DONATIONS ACCEPTED Official Publication of Western Missouri Shooters Alliance July 2015 THE NECESSARY AND PROPER CLAUSE PART IV By Larry Swickard “Finally we come to the ‘necessary and proper’ clause, which social studies teachers around the country cite to this day as an ‘elastic clause’ that permits the federal government to exercise a broad array of powers not mentioned in the Constitution.”1 Thomas E. Woods Liberals often “accuse” conservatives of “hating government.” Implicit in such condemnations is the notion they are extremists, fringe, and maybe even a little dangerous. For example opposition by conservatives to having their lives run by central-planners is often characterized by liberals as “right-wing” and “far-right,” the same labels they apply to Hitler one of the 20th century’s most ardent proponents of big-government, hardly a man cut from the same cloth as Thomas Jefferson and “conservatives” who followed. For liberals coming of age in the 1960s who preached nonconformity and “marching to the beat of a different drummer,” how is it that some now find themselves decrying individuality and promoting censorship? How is it that those who plastered “Question Authority” bumper stickers on their Volvos and VW Earth-buses now chastise people who maintain a healthy suspicion of big centralized government? Aren’t “accusations” that conservatives “hate” government rather shallow assessments and misrepresentations of views grounded in the Declaration of Independence? Categorizing negative opinions of Leviathan government run amuck in emotional terms like hate rather than as an academic critique does a disservice to thinking people. When did facing up to the fact people can have more government or more freedom but not both become hate? When did engaging in primary source research uncovering the extent to which American government has become unmoored and drifted away from the Constitution render one an extremist? It might be instructive to consider who else has “hated government.” English philosopher John Locke, very popular among America’s Founding Fathers, contended people were born with natural rights and among them were life, liberty, and property. Sound familiar? These rights were not grants from government but gifts from God therefore inherent in all humanity. People are rational beings capable of learning from experience and need not surrender control over their lives to be regulated by government for their own good. Locke criticized monarchies and governments and instead promoted the notion of self-government. In addition, he argued people had the right to overthrow any government failing to fulfill its obligations to protect people from those who violated natural rights. 2 Was this Englishman writing in 1690, who later influenced leaders of the American Revolution filled with “hate?” Frenchman Francois Marie Arouet, known as Voltaire, writing in the early 1700s mocked leaders of the Church, monarchy, and aristocracy for their excesses, hypocrisy, and tyranny. He fought for tolerance and freedom of thought, conscience, and speech against the heavy hand of government in all its institutionalized forms. Was this champion of modern day civil libertarians filled with “hate?” And what of Baron de Montesquieu? Missouri’s public education curriculum salutes him for developing the idea of dividing government into separate branches a system designed to prevent accumulation of too much power in too few hands. In addition, this approach included a system of checks and balances allowing each branch to check the power of the other two should they overstep the boundaries of their constitutional powers.3 Was Montesquieu, the model for America’s system of separation of powers and checks and balances, also filled with hate? French philosopher Jean Jacques Rousseau published his “passionate” defense of freedom in the 1760s in support of individual freedom and the notion man was born good and free. According to him it was civilization and government that put “chains” upon mankind. The “strongest” members in a society forced their rule and will on everyone else destroying, in the process, “freedom and equality.” Rousseau argued the only good government was based on the “consent of the governed.”4 Did this icon of modern day liberals and civil libertarians promote a doctrine of hatred or of freedom? Finally, when did love of liberty, respect for equality exemplified by the commitment to mind one’s own business and leave others alone, and pursuit of happiness unencumbered by arbitrary regulation and control by others translate into hate? Government is, after all, a collection of individuals organized to pass laws regulating the behavior of others according to their personal tastes. To IN THIS ISSUE oppose those who “hate” liberty is hate? The answer to this question is simple. Those who would run the lives of others must first PRESIDENT’S CORNER PAGE 2 demonize opposition in order to neutralize it. Once the “new” thinking is accepted by contemporary culture, proponents of the LIBERTY NOTES PAGE 3 “old” thinking can successfully be marginalized, isolated, and destroyed. Consider this, would those born in the 40s, 50s, and even the 60s have believed in their youth homosexual “marriage” would EVENTS • COURSE PAGE 5 NECESSARY (Continued on page 5) PAGE 2 THE BULLET PRESIDENT’S CORNER ...dedicated to the restoration of the inalienable right to keep and bear arms as guaranteed by the 2nd Amendment The Alliance is a regionally-based, grass-roots organization that seeks to: 1. 2. 3. 4. 5. Counter the designs of malicious legislators. Confront the media’s twisted portrayals of gun rights issues. Politicize and activate gun owners in defense of their rights. Acquaint the public with the true nature of the Second Amendment. Network with other pro-gun groups to coordinate local, state and national strategies. 6. Train people in basic firearm safety and handgun defense. 