My Evening With LaVoy Finicum’s Family

This is an Account of My Evening with Members of the LaVoy Finicum Family
as the Terrorizing Tragedy of their Father’s Execution-Style Killing
by the FBI-Coordinated State Trooper Ambush Unfolded

BREAKING NEWS, Tuesday, January 26, 2016: Arizona Rancher LaVoy Finicum Dead.

Listen to our radio show Wednesday, January 27, 2016, The Liberty Lineup www.k-talk.com AM 630 SLC 10-Noon Mountain time. We will share the details about this execution-style killing of a Great American Cowboy LaVoy Finicum.

lavoy-finicum-01102016Another all-nighter.  Eye witness accounts tell us that at approximately 4:25 PM, Tuesday, January 26, 2016, LaVoy Finicum and Ammon Bundy and the other ranchers were en route to a gathering of citizens in Oregon, where they were occupying the Malheur Wildlife Refuge in an attempt to reclaim the land that once belonged to the people.  Ammon was the invited speaker. As we now are gathering details, they were traveling on the state highway when state troopers ambushed them. What happened next is not yet clear. We do know that LaVoy is dead. Ryan Bundy was slightly wounded from gunshot, and eight people have been arrested on felony charges.

I was with one of LaVoy’s daughters and her family in Utah when this story unfolded,

On Tuesday evening, I was returning from my son’s house about 45 minutes away from mine, not far from LaVoy Finicum’s daughters home. I felt an urgency to call her and see how she was doing. She hadn’t heard from her father that afternoon, and she had heard there was some trouble in Oregon. I pulled over and found a video on my cell phone with an ominous headline of a shooting.

I went straight to their home.

Earlier that day LaVoy and I had shared texts about some media. I told him that his daughter and I were going to try to get up to Burns next week so we could do some eyewitness reporting for the radio show.

LaVoy’s last text arrived at 2:56 PM Mountain time. It said, “Be safe. It looks like Ammon may come to the Boise meeting just to show support.” Idaho ranchers are scheduled to gather next Saturday to join the growing movement to sign letters of intent to withdraw from being managed by the BLM, in large part because of the courage of LaVoy and Ammon.

Let me tell you about the man I came to know through these phone calls and texts. Over the past three weeks, every time LaVoy texted me he was peaceful and calm – always full of encouragement and great faith. To him, it was all in the Lord’s hands. His family followed suit.

I’m broken-hearted at the loss of this sincere and courageous man. He did say from the beginning that he would rather die for the cause of Liberty than live behind bars. My feelings are very raw.

As we were frantically searching for news on the Internet, I saw a chat post that said LaVoy was dead. I stopped and then thought, Oh my God. Do I tell his daughter? – It’s not confirmed. I felt I had to mention it, quickly asserting that, indeed it was not confirmed.

Then we got a call from LaVoy’s wife, but we could not understand her words. I instructed her to go to the police department for confirmation, and she did. Next we received a call from Ammon Bundy’s sister confirming a call she had received from Ammon that LaVoy had been shot and killed, with both hands up – no guns. LaVoy’s brother Guy confirmed it as well.

Who does this? WHO? What sort of human being could shoot to kill a kind and loving grandfather like that? They had done no harm. Only by propaganda could the FBI and the media have collaborated to demonize LaVoy Finicum. I will never forget the disgusting and degrading Tavis Smiley comedy sketch about “Tarpman,” with an entire interview in front of a blue mound of tarp – LaVoy covering up to keep warm as he kept watch over the safety of the people inside the refuge.  To his children’s credit, they took that label and turned it around making it the “brand,” and everyone started referring to LaVoy as “Tarpman.”

At first reports were conflicting.  One said hundreds of shots were fired.  Then another – lethal shots were 6-9.  And another said three shots were fired. Later an audio recording from a Bundy supporter in the refuge said LaVoy was on his knees with hands up when he was shot dead, bringing horrific images to mind of an terrorist style execution.

THIS IS YOUR FBI, Americans. Is this Liberty or tyranny? Who ARE we anyway? WAKE UP!

We learned that approximately 3 hours after that last text LaVoy was killed. The others were arrested. Ryan Bundy, Ammon’s brother, was slightly injured with a gunshot wound and now all eight are arrested. There were six witnesses to the killing.

