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PERRIN LOVETT

~ Fiction, Freedom, and The West

PERRIN LOVETT

Tag Archives: The Founders

Gunning For Votes: A Look At Candidate Positions On The Second Amendment

20 Sunday Sep 2015

Posted by perrinlovett in Legal/Political Columns

≈ 4 Comments

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America, Bernie Sanders, Carly Fiarino, Constitution, crime, Darryl Perry, Democrats, Donald Trump, Federal government, freedom, Gary Johnson, government, guns, Hillary Clinton, Jeb Bush, Joe Biden, Libertarian Party, Liberty, Natural Law, Natural Rights, President, Rand Paul, Republicans, rights, Second Amendment, self-defense, self-preservation, States, Supreme Court, Tenth Amendment, The 2A, The Founders, The People, Thomas Jefferson, tyranny, United States, violence

Last week Donald Trump added a white paper to his presidential election campaign materials: PROTECTING OUR SECOND AMENDMENT RIGHTS WILL MAKE AMERICA GREAT AGAIN.  Until then The Donald had been a one note Donny – his note was all immigration reform.  I decided to make a professional examination of his paper.  Then I decided to review the positions of major candidates from all parties on the subject of the Second Amendment.  Not all of them, of course; there is something like 170 Republicans seeking the party’s nomination.  I don’t have that kind of time.  Trump gets the spotlight.  Not because he’s Trump but because he published a white paper.

Now, this examination draws together two concepts which, for me, are diametrically opposed: I love and cherish firearms rights and all individual freedom; I detest electoral politics and government in general.  Herein, though, I attempt to keep a neutral attitude towards the subject.  You will soon realize my failure.

“A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”  Second Amendment to the U.S. Constitution (1791)(entirety).  I have expounded, in great detail, on the Second Amendment.  While a part of the Federal Constitution, establishing another government to plague mankind, the Second Amendment is the part that embodies the spirit of natural self-preservation, a branch of Natural Law.  It embodies protecting oneself from small-scale, “ordinary” predation as well as from the tyranny brought about by politics.

Politics involves the people setting themselves up for disaster one election at a time.  It’s usually a contest to see who is the biggest and worst rat – the rats usually win.  “The most improper job of any man, even saints (who at any rate were at least unwilling to take it on), is bossing other men. Not one in a million is fit for it, and least of all those who seek the opportunity.”  J.R.R. Tolkien, 1943 The Letters of J.R.R. Tolkien.

Let’s get started with…

The Republican Field

Donald Trump

Trump begins his dissertation: “The Second Amendment to our Constitution is clear. The right of the people to keep and bear Arms shall not be infringed upon. Period.”  He soon forgets the infringement and the period and explains why some abridgment is okay.

trump

donaldjtrump.com.

Well, he doesn’t throw The 2A under the bus immediately:

The Constitution doesn’t create that right – it ensures that the government can’t take it away. Our Founding Fathers knew, and our Supreme Court has upheld, that the Second Amendment’s purpose is to guarantee our right to defend ourselves and our families. This is about self-defense, plain and simple.

That’s his way of kinda sorta acknowledging Natural Law.  I might add, here, that it’s not just about self-defense.  It’s also about tyranny prevention and resolution – through armed and extreme measures if necessary.  The Founding Father knew about that too; The Supreme Court wouldn’t exist without it either.

Trump then moves on to enforcing “the laws on the books.”  That’s great so long as those laws are valid – most are not.  “We need to get serious about prosecuting violent criminals,” Trump says.  He gives examples of local violent crimes.  The man is not running for any local office but for President of the United States.  There are only two (potentially) violent federal crimes mentioned in that Constitution nobody reads: piracy and treason.  And, those are almost exclusively committed (alone with counterfeiting), these days, by the federal government itself.

States and localities should enforce laws that prevent violence against the innocent or which punish such violence.  My view is if a man commits a violent crime, then he should be prevented from further interaction with society, either via a prison sentence or a well placed shot.  This approach would necessarily remove him from the pool of persons capable of bearing arms.  Otherwise, the issue of crime is as completely removed from the Second Amendment discussion as violent crimes are removed from federal jurisdiction.