7. Sponsor and support pro-gun legislation 8. Make politicians aware that gun owners are awakening from their accustomed apathy and WILL TOLERATE NO FURTHER EROSION OF THEIR FREEDOMS BOARD OF DIRECTORS OFFICERS: BOARD MEMBERS: Kevin Jamison, President Bonnie Werner, Board Member Carl Smart, V-P Larry Swickard, Board Member Curt Cotton, Recording Sec. Tom Van Eyck, Gun Show Director Bob Hanson, Treasurer Mike Watson, Board Member Raymond Smith, Board Member EX-OFFICIO: Richard Hime, Corporate Secretary Erik Johnson, Membership Coordinator Open , Hotline Custodian Gary Davis, Newsletter Coordinator CONTACT: Business correspondence Editorial correspondence WMSA Hotline/Fax Web page - WMSA, P O Box 11144, Kansas City, MO 64119 E-mail to: [email protected] (877) 333-WMSA (9672) www.wmsa.net DISCLAIMERS: The opinions expressed herein do not necessarily reflect the opinions of the Board of Directors, Officers or the Western Missouri Shooters Alliance. The writer, editor and others contributing to this publication are neither engaging in terrorist conspiracy nor advocating acts of violence against the government of the United States. Statements are presented to stimulate political discussion in real or hypothetical contexts pursued in the spirit of free inquiry. All material contained herein is copyright © 2013 WMSA and may be reprinted unless otherwise specified, with attribution to this publication, author, and date of issue. HOW MUCH JUSTICE CAN WE AFFORD? My client showed me a statute stating that it is the prosecutor’s duty to see that justice was done. Since prosecuting him was not justice (and it was not) the case should be dismissed. Regrettably, the prosecution had its own idea of justice, which did not include dismissing the case, which involved admitting they made a mistake in bringing the charges. The judge had his own idea of justice, which did not involve dismissing a criminal case before trial. Such an act might come up in the next judicial election. We went to trial and after hearing all the evidence, the judge dismissed the burglary charge, because there was no evidence of burglary. A couple of hours later the jury found him not guilty on the trespassing charge. This was unique. He was arrested inside an abandoned building, it really was trespass. Some days the magic works. Justice is hard. Other people have their own ideas of justice, which often involves their own interests and conflicts with the letter of the law. One man was charged with possession of a switchblade. After his arrest the law changed and switchblades were no longer illegal. The prosecutor refused to dismiss. Legally he could continue to prosecute under the old law; but why? The American system involves advocates for the various parties contending before what is hoped to be a neutral decision maker. The first rule then is to show up. I have won cases because the other side did not show up. The best example is West Virginia. That state was formed when the western counties of Virginia seceded from that state and petitioned to be admitted as a new state. The constitution is very specific that portions of states cannot be carved out and made into new states without the original state’s consent. Yet, West Virginia became a state. This was during the Civil War and Virginia did not show up to object. "We must take human nature as we find it, perfection falls not to the share of mortals." —George Washington THE BULLET WMSA has been showing up for nearly 26 years. Our anniversary picnic will be 27 September, 2015 at HIGH NOON to 4 PM at Crossfire Range in Independence. I hope to see you there. NOTICE: The September meeting is very important. Three of our Board Of Directors will be elected to a three (3) year term. Board Members whose term is expiring: Mike Watson Carl Smart Bonnie Werner The election is to be held at the September meeting under our bylaws. Any member interested in seeking a board position can contact any current board member or leave a message on the hotline. Nominations can also be made at the regular September meeting/picnic on Sept. 27, 2015 to be held at Crossfire Range in Independence. Please plan your schedule so you can attend this important meeting. The most unresolved problem of the day is precisely the problem that concerned the founders of this nation: how to limit the scope and power of government. Tyranny, restrictions on human freedom, come primarily from governmental restrictions that we ourselves have set up." —Milton Friedman "The truth is, that, even with the most secure tenure of office, during good behavior, the danger is not, that the judges will be too firm in resisting public opinion, and in defense of private rights or public liberties; but, that they will be ready to yield themselves to the passions, and politics, and prejudices of the day." --Joseph Story "If you put the federal government in charge of the Sahara Desert, in five years there'd be a shortage of sand." --Milton Friedman PAGE 3 LIBERTY NOTES By Kevin L. Jamison It is a good day for Liberty. A congressional intern from South Dakota was caught entering the Capital Building in Washington DC with an unloaded handgun in his bag. The story received local attention because he works for a Kansas Congressman. Some commentators were incredulous that someone could forget they were carrying a gun. If one carries on a regular basis it is simply part of you, only the absence is noticeable. To be sure, I frisk myself when I get out of the car or enter a prohibited area. I have to frisk myself; no one else will do it for me. However, this gun was in a bag, many people forget guns left in bags. What I find incredulous is that someone smart enough to get a congressional internship is not smart enough to know that Washington DC has repressive gun laws. This is major league stupid; not because it is wrong, but because it is illegal. We frequently see people cross state borders in the serene belief that if something is legal in their home state, it is legal everywhere. Before crossing the state line with a gun it is advisable to check www.handgunlaw.us. There are a number of books on the subject, but the law changes faster than they can be reprinted. In similar news. An armed guard who protected Geraldo Rivera as he covered the Baltimore riots is under arrest for possession of a gun without a Maryland license. His bond is $350,000. Mr. Rivera is openly contemptuous of the Second Amendment. No mere person should have a gun, but he must be allowed to hire people to carry guns for him. The Gerber knife company has recalled their 7 inch Cohort Folding Knife. The blade lock is defective. Call Gerber at (877-314-9130). Do not call the Gerber baby food company. Completely different product. As I write this, the Magna Carta is 800 years old. English barons forced King John to sign the Great Charter at Runnymede on 15 June, 2015. The king was no longer an absolute monarch; he must abide by the law. Magna Carta did not establish a constitutional system of which our Larry would approve. It began the process. It did so by the barons inviting the king to place his signature or his blood on the document. Freedom comes at the point of a weapon, not always used but adding force to the argument. The fourteenth of June was the 240 th birthday of the US Army. On that date in 1775 Congress adopted the mass of militia besieging Boston as the American Army. A well-regulated militia became an army. This tradition continued. As late as WW II thousands of Filipino guerrillas were sworn into the US Army. I’m not sure if this meant they would get paid for fighting. I will have to check. They had been fighting for three years on speculation. Former Filipino guerrillas later received US citizenship because they had served in the United States Army. I went by Frontier Justice, a gunshop and indoor range in Lees Summit. It has a bow and arrow range and three shooting ranges that will take rifles up to .50 BMG. One is a traditional range