Four hours had passed, and no one notified his wife or family. She was at a daughter’s basketball game. Were there any witnesses to make sure there was no tampering with evidence? Was there a video recording? We don’t have all the information yet.

Here is one of the first links with updated time marks.

This is your trusted media and government in action. Are you proud of this land of Liberty?

Yes, I’m angry. And in shock. Words cannot express the devastation this good family is feeling. Yes, there is evil in this world, and you are witnessing it. I will testify that the people on the Internet that have opposed these people on my Facebook wall are enemies of Liberty. They are enemies of all things good. Their posts are lewd, pornographic, vulgar, demeaning, sarcastic and threatening. I have the screen shots of these posts and have skimmed the content of their Facebook pages to know that in general they represent the far Left – socialists, communists, Marxists, Maoists, who support gun control, animal rights, abortion, and the very environmental policies that have brought these ranchers to this point.

We can also blame our progressive education system, our elected leaders – both sides of the aisle, and especially our media. They hate everything good and religious. The FBI, our federal government and the media do the bidding of this evil.

You can blame anything and anyone, but don’t blame the protestors, Ammon Bundy or LaVoy Finicum. In my own history is a great great grandfather who was forced to leave everything behind in England because he joined a strange religious following in America – the Mormons. He and his family pushed a handcart in pursuit of a dream – Zion. He died along the North Platte River. Two weeks later the ill-fated pioneer party was caught in a blizzard at Martin’s Cove, Sweetwater, Wyoming where they nearly froze to death. They miraculously were rescued and made it to the Salt Lake Valley.

Years later in a Sunday School class the members were criticizing the handcart company for their lack of judgment. An elderly man in the room stood and said he had been among them. He chastised them saying, “We came to know God in our extremities.”

For everything there is a reason and a purpose under heaven. Please refrain from sideline quarterbacking.

In front of me was a young woman who had just lost her dad. Her hero. I have indelibly etched in my memory a sweet young family of four young boys, 12 and under (baby asleep – who will never know his grandpa), tears running down their young faces as they first learned their grandpa was dead. Images of a family holding each other tightly in the kitchen, mother sitting on a stool, and each consoling her as she crumbled over in agonizing sobs.

I hugged and held this hurting family, especially LaVoy’s daughter as she buried her head into my chest and I surrounded her my arms. LaVoy’s brother Guy called to confirm the news, and then I helped the family sort through decisions. I started to get the word out to our social networkers. (Thank you, Janalee Tobias. You are an angel.)

In an awkward moment I hugged her and said it was OK.  Then I instantly thought. No.  It’s not.  And she looked at me and said just that, “NO.  IT’S NOT OK.”   She was absolutely right.  It’s NOT OK.  And it’s still NOT OK.

I looked at this young mother of four and held her head up.  “You know, your dad’s nearby, just remember that.”  She and some of her siblings and mother had gone to Oregon to be with their dad as their own tensions mounted.  LaVoy had a feeling he would never see them again, so he gave them a traditional (Biblical) father’s blessing and they prayed together and said their goodbyes.

But that night, I pulled the boys aside and told them, “I know you’re feeling all kinds of emotions – anger, sadness – but remember HE DIED FOR YOUR LIBERTY.  Never to lose faith in God. God is over all and knows all. Your grandfather died for a purpose. He is a hero.”

Then they prepared to travel to be with their mother at the ranch, and we ask for your prayers.

So you say, “Well, no, it’s LaVoy’s fault. He got himself in that pickle.” No, my friends, WE got him in that pickle. Because WE have stood by and allowed our nation to become a tyrannical form of government that slaughters grandfathers fighting for their land and for standing for the Hammond’s who have been wrongfully incarcerated as arsonists and domestic terrorists.

I testify that LaVoy Finicum was a good and honorable man. He died for Liberty. He has a faithful family who believe in the cause of Liberty and trust in him and his faith.

He was killed in cold blood by an FBI controlled ambush by a state trooper. These are the real terrorists. The FBI came to terrorize, frighten and intimidate the people of this town so as to encourage the people to want them gone. Oregon is one of the most bureaucratic and corrupt states in the nation, run by statists and progressives. Harney County employs mostly federal employees. That’s a federal takeover.

The media worked with the FBI to black out all media. That way they could control it and continue to ridicule and demonize and mock these good men, falsely accusing them of being heavily armed militia.