Speaking of well placed shots … Trump advocates self-defense.  That’s good!  He boasts, “that’s why I have a concealed carry permit, and that’s why tens of millions of Americans have concealed carry permits as well.”  That’s bad!  Who needs a “permit” from anyone (least of all from political and bureaucratic rodentia) to exercise a right??  Free people must be free to arm themselves if they like, without any government involvement – infringement if you will.

Trump wants to fix our broken mental health system.  Again, that’s great.  It’s also not part of his desired employment as set forth in Article Two of the Constitution (I keep coming back to that thing…).  I assume he means using his personal financial and celebrity status to help the mentally ill.  For that I commend him.  Otherwise, like crime mental health is irrelevant to the Second Amendment.

He gets back to guns: “Law-abiding people should be allowed to own the firearm of their choice. The government has no business dictating what types of firearms good, honest people are allowed to own.”  By itself this is his piece de resistance! However, he immediately murkifies the white right out of his paper by praising federal background checks (infringement) and by advocating a national carry permit (we have that now, it’s called the Second Amendment).  He also says driving a car is a privilege, not a right but that is another can of white papers.

The Donald ends by praising the military (yes, he’s running as a Republican) and proclaiming the rights of servicemen to carry arms.  I wonder if he caught the word “militia” in the text of The 2A?  The militia is the people. The people have the right to arms.  Trump’s military is the national standing army, known bane of freedom and limited to a two-year duration by that Constitution (am I dreaming all this????).

If pressed I don’t think trump would stand he forceful claim about people owning the firearm of their choice.  Suppose my choice is belt-fed and electrically operated.  Who Donald permit that or would he fire me? I don’t care to find out.

Carly Fiorina

Carly doesn’t have a white paper though she has much better looks that Trump (sure he would agree).  Her Second Amendment views may be found on her website, including a video from Fox News!

She notes that her husband has a government permission slip to carry a gun and she thinks that is fine and Constitutional.  I don’t think she’s read the document nor does she grasp the concept of a right.

Rand Paul

Dr. Paul is the son of Dr. Ron Paul, the man who should be President now. Outside of the Libertarians (see below), Rand has the best stance of The 2A.

As President, I vow to uphold our entire Bill of Rights, but specifically our right to bear arms.

Those who support the second amendment must also vehemently protect the Fourth Amendment. If we are not free from unreasonable and warrantless searches, no one’s guns are safe.

I will not support any proposed gun control law which would limit the right to gun ownership by those who are responsible, law-abiding citizens.

In the White House, I will remain vigilant in the fight against infringements on our Second Amendment rights.

Excellent!  However, to be true to his word, Rand would have to seek to repeal numerous federal laws in place now (NFA, ATF, 1986 “tax” act, etc.).  He’s also right about protecting rights in tandem.  That’s really the only valid reason to have a government.  He must also know that, sadly, every government in human history has immediately departed from this objective.  This trend will not abate anytime soon, Rand or no.

Jeb Bush

Yeah.  Another Bush.  Bush number three.  Not to worry, there’s a Clinton down below (not like that, Bill…).

I could not find an issue statement from George…er…Jeb’s website.  I did find an interesting exchange between the former governor and Stephen Colbert on The Late Show:

Stephen Colbert: Well, the right to have an individual firearm to protect yourself is a national document, in the Constitution, so shouldn’t that also be applied national…

Jeb Bush: No. Not necessarily…There’s a 10th amendment to our country, the Bill of Rights has a 10th amendment that says powers are given to the states to create policy, and the federal government is not the end all and be all. That’s an important value for this country, and it’s an important federalist system that works quite well.

Once again the comedian gets it right, the politician wrong.  Bush is aware of the tenth but not the second? Firearms and defense are universal rights not just national rights.  The right to self-preservation exists even in the absence of any government (imagine that for a minute..aaahh).  Bush didn’t even get number 10 quite right; “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”  Tenth Amendment to the U.S. Constitution (1791)(entirety).

This means the federal government is strictly limited to those very few powers specifically written in the Constitution.  The States have some power outside the scope of the federal leviathan – concerning violent crime for example.  And, The People themselves retain political power.  By the way, government is a mix of powers and rights. The body politic is empowered only insofar as it may preserve the rights of the individual.  None of this power, federal, state or personal may (legitimately) infringe the freedoms of the people.  Illegitimately, it happens all the time.  Use your personal power – save us from another Bush presidency.

