Wicked Commentary

The Absolute Truth

From the Blog of Publius-Huldah

Gun Control, the Dick Act of 1902, Bills of Attainder & Ex Post Facto Laws

The latest round of rubbish flooding our in boxes is an ignorant rant claiming that the Dick Act of 1902 (which respects our Right to be armed) can’t be repealed because to do so would “violate bills of attainder and ex post facto laws”.

Who dreams up this stuff? Does anyone check it out before they spread it around?

Of course we have the God-given right to keep and bear arms, to self-defense, etc., etc.  Our Declaration of Independence (2nd para) recognizes that our Rights come from God and are unalienable.

The 2nd Amendment to our federal Constitution recognizes that this God-given right to keep and bear arms is to be free from any interference WHATSOEVER from the federal government.

Our Framers were all for an armed American People – they understood that arms are our ultimate defense in the event the federal government oversteps its bounds.  See, e.g., what James Madison, Father of Our Constitution, writes in the second half of Federalist Paper No. 46!  The reason the Citizens – the Militia – are armed is to defend ourselves, our families, our neighborhoods, communities, and States from an overreaching, tyrannical federal government.

Accordingly, the federal government is nowhere in the Constitution granted authority to abridge, restrict, or infringe,  in any fashion whatsoever, guns, ammunition, etc. Thus, ALL such restrictive laws made by Congress, and ALL regulations made by the Bureau of Alcohol, Firearms, and Tobacco (ATF), are unconstitutional as outside the scope of the powers granted to Congress and to the Executive Branch by our Constitution. Restriction of arms and ammunition is NOT one of the “enumerated powers” delegated to Congress or the Executive Branch.

Furthermore, all pretended regulations made by the ATF are also unconstitutional as in violation of Art. I, Sec. 1, U.S. Constitution, which vests ALL legislative powers granted by the Constitution in CONGRESS.   Executive agencies have no lawful authority whatsoever to make rules or regulations of general application to The People!

In addition, the President and the Senate may not lawfully by treaty do anything the Constitution does not authorize them to do directly.   Since the Constitution does not authorize the federal government to disarm us, the federal government may not lawfully do it by Treaty.   See, http://publiushuldah.wordpress.com/2009/09/19/the-treaty-making-power-of-the-united-states/

But the assertion that one Congress may not repeal acts of a previous Congress is idiotic.

And the assertion that Congress can’t repeal the Dick Act because a repeal would “violate bills of attainder and ex post facto laws” shows that whoever wrote that doesn’t know what he is talking about. He obviously has no idea what a “bill of attainder” is, and no idea what an “ex post facto law” is.

This accurately explains what a “bill of attainder” is: http://www.historylearningsite.co.uk/Bill-of-Attainder.htm

An “ex post facto” law RETROACTIVELY criminalizes conduct which was not criminal when it was done.

Say you barbequed outside last Sunday. That was lawful when you did it. Next month, Congress makes a pretended law which purports to retroactively criminalize barbequing outdoors. So, now, what you did is a crime (for which you are subject to criminal prosecution); even thou when you did it, it wasn’t a crime. That is an ex post facto law.

Now, say Congress passes a pretended law making possession of firearms a crime and ordering everyone to turn in their guns. Only if you do not turn in your guns will you have committed a “crime”.  That is not an ex post facto law because if you turn in your guns, you won’t be criminally prosecuted. The “crime” is the failure to turn in your guns – not the prior possession of guns.

Such a law would be totally UNCONSTITUTIONAL, because gun control is not one of the enumerated powers of Congress. Thus, the law would be outside the scope of the powers delegated to Congress.

It would also be unconstitutional as in violation of the 2nd Amendment.

But it would not be an ex post facto law.

People shouldn’t sling around terms, the meanings of which, they do not understand. It is immoral.

If TRUTH spread as rapidly as lies, our problems would have been resolved long ago.  But if People can come to love TRUTH more than they love the ignorant rubbish they circulate, perhaps it is not too late to restore our Constitutional Republic. PH


In Federalist Paper No. 84 (4th para), Alexander Hamilton says re ex post facto laws (and of the importance of the writ of habeas corpus):

“…The creation of crimes after the commission of the fact, or, in other words, the subjecting of men to punishment for things which, when they were done, were breaches of no law, and the practice of arbitrary imprisonments, have been, in all ages, the favorite and most formidable instruments of tyranny…” PH

Posted January 19, 2013; revised Jan 21, 2013

About Publius Huldah:

Lawyer, philosopher & logician.  Strict constructionist of the U.S. Constitution.  Passionate about The Federalist  Papers (Alexander Hamilton, James Madison & John Jay), restoring constitutional government, The Bible, the writings of Ayn Rand, & the following:

There is no such thing as Jew & Greek, slave & freeman, male & female, black person & white person; for we are all one person in Christ Jesus.