Don’t you Easterners know that every rancher “open carries?” Many in Utah have concealed carry permits, myself included.

The week before, I watched the video of the town hall where the Mayor, the Judge and the Sheriff (who should be tried for being an accomplice to this murder and removed from office for unconstitutionally turning the county over to the FBI) as they skillfully had pitted the people against the protestors. I could see it would be an uphill climb. I prayed every day for their safety. The Liberty Lineup Radio Show did all it could to tell the truth to help everyone be safe.

LaVoy’s daughter and family began packing to leave, and I said goodbye and as I got into my car, I cried. And prayed. I returned home around 10:30 PM. I asked my husband if it was all over the news.

NOPE. NOTHING BUT … TRUMP. GOD HELP AMERICA.

WHERE ARE ANY OF THESE PRESIDENTIAL CANDIDATES? ALL THEY TALK ABOUT IS THE MIDDLE EAST AND STOPPING TERRORISM. WHY DON’T THEY STOP THIS TERRORISM FROM THE GOVERNMENT RIGHT HERE AT HOME? WE WANT OUR LAND BACK IN THE WESTERN STATES.

The saying goes, “When the people fear government, that’s tyranny. When the government fears the people, that’s Liberty.

Friends, I’ve been on the front lines of key causes supporting family and religious liberty for decades. I learned along ago – never, ever trust what you see on TV or hear on the radio without verifying it and knowing you trusted source. I’ve learned THEY. LIE.

FBI and state troopers, YOU will be held accountable for this cold-blooded, ruthless manner in which you killed LaVoy Finicum. What I saw in his three grandsons’ innocent and pure-hearted eyes and anguished faces that night when they learned how he was killed will never go away as long as I live.

Here’s the long list of enablers of this crime against these innocent people: You who were up there in Oregon agitating as agent provocateurs and terrorizing this community, criticizing and intentionally aggravating people’s emotions – talk show hosts and bloggers that were on site agitating with their frenetic and angry voices, you know who you are.

Elected officials: the Mayor, the Sheriff YOU abandoned his county and turned it over to the FBI, the Judge and all the crony capitalists he manipulates. The complicit media: CNN, MSNBC, ABC, CBS, The Washington Post, The New York Times, Forbes, the Wall Street Journal … on down to the local papers here in Utah – The Deseret News and the Salt Lake Tribune, the news wires, and the talk show hosts.

YOU could have helped us all over this nation to get the real stories out instead of blacking them out after the false image you gave them, destroying their good reputations. Then there’s our cowardly elected officials in the Western states legislatures and in Washington DC who do nothing to solve the problems that have brought us to this place.

You have betrayed us. You have betrayed our republic and the US Constitution. You have enabled with your pride, your arrogance, your smugness, and your egotistical judgment.

You left it to the little guys on small independent stations of which not many still exist – to work overtime to get the Truth out. And worse, with all of this, YOU helped put these men in harm’s way, and now one of the best of them is dead.

I’m calling you out: Glenn Beck, Alex Jones, Rush Limbaugh, Sean Hannity, FOX News. shame on you. Where WERE you?

And us. Me. I somehow feel I didn’t do enough. I have 210 hours radio, but very short of volunteer staff to assist with all the research and content. Another all nighter.

And may I mention our churches – our synagogues. When will the people wake up to the awful tyranny of our federal government and this oppression against religious liberty, which includes property. Our ranchers have lost their land in the name of global compassion but really global greed – and both Republicans and Democrats have sold their livelihoods to the federal government and forced them to go overseas.

In the end, only the Lord God can judge. May He have mercy on us all.

To you of Harney County. Many of YOU were manipulated. I hope these ranchers’ courageous actions at least created a public awareness that – in spite of your hateful chants “Go Home!” you will have even a small sum of the courage of LaVoy Finicum, and that you will fix what others may be incarcerated for trying to fix.

I hope that even YOU in our Eastern States might begin to understand something’s seriously wrong, that good men – not the dangerous nut cases they were strategically portrayed to be – would give their lives for the Liberty of others.

I hope all Americans will investigate what’s actually at stake in this ongoing attack on our American farmers and ranchers and their land: Uranium. And more. Read here   and   here.

Now, it’s time for all of us to unite with other ranchers and farmers of the Western states where communities, once prosperous, now impoverished, and to carry on the work of these great ranchers that needs to be done to restore the rule of law for which LaVoy died. Where are you?