The Democrats

The days of Zell Miller and Sam Nunn being behind us, many write off the donkey party as wholly anti-gun.  Anti-freedom is more accurate.  They are generally a mirrored image of their anti-freedom elephant counterparts. Losing my objectivity, yes.

Hillary Clinton

Clinton.  Yes, one married to that other Clinton.  Like so many leftists, Hillary couches firearms issues in backwards thinking and words.  To her guns in private hands are bad and result in bad things.  Instead of “firearms rights” she talks about “gun violence prevention.”

“I don’t know how we keep seeing shooting after shooting, read about the people murdered because they went to Bible study or they went to the movies or they were just doing their job, and not finally say we’ve got to do something about this.”  Hillary, August 27, 2015.  Part of her something would be reinstating the assault weapons ban.  That would be infringement as prohibited by the Second Amendment.

Like Hillary I too deplore violence.  That’s why I support a ban on government.

Bernie Sanders

Bernie’s list of issues is devoid of anything for or against the Second Amendment.  I glanced over it and it rather reminded me of Karl Marx, maybe with a friendly Vermont bent.  Moving on…

Joe Biden

Crazy Joe is apparently just about to get into the race.  He has no papers or issue statements yet.  However, some of his positions on guns may be found here and here.  Mind you, should he enter the race, his positions are subject to magically change depending on who he’s talking to.  Buyer beware.

Despite having voted against gun rights in the past, at a press conference in 2013 Biden enthusiastically demonstrated his prize, imaginary shotgun for reporters.  Trump has a point about mental illness.

Libertarians

Americans love their “two-party” system despite its none-existence.  We all tend to forget about the lovable, pot-loving Libertarians.  In addition to legalizing (decriminalizing, geesh) whacky tobacky, the LP is pretty decent on gun rights as far as it goes…

Darryl Perry

Darryl Perry is running for President.  He has a list of issues in his platform among which is “Self Defense.”  “As a Life Member of the Second Amendment Foundation, I support the right to privately own and possess firearms or any other weapon deemed appropriate for self-defense.”  Perry.

Deemed appropriate by whom, Mr. Perry?  “Deemed appropriate” sounds like the talk of the permit set.  What about offensive weapons designed to rid the people of a tyrant.  Ah.  That would go against the LP’s pledge, “I hereby certify that I do not believe in or advocate the initiation of force as a means of achieving political or social goals.”

That’s fine and dandy during civilized times.  But, suppose there’s a government on the loose?  What then?  Defense?  Defense against government is best accomplished by government prevention, which may require a little initiation of force – see the American Revolution, Thomas Jefferson, New Hampshire Constitution, etc.

Gary Johnson

Mr. Johnson was the LP candidate during the 2012 election.  No word on whether he’s in for this bout.  Nonetheless I have included his position.

“I don’t believe there should be any restrictions when it comes to firearms. None.” Johnson, April 20, 2011, Slate Magazine.  If he means firearms for the people, then that’s the best Second Amendment support statement of the 21st Century.

The only way to improve on a position like that is to declare there should be no government.  None.  But that would deprive us of white paper analysis and fun articles like this one.  Cheers!

***Note*** Nothing in the preceding article should be construed in any way as supporting any candidate for any office.  Perrin Lovett does not support government (outside of theoretical discussion and fun poking).

Random Thoughts and Such – July 25, 2013

25 Thursday Jul 2013

Posted by perrinlovett in News and Notes

≈ Comments Off on Random Thoughts and Such – July 25, 2013

Tags

America, Courts, government, justice, middle class, police, standing army, the Big Club, The Founders

The summer is passing by and I feel woefully inadequate about my postings of late.  My other projects and life management I fear I’m probably doing the best I can.  Oh well….  And, thanks for all your recent kind regards!

Let’s see what afoot lately…

The Wall Street Journal had a good article recently called The Rise of the Warrior Cop.  It concerns the never-ending militarization of law enforcement in America.  It even notes the Founders reservations about standing armies and that the police have become, de facto, just that.  Interesting piece; give it a read.

