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Question for Nominee Sotomayor: I'll go first.

 

The study of law is heavy on the substantive law and case study method. The idea is not to memorize things, but to understand things. Who the sovereign in this country is must be very clear in the mind of every Justice on the Supreme Court, and such is not the case at this time. This is not because they differ with John Longenecker, but because they seem to differ with the Founders. Kelo v.City Of New London (a 5–4 decision that the general benefits a community enjoyed from economic growth qualified such redevelopment plans as a permissible "public use" under the Takings Clause of the Fifth Amendment) would be one such recent example. Sovereignty of the citizen isn’t absolute, but the court is not to be a device for social justice or social change, it is to be a device for justice, something which must never change.

Americans differ with courts all the time and this is not the criteria: the criteria for confirmation of someone to become a Justice of the Supreme Court is how they understand the original intent of the Founding Fathers of the framing era.

Love of freedom, love of Independence from abuses of powers not granted, and the exercise of Citizen Authority as the sovereign in this country is what the Founders expressed when they put limits on government in the Constitution of the United States of America. The job of the Supremes is to interpret that Constitution, mindful of limits on government. This includes all governments here. Though the First Amendment addresses the Federal Government, as in Congress shall make no law..., the rest of the document plainly limits what the feds also may not do. Understanding this cannot be done without first understanding not necessarily the cases of con law since, but the intent of the founders then.

In learning just who Judge Sonia Sotomayor really is in confirming her for Supreme Court Justice or not, America might suggest certain areas to probe. I’ll go first.

Is the Nominee aware that police in America have no duty to protect individuals from the criminal acts of others?

Liberty writers have been educating the electorate on this truth for decades. In the cases of restraining orders, which many believe are protection against violent persons, the order is made out to the respondent and not the police. No special relationship exists there; they are merely notified with a file copy. If the respondent violates that protective order, he can be arrested, but when? After he’s killed his target? (See Castle Rock v. Gonzales, Supreme Court, 2005)

Courts have ruled again and again that there is no constitutional right to police protection, and further, Americans have sadly discovered that protection orders have no real weight on the more dangerous. The idea for layman has been that a protection order will, well... protect them. It might work for a reasonable person, but the expectations for the violent respondent are unreasonable.

The societal impact is this is that people make decisions in reliance on the myth that police will protect them. They are not aware of their own authority to act, nor of duties of police in general. Gun control and rulings against gun rights obfuscate the fact that police have no duty to protect them. Consequently, too many citizens do little in the knowledge that they are on their own in the first moments of a violent crime.

The nominee’s answer to this question should be probed for further details and understanding; Judge Sotomayor’s elaboration of her understanding of this would also reflect clues and perceptions about gun owners and who is the sovereign in this country. Leftist thinkers do not recognize sovereignty of the individual, and steal the brand of the People as mandate where there would never be one under our system and our way of life of independence. This is how it happens in the People’s Democratic Republic of such-and-such, where the people, there, too, never granted such a mandate. They never do.

It is known to millions of courts, police officers, attorneys and gun owners across the nation that police have no duty to protect individuals, unless special circumstances exist, such as being in custody or specific relationships. It would be important for any nominee to understand before being seated on the Supreme Court what reasonable expectations citizens may have of their law enforcement when it comes to violent crime. This would play a vital part in how armed citizens are viewed when any such cases may come before the court.

Understanding original intent of the Founders cannot be done necessarily by knowing the findings and decisions of con law cases since the framing, but the intent of the founders then.

Well, I went first. Questions for the Nominee should center around how she understands the power and authority of the people not to utilize government for change, but to resist abusive government change and to respect it not as any single law, but as law everywhere.

 

Judge Sotomayor is in our court for now for hearing for the time being, and for the duration, Congress must rise to its duty to determine if she understands sovereignty of the people over our servants. My question is not try to subject the Court to the will of the people, but to make Congress subject to the will of the people in who is seated on the bench. It is the test we should insist on for all nominees and for ourselves, is it not?

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The power of the People is not merely in Voice, it is in genuine Supreme Authority. Read more about our independence from our own public servants at the Good For The Country Bookstore,

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Southern California Churches Affirm Concealed Carry Within.

The genius of concealed carry of handguns is that would-be murderers remain uncertain as to who is armed and who isn’t. You never know if the target is armed with lethal force, and more to the point, how practiced at being alert and prepared they are to resist seriously. Serious-minded preparedness is everything in fighting crime, because crime is not fought by after-the-fact policies, it is fought by during-the-fact authority. Crime is not fought with programs, it may be caught there, but it's not really fought there.