Are you the summer soldiers and sunshine patriots of which Patrick Henry once spoke? Or are you ready to join the cause to set things right for the Hammonds, for these ranchers and for all Americans who have been feeling the heavy hand of a federal government out of control?

LaVoy has just become a martyr, and this will only galvanize these ranchers. These cowboys are a tough bunch. It’s the Great American Cowboy that won the west, and it looks like it’s going to be the Great American Cowboy who is going to win it back again. Time to rally, ranchers! #RanchersRising #RanchersLivesMatter #HelpHammonds

And God bless the Finicum’s at this sad time.

They Won the West

UPDATE – Much has happened since this Tuesday evening, January 26, 2016. Several posts on this site tell the story. Our prayers will forever be with this good family and their brave father who gave his life for Liberty. This sone was written and sung by his daughters. It says it all.

Please join us with a generous contribution to the memorial fund they have set up for their father. Donate Now.

31 replies
  1. Carolyn Treadwell
    Carolyn Treadwell says:

    I am truely heartbroken over this. Im ashamed of our government, media and fellow citizens. God be with you . You all are in my heart and thoughts and prayers. The country I loved and was proud of as a child is not the same anymore.

    From South Carolina

    Reply
    • Rhody Deetz
      Rhody Deetz says:

      You have articulately spoken my thoughts & feelings, as a 67 year old Christian woman, wife, mother, & grandmother. I am ashamed of both political parties, our biased media, & that our Oregon governor & politicians on both sides of the aisle, labeled & targeted these ranchers, as terrorists. May GOD show the American people how we need a President that will work for the people, rather than work for their own private wealthy Foundations.

      Reply
    • Kym
      Kym says:

      My father is a retired Potato farmer in Idaho! We worked as a family on the land which provided our livelihood. My father worked day after day, long hours.. planting, nourishing
      and harvesting potatoes, wheat and sugar
      beets.. which in turn helped feed our nation. Whether the land is being used for crops or animals…. Land is a precious commodity, and generations
      of families put their heart and souls into its care, for the good of many. The Federal Government doesn’t seem to have a clue how to care for and respect our Land and Forests.
      I am deeply saddened for the loss of the Finicum famly and the Oregon community. And deeply grateful for people who stand up for their God given rights.

      Reply
    • Mr Smith
      Mr Smith says:

      All world governments of yesterday and today share many things in common: false flag attacks, political wars, systemic misleading of the people, fleecing of populations, citizens starving while government strongholds withhold food, etc etc. The word government literally means “to rule by force”. Government is the mechanism in which “elites” control everyone else. Government is historically the number one cause of death in all societies. Today it’s no different. You live in a world where the United Nations (world domination clique) is telling individual nations that to avoid being conquered by multiple other nations, they have to induce secret population control on their peoples by way of eugenics; sterilization via vaccines and poisoned food supply + systemic poisoning of the immune system. If you don’t comply, you come under assault from the US and it’s corrupted UN allies. The myth is that the world is overpopulated and, like it or not, a lot of people have to die. The storyline says that unless we get rid of a lot of people real soon we’ll run out of resources and we’ll all starve to death. The truth is that our systems of unsustainability are , frankly, unsustainable. All of our systems in society, from how we handle growing of food to our waste, are intentionally rigged to be unsustainable. So unsustainable that it will literally kill us not to change them. The ruling elite want us to believe these systems were not made wrong on purpose, and that food shortages are a result of too many humans, rather than a result of breaking the sustainability of farming through mono-culture and chemicals. The big global conversation is: how do we depopulate the globe to save humanity. What no one is talking about is how no one needs to be killed to save the planet or humanity – everything in human society has to return to balance. “Elites” don’t want balance, they want control. Welcome to reality, the scariest movie you never wanted to see.

      Reply
    • Jimbo
      Jimbo says:

      They have been the enemy all along. Ever since the original founders slowly died off and the advantageous took over.It started its biggest surge in 1913!

      Reply
    • jo swinney
      jo swinney says:

      Yes, for some time now. Just look at the difference in how the local police used to “protect and serve” “we the people”. Now they are being militarized, being trained to shoot first ask questions later and so on. It’s very intimidating to see some of the vehicles our local law enforcement is now driving around our cities and towns. That is just on a local level. It gets worse as you begin to look more closely at the U.S. government and the Federal government.