Alex Jones’ site ran a story about the decline (death) of justice in America.  See: http://www.infowars.com/america-no-longer-has-a-functioning-judicial-system/.  I have written about this subject extensively both from research and from personal, professional experience.  In short, the Just Us system is out of control.  For every George Zimmerman (or Roderick Scott) there are a hundred innocent people railroaded trough systemic corruption.

Sometimes even the Huffington Post gets it right.  Here’s a story on the decline of the American middle class.  I do not agree with all of their root causes but they have the problem dead to rights.  The part about “financialization” is spot on.  This is a huge part of what I (and George Carlin) refer to as “The Big Club.”  They run and own everything.  You and I get the crumbs, if any.  It’s shocking really.  We’re No. 27! We’re No. 27!  Wheeeee!!!

Government madness abounds unabated.  D.C. has rewarded Phil Mickelson for his excellent performance of late with a 61% tax hit.  A small-time magician in Missouri is required by the feds to write a 32-page disaster plan for his performing rabbit.  Etc.  Next, they’ll make rabbits write plans for magicians.  What a great country!  We’re No. 27!!!

More to come…

Posse Comitatus

20 Wednesday Feb 2013

Posted by perrinlovett in Uncategorized

≈ 25 Comments

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"Civil" War, 107th Congress, 18 USC 1385, 19th Century, 20th Century, 45th Congress, A Well regulated Militia, Abram S. Hewitt, abuse, air force, Alexander Hamilton, America, army, Articles of Confederation, Attorney General, Barrack Obama, beltway snipers, Ben Hill, Caesar, capital felony, civil power, communism, Congress, Congressional Record, Constitution, criminals, Declaration of Independence, district attorneys, drones, Drug "War", due process, Empire, Federalist Papers, freedom, Gallic War, Gauis Curio, George W. Bush, Georgia, governors, happiness, history, Homeland Security, Japan, Jimmy Carter, John B. Anderson, judicial review, Kentucky, King George, Latin, law, legislature, Loeb Classics, Marx, Maryland, Michigan, military, National Guard, Natural Law, NDAA, New York, north, Patriot Act, Posse Comitatus, President, public hanging, Reconstruction, republic, Rome, Ronald Reagan, scholars, sheriffs, slavery, south, States, Supreme Court, taxs, The Founders, The Time Given, Thomas Jefferson, treason, tyranny, Waco, Washington, William Kimmel, wisdom, Wounded Knee

I love follow-up stories.  The other day I did a piece about military drones killing Americans and mentioned the Posse Comitatus Act as a possible solution.  I said I’d have more to say about the Act soon.  Here it is:

On June 18th of this year we will all celebrate the 135th birthday of the Posse Comitatus Act, 18 U.S.C. § 1385.  Happy Birthday, Pos-Com!!!  Maybe you do not share my zeal?  Perhaps you have never heard of this great Act or maybe you don’t know what it means.  Allow me to educate you.  The Posse Comitatus Act means absolutely nothing.  Those who will celebrate the creation of this dead letter are those who should be prosecuted under it – namely those members of the various executive branches of the Federal and state governments. 

“18 U.S.C. § 1385” is a legal citation to the United States Code, referring to Section 1385 of Title 18.  Title 18 is the federal criminal code thus, Posse Comitatus creates a criminal offense.  Like 99.99% of federal criminal laws it only sets forth a felony offense and punishment.  Unlike most federal crimes though, the Act carries a lower than usual maximum sentence and it HAS NEVER BEEN PROSECUTED!

In law school I wrote a lengthy research paper on the Act – Posse Comitatus – written for my advanced Constitutional Decision-Making seminar taught by the very Honorable Professor John B. Anderson.  Anderson represented the people of Illinois’s 16th Congressional District for twenty years.  You may recall his 1980 independent run for President against Jimmy Carter and Ronald Reagan.  You may also recall his book The American Economy We Need from 1984.

