal Citizens have been by new statute placed in criminal status in possessing a once legal product.
Are not machineguns not protected by the law, the same as the Negro not protected by the law once and now the child in the womb not protected by the law. That is rhetorical and the damning condemnation of the lawlessness of American Courts, protecting the not Constitutional granted powers of agencies, not authorized power by the Constitution, which limits the President, the Courts and the Congress from engaging in disenfranchising Americans of their absolute rights.
The law is not uniform. Therefore there is not equal justice under the law.
Obama’s Executive order 13688 banned the use of Defense Department armored vehicles, bayonets, grenade launchers, camouflage uniforms, and large-caliber weapons and ammunition from America’s law enforcement. With that act now repealed, Trump is allowing weapons made for war onto the streets of the United States – weapons that are designed to kill.
That’s not all the order prohibited; the purchase of weaponized aircraft such as drones, manned aircraft, armored and tactical vehicles command and control vehicles and more, according to Popular Mechanics.
At the time of the ban, Obama said that he was enacting the order because “equipment made for the battlefield is not appropriate for local police departments.”
“So we’re going to prohibit some equipment made for the battlefield that is not appropriate for local police departments,” Obama said.
When the Police are federalized and armed with military weapons, they are transformed from protecting and serving, to search and destroy martial forces, making war on Americans.
The statutes of Posse Comitatus limit the use of the military inside the United States against Citizens. The current Executive has sidestepped that law by militarizing the local Police, who have been conditioned by foreign schooling of Mosaad, to intimidate and enforce to subdue Americans.
The Texas Rangers did not need grenade launchers nor did Wyatt Earp require cannons as a US Marshal to protect and serve. The lawless legality of legal lawlessness.
Once again, another Lame Cherry exclusive in matter anti matter.
Nuff Said
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