      Reply
  2. robert cameron
    robert cameron says:

    I’m Like you for the life of me i can’t understand why the other news stations have not picked this story up, sense this act of a bunch of cowards to another man is totally not comprehensive to me. Where is Al Sharpton,, Jessie Jackson, the so called champion of justice,, If the American media will not produce the story I’d go to the other news agencies around the world, Canada, Mexico, Islamic , any where the story will be aired & aired again, If we have to campaign for funds & buy air time on national TV then it should be done

    Reply
  3. Connie
    Connie says:

    I am so sorry to hear this.What I am most outraged about is that the government did this.
    I cannot believe that we are not hearing more about this.

    Reply
  4. Harriet
    Harriet says:

    Thank you for your article. The tyranny also reaches your loggers and sawmillers. The B.L.M. rode roughshod over my elderly father. In order to protect him we were forced to settle. To pay the B.L.M. for stealing loggs off of private property. Shame, shame. I’m thankful I know God knows the truth. My faith is what gets me through each day.

    Reply
  5. Ilsa
    Ilsa says:

    I only wish people would read these articles that are related to the truth of this whole thing. I actually had to dig to find this as it wasn’t at the top of the list. Go figure, that’s how they do it though. Thank you for the truth. People need to band together and pull their heads out of the sand as this government is far too gone. Thoughts and prayers to you and the family. Reposting. People need to read the truth about this man and his attempt to save our liberties.

    Reply
  6. John Wirts
    John Wirts says:

    As a retired U.S. Army master sergeant, in the last 7 years I have become ashamed of my country. No that’s not quite correct, I am ashamed of what this country has become. Our politicians and judges have become the gangsters of today,The government is the MOB of today, they should ALL BE REMOVED FROM OFFICE, Tried by FAIR CONSTITUTIONALLY SOUND JUDGES, and if found guilty of treason, racketeering and any other charges against our nation. They should be stripped of all titles, and perks. they and all traitors should be sentenced to death, and immediately and publicly EXECUTED. We don’t have the money to fool around with endless appeals until all witnesses have died and there is no witness left alive to testify against them. I believe it is cruel and unusual punishment to have these racketeers in prison disrupting the lives of other prisoners and the guards, and living at taxpayer expense.

    Reply
  7. Garry Kershaw
    Garry Kershaw says:

    Saddened and dismayed over the senseless death of a good man. My prayers are for those he leaves behind.
    But at the same time, I’m appalled and disgusted over the apparent unjust and lawless actions of the FBI and their “enforcers”. The truth needs to be told, and if this turns out to be an execution and unwarranted murder, there needs to be severe punishment for the people responsible.
    Thank you Cherilyn for your reporting – and keep us updated please.

    Reply
  8. Connie A
    Connie A says:

    This is so heartbreaking! I’ve tried to follow this since I first heard about the story from a friend back in Nov. It’s been hard to find any kind of accurate info on it. Our government is definitely working against “We the people”. My prayers are with these families & our country & FREEDOM! Thank you for this latest & most accurate article of this story!

    Reply
  9. Wayne Smith
    Wayne Smith says:

    I had written a long heartfelt statement, about how we all need to band together, and amazingly for the first time in months, and for no good reason, I lost my connection to this site, and everything it took me an hour to write. Beware everyone, this is only the beginning! If they get away with this murder, what’s next?? When they hit us, they will shut down the social media, cell phones, and most other forms of communication. As an electronic engineer, believe me when I tell you, the government is absolutely and positively equipped and capable of doing so, and definitely will! If you know others in and around your local, make contact, and devise a plan so you will be able to band together when everything falls apart. We are headed towards civil war and marshal law. I can’t begin to guess which will come first, or when it will come, but “believe”, it is coming, prepare yourselves!

    Reply
  10. Mona
    Mona says:

    The way this ended makes me sick!!! I know how the law and the government do whatever they want and the evidence exists only if law enforcement wants you to see it!!! If you are in danger Don’t call the cops. Handle it yourself. Cops, government they will kill you… Look up all the evidence showing the cops and others breaking the law… Praying for this family all the people involved and for God to avenge these who have been done wrong!!!!