I consider Professor (as I always call him) Anderson a good friend.  Once he and his wife, Keke, graciously received my wife and I at their beautiful home on a visit to Washington.  However, back when I initially presented my paper proposal to him he seemed a bit skeptical.  I suspect that, at the time, even he had not heard of the Act.  As the semester progressed though our Nation’s Capital came under the terror of the Beltway snipers.  Anderson called me one day and said he had just heard a news report on the radio about the snipers, the hunt therefore, and … the Posse Comitatus Act.  He was hooked and I received an “A” for my efforts. 

Over the ensuing decade I have ripped the paper apart, added to it, and conducted additional research on the Act and many related matters.  In the not to distant future (later in 2013 perhaps) I look forward to publishing a book based in part on my original thesis.  The book is tentatively called A Well Regulated Militia (Amazon/CreateSpace/Kindle) and will relate to all things Second Amendment, Militia, and tyranny prevention (and reversal).  This would include, for reasons cited herein, below, the Pose Comitatus Act.  This work will be far more substantial than The Time Given (soon, I promise), though that treatise is no less important to the scope of human happiness than anything else I write.

I hope the book-buying public also gives my work an “A” and I experience mass market financial success.  Remember, you need not actually read a book; what counts is buying it (multiple copies if possible).  I have limited the many notes and many of the citations which accompanied my old paper and which will inevitably appear in the book.  For the book I intend to clean them up, eliminate them if possible, or relegate them to the seldom viewed “Notes” section at the back. I hear notes, like charts and graphs, drive down sales.  Pictures have been known to help though:

Minutemen-1776

(Our Posse.  Source: Google images).

The history of the Act is a great part of the history of the 19th century in America.  As you may recall in the middle of that century we had a rather unpleasant incident which resulted in the deaths of about 600,000 men.  I refuse to call it The Civil War because it wasn’t.  A “civil war” is where two or more factions fight for control of a central government.  In our case, the Southerners wanted to be free of Washington, not in control of it.  It also wasn’t a declared war (I’ve had debates with other attorneys about what that meant). My northern friends often ask me my opinions about the war.  I can sum the up easily: it was as deadly as it was unnecessary. 

I am in the minority of honest legal historians who believe that the southern states had every authority to seceed from the union.  I think any state today has that same authority.  Nothing in the Constitution compels eternal membership and several states expressly reserved the ability to withdraw at any time.  They asserted a Natural Law position which, being universal, would seem to apply to even those states which joined without such reservation. 

Back in the Nineteenth Century, America was plagued with major problems – debt, financial scams, economic warfare, lying politicians, and, of course, slavery.  Come to think of it, the more things change, the more they stay the same.

You may recall from history that once the “war” was over and the Union reunited, a probationary period was imposed on the southern states.  This period was known as Reconstruction.  It was rank with abuse.  In numerous cases the legislatures of southern states and other institutions were invaded or harassed by regular army troops.  The Posse Comitatus Act was passed partly in  response to these alarming events. 

“Posse Comitatus” is a Latin phrase roughly meaning “power of the county.”  “Posse” in latin is a verb which means to “be able” or to “have power”.  “Comitatus” means “company” or “retinue.”  In other words, it refers to the local militia – those men available for service in times of crisis.   An aside, suited for a future article: “militia” does not correlate with the “National Guard.” 

The concept of the militia predates and was well established at the time of our nation’s founding.  Congress still acknowledges the militia separately from the Guard; the Guard and the militia are differentiated under Titles 10 and 32 of the U.S. Code.  Every State maintains a militia (at least in the law books) separate from the Guard.  In Georgia, the State militia is officially the Georgia State Defense Force.  See: O.C.G.A. § 38-2-23, et seq. 

The Guard was instituted in the early twentieth century and is essentially a back-up force for the regular national army – it is sometimes on loan to the several States.  Enough on that for now.

The Pose Comitatus Act reads, in its entirety: “Whoever, except in cases and circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.”   18 U.S.C. § 1385.   

The Act (let’s call it the “PCA” from here out) originally started out as an amendment to the Army Appropriations Bill (H.R. 4867) for the fiscal year ending in 1879.  This would be during the forty-fifth congress, second session, in 1878.  The initial mention of the concept of the PCA as an amendment came from Rep. William Kimmel of Maryland on May 20, 1878.  Kimmel was cut off in mid speech by time constraints; however, he successfully laid the framework for the PCA amendment.  See: 7 Cong. Rec. 3586. 