This is truth for everyone interested in being as safe as they can be from future violence, because it comes to the realization of specific unalterable realities: you’re on your own.

This week some Southern California Church Leaders came to that very same conclusion, and took up a position advocating not only a very discreet security presence of professionals, but also took the advice of their consultants and adopted the policy of advocating concealed carry of handguns among the congregation. Permit required, please.

Realities are the core of solving the problem of church violence, and having the stomach to face those realities and to meet them. For too long, for example, employers, churches, schools and others have said many different ways that they are sad to see that things have to come to this, but this is a trap which serves not the people, but the killers. Other objections have also delayed facing the reality of how best to meet the reality of murders and mayhem on campus. Fifteen Southern California church leaders refused to fall into that trap, and they sought out expert advice. It involves concealed carry of handguns in church, and they took it. Yes, concealed carry of handguns by the members who come to worship.

This is huge. Especially in California.

The Southern California churches’ consultant is Interfaith Intruder Response, a security firm who respects church worship and sanctuary deeply while elaborating specific realities the church needs to accept in where threat assessment is a new function. Some of those realities involve not only understanding how families fall apart or how political sentiment can act out, but how to meet it with action at the most critical moments, and some of that action may involve lethal force of their own. I might be just as good an idea to have, for instance, a CPR program for every large gathering of people.

Other churches around the nation have their own story to tell on the subject of not only how they have become pro-active and prepared, as in Bring-Your-Gun-To-Church Day has done, but also real experience in stopping murderous assailants the moment the assault begins. It works. So does announcing it publicly. Very shrewd.

Some of the most helpful components of the one-day course from Interfaith Intruder Response is how the church is urged to accept a new understanding, such as grasping the tactical in the moments between a violent attack and the arrival of police not as incapacitating, but as opportunity to stop them cold. Cases of mass murder of congregants taught to offer no resistance ("Give them what they want") hasn’t cut it, and instructions on how to hide or even to urge children to toss books at an active shooter do about as much. Yes, some have taught the kids to throw books.

The answer is not to ban handguns from visiting parents, or to arm faculty who may or may not be present at the critical moment, or to have uniformed guards who are so easily recognized, but to do as these churches are now announcing: discreetly invite the armed citizen to join you, fellow congregants who wear a concealed sidearm when they come to services. These congregants who have a concealed carry permit are welcomed now. 

Killers can kill in moments before a request for aid can even be processed, much less dispatched and on-scene. Not all killers use guns. Many have a knife, and a knife does not run out of ammunition. Some acts involve multiple assailants. The law in nearly all states is on the side of the target when it comes to life-threatening danger and the use of lethal force in reasonable response. Individuals may use lethal force when in reasonable apprehension of grave danger. Individuals may come to the aid of another. For these churches, perhaps their authority and law were the easy part. The hard part was more likely understanding better where their religious authority would lie in even consulting experts on the subject of violence. To the comfort of many, several liberty purists have commented on Christian authority in the righteous use of force. Some of that insight has been part of the Gun Rights Policy Conference which is held every year in September. [Please go to KeepAndbearArms.com for instance on this very important issue.] A lot of Christians are gun owners. Millions of us.

Gun owners, who number around 90 million adults right about now, are part of an interesting finding by experts who research the FBI’s Uniform Crime Report among other sources. The finding is that about 2.5 million times every year, someone, somewhere in America uses their personal gun to stop a violent crime in progress, and only a tiny percentage of those even see the need at the last second to fire their weapon. Death by citizen in justifiable homicide for 2007, for instance, was only 194 reports. 2.5 million non-shootings is a lot of crimes stopped without violence, but which were de-escalated in the absence of police. Those were stopped on citizen authority and their superior force, the same authority we give police. These de-escalated a potential crime millions of times.

There are reports in 2008 and 2009 of how specific church assaults were similarly interrupted by an armed citizen and to a happy conclusion.

Let me emphasize my support and praise for any church or school or workplace who elects to go concealed carry on its premises: It took a lot of courage and faith to make it policy that armed members with concealed carry permits may attend church armed. To invite them, as a matter of fact.

More than forty states have some provision for concealed carry, and some states have no requirement for a permit to carry open or concealed.  This is because this majority recognizes citizen authority to act in fighting crime; that law enforcement derives its own authority from that of the people it serves and not the other way around. The major cities, though, seem to balk at this.

How we meet and fight crime in America in the major cities may begin to turn around to reduce violence on our authority, and when it begins with schools (colleges who have affirmed concealed carry for years) and churches, we build a very useful community contact.  

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John Longenecker operates the Good For the Country Bookstore, a source of his most highly recommended books for Independence from our own public servants. Write John at GoodForTheCountry.com 
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