where targets go out to pre-set distances. They have interactive pistol ranges in which targets move. They have a small café for breaks in the action. Minuteman Munitions is a new gun shop in Trimble Missouri, on 169 Highway north of Smithville. See www.minutemankc.com. They have a nice selection of guns and supply ammunition in domestic calibers, such as 7.62 x 39 and 7.62 x 54R. Foreign ammunition can be ordered. They have a line of camping and survival equipment and teach concealed carry classes. Investigation shows that the City of Ferguson required the police department to generate $3.9 million in tickets every year; and hid the source of the money. The city court met in a room that held a couple of hundred, but had over a thousand people on the docket. Missing your case meant a warrant and an additional fine for the warrant. Persons asking for time to pay would have a warrant issued if they made only a partial payment. The city did not allow fines to be paid by community service. Children were not allowed in court so babysitters were required. All of these costs fell heavily on LIBERTY (Continued on page 4) "Do not go where the path may lead, go instead where there is no path and leave a trail." —Ralph Waldo Emerson PAGE 4 LIBERTY (Continued from page 3) the lightly employed. If arrested they lost what job they had. The city created a seething hatred and the police were the handy object. The Missouri Supreme Court has installed a new city judge and policies are being changed across the state. I finished reading The Job a retired New York City Police Lieutenant’s account of his time from a rookie patrolman and his first arrest on his first day and his last arrest on his last day. It is a well written account of the triumphs and frustrations of police work. He describes the characters he encountered who could only exist in New York, at least one hopes. A stockbroker arrested for rape uses his one phone call to sell 200,000 shares of stock in order to finance his defense. The prosecutor’s office is intimidated by the amount of money he can bring against their resources and pleads him to a misdemeanor. A street person in a squatter’s enclave in a city park kills his girlfriend, and makes soup of her body which he serves to his fellow, oblivious, squatters. A crack addict he arrested reformed himself in prison and later thanked him for the arrest. He recounts the comforting lies he told people as they went to jail or died in his arms. Until Bob writes his autobiography we shall have to settle for this book. I understand Bob is waiting for the statute of limitations on police brutality to run out. A California prosecutor told a jury to imagine what a killer told his victim before shooting him. He then used racial slur which appear nowhere in the evidence. A federal court overturned the conviction. Racial slurs the defendant was imagined to have said had such a vile influence on the jury that the defendant could not have received a fair trial. Be very careful in police reports. George Zimmerman gave a tentative report to 911 that he thought that Trayvon Martin was black, and a “news” outlet edited the tape to make it sound racist. A Grain Valley Missouri man entered the Guinness Book of World Records by shooting 3,653 clay targets in an hour. Trapshooter Dave Miller used thirty shotguns to set the record at the Heartland Trap and Wobble Skeet range near Harrisonville Missouri on 16 May, 2015. At the end of the hour he took off his shooting gloves and showed his bloody hands to the crowd. Authors of an FBI study claiming that mass shootings were on the rise have admitted that they got it wrong. In the absence of data the authors admitted that they “developed their own.” They made it up. Mass shootings have remained the same for the last forty years. Do not expect the media to allow the truth to get in the way of a good story. THE BULLET If it were not for gun shows I wouldn’t get any exercise at all. Our annual picnic will be 27 September, 2015 from HIGH NOON to four PM at Crossfire Range in Independence. This is at 21200 E. Truman Rd about three miles east of 291 Highway. The range will be open for us. An open carry advocate announced his intention to carry in the St. Louis Zoo in defiance of their “no guns” sign. He was prepared to get a ticket. The zoo stole a march on him and got a restraining order. Violation of a restraining order is contempt of court; which means jail. A traveler at the Kansas City airport saw the “no guns” sign on the front door. He wondered how one could check guns in at the counter when they could not be brought into the building. He called the airport police and inquired. They responded with two officers and a TSA agent. The TSA agent frisked him and the officers demanded he explain why he wanted to know. The signs apply to concealed carry. If the gun is carried unloaded in a hard case in luggage it is not carried concealed because it is not accessible. We shall overcome. The 36 States That Honor Missouri’s Concealed Handgun License Alabama Arizona Colorado Florida Idaho Iowa Kentucky Michigan Mississippi Montana North Carolina New Hampshire Ohio Pennsylvania South Dakota Texas Vermont Wisconsin Updated 06/25/15 Alaska Arkansas Delaware Georgia Indiana Kansas Louisiana Minnesota Missouri Nebraska North Dakota New Mexico Oklahoma South Carolina Tennessee Utah West Virginia Wyoming "Liberty is the only thing you cannot have unless you are willing to give it to others." —journalist William Allen White THE BULLET COMING EVENTS ••• WMSA General Membership Meeting July 28, 2015 Nov. 24, 2015 Bass Pro Conservation Room Independence, MO WMSA PICNIC SUNDAY Sept. 27, 2015 Crossfire Range 21200 E. Truman Road Independence MO. 12 noon until 4:00 PM ••• MVACA Missouri Valley Arms Collectors Assn. July 24-26, 2015 KCI Expo Center Kansas City, MO One Day Show Sept. 20, 2015 American Legion Hall 499 S 7 Hwy Blue Springs, MO ••• R. K. Shows KCI Expo Center August 22-23, 2015 October 24-25, 2015 December 19-20, 2015 ••• WANENMACHER'S TULSA ARMS SHOW EXPO CENTER-EXPO SQUARE (TULSA FAIRGROUNDS) TULSA, OKLAHOMA Nov. 14 & 15, 2015 April 2 & 3, 2016 Nov. 12 & 13, 2016 ——— Call 877-333-WMSA or check the web site www.wmsa.net PAGE 5 NECESSARY (Continued from page 1) someday be lionized and those who stood up for Judeo-Christian morality treated as monsters? This series has highlighted the fact that several clauses, necessary and proper in this case, were crafted by the Constitution’s framers to maintain the codified limits on the power of the federal government. Ironically, Statists have stood the meaning of these restrictive clauses on their head in order to force them to do what they were designed to prevent thereby unlocking the limits on and allowing expansion of federal power without check. For the most part, few if any American are taught the correct purpose and function for the general welfare phrase and the commerce, supremacy, and necessary