    Reply
  11. Mattie
    Mattie says:

    I am just sick. This did not have to end this way. The Feds are way to involved in our lives. I’m sad for this family who has lost there husband, father and grandfather. I didn’t have a good feeling when I first heard about this situation, and thought, there is no reason at all for the government, FBI to be involved in this situation and I blame the Sheriff for not defending these ranchers. I believe in my heart he is responsible for turning against the citizens who hired him to protect them. He has blood on his hands. My prayers are with this family and all those who knew him and associated with him and his family. May God Bless, and may the truth be revealed! Mattie

    Reply
  12. Vickey gray
    Vickey gray says:

    It is true everyone who cares should look up the omnibus land act 2009, public law 111-11 very scary and look up the Idaho coalition of land trust they have 100 million dollars to buy out Idaho

    Reply
  13. Larry Logan
    Larry Logan says:

    Obama ordered FBI to murder white rancher since Obama never order FBI to murder Missouri black protestor riot that not fair !
    Time for FBI to murdee rev al sharpton who cause racist riot in Missouri and Maryland !
    Impeach Obama !!!!!!!!!

    Reply
  14. Constitutional Law
    Constitutional Law says:

    Finicum was a traitor.

    OK, the Malheur Mental Militia says they want the Constitution, that they want the gov to follow its own laws (and oddly enough, carry around their little pocket constitutions while they say they are sovereign citizens and don’t recognize the Federal gov).
    Here is a breakdown of how they break the laws in the Constitution, which is “fundamental higher law” and therefore subject to judicial review, which gives SCOTUS judicial supremacy.
    1.1) All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
    [Constitutes Legislative Branch]
    (they call it a “constitution” because it constitutes something. This is it).
    1.8.12) To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
    1.8.15) To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
    1.8.16) To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
    1.8.17) To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;
    [This refers to what is going to later be defined as one of the types of property. The one described here is the “Federal Enclave.” The enclave is land that the government uses for defense of the nation, and the Federal government has to pay rent on it to the state.]
    2.1) The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows
    Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector…. (snip)
    [Constitutes the Executive]
    2.2) The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States… (snip)
    [‘Nuff said]
    3.1) The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
    [Constitutes Judicial Branch. Cliven Bundy said “I abide by all state laws. But I abide by almost zero federal laws.”]
    Real quick, the Federal Principle is the operating principle of the Constitution. The original colonies had been established and hallowed by time and tradition, and the common law, which we inherited from England, recognizes tradition as a source of law. This is actually why the Revolution started. Each state has its own sovereignty, and England was violating it by quartering troops in order to enforce the Royal Governors, as England was trying to have a plenary, and it was draining pounds from the currency in the colonies; it’s not just the stamp act. That was not that big a deal, because anyone can forge a stamp.
    So the Federal Government was formed for national defense, while recognizing state’s right to keep the ultimate arbiters of sovereignty, an army. You know, a militia. More on this in an…. Hour.
    3.2) The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;— between a State and Citizens of another State,—between Citizens of different States,—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects…. (snip)
    [This establishes the original jurisdiction of SCOTUS. SCOTUS does not original jurisdiction over the states, because it’s an appeals court. Therefore it reviews challenged laws for constitutionality. The original jurisdiction, as outlined in 3.2, is only matters of state.]
    3.3) Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
    The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
    4.2.2) A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.
    4.3.2) The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.
    [Notice the phrase, “Property belonging to the United States.”]
    In case you don’t know, Heritage is a conservative institution. Very conservative. Here is the explanation of the Property Clause, taken from the Heritage Foundation website:
    The federal government owns or controls about thirty percent of the land in the United States. These holdings include national parks, national forests, recreation areas, wildlife refuges, vast tracts of range and wasteland managed by the Bureau of Land Management, reservations held in trust for Native American tribes, military bases, and ordinary federal buildings and installations. Although federal property can be found in every state, the largest concentrations are in the west, where, for example, the federal government owns over eighty percent of the land within Nevada.
    The primary constitutional authority for the management and control of this vast real-estate empire is the Property Clause. The exact scope of this clause has long been a matter of debate. Broadly speaking, three different theories have been advanced.
    The narrowest conception, which can be called the proprietary theory, maintains that the Property Clause simply allows Congress to act as an ordinary owner of land. It can set policy regarding whether such lands will be sold or retained and, if they are retained, who may enter these lands and for what purposes. Under this conception, the clause confers no political sovereignty over federal landholdings. Unless one of the enumerated powers of Article I applies, such as the power to raise armies or establish a post office, political sovereignty over federal lands remains with the several states in which the land is located.
    The broadest conception, which can be called the police-power theory, regards the clause as conferring not only the powers of ownership but also general sovereign authority to regulate private conduct that occurs on federal land or that affects federal land. In default of any federal rule, state law applies. But if Congress determines that a federal rule “respecting” federal land is “needful,” it may adopt federal legislation that supersedes state law. Thus, the Property Clause gives Congress the authority to adopt any type of legislation for federal lands, including codes of criminal law, family law, and exemptions from state taxation for persons residing on federal lands…. (snip)
    [NEXT!]
    1st Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
    [If you have a problem, you find a solution through the democratic process. The Mental Militia was trying to use a political solution, that is, with arms. Sovereignty means the monopoly on violence within a nation’s legal borders. The ultimate arbiter of this final authority is the armed service. Military is considered “high politics.”]
    2nd Amendment: 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.
    [This will get its own separate post. But for now, look at the part nobody looks at, “security of a free state.”]
    3A: No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
    [Now, I admit this is a stretch, but in international law, war requires the combatants to make it clear that they are combatants. This means they must carry their weapons openly and wear a uniform. You see where I’m going with that?]
    And so on. The Mental Militia challenged the sovereignty of the nation. Which means they wanted to take it for themselves. So, if they violate the first parts of the Constitution in order to usurp power, but they want to follow the Constitution, at which point do they simply throw the whole document out? So, if they take the power and they want the Constitution to be followed, that means every part of the Constitution can be enjoined against them. Idiots.

