Doug Smith: Author, Historian, and lead contributor to Free State Patriot
6.17.16
“The problem we have — and really, the firewall we have right now is due process. It’s all due process. But due process is what’s killing us right now.”
Senator Joe Manchin (D) WV 2016
“A principal source of errors and injustice are false ideas of utility. For example: that legislator has false ideas of utility who considers particular more than general conveniences,…. who would deprive men of the use of fire for fear of their being burnt, and of water for fear of their being drowned; and who knows of no means of preventing evil but by destroying it. The laws of this nature are those which forbid to wear arms, disarming those only who are not disposed to commit the crime which the laws mean to prevent. Can it be supposed, that those who have the courage to violate the most sacred laws of humanity, and the most important of the code, will respect the less considerable and arbitrary injunctions, the violation of which is so easy, and of so little comparative importance? Does not the execution of this law deprive the subject of that personal liberty, so dear to mankind and to the wise legislator? and does it not subject the innocent to all the disagreeable circumstances that should only fall on the guilty? It certainly makes the situation of the assaulted worse, and of the assailants better, and rather encourages than prevents murder, as it requires less courage to attack unarmed than armed persons.”
Cesare Bonesana-Beccaria, Marquis of Gualdrasco, 1764
This 18th Century Italian jurist Beccaria had a good feel for wielding both law, and guns. His writings influenced our Founding Fathers, in particular Thomas Jefferson. We have, today, a President who finds the Constitution a bulky impediment to doing the things he wants to for “the People”, and a sitting US Senator who feels it is the Due Process clause of the 5th Amendment which is killing us.
We have had that pesky 5th Amendment since well before we had Joe Manchin and Barack Obama to look out for us. It has served us pretty well, and not killed us in all that time. The same cannot be said of Barack, Joe, and the Democrats. It is worth noting that the last time due process was suspended, another Liberal/Progressive Democrat, FDR, did so to illegally detain Japanese American citizens for the duration of WW2.
It is also interesting to note that the Senator does Not propose altering due process to let the FBI investigate potential terrorists, just keeping people from buying guns. Maybe, he notes, just for 5 years. The Left, like Joe, and Hillary, has fired at the 2nd Amendment for years. His fellow Democrat Senator Harry Reid tried to dismantle the 1st Amendment to limit a citizen’s right to criticize government. Now, Joe wants to go after the 5th.
We could repeal the 17th, Joe, which changed from State Legislatures appointing Senators to direct election. If we did, do you suppose the GOP led WV Legislature would re appoint you to the Senate?
The Bill of Rights is to protect citizens from what government can do To us, not to ensure what it must do for us. POTUS, and you, Senator, are sworn to protect it from all enemies, foreign and domestic, not attack it because it is “killing you.”
You are ready to attack the right to own guns, but you are not ready to admit that is Muslim terrorists who are killing us. With guns, with knives, with pressure cookers, with box cutters, with shoes and underwear stuffed with explosives. The common theme is not guns: it is terrorists.
You ought to respect the Constitution you swore to uphold, or resign your office if you can’t. And recognize that Americans have been armed, heavily, for over 200 years. Taking away guns, or box cutters, does not make us safe. Recognizing who our enemy is, and going after them, does.
Free State Patriot 
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