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6/5/2022

RED FLAG LAWS UNCONSTITUTIONAL – SO WHAT

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Steve Scalise said he does not support legislation on red flag laws, calling them “unconstitutional” and a non-solution to a broader debate on how to curb gun violence.
Scalise told “Fox News Sunday” host John Roberts that red flag laws, implemented in 19 states across the U.S., are unconstitutional because authorities violate a Second Amendment right to bear arms when they seize firearms from an individual a court deems is a threat.
“They literally come into your house and take away your gun without you even knowing that there was some kind of proceeding where somebody said, ‘Oh, I think that gun might be a threat,'” the lawmaker said. “Maybe somebody thought taking away a gun from a 19-year-old is going to solve a problem. It happens to be unconstitutional.”
Steve Scalise is correct. Red Flag laws violate the Constitution of the United States. America’s Founders understood clearly that private property is the foundation not only of prosperity but of freedom itself. Thus, through the common law, state law, and the Constitution, they protected property rights — the rights of people to acquire, use, and dispose of property freely. The Constitution protects property rights through the Fifth and Fourteenth Amendments’ Due Process Clauses.
This would be important if we were still a Republic. Remember, in a republic the law is the Supreme Ruler. In a Constitutional Republic the Constitution is the Supreme Ruler. In a republic, laws could not be made that would violate the Supreme Ruler or in our case the United States Constitution. Red flag laws are clearly unconstitutional.
However, the United States has been transformed by the American Marxist movement, which is now centered in the Democrat party, from a Constitutional Republic to a democracy. In a democracy, the majority or those in power are the Supreme Ruler. The only limitations they have are those they place upon themselves. Since the United States is no longer a Constitutional Republic, the limitations, and restrictions the Constitution places on government, the majority or those in power no longer apply.
In a democracy, if the majority or those in power declare that because a person believes you owning a gun is dangerous and because of that complaint the state can take your gun, so be it. This is how democracy works. Yes, in a democracy, anything could be substituted for gun. Your neighbor could declare that they believed you had subversive tendencies, make a complaint to the government authorities, and you could be placed in jail.
Does this happen in societies. Oh yes it does. It happens in virtually all totalitarian societies. Most recently in the collectivist’s states of Russia, later to be the Soviet Union, Mussolini’s Italy, Hitler’s Germany, Castro’s Cuba, the CCP’s China, and most recently in the Democrats United States. The Supremacy of the majority or those in power is critical to a totalitarian democracy. This is why the founders insisted that we by a Constitutional Republic where the majority or those in power are restricted and limited, and the liberties of the people are protected and can not be infringed or abridged.


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  • Home
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