and proper clauses. Instead, they are taught the Constitution consists of hidden and implied powers whose existence and nature await only to be discovered (by Statist liberals of course) and the binding restrictive intent of the necessary and proper clause is really “elastic.” For example, William A. McClenaghan, Professor of Political Science at Oregon State University, is author of perhaps the most widely used textbook in America’s classrooms. He writes that; “The implied powers are those not expressly stated in the Constitution but are reasonably implied by those powers that are. The Constitutional basis for the implied powers is found in one of the expressed powers, Article I, Section 8, clause 18 gives to Congress the ‘necessary and proper power.”5 “Implied, not expressly stated, reasonably implied,” and “basis for the implied powers?” According to Founding Father and Constitutional drafter James Madison, the nature of Article I, Section 8 is restrictive and its immunity to expansion is through that non-flexible nature. To imply powers not listed is to interpret what is not listed into existence. Powers that are implied, unseen, and hidden by their very nature are unrestrictive. How can one restrict the invisible? In Federalist #41, Madison noted that certain critics of the Constitution based opposition to ratification on Congress’s authority to lay and collect taxes, duties, and imposts as open ended and amounting “to an unlimited commission to exercise every power which may be alleged to be necessary and proper…” Madison countered that had no enumeration of powers [Article I, Section 8] been included as the sole purpose for the power to tax and not connected to what was necessary and proper, then critics of the Constitution would have had a valid point. But that was not the case because both the power to tax and to do what was necessary and proper was tied to an enumeration of the powers delegated to the federal government by the states.6 Moreover, Madison added in Federalist #45; “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. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected.”7 Popular public high school government textbook authors like William McClenaghan and Richard Hardy promote notions of implied powers that are deduced, interpreted, and extrapolated from those powers which are listed, finite and restrictive. Like a legal contract, they establish the very boundaries of their restrictive nature and do not allow for flexible interpretation otherwise there would be no purpose in being so implicit. Assertions by proponents of “implied powers” begs the question; who decides when and what powers will be implied into existence, who decides what is meant by “reasonable” as to how far a new power will be stretched, and who decides when such implications actually become interpretations that go too far by altering the meaning of the Constitution? If these questions cannot be answered explicitly, expressing definable boundaries, then there is no longer limited government which is one of the bedrock pillars of America’s founding. Pretending issues raised by such questions are nonexistent makes perfect sense if one has for an agenda the Statist’s program to abolish the federal in favor of a national system of government. Indeed such NECESSARY (Continued on page 6) "We're coming up with new things to be offended by at a much quicker rate than we're retiring old things. This is not sustain able." —Frank Fleming PAGE 6 THE BULLET NECESSARY (Continued from page 5) questions cannot be answered because to do so might open the eyes of thinking Americans whose reaction could include efforts to reestablish constitutional government. This would deny politicians opportunities to construct electoral majorities through vote buying and ladling out largesse. The intent of limited government was to hem in the naturally destructive power of government to infringe on the liberties of people. “Implied” powers are by their nature an expansion of the power of government unshackled by the chains of codified limits at the expense of a Constitution written to protect people from such expansions. Conceding contemporary reality, McClenaghan writes; “Indeed, the necessary and proper clause is sometimes called the elastic clause because, over time, it has been stretched to cover so much.”8 My point exactly, although I would argue the conclusion that this stretching happens “sometimes” understates the problem. McClenaghan provides several examples of how reading into the necessary and proper clause has provided a “convenient and expedient” tool to expand rather than limit the power of the federal government; Congress’s laws regulating “labor management relations, building hydroelectric dams,” constructing America’s interstate highway system, federalizing state criminal laws, regulating freedom of association through laws dictating the use of private property relative to race and socalled “sexual orientation,” and laws regulating commercial activity across state lines.9 None of these powers was ever delegated by the States to the federal government. To have done so would have created a national in place of a federal government, an agenda debated and rejected by the delegates to the Constitutional Convention [1787] meeting in Philadelphia. The vital clauses; general welfare, commerce, supremacy, and necessary and proper along with the Tenth Amendment, were drafted and made part of the Constitution in order to convince its critics that a federal government had indeed been created and could not exceed its codified boundaries established in Article I, Section 8. Recall that at the time the new Constitution was being debated, its proponents had to convince Americans that they were creating a federal system of very limited powers that would not infringe on those of the States creating it. Once again McClenaghan lets the cat out of the bag observing; “Much of the vitality and adaptability of the United States Constitution can be traced di- rectly to this provision---and even more so to the ways both Congress and the Supreme Court have interpreted and applied it over the years. For good reason---for it has been stretched so far and made to cover so much over the years.”10 McClenaghan does not deny nor hide the fact that this restrictive clause, necessary and proper, has instead been utilized to make legal essentially whatever Congress wants to do. The notion of limited government, then, is dead. In 1816, Congress attempted to charter the Second Bank of the United States going so far as to include provisions for a “national” bonus bill. Profits generated by the Bonus-Bill were to be used for “internal improvements” (roads, bridges, canals, and such all of which had been voted down during the constitutional debates) which were and are unconstitutional and illegal, then and now. In his last official act as president, James Madison vetoed the bill admonishing Congress that he was