H.R. 4867, PCA and all, eventually became law on June 18, 1878, hence the pending birthday celebration.  See: 7 Cong. Rec. 4686.  Some scholars have speculated the PCA was enacted only to end the use of he army in supervising southern elections and legislative sessions.  Earlier I said the PCA was partly enacted for the reasons said scholars state.  I, however, dug deep into Congressional history (boy, what fun) and found a more complicated picture. 

The roots behind the theory of Posse Comitatus go much deeper and further back in history than the American Republic.  The concept was present at the end of the Roman Republic, more than twenty centuries ago.  Gauis Curio attempted to disarm Caesar’s returning army in order to preserve domestic tranquility.  See: Caesar, The Gallic War, Loeb Classical Library, 587 (Harvard U. Press, 2000).  As you know, Caesar “crossed the Rubicon” and the Empire shortly thereafter commenced.

In early America the fear of armed military forces present in everyday life was of grave concern to our Founding Fathers.  Beginning the Declaration of Independence with a nod to Natural Law, Thomas Jefferson listed the first grievance against King George that “He has kept among us, in times of peace, standing armies without the consent of our legislature. … He has affected to render the military independent of and superior to the civil power.”  Dec. Independence, para. 13 – 14 (1776).  Jefferson listed various other similar complaints against the King.

Jefferson was not alone in his fear of standing armies, provisions against which found their way into both the Articles of Confederation and the Constitution (remember the Constitution?).  In The Federalist Papers, Alexander Hamilton, himself not the greatest proponent of freedom, railed against the standing army as “unsupported by any precise or intelligible designations of reasons.”  The Federalist, No. 27 (Hamilton).   

The Forty-Fifth Congress considered several issues in developing the PCA: a standing army versus a militia; limited central government; and, the proper (if any) uses for an army within the confines of the territory of the Republic.  A sub-issue of concern at the end of the 19th Century was the potential rise of communism, which Congress greatly and rightly feared.  Karl Marx was still alive at the time of the PCA debate, his works on “economics” relatively fresh off the presses.  Rep. Abram S. Hewitt of New York commented on the subject: “If you want to fan communism, increase your standing army and you will have enough of it.”  7 Cong. Rec. H. 3538 (1878). 

Rep. Kimmel stated the then current use of the army in domestic affairs was a direct “violation of the Constitution.”  He cited numerous examples of federal troops aiding tax agents, governors, sheriffs, and district attorneys in Georgia, Kentucky, Michigan, and New York.  7 Cong. Rec. 3580 – 3582.  Again, it is popularly said that the PCA was the result of Southern states fed up with the misuse of federal soldiers during elections. Most of Kimmel’s examples were responses to tax collections and labor disputes.  In 1878, as today, New York and Michigan are generally regarded as northern states.  Other Representatives related similar troubles all across the country.  The problem was national in scope.

In the Senate the debate continued.  Senator Benjamin Hill of Georgia remarked, “A posse comitatus is a wholly different thing from an army; it is different in every respect from an army…”  7 Cong. Rec. 4246.  He continued, “it never was lawful, it never shall be lawful, to employ the army as a posse comitatus until you destroy the distinction between civil power and the military power in this country.”  Id. 

As the PCA is a criminal law and given the federal Empire’s love of prosecuting any and everything, one would expect numerous cases under the PCA over the past century or so.  One would be mistaken.  There has never been one single case brought against anyone under the PCA.  This may be due to the fact that the most likely suspects are government officials.  They don’t like to go after their own.  Honor among thieves you know.

The closest semblance of judicial review of the PCA has been in the form of indirect rulings in cases involving other crimes.  Defendants have asserted, as a defense, an alleged violation of the PCA by government officials executing some duty (such as drug enforcement).  This defense universally fails.  I will not bore my audience with any particular cases, though they date from at least 1975 and continue into this Century.

Oddly, I, the great authority on this matter, was once threatened with the potential of facing a PCA violation!  Yes, yours truly, Perrin Lovett.  It all stemmed from one of those lovely anti-family law cases of which I have previously expounded: https://perrinlovett.wordpress.com/2013/02/09/anti-family-law/.  I believe it was a custody dispute. 