    Reply
  15. Constitutional Law
    Constitutional Law says:

    Now for the Second Amendment.

    The traditional understanding of 2A was formally recognized in US v. Miller, was that the states had the right to have their own militia. The case centered around Miller, who was caught with a sawed-off and tried to use the militia excuse. The issue was the suitability of weapons for use in the military. 2 of the SCOTUS Justices were vets of WW1. While they might have agreed that a sawed-off was a good weapon in the trench, that could not fall under “judicial notice.” The implication of the ruling is that it’s up to the states to regulate militias. This regulation did not give the states the right to dissolve the militia, but since the states have sovereignty within their borders, they decide their own regulations for a militia.

    This understanding is the states’ rights argument.

    It relies on the clause “security of a free state.” It’s a group right, not an individual right.

    This whole thing centered around FCA34. The public was clamoring for stricter gun controls because of gang violence. The courts have to be responsive to social demands. The courts are a libertarian solution, since the only proper role for the gov is defense. Instead of a purely political, executive decision, the people use social methods to implement change. The courts are an access point to the people. Democracy requires pluralism.

    Miller challenged FCA34 and lost. His sawed-off was deemed not a military weapon. Sawed-offs were outlawed, and states’ rights were reinforced by the Miller precedent.

    This was the understanding up until Heller. Since the militia in Oregon was trying to usurp power and challenging the sovereignty of local, state, and the Federal gov, they violated the Second Amendment. They are catching a break by not having the Second enjoined against them.

    Heller challenged the DC ban. He was an armed guard who could carry at work, but couldn’t even defend himself in his own home. The NRA actually tried to stop this case from going to court by filing their own suit, to take it out of the hands of a citizen who merely wanted to be able to protect himself. They sued DOJ under Ashcroft, but DOJ was not involved; it was inappropriate to sue DOJ. In addition, this is the DOJ, the legal juggernaut. Finally, the proper venue was the DC District Court, and the NRA tried to take it to SCOTUS. Their case got thrown out. This opened the way for Heller and his lawyer, Alan Gura, to proceed. Heller overturned the gun ban. Scalia ruled on this case, and his opinion did not say you could carry any damn thing; it was not a blank check to open carry, and all that.

    Recall that Scalia was a conservative, very much so. Liberals hated him. Remember?

    So they were violating the second sense of the Second Amendment, which recognized individual rights, overturning Miller. That means the Second could be enjoined against them here as well.

    Think for yourselves.

    Reply
    • Sharon Tobe
      Sharon Tobe says:

      You’ve obviously never been to court or you would be well aware that it’s a sham. It’s your life but it’s just a game to them. Enjoy your time in hell with the judges, politicians and dirty cops.,

      Reply

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