unable to reconcile the Bonus Bill with the Constitution. He wrote; “The legislative powers vested in Congress are specific and enumerated in the eighth section of the first article of the Constitution and it does not appear that the power proposed to be exercised by the bill is among the enumerated powers, or that it falls by any just interpretation within the power to make laws necessary and proper for carrying into execution those or other powers vested by the Constitution in the government of the United States.”11 Madison’s veto was based on the fact there was no Constitutional grant of authority for the “federal” government to build roads, bridges, or canals listed in Article 1, Section 8 or any other part of the Constitution.12 Although at times Madison promoted a national as opposed to federal government, so-called “antifederalists” [the true federalists] pointed out that a national system would nullify a limited government by abolishing the restrictions imposed on it through the enumerated powers [again, Article 1, Section 8]. In addition, Elbridge Gerry of Massachusetts reminded Madison that a federal not national system had been agreed upon by the delegates to the Constitution Convention and subsequent State ratifying conventions. Madison had to agree with Gerry.13 Chief Justice of the Supreme Court Roger B. Taney of Maryland, wrote in response to president Lincoln’s Conscription [draft] Act of 1863 noting the government was federal not national which meant it was granted limited and specific powers. A national government could exercise whatever powers it wanted but not so a federal system. Congress had the power to make any law necessary and proper to carry out only its enumerated powers in Article I, Section 8. In addition, the 10th Amendment “was adopted after the ratification process to underscore the fact that the states remained sovereignties---that is---that they remained the final authorities in the areas the Constitution did not delegate to the federal government. Thus any congressional attempt to legislate beyond the known bounds of Congress’s authority would be ‘a usurpation of state sovereignty---and consequentially, illegal.” Taney’s view was wholly consistent with that of those called “Federalists” during the debate over ratification in the states.14 NECESSARY (Continued on page 7) "Wherever the real power in a government lies, there is the danger of oppression." —James Madison THE BULLET NECESSARY (Continued from page 6) The Constitution’s framers gave assurances to critics and the States that they had created a limited government which was important considering the “repeatedly expressed fears of unlimited government” voiced by so many Americans. Therefore, notions of any clause being elastic flies in the face of commons sense as well as the facts. An elastic clause “would have defeated the purpose the Framers had in mind in drafting a written Constitution.” The necessary and proper clause was never designed to be elastic because to do so would have been “an invitation to tyranny that would have horrified just about everyone. It was intended as a note of clarification only. It meant not that the federal government was thereby granted an array of unspecified powers, but that the government could perform simple tasks that were clearly incidental to carrying out its enumerated powers.”15 Is this simply the opinion of one scholar? Examining debates at ratification conventions called by the states reveals “assurances” that the necessary and proper clause meant no more than an authorization to carry out the expressed powers. Virginia delegate George Nicholas reassured everyone that the clause did not comprise an “augmentation of power.” Madison added it did not constitute “supplementary powers” in addition to those enumerated (noting to be stretched, no elasticity]. North Carolina delegate Archibald Maclaine noted the clause created “no new power” and Pennsylvania Chief Justice Thomas McKean agreed writing the clause created “no further powers than those enumerated” [again, not subject to “stretching” to form new unintended powers]. History reveals that the “Constitution would have been exactly the same had this alleged elastic clause not been included at all.” Over and over again, when examining the statements of both those who feared and supported a strong central government, it is clear there was never any elasticity imparted to the necessary and proper clause and, had that not been true, the States would never have ratified the proposed Constitution.16 Using the NSA, FBI, and who knows what other “federal” agency to spy on law abiding Americans, dispatching the IRS to hound and harass Christian, Conservative, and pro-Israel organizations, employing the BATF to force law-abiding gun stores to sell firearms to Mexican Cartels simply to “prove” foreign nationals buy their weapons at American gun-shows (they don’t), illegal executive orders with respect to amnesty for illegal PAGE 7 aliens and attempting to shut down American coal mining and production based on hair-brained radical environmentalist fantasy Armageddon scenarios are certainly hallmarks of the Obama administration run amuck. But, in reality, they are the blueprint and pattern of any government run amuck, no longer hemmed in and controlled by its own Constitution. Thomas E. Woods, Jr., Nullification: How To Resist Federal Tyranny In the 21st Century (Washington, D.C., Regnery Publishing, Inc., 2010), 29. 2 Roger B. Beck, Linda Black, et al, editors, Modern World History: Patterns of Interaction (Evanston, Illinois, McDougal Littell, 2003), 171-172. 3 IBID. 172-173. 4 IBID. 173-174. 5 William A. McClenaghan, Magruder’s American Government (Needham, Massachusetts, Prentice Hall, Simon & Schuster, Education Group, 1988), 75. 6 Clinton Rossiter, Editor, The Federalist Papers: Federalist #41 (New York, N.Y., A Mentor Book from New American Library, 1961), 262-263. 7 IBID. 292-293. 8 McClenaghan, 75. 9 IBID. 75 10 IBID. 271. 11 Thomas E Woods, Jr., and Kevin R.C. Gutzman, Who Killed the Constitution? (New York, N.Y., Crown Forum, Random House, Inc., 2008), 74-75. 12 IBID. 75-76 13 IBID. 110. 14 IBID. 121-123. 15 Thomas E. Woods, Jr., Nullification: How To Resist Federal Tyranny In the 21st Century (Washington, D.C., Regnery Publishing, Inc., 2010), 29. 16 IBID. 29-32. 