Anyway, the defendant was a member of the U.S. Army stationed at Camp Zama in Japan.  Thus, I was tasked with the trouble of perfecting International legal service of process which is not necessarily the easiest thing to do.  I decided to circumvent technicalities by having the defendant simply acknowledge he had received my petition.  Not having an exact address for him, I contacted several offices at the Camp in an attempt to solicit their help in the matter.  The Provost Marshall’s office quickly told me they could not assist with serving a civil lawsuit without running afoul of the PCA.  They actually said that; you know, from the history given here, this type of situation was not within the original intention of Congress.  I pointed out that I was not asking for such, just for friendly information.  As luck would have it, I located the defendant on my own and the case went forward.  As usual, no-one was happy.  Correction: I am happy to have avoided being the only PCA prosecution in history.

Back to reality.  There have been cases innumerable of the military becoming involved in civil law enforcement – from the “war” on drugs to the massacre at Waco, to the Wounded Knee massacre, to the hunt for the D.C. snipers, etcetera, ad nauseum.  Why then, have there been no criminal cases arising from the incidents?

The answer lies in the actions of both the Executive branch and, especially, with Congress.  Exception after exception to the PCA have been enacted over the long years.  Congress has all but rendered the PCA a dead letter to the point the Act is useless for its intended purpose.  

It is somewhat interesting that, having taken the teeth away, Congress has not fully repealed the PCA.  This may be because federal laws never die, they linger forever, used or not.  Amazingly, as recently as 2005, the 107th Congress reaffirmed the spirit of the PCA, literally, but not meaningfully.  “The Congress reaffirms the continued importance of …[the PCA] … and it is the sense of Congress that nothing in this Act [H.R. 5005 – creating the Department of Homeland Security] should be construed to alter the applicability of such section to any use of the Armed Forces as a posse comitatus to execute the laws.”  H.R. 5005 § 780(a) – (b). 

The Homeland Security debacle … Act … followed the Patriot Act and decades of “war” on drugs, crime, and your freedom.  Various National Defense Authorization Acts have followed.  The result has been the complete decimation of the PCA.  President Bush (No. 43) and his successor, Barack Obama, have made clear their intention to use the military whenever necessary, wherever needed, to keep us safe, of course.  Obama even claims he can use military weapons to kill without Due Process.  The protests against his claim are less than deafening.  I protest!

I have some suggestions for changes and improvements to restore the vitality of the PCA.  This is one of the few instances where you will ever hear me call for a new or continued statute.  In the name of freedom, Congress should amend the PCA first to kill all of the previous exemptions.  Second, they should specify that the law only applies to those members of the federal, state, or local governments who would dare to use federal military force to accomplish civil law enforcement of any kind; they could define a violation as an act of government employee-specific treason. 

The punishment could be expanded accordingly.  Perhaps the original punishment might be appropriate in minor cases.  Others, such as those which involve the mass killing of American citizens could be made capital felonies.  Congress has the Constitutional authority to also limit the review of any conviction from any court – including the Supreme Court; thus, when a high official (an attorney general for example) orders Army tanks to drive into a church and burn the worshippers within alive, that official could be convicted under the PCA and immediately hanged in public.  This might serve as a warning to future would-be tyrants. 

Again, this is only a suggestion.  I do not relish the idea of killing even to avenge killing.  I reconsider, reluctantly, when the dread act(s) have the potential of continuing against all of the free people.

This leads me back to my article on drones picking off the voting, tax-suffering public, https://perrinlovett.wordpress.com/2013/02/15/droning-on-and-on/.  A President, already forbidden to use military drones against domestic targets (his already unConstitutional Orders overridden by my proposed law) might think twice about defying the law if he knew the gallows awaited his defiance.

The issues raised herein may likely lead to other related articles.  All of which concern you and those you hold dear.  It is your freedom, security, and happiness that drives me to raise the alarm – the same alarm raised by the Founders and the forgotten members of the forty-fifth Congress.  Bless their wisdom and fore-sighted concern.

Perrin Lovett

perrinlovett@gmail.com

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