Letter to Senator McCain

SENATOR JOHN MCCAIN

 

Thank you for yours of May 30th, however; there remains a problem:  You have too narrow a focus and you are thinking in double contradictions. To wit, I quote:

 

“I do not believe narrowly expanding background checks impinges on our Second Amendment rights.  Anything we can do within the bounds of the Constitution that would prevent someone who should not have a firearm from getting one is a good thing.”  --John McCain, May 30th, 2013

 

Nothing you do as a U.S. Senator regarding background checks as pre-condition for exercising any right is within the bounds of the Constitution.  And that is not a “good thing.”  I illustrate:

 

All background checks do impinge on our Second Amendment rights because to the extent they require government permission as a pre-condition for purchasing a firearm – from anyone! -- they are an a priori restraint on the exercise of our right to keep and bear arms.

 

In the absence of probable cause of wrongdoing, all background checks as a pre-condition for the purchase of a firearm are an a priori restraint of our Constitutionally-guaranteed right to due process.

 

The 5th Amendment prohibits government from requiring a citizen to witness against himself, and the Courts have already ruled a felon is not required to answer background check questions truthfully.  Indeed, no authority is delegated to government to compel background checks as a pre-condition to exercising any right.

 

All background checks violate our Constitutionally-guaranteed right to be secure from being compelled to obtain permission to exercise a right.  In the absence of known felony conviction, government is not delegated the lawful authority to issue or deny permission to exercise a right.  And government is not delegated the authority to ask.

 

All background checks violate our right to privacy in the exercise of our rights.

 

All background checks violate our right to be secure from being compelled to waive a right as a pre-condition for obtaining “permission” to exercise a right.

 

Being required to obtain government permission to exercise a Constitutionally-guaranteed right violates our right to a republican form of government founded on the rule of law.

 

Any law requiring background checks of any kind as a pre-condition for obtaining government permission to exercise any right is null and void from the moment of its inception, is but mere color of law, and cannot be enforced other than by a rogue occupation government that has abdicated its lawful authority to govern.

 

As a U.S. Senator you may legislate the authority to arrest and prosecute a felon in possession of a firearm.  You have no authority to legislate the violation the Constitutionally-guaranteed rights of any citizen as a pre-condition to obtaining government permission to exercise a right.

 

Senator John McCain, you need to re-align yourself with the principles and governmental limitations inherent in the Constitution of the United States as amended.  Otherwise the Barry Soetoro (aka Barack Obama)-led Marxist Mafia regime will destroy the first, only, and probably last best hope for the liberty of Mankind on this planet.  It is time you stopped helping them.

 

Donald L. Cline