1 "The most dangerous myth is the demagoguery that business can be made to pay a larger share, thus relieving the individual. Politicians preaching this are either deliberately dishonest, or economically illiterate, and either one should scare us. Business doesn't pay taxes.... Only people pay taxes, and people pay as consumers every tax that is assessed against a business. Begin with the food and fiber raised in the farm, to the ore drilled in a mine, to the oil and gas from out of the ground, whatever it may be -- through the processing, through the manufacturing, on out to the retailer's license. If the tax cannot be included in the price of the product, no one along that line can stay in business." --Ronald Reagan “Washington, D.C. is a place where delusions go to thrive. That explains why Congress and the president are now agreed on remedies that will not work, expending money they do not have, to fix a problem that may not exist.” —Steve Chapman "Good government is the most dangerous government, because it deprives people of the need to look after themselves." —Gandhi PAGE 8 THE BULLET CCRKBA LAUNCHES NEW EFFORT TO ‘CULTIVATE’ GRASSROOTS The Citizens Committee for the Right to Keep and Bear Arms has launched a new national campaign aimed at countering the multi-million dollar gun control lobbying effort of billionaire Michael Bloomberg’s “Everytown for Gun Safety.” “While Bloomberg is spending millions of dollars to create Astroturf,” said CCRKBA Chairman Alan M. Gottlieb, “our mission is to cultivate honest grassroots activism.” CCRKBA has already aired a 30-second spot on some key cable networks, and the full program will have spots appearing on the following networks: FOX Business, SPIKE, Velocity, American Heroes, History and H2, TNT, Do It Yourself, AMC, Discovery and Investigation Discovery, the Outdoor Channel, the Sportsman Channel, CMT, Trinity Broadcast Network, Fox News, The Blaze and the Weather Channel. “This is one of our most ambitious undertakings,” Gottlieb explained. “We’re challenging what might best be described as a public disinformation effort backed by a multi-billionaire who is becoming increasingly involved in state level politics. He may spend millions of dollars, but we’re reaching out to millions of law-abiding citizens. “Our country is experiencing increasing turmoil and the threat of so-called ‘lone wolf’ terrorism,” he added. “Now is not the time to be eroding the most basic tenet of our liberty, which is the one right that protects all of our other rights. The system may be broken, but surrendering our rights is not the way to fix it. “Wealthy demagogues think they can buy the power to tell everyone else how to live,” Gottlieb said. “The Bill of Rights is not up for grabs, especially not one piece at a time. Today these elitists are after the Second Amendment, but what about tomorrow? The First Amendment right of free speech? Maybe the Fourth Amendment right of privacy. Or how about the Fifth Amendment right of due process? “This battle isn’t about guns,” he said. “This is about freedom, and that’s not for sale at any price.” New Yorkers Say 'No' to SAFE Act The New York State Police initially shot down inquiries into how many "assault weapons" have been registered with the state after its legislature enacted the SAFE Act in 2013, and we now have a pretty good idea why — because compliance is abysmal. On April 30, New York Supreme Court Judge Thomas McNamara ordered the State Police to disclose registration statistics. According to the figures, which were made public this week, just 23,847 gun owners have registered a total of 44,485 military-looking weapons. For perspective, that's less than the 50,000 firearms registered under a similar law in Connecticut. Keep in mind, Connecticut has a population of 3.6 million, according to the Census Bureau. New York's is 19.8 million. Just a small disparity. Keep in mind also that New Yorkers own somewhere around 1,000,000 of these so-called assault rifles, which would mean just 4% of eligible firearms have been registered. Leah Barrett, executive director of New Yorkers Against Gun Violence, tried to put a positive spin on the numbers, responding, "Tens of thousands of people have complied with the law. That's important. It shouldn't be overlooked." What shouldn't be overlooked either is that the overwhelming majority of New Yorkers are exercising civil disobedience by rejecting a blatantly unconstitutional law. And they aren't afraid to be jailed for it, either. Obama's New 'Angry' Standard for Owning Guns As we have already noted here and here, Barack Obama wants you to believe that the horrific murders in Charleston last week happened because his gun control agenda has been thwarted. In a new interview — part of a comedian's somehow appropriately titled podcast "WTF With Marc Maron" — Obama blamed the NRA. "Unfortunately, the grip of the NRA on Congress is extremely strong," he said. "I don't foresee any legislative action being taken by this Congress." Fortunately, the Second Amendment, which the NRA defends, still holds sway with enough members of Congress to stop Obama's agenda. Of course, he trotted out his usual trope about how he concedes "we have to be respectful" of the traditions of "hunting and sportsmanship around firearms," neither of which have much to do with our rights. But his most worrisome statement was on the standards for background checks, which the Charleston murderer passed. Obama wants those background checks to be even tougher to pass. How tough? Obama asked, "The question is just, is there a way of accommodating that legitimate set of [hunting and sporting] traditions with some common-sense stuff that prevents a 21-year-old who's angry about something — or confused about something, or is racist, or is deranged — from going into a gun store, and suddenly he's packing and can do enormous harm?" So now the standard is whether someone is merely angry, confused or racist? Who gets to decide that? If it's Obama, no Republican would ever be permitted to purchase a gun. “We are so robotic in America whenever the word ‘discrimination’ is used that we shut down thought and all genuflect in the direction of whoever is complaining. But the proper question is not whether it is discrimination but whether it is justified.” —Mona Charen "Ain't it funny how many hundreds of thousands of soldiers we can recruit with nerve. But we just can't find one politician in a million with backbone." --American humorist Will Rogers "Evil is powerless if the good are unafraid." —Ronal Reagan THE BULLET PAGE 9 Muzzling Both Guns and Speech By Allyne Caan Given Barack Obama’s contempt for the Second Amendment — after all, an armed citizenry is the last line of defense against a tyrannical government — it’s little wonder that a proposed rule relating to the International Traffic in Arms Regulations (ITAR) governing the export of certain "defense articles" is raising concerns. The rule, published in the June 3 issue of the Federal Register, proposes to regulate speech — including online speech — relating to firearms and to require government approval before individuals can share certain information publicly. Penalties for violations climb as high as $1 million or 20 years in jail. Specifically, the proposed rule rewrites key definitions in ITAR, including “technical data,” “public domain” and “export.” Currently under ITAR, any weapons-related information that is in the “public domain” can be shared without penalty. However, now that the age of technology has thrown a wrinkle into the