The 2nd Amendment and Me

I guess quite a few people believe that I am one of those “liberal, gun hating criminal coddlers”. Nothing could be farther from the truth.

I just have a problem with the vast majority of the NRA types who neither understand history or how to construct a rational and logical argument. I have studied the 2nd Amendment from its concept with the Founding Fathers to its present day applications. I believe the 2nd Amendment is more important today than it has ever been. Although the need for Americans to bear arms was essentially a common sense application in a country that was largely unexplored and dangerous, there can be no doubt that the political aspects of the right to bear arms are rooted in a deeply held suspicion of government.

In fact, I can’t stand these NRA sissies who hedge and haw on the 2nd Amendment. The right to bear arms is just that and, if you are going to take the position that any attempt to control weapons is unconstitutional, then take it. This doesn’t stop with fully automatic assault weapons, or even grenades or shoulder fired missiles. If the right to bear arms is a hedge against government oppression, then a few assault weapons won’t cut it. The government also has thermo-nuclear devices, so to defend ourselves against the government we all have a right to bear thermo-nuclear devices, by their logic (such as it is).

And anyone who argues otherwise is a liberal sissy.

One could argue that the right to bear arms is as important today as it has ever been, what with Birthers, Baggers and other right wing terrorists, this society is arguably more dangerous than the 17th century frontier! And with conservatives controlling many courts and legislatures, the efforts to take away our rights (such as the right to vote, equal pay for equal work, etc.) has never been more pronounced and the need to defend those rights by any means necessary is becoming more essential. However, if they are going to take a strictly constructionist, or literal interpretation of the 2nd Amendment, then do it and live with it, but at least have the courage to be honest about it.

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4 Responses to The 2nd Amendment and Me

  1. Frank Cusumano says:

    Fieger knows better than anyone the abuses possible by the government, or more properly stated, those in control of the government apparatus. I recently filed a brief with the Michigan Supreme Court arguing the point, and cited to their cases relative to the raid on Fieger’s offices and the dogged prosecution which Fieger was ultimately exonerated.

    It is illegal – a felony – for any Detroit Casino licensee (supplier or gaming) to make campaign contributions to a campaign of an elected official in Michigan. MCL 432.207b. But, in fact, donations are made by Marian Ilitch to Candice Miller’s campaign. The Miller campaign then transfers funds to the following: 1) the Michigan Republican State Committee; 2) the Macomb County Republican Committee. These committees then distribute the funds to state representative candidates and to the GOP candidates for the Michigan Supreme Court.

    Does this sound like “conduit contributions?”

    Meanwhile, Sec. 7 B prohibits any contributions between any licensee’s relatives, including spouses and children, to any candidate. After this law was passed, State House Speaker Curtice Hertel suddenly took an interest in this law and requested an Attorney General Opinion on its constitutionality – that was in September1998. On December 17, 1998 – an incredibly short period, Attorney General Frank Kelley issued OAG 7002. Sec. 7b has never been repealed, or modified. It is still law on the books, except the State of Michigan agencies, i.e. the Secretary of State and the Attorney General are bound by it.

    http://www.ag.state.mi.us/opinion/datafiles/1990s/op10072.htm

    OAG 7002 (1998) stated that, as to the relatives, the contribution prohibition is unconstitutional unless it was being done to evade the licensees’ legal obligation not to make the contributions. Well Denise Illitch makes all kinds of contributions, as does her other brothers and sisters to candidates, but primarily to Candice Miller after she introduce a bill to allow Indian casino gaming in Port Huron to the Bay Mills Indian Casino.

    On December 31, 1998 – 14 days after issuing OAG 7002, the revolving door turned and Frank Kelley retired as Attorney General and started Cawthorne & Kelley, a lobbyist law firm. Kelly & Cawthorne is a “full-service public policy and advocacy firm.” Dennis Cawthorne was head of the Engler transitional team, six term State Representative and House Republican Leader. That firm advertises on the internet that it represents gambling interests with the Michigan Legislature.

    I moved to disqualify the GOP Justices that took funds, indirectly from the casino licensees at Motorcity Casino – the Ilitches. The Motion was denied as was the application for leave to appeal

    Well, you might say, isn’t state law pre-empted by the Federal Election Campaign Act (FECA)? Interestingly enough there was someone else who made this argument. His name was Jerome Dewald. He had started two PACs after the Bush Gore election – one for Gore and one for Bush. Dewald poached contributors names and addresses off the FEC website and sent out solicitation letters. Dewald took in over $700K, took a percentage, and donated the rest to various Democratic and Republican committees. In fact the Bush campaign took the money and kept it.

    Well, the National GOP found out – they seed fake names in the disclosure filings – and sent a cease and desist letter. The GOP then had Attorney General Michale Cox prosecute him for violations of Michigan state laws. Dewald raised federal pre-emption – there was a Federal law which prohibited what he had done. The Michigan Court of Appeals ruled state law crimes are NOT pre-empted by FECA and Dewald serve 8 years in prison for false pretenses and fraud.

    Here is the case.

    http://scholar.google.com/scholar_case?case=10656467738175421337&hl=en&as_sdt=2&as_vis=1&oi=scholarr

    The Michigan Supreme Court denied application for leave to appeal with Justice Cavanagh dissenting. So why isn’t Sec. 7b – a state criminal law – being enforced? Well, it is a double standard, and is about power.

    Isn’t Candice Miller a candidate for office? Doesn’t Michigan law apply to Miller as well as Dewald if there is no Federal Premption? Isn’t this the same “crime” that the government accused Fieger of – “conduit contributions.” Didn’t the Court shoot down all Fieger’s free speech arguments as to his ability to speak his mind about the Justices?

    These are all issues I raised and guess what, you will never get an answer because the Michigan Secretary of State, and the Attorney General both take money from the State GOP – money that in part came from casino licensees.

  2. Janis Smith says:

    You MUST run for Governor of Michigan, Mr. Figer. My husband and I will work our butts off to see you elected. You represent our Democratic Republic of America and are NOT afraid of the NRA!! Do it!! Always respected you and always will – no matter – BUT, please consider running!!

  3. Jerome Dewald says:

    I am Jerome Dewald and that is my case you are citing above. You should know that the US District Court in Grand Rapids says the Michigan AG was preempted in my prosecution. You read the opinion, if you like, on PACER.

  4. Jerome Dewald says:

    The case is Dewald v. Wrigglesworth. Here is a link to the order: https://ecf.miwd.uscourts.gov/doc1/09913127643. But the Report and Recommendation are much more instructive.

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