Reference:  http://publiushuldah.wordpress.com/

My input:

So everyone who reads this blog, do not pay attention  to any unconstitutional laws.  They are unjust laws that we do not have to obey.  Stand up to anyone who tries to take your Constitutional right  to own and bear arms.  NO ONE has the right to take this away from us.

If the King uses force to take our guns, we simply have to fight.  He is then waging war against his own people.  This is TREASON pure and simple.  And if Congress or the military does not act to stop him,  We the People must do so; it is our right and our duty as stated in the Declaration of Independence.   Peppermint


Comments on: "The Absolute Truth" (9)

  1. Gar Swaffar said:

    You’re expecting Logic and Reason from the Federal Purveyors of Tyranny and Oppression and/or their Willing Media Minions?
    Will the bump on your head be OK soon? I’ll pray for you that there won’t be any lasting effects.


    • Gar,

      I believe you perhaps misunderstood me. There is no bump on my head at the present time. You can still pray for me however since the Hawk and I WILL DEFEND ourselves against this King.

      I do NOT expect logic and reason to suddenly befall the tyrannical king or the federal government. Not in my wildest dreams do I ever think that!

      What I do expect is that We the People will take up arms against a tyrannical government and fight.

      As the Utah Sheriffs Association stated, (in their letter to the King) “……We, like you, swore a solemn oath to protect and defend the Constitution of the United States, and we are prepared to trade our lives for the preservation of its’ traditional interpretation.”

      This is what I expect from all patriots, WE the PEOPLE be wiling to trade our lives to protect the Constitution and the 2nd Amendment which is our God given right.

      Re-read my last my last two paragraphs under Input from me. I think maybe you didn’t read far enough because I made myself pretty clear.


      • Gar Swaffar said:

        Mea Culpa, I mis-read that, I saw that initially as an extension of the Publius portion.
        And yes, we need to Keep It Dry.


        • Gar,

          Apology happily accepted. Yep, keep your powder dry and be prepared for anything. That is all we can do.

          But, I’d rather go down fighting than this Traitor putting us into a FEMA camp where he intends to shoot us anyway. They have those FEMA camps loaded with guns and ammo. Nobody has ever explained these actions, so people can figure out themselves why they are loaded to the hilt with arms. I see no other reason for this than to kill us.


  2. Here’s a cop against the 2nd Amendment.

    San Diego Police Chief William Lansdowne is fully supportive of the Obama/Feinstein gun grab, and says if lawmakers play it right Americans can be completely disarmed within “a generation.”

    Lansdowne has gone on record saying: “I could not be more supportive of the president
    for taking the position he has. I think it’s courageous with the politics involved in this process. [And] I think it’s going to eventually make the country safer.”

    He made it clear that it may take “a generation,” but new laws could eventually take all guns off the streets

    Read more: http://cowboybyte.com/18265/san-diego-police-chief-we-can-disarm-americans-within-a-generation/#ixzz2JSQe4hRY


  3. That is precisely the problem. People who have NOT studied jack shit about the Constitution,the laws as applicable,and their REAL meanings going on the idiot box,and acting as though they’re some sort of frigging scholar. Then,IF it fits the damnable media narrative,it is preached as Gospel when in reality it is bullshit.


  4. Davetherave said:

    Good post Pepp. Sorry I’ve been MIA but my WordPress is screwed up and while I’ve figured how to fix most of it I still need to work on Avatar. There are so many examples from the past that clearly illustrates what happens when the feds disarm their citizens. This is such propaganda bullshit by the radicals it’s ridiculous. And clyde really nailed with the large number are ignorant of our constitution and don’t know what rights they have.

    Funny enough; Silvester Stallone made a speech the other day completely in favor of fun confiscation, Another Hollywood, hypocritical, radical, How may violent movies as Stallone made using guns to kill people? I think his newest movie called something like “A Bullet In The Head”. Radicals hypocrisy never ceases to amaze me.


    • Dave,

      Good comment. I won’t watch anymore Stallone movies again. Bruce Willis came out in defense of the 2nd Amendment. Good man.

      These Hollywood creeps have a lot of nerve since everyone of them is protected by a body guard/s with guns.


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