meaning of “public domain,” the government feels the need to “clarify.” At first glance, the clarification sounds well and good, as the rule states, “Except as set forth in paragraph (b) of this section, unclassified information and software are in the public domain, and are thus not technical data or software subject to the ITAR, when they have been made available to the public without restrictions upon their further dissemination.” But it’s what comes in paragraph (b) that has folks concerned. It turns out that, this “clarification” notwithstanding, “public domain” really means only what the government says it means. The rule continues, “Technical data or software, whether or not developed with government funding, is not in the public domain if it has been made available to the public without authorization from: (1) The Directorate of Defense Trade Controls; (2) The Department of Defense’s Office of Security Review; (3) The relevant U.S. government contracting entity with authority to allow the technical data or software to be made available to the public; or (4) Another U.S. government official with authority to allow the technical data or software to be made available to the public.” According to the National Rifle Association, the outcome of such a rule is troublesome: “Gunsmiths, manufacturers, reloaders, and do-it-yourselfers could all find themselves muzzled under the rule and unable to distribute or obtain the information they rely on to conduct these activities.” One minute you’re posting a description of a new firearm design, and the next you’re accused of exporting technical data to a foreign government. Particularly noteworthy, too, is the timing of the proposed rule, as it comes on the heels of Defense Distributed's lawsuit against the federal government. Defense Distributed is a pro-Second Amendment organization targeted by the State Department in 2013 for allegedly exporting technical data illegally. Two years ago, it published online plans to 3D print a pistol after it developed a single-shot .22 pistol named The Liberator. As The Federalist’s Sean Davis reports, Defense Distributed’s supposed crime was little more than “mak[ing] its data, compiled entirely from publicly available information, available for free on the internet.” In response, the government demanded the group submit its speech to Uncle Sam for approval before dissemination. When Defense Distributed attempted to comply, the government delayed by doing nothing. So Defense Distributed filed suit in May, and, voila, on June 3 we have the newly proposed rule. While it’s certainly important that the government protect against the public sharing of confidential weapons information, the wording of the proposed rule — particularly given the nature of this administration — is hardly comforting. Indeed, as National Review’s Charles C. W. Cooke notes, “[I]t is difficult to imagine how any firearms website would be able to survive the regulators’ caprice.” And while it’s possible such an outcome was not the administration’s intent, it’s also possible it was. The good news is that the administration is accepting public comment until August 3 on the proposed rule, and it certainly wouldn’t be a bad idea to push for clarification. After all, trusting the good intentions of any government has never proven an effective defense of Liberty. SCOTUS Passes on Chance to Set 2A Ruling Right Not exactly profiles in courage, but the Supreme Court declined to review two lower court rulings upholding San Francisco's draconian gun control laws. The Associated Press reports, "The court on Monday let stand court rulings in favor of a city measure that requires handgun owners to secure weapons in their homes by storing them in a locker, keeping them on their bodies or applying trigger locks. A second ordinance bans the sale of ammunition that expands on impact, has 'no sporting purpose' and is commonly referred to as hollow-point bullets." Of course, in DC v. Heller, the Supreme Court struck down a requirement about locking down a firearm in the home, saying the Second Amendment protects the right of the people to keep a "lawful firearm in the home operable for the purpose of immediate self-defense." So by declining to hear this case, the justices are allowing a patchwork of wrong interpretations of its ruling to stand. As Justice Clarence Thomas wrote, "Despite the clarity with which we described the Second Amendment’s core protection for the right of self-defense, lower courts, including the ones here, have failed to protect it." Furthermore, they're passing on an opportunity to clarify the most important point of all: The Second Amendment is not "for sporting purposes." The ban on hollow-point ammunition is beyond asinine, but the justices can't be bothered to fire anything but blanks. "In America, our origins matter less than our destination, and that is what democracy is all about." —Ronald Reagan PAGE 10 THE BULLET We’re having a raffle! It’s time for another fundraiser. Last year we raffled off a Ruger 10/22 configured to look like a Thompson SMG. This year we’re raffling off an AR-15. The rules for this year’s raffle are a bit different than from previous raffles. First, we’ve limited the number of raffle tickets to only 500. Second, unlike some pr evious raffles, we will not mail tickets to members to sell. Tickets will be available at all General meetings and at events where WMSA has a table. Third, in addition to building our treasury for the coming year, this year’s raffle is aimed towards gaining more WMSA members. The tickets are $10 each. Only 500 are being printed. If you buy one ticket, you have one chance in five hundred of winning. If you buy two tickets, your chances rise to two chances in five hundred. As an added incentive, bring in a new member and get a free raffle ticket. Any current member who brings in a new WMSA member gets a free raffle ticket for each new member added to our rolls. Bring your prospective new member to a General membership meeting and when the new member completes the membership application and pays their dues, you are handed a ticket, no charge! No WMSA funds were used to acquire the rifle nor the accessories. The drawing for the rifle will be at the January 2016 general meeting…or earlier if all the raffle tickets are sold. Don’t want to wait until January? Go recruit new members, get a free ticket for every member and exhaust our limited number of tickets. The quicker they are all gone, the sooner we’ll have the drawing. Tickets can also be obtained via mail by sending a check to the WMSA, P.O. Box 11144, Kansas City, MO 64119. If you win, what will you get? You get more than just the rifle. The rifle itself is a flat-top M4 clone. DPMS Sportical M-4 Clone (Photo of the actual rife.) DPMS Sportical Carbine AR-15 rifle / 5.56 NATO 16” barrel 4 Magpul 30 round magazines & one factory 30 round metal magazine. Soft side tactical rifle case with 6 Pockets. Miculek DPMS Muzzle Brake — installed. Hogue overmolded pistol grip — installed. NcStar 3X9 power dual illuminated reticle tactical rifle scope — installed. 1 case (500 rds.) Federal XM193, 5.56mm 55g, FMJ Ammunition. Here’s your chance for an AR, or another if you already have one. Come to our next General meeting and buy your tickets! "The urge to save humanity is always a false front for the urge to rule it." -- H. L. Mencken THE BULLET PAGE 11 MEMBERSHIP APPLICATION WESTERN MISSOURI SHOOTERS ALLIANCE The Alliance is a regionally-based, grass-roots organization that seeks to; 1) 2) 3) 4) 5) 6) 7) 8) Counter the designs of malicious legislators. Confront the media’s twisted portrayals of gun rights issues. Politicize and activate gun owners in defense of their rights. Acquaint the public with the true nature of the Second Amendment. Network with other pro-gun groups to coordinate local, state and national strategies. Train people in basic firearm safety and handgun defense. Sponsor and support pro-gun legislation. Make politicians aware that gun owners are awakening from their accustomed apathy and WILL TOLERATE NO FURTHER EROSION OF THEIR FREEDOMS! Date: _____/_____/_____ Name: ______________________________ Address:_____________________________ City:________________________________ Mail to: Western Missouri Shooters Alliance P.O. Box 11144 Kansas City, MO 64119 Hotline (877) 333-WMSA www.wmsa.net County: ___________________ State:________ Zip:___________ Occupation: __________________________ Home Phone: (____) ____-_________ E-Mail _________________________ Cell Phone: (____) ____-________ NRA member? ____ Registered Voter? ____ Check membership type: ___ Annual $25 (voting rights) ___ Sponsor $100 (4 business card ads per year.) ___ Senior $15 (65+) __ Sponsor $250 (12 business card ads per year.) ___ Associate $10 (spouse, no newsletter) __ Sponsor $500 (4 half- page ads per year.) __ Sponsor $1000 (12 half- page ads per year.) Dedicated to the restoration of the inalienable right to keep and bear arms as guaranteed by the Second Amendment PAGE 12 THE BULLET Western Missouri Shooters Alliance P O Box 11144 Kansas City, MO 64119 PRESORT STD AUTO U.S. POSTAGE PAID OAK GROVE, MO PERMIT NO. 60 ...dedicated to the restoration of the inalienable right to keep and bear arms as guaranteed by the 2nd Amendment *REMINDER* Next General Meeting is scheduled for Tuesday, July 28, 2015 at 7:00 PM Meeting located at Bass Pro Conservation Room, Independence, MO CONTACT INFORMATION - Let them know what you think! Missouri State Senate Jason Holsman—D -Dist 7 201 W Capitol Ave., Rm. 421 Jefferson City, Misouri 65101 (573)751-6607 Will Kraus—R -Dist 8 201 W Capitol Ave., Rm. 418 Jefferson City, Misouri 65101 (573) 751-1464 S. Kiki Curls—D -Dist 9 201 W Capitol Ave., Rm. 434 Jefferson City, Misouri 65101 (573) 751-3158 Paul LeVota—D—Dist 11 201 W Capitol Ave., Rm. 330 Jefferson City, Misouri 65101 (573) 751-3074 Dan Hegeman—R -Dist 12 201 W Capitol Ave., Rm. 332 Jefferson City, Misouri 65101 (573) 751– 1415 Ryan Silvey—R - Dist 17 201 W Capitol Ave., Rm. 331A Jefferson City, Misouri 65101 (573) 751-5282 David Pearce -R—Dist 21 201 W Capitol Ave., Rm. 227 Jefferson City, Misouri 65101 (573) 751-7381 Pat Conway—D—Dist 10 201 West Capitol Ave Rm. 109B Jefferson City, Missouri 65101 (573) 751-9755 Noell J Shull - R Dist 16 201 West Capitol Ave Rm. 201B Jefferson City, Missouri 65101 (573) 751-9458 Donna Pfautsch - R Dist 33 201 West Capitol Ave Rm. 236B Jefferson City, Missouri 65101 (573) 751-9766 Nathan Beard— R - Dist 52 201 West Capitol Ave Rm. 409A Jefferson City, Missouri 65101 (573) 751-9774 Ed Emery—R—Dist 31 201 W Capitol Ave., Rm. 426 Jefferson City, Misouri 65101 (573) 751-2108 Galen Higdon—R -Dist. 11 201 West Capitol Ave Rm. 412A Jefferson City, Missouri 65101 (573) 751-3643 Nick King - R Dist 17 201 West Capitol Ave Rm. 201-CA Jefferson City, Missouri 65101 (573) 751-1218 Rebecca Roeber - R Dist 34 201 West Capitol Ave Rm. 116-3 Jefferson City, Missouri 65101 (573) 751-1456 Glen Kolkmeyer - R Dist 53 201 West Capitol Ave Rm. 400CA Jefferson City, Missouri 65101 (573) 751-1462 Rob Schaaf—R—Dist 34 201 W Capitol Ave., Rm. 423 Jefferson City, Misouri 65101 (573) 751-2183 Kenneth Wilson—R _Dist 12 201 West Capitol Ave Rm. 206A Jefferson City, Missouri 65101 (573) 751-9760 Lauren Arthur - D Dist 18 201 West Capitol Ave Rm. 109H Jefferson City, Missouri 65101 (573) 751-2199 Gary L. Cross - R Dist 35 201 West Capitol Ave Rm. 112 Jefferson City, Missouri 65101 (573) 751-1459 Denny Hoskins - R - Dist 54 201 West Capitol Ave Rm. 301 Jefferson City, Missouri 65101 (573) 751-4302 Missouri House Nick Marshall—R— Dist 13 201 West Capitol Ave Rm. 134 Jefferson City, Missouri 65101 (573) 751-6593 Mike Cierpiot—R Dist 30 201 West Capitol Ave Rm. 302B Jefferson City, Missouri 65101 (573) 751-0907 T. J. Berry - R Dist 38 201 West Capitol Ave Rm. 205 Jefferson City, Missouri 65101 (573) 751-2238 Rick Brattin— R - Dist 55 201 West Capitol Ave Rm. 114C Jefferson City, Missouri 65101 (573) 751-3783 Kevin Corlew—R Dist 14 201 West Capitol Ave Rm. 201A Jefferson City, Missouri 65101 (573) 751-3618 Sheila Solon - R - Dist 31 201 West Capitol Ave Rm. 305B Jefferson City, Missouri 65101 (573) 751-8636 Joe Don McGaugh - R -Dist 39 201 West Capitol Ave Rm. 236A Jefferson City, Missouri 65101 (573) 751-1468 Jack Bondon - R - Dist 56 201 West Capitol Ave Rm. 201F Jefferson City, Missouri 65101 (573) 751-2175 Jon Carpenter— D - Dist 15 201 West Capitol Ave Rm. 101-I Jefferson City, Missouri 65101 (573) 751-4787 Jeanie Lauer— R Dist 32 201 West Capitol Ave Rm. 413B Jefferson City, Missouri 65101 (573) 751-1487 Dean Dohrman - R Dist 51 201 West Capitol Ave Rm. 115G Jefferson City, Missouri 65101 (573) 751-2204 Wanda Brown - R - Dist 57 201 West Capitol Ave Rm. 412C Jefferson City, Missouri 65101 (573) 751-3971 Jim Neely—R—Dist 8 201 West Capitol Ave Rm. 110A Jefferson City, Missouri 65101 (573) 751-0246 Delus Johnson—R—Dist. 9 201 West Capitol Ave Rm. 302-1 Jefferson City, Missouri 65101 (573) 751-3666 WEB ADDRESSES - Get educated! Gun Owners of America www.gunowners.org 703-321-8585 Gateway Civil Liberties Alliance http://www.gclastl.org/ 866 385-GUNS (4867) Women Against Gun Control www.wagc.com 801-328-9660 Jews for the Preservation of Firearms Ownership www.JPFO.org 262- 673-9745 Missouri Sport Shooting Association www.missourisportshooting.org/ NewsMax.com www.newsmax.com The National Rifle Association www.nra.org 800-672-3888 Western Missouri Shooters Alliance www.wmsa.net The Paul Revere Network www.paulrevere.org 312- 482-9910 Second Amendment Sisters, Inc. www.2asisters.org 877- 271-6216 The Second Amendment Foundation www.saf.org 425- 454-7012 Arming Women Against Rape and Endangerment www.aware.org 877-672-9273 The Washington Times www.washtimes.com The London Telegraph www.telegraph.co.uk The Drudge Report www.drudgereport.com
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